[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2025 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 7
Agriculture
________________________
Parts 300 to 399
Revised as of January 1, 2025
Containing a codification of documents of general
applicability and future effect
As of January 1, 2025
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........................ 421
Alphabetical List of Agencies Appearing in the CFR...... 441
List of CFR Sections Affected........................... 451
[[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, 2025), 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
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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 dropped in 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 adequately summarized in the preamble
of the final rule and is 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
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or email [email protected].
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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The eCFR is a regularly updated, unofficial editorial compilation of
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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, 2025
[[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, 2025.
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)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued)
Part
chapter iii--Animal and Plant Health Inspection Service,
Department of Agriculture................................. 300
[[Page 3]]
Subtitle B--Regulations of the Department of Agriculture (Continued)
[[Page 5]]
CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
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Part Page
300 Incorporation by reference.................. 7
301 Domestic quarantine notices................. 8
302 District of Columbia; movement of plants and
plant products.......................... 130
305 Phytosanitary treatments.................... 130
318 State of Hawaii and territories quarantine
notices................................. 146
319 Foreign quarantine notices.................. 165
322 Bees, beekeeping byproducts, and beekeeping
equipment............................... 250
330 Federal plant pest regulations; general;
plant pests; biological control
organisms, and associated articles;
garbage................................. 264
331 Possession, use, and transfer of select
agents and toxins....................... 288
340 Movement of organisms modified or produced
through genetic engineering............. 303
351 Importation of plants or plant products by
mail.................................... 313
352 Plant quarantine safeguard regulations...... 315
353 Export certification........................ 327
354 Overtime services relating to imports and
exports; and user fees.................. 338
355 Endangered species regulations concerning
terrestrial plants...................... 368
356 Forfeiture procedures....................... 375
357 Control of illegally taken plants........... 379
360 Noxious weed regulations.................... 381
361 Importation of seed and screenings under the
Federal Seed Act........................ 388
370 Freedom of information...................... 405
371 Organization, functions, and delegations of
authority............................... 406
372 National Environmental Policy Act
implementing procedures................. 412
[[Page 6]]
380 Rules of practice governing proceedings
under certain acts...................... 418
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
I--Logs, Lumber, and Other 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.
[67 FR 8463, Feb. 25, 2002 as amended at 84 FR 2427, Feb. 7, 2019]
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 A_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 B_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 C_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 D_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 E_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 [Reserved]
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 F_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 G--Pine Shoot Beetle [Reserved]
Subpart H_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 I_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 [Reserved]
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 J--Emerald Ash Borer [Reserved]
Subpart K_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.
Subpart L_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 M_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.
[[Page 10]]
301.75-16 Payments for the recovery of lost production income.
301.75-17 Funds for the replacement of certified citrus nursery stock.
Subpart N_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 O_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 [Reserved]
301.80-2b [Reserved]
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 P_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 Q--Unshu Oranges [Reserved]
Subpart R_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 [Reserved]
301.85-2b [Reserved]
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 S_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.
[[Page 11]]
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 T_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 U_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 V--Corn Cyst Nematode [Reserved]
Subpart W_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 X_Phytophthora Ramorum
301.92 Restrictions on interstate movement.
301.92-1 Definitions.
301.92-2 Restricted, regulated, and associated articles; lists of proven
hosts and associated plant taxa.
301.92-3 Quarantined areas and regulated establishments.
301.92-4 Conditions governing the interstate movement of regulated,
restricted, and associated articles, and non-host nursery
stock from quarantined and regulated establishments.
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 A_Preemption and Special Need Requests
Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted.
Redesignated at 84 FR 2427, Feb. 7, 2019
[[Page 12]]
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
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
[[Page 13]]
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.
(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
[[Page 14]]
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 B_Imported Plants and Plant Parts
Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
Sec. 301.10 Definitions.
Move (moved, movement). Shipped, offered to a common carrier for
shipment, received for transportation or transported by a common
carrier, or carried, transported, moved, or allowed to be moved.
State. Any State, territory, district, or possession of the United
States.
Sec. 301.11 Notice of quarantine; prohibition on the interstate
movement of certain imported plants and plant parts.
(a) In accordance with part 319 of this chapter, some plants and
plant parts may only be imported into the United States subject to
certain destination restrictions. That is, under part 319, some plants
and plant parts may be imported into some States or areas of the United
States but are prohibited from being imported into, entered into, or
distributed within other States or areas, as an additional safeguard
against the introduction and establishment of foreign plant pests and
diseases.
(b) Under this quarantine notice, whenever any imported plant or
plant part is subject to destination restrictions under part 319:
(1) The State(s) or area(s) into which the plant or plant part is
allowed to be imported is quarantined with respect to that plant or
plant part; and
(2) No person shall move any plant or plant part from any such
quarantined State or area into or through any State or area not
quarantined with respect to that plant or plant part.
Subpart C_Fruit Flies
Source: 73 FR 32432, June 9, 2008, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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
[[Page 15]]
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 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.
[[Page 16]]
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 identified as a regulated article
under Sec. 301.32-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.32-2(b), or otherwise designated in accordance
with Sec. 301.32-2(c) or (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.
[73 FR 32432, June 9, 2008, as amended at 87 FR 80003, Dec. 29, 2023]
Sec. 301.32-2 Regulated articles.
(a) List of regulated articles. Certain berries, fruits, nuts, and
vegetables are regulated articles for one or more species of fruit fly
unless the berries, fruits, nuts, or vegetables are canned, dried, or
frozen below -17.8 [deg]C (0 [deg]F). The relevant commodity (both
botanical name and common name), as well as the fruit fly species for
which it is a regulated article, is found at www.aphis.usda.gov/ aphis/
ourfocus/ planthealth /plant-pest-and-disease-programs/ pests-and-
diseases/ fruit-flies/ fruit-flies-home.
(b) Normal process for adding regulated articles. (1) If the
Administrator determines that an article not already listed at
www.aphis.usda.gov/ aphis/ ourfocus/ planthealth /plant-pest-and-
disease-programs/ pests-and-diseases/ fruit-flies/ fruit-flies-home
presents a risk of spreading one or more species of fruit flies, APHIS
will publish a notice in the Federal Register proposing to designate the
article as a regulated article for the relevant species of fruit flies.
The notice will provide the basis for this determination and will
request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for the relevant species of fruit flies and listing
it.
(c) Soil and plants as regulated articles. Soil is a regulated
article if it is within the dripline of a regulated article that is
listed at www.aphis.usda.gov/ aphis/ ourfocus/ planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ fruit-flies/ fruit-flies-home
and that is annotated with an asterisk. Plants are regulated articles if
they are producing or have produced species in the family Cucurbitaceae
that are listed at www.aphis.usda.gov/ aphis/ ourfocus/ planthealth/
plant-pest-and-disease-programs/ pests-and-diseases/ fruit-flies/ fruit-
flies-home as regulated articles for melon fruit fly.
(d) Immediate designation of other regulated articles. Any other
product, article, or means of conveyance not listed at
www.aphis.usda.gov/ aphis/ ourfocus/ planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ fruit-flies/ fruit-flies-home is a
regulated article, if an inspector determines it 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.
[88 FR 80003, Dec. 29, 2022]
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
[[Page 17]]
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 \1\ only if moved under the following conditions:
---------------------------------------------------------------------------
\1\ 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 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
[[Page 18]]
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; 88 FR 80004, Dec.
29, 2022]
Sec. 301.32-5 Issuance and cancellation of certificates and limited
permits.
(a) A certificate may be issued by an inspector \1\ for the
interstate movement of a regulated article if the inspector determines
that:
---------------------------------------------------------------------------
\1\ 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
[[Page 19]]
(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 \2\ will issue a limited permit for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\2\ See footnote 1 of this section.
---------------------------------------------------------------------------
(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. 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; 87
FR 80004, Dec. 29, 2022]
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. \1\
---------------------------------------------------------------------------
\1\ 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,
[[Page 20]]
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.
[73 FR 32432, June 9, 2008, as amended at 87 FR 80004, Dec. 29, 2022]
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 \1\ as far in advance of the desired
interstate movement as possible, but no less than 48 hours before the
desired interstate movement.
---------------------------------------------------------------------------
\1\ See footnote 1 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.
[73 FR 32432, June 9, 2008, as amended 87 FR 80004, Dec. 29, 2022]
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.
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
[[Page 21]]
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 D_Black Stem Rust
Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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) and may be moved interstate to
any destination.
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart, a
Berberis plant will be considered clonally propagated only if its parent
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
Compliance agreement. A written agreement between a State that is a
protected area or that encompasses a protected area and a person who
moves regulated articles interstate, or in a non-protected area between
APHIS and such person, in which that person agrees to comply with this
subpart.
Departmental permit. A document issued by the Administrator in which
he or she affirms that interstate movement of the regulated article
identified on the document is for scientific or experimental purposes,
and that the regulated article is eligible for interstate movement under
the conditions specified on the Departmental permit and found by the
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia
into protected areas.
Inspector. Any APHIS employee or other person authorized by the
Administrator in accordance with law to enforce this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector to allow the
interstate movement into or through a protected area of regulated
articles not eligible for certification under this subpart to a
specified destination outside the protected area.
[[Page 22]]
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.
Regulated article. Any article identified as a regulated article
under Sec. 301.38-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.38-2(c), or otherwise designated in accordance
with Sec. 301.38-2(d).
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, \1\ and that are listed as rust-resistant in accordance
with Sec. 301.38-2.
---------------------------------------------------------------------------
\1\ 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 in accordance
with Sec. 301.38-2.
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; 87 FR 80004, Dec. 29, 2022]
Sec. 301.38-2 Regulated articles.
(a) Rust-resistant regulated articles. The Administrator has
determined that certain Berberis , Mahoberberis, and Mahonia species and
varieties are rust-resistant. A list of all such articles is located at
www.aphis.usda.gov/ aphis/ ourfocus/ planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ barberry/ ct_barberry.
(b) Berberis, Mahoberberis, and Mahonia. 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, are regulated articles.
(c) Process for adding rust-resistant regulated articles--(1) Normal
process. (i) If the Administrator determines that an article not already
listed at www.aphis.usda.gov/ aphis/ ourfocus/ planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ barberry/ ct_barberry meets
the definition of rust-resistant plants found in this subpart, APHIS
will publish a notice in the Federal Register proposing to designate the
article as a rust-resistant regulated article for black stem rust. The
notice will provide the basis for this determination, and will request
public comment.
(ii) If no comments are received on the notice, or if the comments
do not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a rust-
resistant regulated article for black stem rust and listing it.
(2) Requested process. A person may request that an additional rust-
resistant variety be added to the list at www.aphis.usda.gov/ aphis/
ourfocus/ planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/ barberry/ ct_barberry. The person requesting that a rust-
resistant variety be added to the list must provide APHIS with a
description of the variety, including a
[[Page 23]]
written description and color pictures that can be used by an inspector
to clearly identify the variety and distinguish it from other varieties.
If APHIS determines the variety should be added to the list, APHIS will
propose to add it to the list pursuant to paragraph (c)(1) of this
section.
(d) Immediate designation of regulated articles. Any other product
or article not listed at www.aphis.usda.gov/ aphis/ ourfocus/
planthealth/ plant-pest-and-disease-programs/ pests-and-diseases/
barberry/ ct_barberry is a regulated article if an inspector determines
it 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.
(Approved by the Office of Management and Budget under control number
0579-0186)
[87 FR 80004, Dec. 29, 2022, as amended at 89 FR 23501, Apr. 4, 2024]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in
accordance with paragraph (d)of this section any State that has
eradicated rust-susceptible plants of the genera Berberis, Mahoberberis,
and Mahonia under the cooperative Federal-State eradication program. In
addition, the State must employ personnel with responsibility for the
issuance and withdrawal of certificates in accordance with Sec. 301.38-
5, and maintain and enforce an inspection program under which every
plant nursery within the State is inspected at least once each year to
ensure that they are free of rust-susceptible plants. During the
requisite nursery inspections, all nursery stock shall be examined to
determine that it consists only of rust-resistant varieties of the
genera Berberis, Mahoberberis, and Mahonia, and that the plants are true
to type. Plants that do not meet this criteria must be destroyed.
(b) The Administrator may designate as a protected area any county
within a State, rather than the entire State, if areas within the State
have eradicated rust-susceptible plants of the genera Berberis,
Mahoberberis, and Mahonia under the cooperative Federal-State program,
and;
(1) The State employs personnel with responsibility for the issuance
and withdrawal of certificates in accordance with Sec. 301.38-5;
(2) The State is enforcing restrictions on the intrastate movement
of the regulated articles that are equivalent to those imposed by this
subpart on the interstate movement of regulated articles, as determined
by the Administrator; and
(3) The State maintains and enforces an inspection program under
which every plant nursery within the county is inspected at least once
each year to ensure that plant nurseries within that area are free of
rust-susceptible plants of the genera Berberis, Mahoberberis, and
Mahonia. During the requisite nursery inspections, all nursery stock
shall be examined to determine that it consists only of rust-resistant
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that
the plants are true to type. Plants that do not meet this criteria must
be destroyed.
(c) All seed used to propagate plants of the genera Berberis,
Mahoberberis, and Mahonia in protected areas, and all seed used to
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that
are certified as rust-resistant for interstate movement into protected
areas, must be produced at properties where a State inspector has
verified that no wild or domesticated rust-susceptible plants are
growing at or within one-half mile of the property. \1\
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
[[Page 24]]
(d) The Administrator will publish a list of all protected areas on
the Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/
aphis/ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-
diseases/barberry/ct_barberry. The list will include the date that the
list was last updated. Lists of all protected areas may also be obtained
by request from any local PPQ office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ppq-program-overview/sphd. After a change is made
to the list of protected areas in accordance with this section, APHIS
will publish a notice in the Federal Register informing the public that
the change has occurred and describing the change to the protected
areas.
(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 at www.aphis.usda.gov/aphis/ourfocus/
planthealth/plant-pest-and-disease-programs/pests-and-diseases/barberry/
ct_barberry 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; 87 FR 80004, Dec.
29, 2022]
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) 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:
(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);
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in accordance with Sec. 301.38-2.
(c) An inspector may issue a limited permit to allow a regulated
article not eligible for certification under Sec. 301.38-4(b)(2) to
move interstate into or through a protected area to a specified
destination that is stated in the permit and is outside the protected
area, if the requirements of all other applicable Federal domestic plant
quarantines are met. A regulated article moved interstate under a
limited permit must be placed in a closed sealed container that prevents
unauthorized removal of the regulated article, and that remains sealed
until the regulated article reaches the final destination stated in
[[Page 25]]
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; 87 FR 80005, Dec. 29, 2022]
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 \1\ 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.
---------------------------------------------------------------------------
\1\ 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; 88 FR 80005, Dec. 29, 2022]
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
[[Page 26]]
articles acquired each year, and to prevent the unauthorized use of
certificates issued for future use under the compliance agreement. \1\
---------------------------------------------------------------------------
\1\ 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; 87 FR 80005, Dec.
29, 2022]
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 \1\ 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.
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\1\ See footnote 1 in Sec. 301.38-3.
[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 87 FR 80005,
Dec. 29, 2022]
Subpart E_Gypsy Moth
Source: 58 FR 39423, July 23, 1993, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
Editorial Note: Nomenclature changes to part appear at 87 FR 80005,
Dec. 29, 2022.
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
establishes a quarantine within the United States to prevent the spread
of the gypsy moth, Lymantria dispar (Linnaeus), a dangerous insect
injurious to forests and shade trees and not widely prevalent or
distributed throughout the United States, and establishes regulations
governing the interstate movement of regulated articles and outdoor
household articles from quarantined areas of the United States.
(b) Restrictions on the interstate movement of regulated articles
and outdoor household articles. No common carrier or other person may
move interstate
[[Page 27]]
from any quarantined 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; 87 FR 80005, Dec. 29, 2022]
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.
Gypsy moth. The live insect known as the gypsy moth, Lymantria
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
Inspector. Any employee of APHIS, a State government, or any other
person, authorized by the Administrator in accordance with law to
enforce the provisions of the quarantine and regulations in this
subpart. 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
[[Page 28]]
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 individualcertified 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]); 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 who has
entered into a compliance agreement in accordance with Sec. 301.45-6
for the purpose of inspecting, treating, and issuing certificates for
the movement of outdoor household articles and mobile homes. \1\
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\1\ Names of qualified certified applicators may be obtained from
State departments of agriculture.
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Quarantine area. Any State, or portion thereof, listed as a
generally infested area in accordance with Sec. 301.45-2 or temporarily
designated as a generally infested area in accordance with Sec. 301.45-
2(c).
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\
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\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.
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Under the direction of. Monitoring treatments to assure compliance
with the requirements in this subpart.
Under the direct supervision of a qualified certified applicator. An
inspection or treatment is considered to be applied under the direct
supervision of a qualified certified applicator if the inspection or
treatment is performed by a person acting under the instructions of a
qualified certified applicator who is available if and when needed, even
though such qualified certified applicator is not physically present at
the time and place the inspection or treatment occurred.
[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994;
67 FR 8464, Feb. 25, 2002; 70 FR 33268, June 7, 2005; 71 FR 40878, July
19, 2006; 72 FR 70764, Dec. 13, 2007; 78 FR 24666, Apr. 26, 2013; 87 FR
80005, Dec. 29, 2022]
[[Page 29]]
Sec. 301.45-2 Authorization to designate and terminate designation
of quarantined areas.
(a) Except as provided in paragraphs (a)(1) and (2) of this section,
the Administrator will designate as a quarantined area each State or
each portion of a State in which a gypsy moth 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. The Administrator will publish a list of all quarantined
areas on the Plant Protection and Quarantine (PPQ) website at
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-
programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth. The list will
include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directories and on the
internet at www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-
overview/sphd. After a change is made to the list of quarantined areas,
APHIS will publish a notice in the Federal Register informing the public
that the change has occurred and describing the change to the
quarantined areas. Notwithstanding the criteria in the preceding
sentences, an area will not be listed as a quarantined area if the
Administrator determines 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 quarantined
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 quarantined
area will be adequate to prevent the artificial interstate spread of
infestations of the gypsy moth.
(c) Temporary designation of areas as quarantined areas. The
Administrator or an inspector may temporarily designate any area in any
State as a quarantined 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 quarantined area will be added to the list at
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-
programs/pests-and-diseases/gypsy-moth/ct_gypsy_moth 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 quarantined area. The
Administrator shall terminate the designation of any area as a
quarantined area whenever the Administrator determines that the area no
longer requires designation under the criteria specified in paragraph
(a) of this section. APHIS will publish a notice in the Federal Register
informing the public that the change has occurred.
[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007;
87 FR 80005, Dec. 29, 2022]
[[Page 30]]
Sec. 301.45-3 [Reserved]
Sec. 301.45-4 Conditions governing the interstate movement of regulated
articles and outdoor household articles from quarantined areas.
(a) Regulated articles and outdoor household articles from 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
quarantined area into or through any area that is not quarantined 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. \1\
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\1\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
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(2) An outdoor household article shall not be moved interstate from
any quarantined area into or through any area that is not quarantined
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 quarantined area
may be moved interstate directly through anyquarantined 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 quarantined
area during the months of April through August.
(c) A regulated article originating in a quarantined area may be
moved interstate from a quarantined 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; 87 FR 80006, Dec. 29, 2022]
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 quarantined area
and has not been exposed to the gypsy moth while within the quarantined
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 manner that no infestation would be transmitted thereby as
determined by an inspector.
[[Page 31]]
(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 32]]
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 33]]
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 F_Japanese Beetle
Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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,
[[Page 34]]
Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont,
Virginia, West Virginia, Wisconsin, and the District of Columbia in
order to prevent the spread of the Japanese beetle, a dangerous insect
injurious to cultivated crops and not theretofore widely prevalent or
distributed within or throughout the United States.
(b) No person shall move any regulated article interstate from any
regulated airport destined to any of the following States except in
accordance with the conditions prescribed in this subpart: Arizona,
California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, and
Washington.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996;
66 FR 21050, Apr. 27, 2001; 68 FR 43614, July 24, 2003; 69 FR 40534,
July 6, 2004; 71 FR 35493, June 21, 2006]
Sec. 301.48-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural and vice versa, as the case may demand. The following
terms, when used in this subpart shall be construed, respectively, to
mean:
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any person authorized to act for the
Administrator.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Compliance agreement. A written agreement between the Animal and
Plant Health Inspection Service and a person engaged in the business of
moving regulated articles interstate, in which the person agrees to
comply with the provisions of this subpart.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or other person, authorized by
the Administrator to enforce the provisions of the quarantine and
regulations in this subpart.
Interstate. From any State into or through any other State.
Japanese beetle. The live insect known as the Japanese beetle
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa,
or adult).
Person. Any individual, corporation, company, partnership, society,
or association, or other organized group of any of the foregoing.
Regulated airport. Any airport or portions of an airport in a
quarantined State declared regulated in accordance with provisions in
Sec. 301.48-2.
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; 87 FR 80006, Dec. 29, 2022]
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 35]]
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 36]]
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 G--Pine Shoot Beetle [Reserved]
Subpart H_Asian Longhorned Beetle
Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
[[Page 37]]
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
accordance with Sec. 301.51-2 or otherwise designated as a quarantined
area in accordance with Sec. 301.51-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.51-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.51-2(b), or otherwise designated in accordance
with Sec. 301.51-2(c).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
[62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022]
Sec. 301.51-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading Asian longhorned
beetle. A list of all such articles is found on the internet at
www.aphis.usda.gov/ aphis/ ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ asian-longhorned-beetle/ asian-longhorned-
beetle. Lists of all regulated articles may also be obtained by request
from any local PPQ office; local offices are listed in telephone
directories and on the internet at www.aphis.usda.gov/aphis/ ourfocus/
planthealth/ ppq-program-overview/sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ asian-longhorned-beetle/ asian-
longhorned-beetle presents a risk of spreading Asian longhorned beetle,
APHIS will publish a notice in the Federal Register proposing to
designate the article as a regulated article for Asian longhorned
beetle. The notice will provide the basis for this determination, and
will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for Asian longhorned beetle and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis 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 now subject
to the restrictions of this subpart.
[87 FR 80006, Dec. 29, 2022]
[[Page 38]]
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 each State or portion
of a State in which the Asian longhorned beetle is present, 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 the Asian longhorned beetle has been found. The
Administrator will publish a list of all quarantined areas (the
quarantine list) on the Plant Protection and Quarantine (PPQ) website at
www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ asian-longhorned-beetle/ asian-longhorned-
beetle. The list will include the date that the list was last updated.
Lists of all quarantined areas may also be obtained by request from any
local PPQ office; local offices are listed in telephone directories and
on the internet at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ ppq-
program-overview/sphd. After a change is made to the list of quarantined
areas, APHIS will publish a notice in the Federal Register informing the
public that the change has occurred and describing the change to the
quarantined areas. 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 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 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 nonquarantined area.
Thereafter, the interstate movement of any regulated articles from an
area temporarily designated as quarantined area is subject to this
subpart. As soon as practicable, this area will either be added to the
quarantine list or the Administrator will terminate the designation. The
owner or, in the case of publicly owned land, the person responsible for
the management of, an area for which the designation has terminated will
be given written notice of the termination as soon as practicable.
[87 FR 80006, Dec. 29, 2022]
[62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022]
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
[[Page 39]]
plant quarantines and regulations applicable to the regulated articles.
(b) An inspector or a person operating under a compliance agreement
will issue a limited permit for the interstate movement of a regulated
article not eligible for a certificate if he or she determines that the
regulated article:
(1) Is to be moved interstate to a specified destination for
specific processing, handling, or utilization (the destination and other
conditions to be listed on the limited permit), and this interstate
movement will not result in the spread of Asian longhorned beetle
because Asian longhorned beetle will be destroyed by the specific
processing, handling, or utilization; and
(2) It is to be moved in compliance with any additional conditions
that the Administrator may impose under section 414 of the Plant
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the
Asian longhorned beetle; and
(3) Is eligible for unrestricted movement under all other Federal
domestic plant quarantines and regulations applicable to the regulated
article.
(c) An inspector shall issue blank certificates and limited permits
to a person operating under a compliance agreement in accordance with
Sec. 301.51-6 or authorize reproduction of the certificates or limited
permits on shipping containers, or both, as requested by the person
operating under the compliance agreement. These certificates and limited
permits may then be completed and used, as needed, for the interstate
movement of regulated articles that have met all of the requirements of
paragraph (a) or (b), respectively, of this section.
(d) Any certificate or limited permit may be canceled orally or in
writing by an inspector whenever the inspector determines that the
holder of the certificate or limited permit has not complied with this
subpart or any conditions imposed under this subpart. If the
cancellation is oral, the cancellation will become effective
immediately, and the cancellation and the reasons for the cancellation
will be confirmed in writing as soon as circumstances permit. Any person
whose certificate or limited permit has been cancelled may appeal the
decision in writing to the Administrator within 10 days after receiving
the written cancellation notice. The appeal must state all of the facts
and reasons that the person wants the Administrator to consider in
deciding the appeal. A hearing may be held to resolve a conflict as to
any material fact. Rules of practice for the hearing will be adopted by
the Administrator. As soon as practicable, the Administrator will grant
or deny the appeal, in writing, stating the reasons for the decision.
[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]
Sec. 301.51-6 Compliance agreements and cancellation.
(a) Persons engaged in growing, handling, or moving regulated
articles interstate may enter into a compliance agreement \1\ 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.
---------------------------------------------------------------------------
\1\ 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
[[Page 40]]
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 87 FR 80006, Dec. 29, 2022]
Sec. 301.51-7 Assembly and inspection of regulated articles.
(a) Persons requiring certification or other services must request
the services from an inspector \1\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\1\ 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.
[62 FR 10416, Mar. 7, 1997, as amended at 87 FR 80006, Dec. 29, 2022]
Sec. 301.51-8 Attachment and disposition of certificates and limited
permits.
(a) A regulated article must be plainly marked with the name and
address of the consignor and the name and address of the consignee and
must have the certificate or limited permit issued for the interstate
movement of a regulated article securely attached at all times during
interstate movement to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill; Provided, that
the description of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing interstate movement of a regulated article to the consignee
at the destination of the shipment.
Sec. 301.51-9 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services. The user will
be responsible for all costs and charges arising from inspection and
other services provided outside of normal business hours.
Subpart I_Pink Bollworm
Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.)): Florida.
(b) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spreading pink
bollworm. A list of all such regulated articles is found on the internet
at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ cotton-pests/ cotton-pests. Lists
of all regulated articles may also be obtained by request from any local
PPQ office; local offices are listed in telephone directories and on the
internet at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ ppq-program-
overview/sphd.
(c) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/cotton-pests/ cotton-pests
presents a risk of spreading pink bollworm, APHIS will publish a notice
in the Federal Register proposing to designate the article as a
regulated article for pink bollworm. The notice will provide the basis
for this determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Deputy Administrator's determination, APHIS will publish
a second notice in the Federal Register designating the article as a
regulated article for pink bollworm and listing it.
(d) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of
[[Page 41]]
conveyance as a regulated article for pink bollworm, if the inspector
determines that it presents a risk of spreading pink bollworm, and after
the inspector provides actual notification to the person in possession
of the product, article, or means of conveyance that it is subject to
the restrictions of this subpart.
[87 FR 80006, Dec. 29, 2022]
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 in accordance with Sec. 301.52-2.
Regulated articles. Any article identified as a regulated article
under Sec. 301.52 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.52(c), or otherwise designated in accordance
with Sec. 301.52(d).
Restricted destination permit. A document issued or authorized to be
issued by an inspector to allow the interstate movement of regulated
articles not certified under all applicable Federal domestic plant
quarantines to a specified destination for other than scientific
purposes.
Scientific permit. A document issued by the Deputy Administrator to
allow the interstate movement to a specified destination of regulated
articles for scientific purposes.
Suppressive area. That part of a regulated area where eradication of
infestation is undertaken as an objective, as
[[Page 42]]
designated by the Deputy Administrator in accordance with Sec. 301.52-
2.
[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; 87 FR
80007, Dec. 29, 2022]
Sec. 301.52-2 Authorization for the Deputy Administrator to list
regulated areas and suppressive or generally infested areas.
(a) The Deputy Administrator will list as a regulated area each
State or portion of a State in which evidence of a reproducing
population of pink bollworm is present, 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 may divide any regulated area into
a suppressive area and a generally infested area in accordance with the
definitions of these terms in Sec. 301.52-1. The Deputy Administrator
will publish a list of all regulated areas, including the suppressive
and generally infested areas therein, at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/cotton-pests/ cotton-pests. The list will include the date that
the list was last updated. Lists of all regulated areas, including the
suppressive and generally infested areas therein, may also be obtained
by request from any local office of PPQ; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ ppq-program-overview/sphd. After a change is made
to the list of regulated areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the regulated areas. Less than an entire State
will be designated as a regulated area only if the Deputy 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 regulated area
will be adequate to prevent the artificial interstate spread of pink
bollworm.
(b) [Reserved]
[87 FR 80007, Dec. 29, 2022]
Sec. 301.52-2a [Reserved]
Sec. 301.52-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
Any regulated articles may be moved interstate from any quarantined
State under the following conditions: \1\
\1\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
(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 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
[[Page 43]]
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; 87 FR 80007, Dec. 29, 2022]
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 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.
[[Page 44]]
(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 J--Emerald Ash Borer [Reserved]
Subpart K_South American Cactus Moth
Source: 74 FR 27073, June 8, 2009, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
[[Page 45]]
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.
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
accordance with Sec. 301.55-3(a) or otherwise designated as a
quarantined area in accordance with Sec. 301.55-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.55-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.55-2(b), or otherwise designated 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.
[74 FR 27073, June 8, 2009, as amended at 87 FR 80007, Dec. 29, 2022]
Sec. 301.55-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading the South American
cactus moth. A list of all such regulated articles is found on the
internet at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/sa_insects/ south-american-
cactus-moth. Lists of all regulated articles may also be obtained by
request from any local office of PPQ; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ ppq-program-overview/sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/sa_insects/ south-american-cactus-
moth presents a risk of spreading South American cactus moth, APHIS will
publish a notice in the Federal Register proposing to designate the
article as a regulated article for South American cactus moth. The
notice will provide the basis for this determination, and will request
public comment.
[[Page 46]]
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for South American cactus moth and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance not listed
at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/sa_insects/ south-american-cactus-
moth as a regulated article if the inspector determines it 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.
[87 FR 80007, Dec. 29, 2022]
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 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. The Administrator will
publish a list of all quarantined areas (the quarantine list) on the
Plant Protection and Quarantine (PPQ) website at www.aphis.usda.gov/
aphis/ ourfocus/planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/sa_insects/ south-american-cactus-moth. The list will include
the date that the list was last updated. Lists of all quarantined areas
may also be obtained by request from any local PPQ office; local offices
are listed in telephone directories and on the internet at
www.aphis.usda.gov/aphis/ ourfocus/planthealth/ ppq-program-overview/
sphd. After a change is made to the list of quarantined areas, APHIS
will publish a notice in the Federal Register informing the public that
the change has occurred and describing the change to the quarantined
areas. 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 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 subpart 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
quarantine list 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.
[87 FR 80007, Dec. 29, 2022]
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 \1\ only if moved under the following conditions:
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
---------------------------------------------------------------------------
[[Page 47]]
(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.
[74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022]
Sec. 301.55-5 Issuance and cancellation of certificates and limited
permits.
(a) An inspector \1\ may issue a certificate for the interstate
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\1\ 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
[[Page 48]]
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)
[74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022]
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. \1\
---------------------------------------------------------------------------
\1\ 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)
[74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022]
[[Page 49]]
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
\1\ 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.
---------------------------------------------------------------------------
\1\ See footnote 1 in Sec. 301.55-5.
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
[74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022]
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 L_Plum Pox
Source: 65 FR 35264, June 2, 2000, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
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.
[[Page 50]]
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
accordance with Sec. 301.74-3(a) or otherwise designated as a
quarantined area in accordance with Sec. 301.74-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.74-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.74-2(a)(1) and (2), or otherwise designated 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.
[74 FR 27073, June 8, 2009, as amended at 87 FR 80008, Dec. 29, 2022]
Sec. 301.74-2 Regulated articles.
(a) The Administrator has determined that certain articles present a
risk of spreading plum pox. A list of all such articles is found on the
internet at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/plum-pox/ plumpox. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ ppq-program-overview/sphd.
(1) If the Administrator determines that an article not already
listed at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/plum-pox/ plumpox presents a
risk of spreading plum pox, APHIS will publish a notice in the Federal
Register proposing to designate the article as a regulated article for
plum pox. The notice will provide the basis for this determination, and
will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for plum pox and listing it.
(b) An inspector may designate any other product or article as a
regulated article, if the inspector determines it to present a risk of
spreading plum pox, and after the inspector notifies the person in
possession of the product or article that it is subject to the
restrictions in this subpart.
[87 FR 80008, Dec. 29, 2022]
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 each State, or each
portion of a State, in which plum pox has been detected through
inspection and laboratory testing, or in which the Administrator has
reason to believe that plum pox is present, or that the Administrator
considers necessary to quarantine because of its inseparability for
quarantine enforcement purposes from localities in which plum pox has
been detected. The Administrator will publish a list of all quarantined
areas (the quarantine list) on the PPQ website at www.aphis.usda.gov/
aphis/ ourfocus/planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/plum-pox/ plumpox. The list will include the date that the list
was last updated. Lists of all quarantined areas may also be obtained by
request from any local PPQ office; local offices are listed in telephone
directories and on the internet at www.aphis.usda.gov/aphis/ ourfocus/
planthealth/ ppq-program-overview/sphd.
[[Page 51]]
After a change is made to the list of quarantined areas, APHIS will
publish a notice in the Federal Register informing the public that the
change has occurred and describing the change to the quarantined areas.
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 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 subpart 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
quarantine list 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.
[87 FR 80008, Dec. 29, 2022]
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 \1\ is prohibited except when:
---------------------------------------------------------------------------
\1\ 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.
[74 FR 27073, June 8, 2009, as amended at 87 FR 80009, Dec. 29, 2022]
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
[[Page 52]]
produced in orchards subsequently destroyed because of plum pox under
the following conditions:
(A) The fruit must have been sold exclusively at farmers markets or
similar outlets that require orchard owners to sell only fruit that they
produce;
(B) The fruit must not have been marketed wholesale or at reduced
prices in bulk to supermarkets or other retail outlets;
(C) The fruit must have been marketed directly to consumers; and
(D) Orchard owners must have records documenting that they have met
the requirements of this section, and must submit those records to APHIS
as part of their application submitted in accordance with paragraph (c)
of this section.
(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
[[Page 53]]
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
----------------------------------------------------------------------------------------------------------------
(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:
[[Page 54]]
(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
(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 M_Citrus Canker
Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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
[[Page 55]]
Tree Pilot Crop Insurance Program authorized by the Federal Crop
Insurance Corporation.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service or any individual authorized to act for the
Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of
Agriculture.
Budded citrus nursery stock. Liners or rootstock citrus plants that
have been grafted with a portion of a stem or branch with a vegetative
bud (also known as budwood) that are maintained 1 month after grafting
or until the plant reaches marketability.
Budded container/greenhouse grown citrus plants. Individual, budded
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
Budded field grown citrus plants. Individual, budded citrus nursery
stock maintained in the fields until it is sold for commercial use.
Certificate. An official 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 citri. subsp. 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.
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.
[[Page 56]]
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.
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.
Regulated article. Any article identified as a regulated article
under Sec. 301.75-3 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.75-3(b), or otherwise designated in accordance
with Sec. 301.75-3(c).
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; 87 FR 80009, Dec.
29, 2022; 88 FR 85470, Dec. 8, 2023]
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]
[[Page 57]]
Sec. 301.75-3 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spread of citrus canker. A list
of all such regulated articles is found on the internet at
www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/citrus/ citrus-canker. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ ppq-program-overview/sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at www.aphis.usda.gov/aphis/ ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/citrus/ citrus-canker presents a
risk of spread of citrus canker, APHIS will publish a notice in the
Federal Register proposing to designate the article as a regulated
article for citrus canker. The notice will provide the basis for this
determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for citrus canker and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article, if the inspector determines 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.
[87 FR 80009, Dec. 29, 2022]
Sec. 301.75-4 Quarantined areas.
(a) Quarantined areas. The Administrator will list as a quarantined
area each State or portion of a State in which an infestation of citrus
canker is found. The Administrator will publish a list of all
quarantined areas (the quarantine list) on the PPQ website at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/citrus/ citrus-canker. The list will
include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directories and on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-
overview/sphd. After a change is made to the list of quarantined areas,
APHIS will publish a notice in the Federal Register informing the public
that the change has occurred and describing the change to the
quarantined areas. Less than an entire State will be designated as a
quarantined area only if the Administrator determines that:
(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
[[Page 58]]
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;
(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.
[[Page 59]]
(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.
(b) Designation change. The Administrator may designate any non-
quarantined area as a quarantined area in accordance with paragraph (a)
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 quarantine list, 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) Removal of areas from quarantine. An area on the quarantine list
will be removed from quarantine if the area has been without infestation
for 2 years. The list will be changed, and the public informed of this
change, in accordance with the process specified in paragraph (a) of
this section.
[87 FR 80009, Dec. 29, 2022]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The areas as shown in the following table are designated as
commercial citrus-producing areas:
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Commercial citrus-producing areas
-------------------------------------------------------------------------
Alabama.
American Samoa.
Arizona.
California.
Florida.
Guam.
Hawaii.
Louisiana.
Northern Mariana Islands.
Puerto Rico.
Texas.
Virgin Islands of the United States.
------------------------------------------------------------------------
(b) The list in paragraph (a) of this section is intended to include
jurisdictions which have commercial citrus-producing areas. Less than an
entire State may be designated as a commercial citrus-producing area
only if the Administrator determines that the area not included as a
commercial citrus-producing area does not contain commercial citrus
plantings; that the State has adopted and is enforcing a prohibition on
the intrastate movement from areas not designated as commercial citrus-
producing areas to commercial citrus-producing areas of fruit which are
designated as regulated articles and which were moved interstate from a
quarantined State pursuant to a limited permit; and that the designation
of less than the entire State as a commercial citrus-producing area will
otherwise be adequate to prevent the interstate spread of citrus canker.
[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986, as amended at 53
FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55
FR 37450, Sept. 11, 1990; 88 FR 85470, Dec. 8, 2023]
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
[[Page 60]]
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 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
[[Page 61]]
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
0579-0363)
[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; 88 FR 85470, Dec. 8
2023]
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
0579-0363)
[74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010; 88
FR 85470, Dec. 8, 2023]
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.
[55 FR 37452, Sept. 11, 1990, as amended at 75 FR 4240, Jan. 26, 2010;
87 FR 80010, Dec. 29, 2022]
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
[[Page 62]]
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, 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, as amended at 87 FR 80010, Dec. 29, 2022]
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 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.
(Approved by the Office of Management and Budget under control number
0579-0363)
[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; 88 FR 85470, Dec.
8, 2023]
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
[[Page 63]]
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.
(Approved by the Office of Management and Budget under control number
0579-0363)
[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994;
76 FR 23457, Apr. 27, 2011; 88 FR 85470, Dec. 8, 2023]
Sec. 301.75-14 Costs and charges.
The services of the inspector shall be furnished without cost. The
United States Department of Agriculture will not be responsible for any
costs or charges incident to inspections or compliance with the
provisions in this subpart, other than for the services of the
inspector.
[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11,
1990]
Sec. 301.75-15 Funds for the replacement of commercial citrus trees.
Subject to the availability of appropriated funds, the owner of a
commercial citrus grove may be eligible to receive funds to replace
commercial citrus trees in accordance with the provisions of this
section.
(a) Eligibility. The owner of a commercial citrus grove may be
eligible to receive funds to replace commercial citrus trees removed to
control citrus canker if the trees were removed pursuant to a public
order between 1986 and 1990 or on or after September 28, 1995.
(b) Tree replacement payments. The owner of a commercial citrus
grove who is eligible under paragraph (a) of this section to receive
funds to replace commercial citrus trees will, upon approval of an
application submitted in accordance with paragraph (c) of this section,
receive a payment of $26 per tree up to the following per-acre maximum
payments:
------------------------------------------------------------------------
Maximum
Variety payment
per acre
------------------------------------------------------------------------
Grapefruit, red seedless.................................... $2,704
Orange, Valencia............................................ 3,198
Orange, early/midseason/navel............................... 3,068
Tangelo..................................................... 2,964
Lime........................................................ 4,004
Other or mixed citrus....................................... 2,704
------------------------------------------------------------------------
(c) How to apply for tree replacement funds. The form necessary to
apply for funds to replace commercial citrus trees may be obtained from
any local citrus canker eradication program office in Florida, or from
the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard,
Plantation, FL 33313. The completed application should be accompanied by
a copy of the public order directing the destruction of the trees and
its accompanying inventory that describes the number and the variety of
trees removed. Your completed application must be sent to the USDA
Citrus Canker Eradication Program, Attn: Commercial Tree Replacement
Program, c/o Division of Plant Industry, 3027 Lake Alfred Road,
[[Page 64]]
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 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
[[Page 65]]
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 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 N_Citrus Greening and Asian Citrus Psyllid
Source: 75 FR 34332, June 17, 2010, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
[[Page 66]]
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 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 identified as a regulated article
under Sec. 301.76-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.76-2(b), or otherwise designated 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; 87
FR 80010, Dec. 29, 2022]
Sec. 301.76-2 Regulated articles for Asian citrus psyllid and citrus
greening.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading Asian citrus psyllid
and/or citrus greening. A list of all such regulated articles is located
at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ citrus/acp and www.aphis.usda.gov/
aphis/ourfocus/planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/citrus/ citrus-
[[Page 67]]
greening, respectively. The list indicates whether the article is a
regulated article for both citrus greening and Asian citrus psyllid, or
just one of these two pests. Lists of all regulated articles may also be
obtained by request from any local Plant Protection and Quarantine
office; local offices are listed in telephone directories and on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-
overview/sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/citrus/ acpand/ or
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/citrus/ citrus- greeningpresents
ariskofspreadingAsian citruspsyllidand/ or citrus greening, APHIS will
publish a notice in the Federal Register proposing to designate the
article as a regulated article for either or both of these pests. The
notice will provide the basis for this determination, and will request
public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article for Asian citrus psyllid and/or citrus greening, if
the 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) Exemption after certain methods of processing. The Administrator
may determine that certain methods of processing render regulated
articles such that they no longer present a risk of spreading Asian
citrus psyllid or citrus greening. Such methods are found at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/citrus. Articles processed in such a manner
are exempt from the regulations in this subpart.
[87 FR 80010, Dec. 29, 2022]
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 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
[[Page 68]]
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) \1\ to prevent the spread of Asian
citrus psyllid; and
---------------------------------------------------------------------------
\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 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.
(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
[[Page 69]]
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 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)
[75 FR 34332, June 17, 2010, as amended at 87 FR 80011, Dec. 29, 2022]
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 \1\ in accordance
with 7 CFR part 305 of this chapter.
---------------------------------------------------------------------------
\1\ 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 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
[[Page 70]]
or she enters into the compliance agreement. \2\ 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.
---------------------------------------------------------------------------
\2\ 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 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,
[[Page 71]]
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 (iv) 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. \3\ 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:
---------------------------------------------------------------------------
\3\ 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
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 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; 87 FR 80011, Dec.
29, 2022]
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 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
[[Page 72]]
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.
---------------------------------------------------------------------------
\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 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 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; 87 FR 80011, Dec. 29, 2022]
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 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. \1\
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
[[Page 73]]
(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; 87 FR 80011, Dec. 29, 2022]
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 \1\ 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.
---------------------------------------------------------------------------
\1\ 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; 87 FR 80011, Dec. 29, 2022]
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 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
[[Page 74]]
this subpart, other than for the services of the inspector.
Subpart O_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 regulated
articles, issues regulations in this subpart governing the movement of
such articles, and gives notice of this quarantine action.
(b) Quarantine restrictions on the interstate movement of regulated
articles. No common carrier or other person shall move interstate from
any quarantined State any regulated articles, except in accordance with
the conditions prescribed in this subpart.
(c) List of regulated articles. The Deputy Administrator has
determined that certain articles present a hazard of spread of
witchweed. A list of all such regulated articles is found on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/SA_Weeds/
SA_Noxious_Weeds_Program. Lists of all regulated articles may also be
obtained by request from any local Plant Protection and Quarantine (PPQ)
office; local offices are listed in telephone directories and on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-
overview/sphd.
(d) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/SA_Weeds/
SA_Noxious_Weeds_Program presents a hazard of spread of witchweed, APHIS
will publish a notice in the Federal Register proposing to designate the
article as a regulated article for witchweed. The notice will provide
the basis for this determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Deputy Administrator's determination, APHIS will publish
a second notice in the Federal Register designating the article as a
regulated article for witchweed and listing it.
(e) Immediate designation of regulated articles. An inspector may
designate any other article, product, or means of conveyance as a
regulated article, if the inspector determines that it presents a hazard
of spread of witchweed, and after the person in possession of the
article has been so notified.
[87 FR 80011, Dec. 29, 2022]
Sec. 301.80-1 Definitions.
Terms used in the singular form in this subpart shall be deemed to
import the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Certificate. A document issued or authorized to be issued under this
subpart by an inspector to allow the interstate movement of regulated
articles to any destination.
Compliance agreement. A written agreement between a person engaged
in growing, handling, or moving regulated articles, and the Plant
Protection and Quarantine Programs, wherein the former agrees to comply
with the requirements of this subpart identified in the agreement by the
inspector who executes the agreement on behalf of the Plant Protection
and Quarantine Programs as applicable to the operations of such person.
Deputy Administrator. The Deputy Administrator of the Plant
Protection and Quarantine Programs, Animal and Plant Health Inspection
Service, U.S. Department of Agriculture, or any
[[Page 75]]
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 accordance with Sec. 301.80-2.
Regulated articles. Any article identified as a regulated article
under Sec. 301.80 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.80(d), or otherwise designated in accordance
with Sec. 301.80(e).
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.
Treatment Manual. The provisions currently contained in the ``Manual
of Administratively Authorized Procedures to be Used Under the Witchweed
Quarantine'' and the ``Fumigation Procedures Manual'' and any amendments
thereto. \1\
---------------------------------------------------------------------------
\1\ Pamphlets containing such provisions are available upon request
to the Deputy Administrator, Plant Protection and Quarantine Programs,
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------
Witchweed. Parasitic plants of the genus Striga and reproductive
parts thereof, including seeds.
[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001; 87
FR 80011, Dec. 29, 2022]
[[Page 76]]
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) List of regulated areas and suppressive or generally infested
areas. The Deputy Administrator will list as a regulated area each
quarantined State, or portion of a State, 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 may divide any
regulated area into a suppressive area and generally infested area in
accordance with definitions of these terms in Sec. 301.80-1. The Deputy
Administrator will publish a list of all regulated areas (the regulated
areas list) on the PPQ website at www.aphis.usda.gov/ aphis/ourfocus/
planthealth/ plant-pest-and-disease-programs/ pests-and-diseases/
SA_Weeds/ SA_Noxious _Weeds _Program. The list will include the date
that the list was last updated. Lists of all regulated areas may also be
obtained by request from any local PPQ office; local offices are listed
in telephone directories and on the internet at www.aphis.usda.gov/
aphis/ourfocus/planthealth/ ppq-program-overview/sphd. After a change is
made to the list of regulated areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the regulated areas. 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 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 regulated areas list.
(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 within a regulated area, when the Deputy Administrator determines
that such designation is no longer required under the criteria specified
in paragraph (a) of this section. Notification of this change in the
list of regulated areas, or suppressive or generally infested areas
within a regulated area, will be made in accordance with the process set
forth 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 the Deputy Administrator
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 determine that a regulated
article has been produced, processed, cleaned, or otherwise handled in a
manner that is sufficient to allow the article to move interstate
without hazard of spread of witchweed,
[[Page 77]]
provided that the article is not exposed to infestation after
production, processing, cleaning, or other handling. The Deputy
Administrator may also determine that a regulated article's intended use
is such that it may be moved interstate without hazard of spread of
witchweed. Such articles are exempt from the restrictions of this
subpart. The list of regulated articles at www.aphis.usda.gov/ aphis/
ourfocus/planthealth/ plant-pest-and-disease-programs/ pests-and-
diseases/ SA_Weeds/ SA_Noxious _Weeds_Program is annotated to indicate
the exemptions under this subpart.
[87 FR 80012, Dec. 29, 2022]
Sec. 301.80-2a [Reserved]
Sec. 301.80-2b [Reserved]
Sec. 301.80-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
(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\
(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. 301.80-2
which exempt certain articles from certificate and permit requirements;
or
(ii) From a generally infested area to a contiguous generally
infested area; or
(iii) From a suppressive area to a contiguous generally infested
area; or
(iv) Between contiguous suppressive areas unless the person in
possession of the articles has been notified by an inspector that a
hazard of spread of the witchweed exists; or
(v) Through or reshipped from any regulated area if the articles
originated outside of any regulated area and if the point of origin of
the articles is clearly indicated, their identity has been maintained,
and they have been safeguarded against infestation while in the
regulated area in a manner satisfactory to the inspector; or
(3) From any area outside the regulated areas, if moved:
(i) With a certificate or permit attached; or
(ii) Without a certificate or permit, if:
(A) The regulated articles are exempt from certification and permit
requirements under the provisions of Sec. 301.80-2; 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 \2\ by the Deputy Administrator. 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
[[Page 78]]
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.
---------------------------------------------------------------------------
\2\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be found at
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/
CT_SPHD.
[41 FR 27373, July 2, 1976, as amended at 87 FR 80012, Dec. 29, 2022]
Sec. 301.80-4 Issuance and cancellation of certificates and permits.
(a) Certificates may be issued for any regulated articles (except
soil samples for processing, testing, or analysis) by an inspector if he
determines that they are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles and:
(1) Have originated in noninfested premises in a regulated area and
have not been exposed to infestation while within the regulated areas;
or
(2) Have been treated to destroy infestation in accordance with the
treatment manual; or
(3) Have been grown, produced, manufactured, stored, or handled in
such a manner that no infestation would be transmitted thereby.
(b) Limited permits may be issued by an inspector to allow
interstate movement of regulated articles (except soil samples for
processing, testing, or analysis) not eligible for certification under
this subpart, to specified destinations for limited handling,
utilization, or processing, or for treatment in accordance with the
treatment manual, when upon evaluation of the circumstances involved in
each specific case he determines that such movement will not result in
the spread of witchweed and requirements of other applicable Federal
domestic plant quarantines have been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement (for other than scientific purposes) of
regulated articles (except soil samples for processing, testing, or
analysis) to any destination permitted under all applicable Federal
domestic plant quarantines if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits to allow the interstate movement of regulated
articles, and certificates or permits to allow the movement of soil
samples for processing, testing, or analysis in emergency situations,
may be issued by the Deputy Administrator under such conditions as may
be prescribed in each specific case by the Deputy Administrator to
prevent the spread of witchweed.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use by the latter
for subsequent shipments of regulated articles (except soil samples for
processing, testing, or analysis) provided such person is operating
under a compliance agreement; and any such person may be authorized by
an inspector to reproduce such forms on shipping containers or
otherwise. Any such person may execute and issue the certificate forms,
or reproductions of such forms, for the interstate movement of regulated
articles from the premises of such person identified in the compliance
agreement if such person has treated such regulated articles to destroy
infestation in accordance with the treatment manual, and if such
regulated articles are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles. Any such person may execute and issue the limited permit
forms, or reproductions of such forms, for interstate movement of
regulated articles to specified destinations when the inspector has made
the determinations specified in paragraph (b) of this section. Any such
person may execute and issue the restricted destination permit forms, or
reproductions of such forms, for the interstate movement of regulated
articles not eligible for certification under all Federal domestic plant
quarantines applicable to such articles, under the conditions specified
in paragraph (c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he
determines that the holder thereof has not complied with any condition
for the use of such document imposed by this subpart. As soon as
possible after such
[[Page 79]]
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.
(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
[[Page 80]]
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 P_Imported Fire Ant
Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
Quarantine and Regulations
Sec. 301.81 Restrictions on interstate movement of regulated articles.
No person may move interstate from any quarantined area any
regulated article except in accordance with this subpart.
Sec. 301.81-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
Certificate. A document in which an inspector or a person operating
under a compliance agreement affirms that a specified regulated article
meets the requirements of this subpart and may be moved interstate to
any destination.
Compliance agreement. A written agreement between APHIS and a person
engaged in growing, handling, or moving regulated articles that are
moved interstate, in which the person agrees to comply with the
provisions of this subpart and any conditions imposed under this
subpart.
Imported fire ant. Living imported fire ants of the species
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of
these species.
Infestation (infested). The presence of an imported fire ant queen
or a reproducing colony of imported fire ants, except that on grass sod
and plants with roots and soil attached, an infestation is the presence
of any life form of the imported fire ant.
Inspector. An APHIS employee or other person authorized by the
Administrator to enforce the provisions of this subpart.
Interstate. From any State into or through any other State.
Limited permit. A document in which an inspector affirms that a
specified regulated article not eligible for a certificate is eligible
for interstate movement only to a specified destination and in
accordance with conditions specified on the permit.
Movement (moved). The act of shipping, transporting, delivering, or
receiving for movement, or otherwise aiding, abetting, inducing or
causing to be moved.
Noncompacted soil. Soil that can be removed from an article by brisk
brushing or washing with water under normal city water pressure (at
least 4 gallons per minute at 40 to 50 pounds per square inch through a
\1/2\-inch orifice).
Person. Any association, company, corporation, firm, individual,
joint stock company, partnership, society, or any other legal entity.
Reproducing colony. A combination of one or more imported fire ant
workers and one or more of the following immature imported fire ant
forms: Eggs, larvae, or pupae.
Soil. Any non-liquid combination of organic and/or inorganic
material in which plants can grow.
Soil-moving equipment. Equipment used for moving or transporting
soil, including, but not limited to, bulldozers, dump trucks, or road
scrapers.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.81-2 Regulated articles.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spread of the imported fire ant.
A list of all such articles is found on the internet at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ imported-fire-ants/ ct_imported
_fire_ants. Lists of all regulated articles may also be obtained by
request from any local Plant Protection and Quarantine (PPQ) office;
local offices are listed in telephone directories and on the internet at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-overview/
sphd.
[[Page 81]]
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ imported-fire-ants/ ct_imported
_fire_ants presents a risk of spread of the imported fire ant, APHIS
will publish a notice in the Federal Register proposing to designate the
article as a regulated article for imported fire ant. The notice will
provide the basis for this determination, and will request public
comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for the imported fire ant and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other article or means of conveyance as a regulated
article if the 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 after the inspector provides notification to the
person in possession of the article or means of conveyance that it is
now regulated under this subpart.
[87 FR 80012, Dec. 29, 2022]
Sec. 301.81-3 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Administrator will list as a quarantined area each State or portion
of a State determined to be infested with the imported fire ant. The
Administrator will also list as a quarantined area an area that is
uninfested but determined to be in proximity to an infestation or that
is determined to be inseparable from an infested locality for quarantine
purposes; such a determination will be based on projections of spread of
imported fire ant around the periphery of the infestation, as determined
by previous years' surveys; availability of natural habitats and host
materials, within the uninfested acreage, suitable for establishment and
survival of imported fire ant populations; and the necessity of
including uninfested acreage within the quarantined area in order to
establish readily identifiable boundaries. The Administrator will
publish a list of all quarantined areas (the quarantine list) on the PPQ
website at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ imported-fire-ants/
ct_imported _fire_ants. The list will include the date that the list was
last updated. Lists of all quarantined areas may also be obtained by
request from any local PPQ office; local offices are listed in telephone
directories and on the internet at www.aphis.usda.gov/ aphis/ourfocus/
planthealth/ ppq-program-overview/sphd. After a change is made to the
list of quarantined areas, APHIS will publish a notice in the Federal
Register informing the public that the change has occurred and
describing the change to the quarantined areas. 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 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.
(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
quarantine list, 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
[[Page 82]]
notice of the termination as soon as practicable.
[87 FR 80012, Dec. 29, 2022]
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;
(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 \1\ to process, test, or analyze soil samples.
---------------------------------------------------------------------------
\1\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be found at
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/
CT_SPHD.
---------------------------------------------------------------------------
(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; 87 FR 80013, Dec. 29, 2022]
Sec. 301.81-5 Issuance of a certificate or limited permit.
(a) An inspector \1\ 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:
---------------------------------------------------------------------------
\1\ 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; \2\
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)(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.
[[Page 83]]
(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) 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; 87 FR 80013, Dec. 29, 2022]
Sec. 301.81-6 Compliance agreements.--
Persons who grow, handle, or move regulated articles interstate may
enter into a compliance agreement \1\ 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
APHIS must agree to comply with the provisions of this subpart and any
conditions imposed under this subpart.
---------------------------------------------------------------------------
\1\ 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; 87 FR 80013, Dec. 29, 2022]
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
[[Page 84]]
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 \1\ at least 48 hours before the services
are needed.
---------------------------------------------------------------------------
\1\ See footnote 1 of 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; 87
FR 80013, Dec. 29, 2022]
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 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
[[Page 85]]
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 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 Q--Unshu Oranges [Reserved]
Subpart R_Golden Nematode
Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
[[Page 86]]
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 regulated articles, issues
regulations in this subpart governing the movement of such articles, and
gives notice of this quarantine action.
(b) Quarantine restrictions on the interstate movement of regulated
articles. No common carrier or other person shall move interstate from
any quarantined State any regulated articles, except in accordance with
the conditions prescribed in this subpart.
(c) List of regulated articles. The Deputy Administrator has
determined that certain articles present a hazard of spread of golden
nematodes. A list of all such regulated articles is found on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ golden-nematode/ nematodes.
Lists of all regulated articles may also be obtained by request from any
local PPQ office; local offices are listed in telephone directories and
on the internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-
program-overview/sphd.
(d) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ golden-nematode/ nematodes
presents a hazard of spread of golden nematodes, APHIS will publish a
notice in the Federal Register proposing to designate the article as a
regulated article for golden nematode. The notice will provide the basis
for this determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Deputy Administrator's determination, APHIS will publish
a second notice in the Federal Register designating the article as a
regulated article for golden nematode and listing it.
(e) Immediate designation of regulated articles. An inspector may
designate any other article, product, or means of conveyance as a
regulated article, if the inspector determines that it presents a hazard
of spread of golden nematodes, and after the person in possession of the
article has been so notified.
[87 FR 80013, Dec. 29, 2022]
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.
[[Page 87]]
Generally infested area. Any part of a regulated area not designated
as a suppressive area.
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 accordance with Sec. 301.85-2.
Regulated article. Any article identified as a regulated article
under Sec. 301.85 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.85(d), or otherwise designated in accordance
with Sec. 301.85(e).
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.
[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; 87 FR 80014, Dec. 29, 2022]
Sec. 301.85-2 Authorization for the Deputy Administrator to list
regulated areas and suppressive or generally infested areas.
(a) Criteria for designation and process for listing. The Deputy
Administrator will list as a regulated area each State or portion of a
State in which golden nematode has been determined to be 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 may divide any
regulated area into a suppressive area and a generally
[[Page 88]]
infested area in accordance with the definitions of these terms in Sec.
301.85-1. The Deputy Administrator will publish a list of all regulated
areas, including the suppressive and generally infested areas therein,
at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-
disease-programs/ pests-and-diseases/ golden-nematode/ nematodes. The
list will include the date that the list was last updated. Lists of all
regulated areas, including the suppressive and generally infested areas
therein, may also be obtained by request from any local Plant Protection
and Quarantine office; local offices are listed in telephone directories
and on the internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/
ppq-program-overview/ sphd. After a change is made to the list of
regulated areas, APHIS will publish a notice in the Federal Register
informing the public that the change has occurred and describing the
change to the regulated areas. Less than an entire State will be
designated as a regulated area only if the Deputy 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 regulated area
will be adequate to prevent the interstate spread of golden nematodes.
(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 of regulated areas 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 or she 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 determine that a regulated
article has been produced, processed, cleaned, or otherwise handled in a
manner that is sufficient to allow the article to move interstate
without hazard of spread of golden nematodes, provided that the article
is not exposed to infestation after production, processing, cleaning, or
other handling. The Deputy Administrator may also determine that a
regulated article's intended use is such that it may be moved interstate
without hazard of spread of golden nematodes. Such articles are exempt
from the restrictions of this subpart. The list of regulated articles at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ golden-nematode/ nematodes is annotated to
indicate the exemptions under this subpart.
[87 FR 80014, Dec. 29, 2022]
Sec. 301.85-2a [Reserved]
Sec. 301.85-2b [Reserved]
Sec. 301.85-3 Conditions governing the interstate movement of regulated
articles from quarantined States.
(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\
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
[[Page 89]]
(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. 301.85-2(d) 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. 301.85-2(d); 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 \2\ by the Deputy Administrator. 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.
---------------------------------------------------------------------------
\2\ Provisions for laboratory approval may be obtained from your
State's State Plant Health Director. Contact information can be found at
www.aphis.usda.gov/aphis/ourfocus/planthealth/ppq-program-overview/
CT_SPHD.
[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002; 87
FR 80014, Dec. 29, 2022]
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.
[[Page 90]]
(b) Limited permits may be issued by an inspector to allow
interstate movement of regulated articles (except soil samples for
processing, testing or analysis) not eligible for certification under
this subpart, to specified destinations for limited handling,
utilization, or processing, or for treatment in accordance with part 305
of this chapter, when, upon evaluation of the circumstances involved in
each specific case he determines that such movement will not result in
the spread of the golden nematode and requirements of other applicable
Federal domestic plant quarantines have been met.
(c) Restricted destination permits may be issued by an inspector to
allow the interstate movement (for other than scientific purposes) of
regulated articles (except soil samples for processing, testing, or
analysis) to any destination permitted under all applicable Federal
domestic plant quarantines if such articles are not eligible for
certification under all such quarantines but would otherwise qualify for
certification under this subpart.
(d) Scientific permits to allow the interstate movement of regulated
articles and certificates or permits to allow the movement of soil
samples for processing, testing, or analysis in emergency situations may
be issued by the Deputy Administrator under such conditions as may be
prescribed in each specific case by the Deputy Administrator to prevent
the spread of the golden nematode.
(e) Certificate, limited permit, and restricted destination permit
forms may be issued by an inspector to any person for use for subsequent
shipments of regulated articles (except for soil samples for processing,
testing, or analysis) provided such person is operating under a
compliance agreement; and any such person may be authorized by an
inspector to reproduce such forms on shipping containers or otherwise.
Any such person may execute and issue the certificate forms, or
reproductions of such forms, for the interstate movement of regulated
articles from the premises of such person identified in the compliance
agreement if such person has treated such regulated articles to destroy
infestation in accordance with part 305 of this chapter, and if such
regulated articles are eligible for certification for movement to any
destination under all Federal domestic plant quarantines applicable to
such articles. Any such person may execute and issue the limited permit
forms, or reproductions of such forms, for interstate movement of
regulated articles to specified destinations when the inspector has made
the determinations specified in paragraph (b) of this section. Any such
person may execute and issue the restricted destination permit forms, or
reproductions of such forms, for the interstate movement of regulated
articles not eligible for certification under all Federal domestic plant
quarantines applicable to such articles, under the conditions specified
in paragraph (c) of this section.
(f) Any certificate or permit which has been issued or authorized
may be withdrawn by the inspector or the Deputy Administrator if he or
she determines that the holder thereof has not complied with any
condition for the use of such document imposed by this subpart. Prior to
such withdrawal, the 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
[[Page 91]]
and regulations, will substantially remove the soil from the potatoes.
(c) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement whenever the inspector finds, after notice
and reasonable opportunity to present views has been accorded to the
other party thereto, that such other party has failed to comply with the
conditions of the agreement.
[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982;
70 FR 33268, June 7, 2005]
Sec. 301.85-6 Assembly and inspection of regulated articles.
Persons (other than those authorized to use certificates, limited
permits, or restricted destination permits, or reproductions thereof,
under Sec. 301.85-4(e)) who desire to move interstate regulated
articles which must be accompanied by a certificate or permit shall, as
far in advance as possible, request an inspector to examine the articles
prior to movement. Such articles shall be assembled at such points and
in such manner as the inspector designates to facilitate inspection.
Sec. 301.85-7 Attachment and disposition of certificates and permits.
(a) If a certificate or permit is required for the interstate
movement of regulated articles, the certificate or permit shall be
securely attached to the outside of the container in which such articles
are moved, except that, where the certificate or permit is attached to
the waybill or other shipping document, and the regulated articles are
adequately described on the certificate, permit, or shipping document,
the attachment of the certificate or permit to each container of the
articles is not required.
(b) In all cases, certificates or permits shall be furnished by the
carrier to the consignee at the destination of the shipment.
Sec. 301.85-8 Inspection and disposal of regulated articles and pests.
Any properly identified inspector is authorized to stop and inspect,
and to seize, destroy, or otherwise dispose of, or require disposal of
regulated articles and golden nematodes as provided in sections 414,
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754)
in accordance with instructions issued by the Deputy Administrator.
[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]
Sec. 301.85-9 Movement of live golden nematodes.
Regulations requiring a permit for and otherwise governing the
movement of live golden nematodes in interstate or foreign commerce are
contained in the Federal Plant Pest Regulations in part 330 of this
chapter. Applications for permits for the movement of the pest may be
made to the Deputy Administrator.
Sec. 301.85-10 Nonliability of the Department.
The U.S. Department of Agriculture disclaims liability for any costs
incident to inspections or compliance with the provisions of the
quarantine and regulations in this subpart, other than for the services
of the inspector.
Subpart S_Pale Cyst Nematode
Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
[[Page 92]]
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.
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. \1\
---------------------------------------------------------------------------
\1\ 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.
[[Page 93]]
(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;
87 FR 80015, Dec. 29, 2022]
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, https://
www.aphis.usda.gov/ planthealth/ pcn''. 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) Infested fields. A field will be designated as an
infested field for pale cyst nematode upon a determination that viable
pale cyst nematode is present in the field. The determination will be
made in accordance with the criteria established by the Administrator
for the designation of infested fields. The criteria are presented in a
protocol document that may be viewed at https://www.aphis.usda.gov/
planthealth/pcn. The protocol may also be obtained by request from any
local office of Plant Protection and Quarantine; local offices are
listed in telephone directories. Any substantive changes we propose to
make to the protocol will be published for comment in the Federal
Register. After we review the comments received, we will publish another
notice in the Federal Register informing the public of any changes to
the protocol.
(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 for pale cyst nematode
upon a determination that no viable pale cyst nematode is detected in
the field. The determination will be made in accordance with criteria
established by the Administrator and sufficient to support removal of
infested fields from quarantine. The criteria are presented in a
[[Page 94]]
protocol document as provided in paragraph (d)(4) of this section along
with information for viewing the protocol.
(2) Associated fields. An associated field will be removed from
quarantine for pale cyst nematode once surveys are completed and pale
cyst nematode is not detected in the field. The determination will be
made in accordance with criteria established by the Administrator and
sufficient to support removal of associated fields from quarantine. The
criteria are presented in a protocol document as provided in paragraph
(d)(4) of this section along with information for viewing the protocol.
(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.
(4) Protocol for removal of fields from quarantine. The
Administrator will remove infested and associated fields, and other
areas as provided in this section, from quarantine for pale cyst
nematode in accordance with the protocols published on the Plant
Protection and Quarantine website at https://www.aphis.usda.gov/
planthealth/pcn. The protocols may also be obtained by request from any
local office of Plant Protection and Quarantine; local offices are
listed in telephone directories. Any substantive changes we propose to
make to the protocolswill be published for comment in the Federal
Register. After we review the comments received, we will publish another
notice in the Federal Register informing the public of any changes to
the protocols.
[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009;
85 FR 85503, Dec. 29, 2020]
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 \1\ 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 95]]
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.
---------------------------------------------------------------------------
\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) 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) \2\ 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.
---------------------------------------------------------------------------
\2\ 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 96]]
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 \3\ may
issue a limited permit for the interstate movement of a regulated
article if the inspector determines that:
---------------------------------------------------------------------------
\3\ See footnote 1 of this section.
---------------------------------------------------------------------------
(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 97]]
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;
87 FR 80015, Dec. 29, 2022]
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. \1\
---------------------------------------------------------------------------
\1\ 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.
[72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022]
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 \1\ as far in advance of the desired interstate movement as
possible, but no less than 48 hours before the desired interstate
movement.
---------------------------------------------------------------------------
\1\ See footnote 1 in Sec. 301.86-5.
---------------------------------------------------------------------------
(b) The regulated article must be assembled at the place and in the
manner the inspector designates as necessary to comply with this
subpart.
[72 FR 51984, Sept. 12, 2007, as amended at 87 FR 80015, Dec. 29, 2022]
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)
[[Page 98]]
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 this subpart, other than for the services
of the inspector.
Subpart T_Sugarcane Diseases
Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
Quarantine and Regulations
Sec. 301.87 Quarantine; restrictions on interstate movement of
specified 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),1 2 the Secretary of Agriculture establishes
quarantines within the United States to prevent the artificial spread of
leaf scald disease and gummosis disease. The regulations in this subpart
govern the interstate movement from regulated areas of regulated
articles.
(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;
87 FR 80015, Dec. 29, 2022]
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).
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).
Moved (movement, move). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or caused or allowed to be moved by any
means. ``Movement'' and ``move'' shall be construed in accordance with
this definition.
[[Page 99]]
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 accordance with Sec. 301.87-3, or
otherwise designated as a regulated area in accordance with Sec.
301.87-3(b).
Regulated article. Any article identified as a regulated article
under Sec. 301.87-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.87-2(b), or otherwise designated in accordance
with Sec. 301.87-2(c).
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; 87 FR 80015, Dec. 29, 2022]
Sec. 301.87-2 Regulated articles.
(a) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spread of sugarcane
diseases. A list of all such articles is found on the internet at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ plant-disease/sugarcane. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/ aphis/
ourfocus/planthealth/ ppq-program-overview/ sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ plant-disease/ sugarcane
presents a risk of spread of sugarcane diseases, APHIS will publish a
notice in the Federal Register proposing to designate the article as a
regulated article for sugarcane diseases. The notice will provide the
basis for this determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Deputy Administrator's determination, APHIS will publish
a second notice in the Federal Register designating the article as a
regulated article for sugarcane diseases and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis if an inspector determines that it presents a risk of
spread of sugarcane diseases and provides actual notification to the
person in possession of the article, product, or means of conveyance
that it is now subject to the restrictions of this subpart.
[87 FR 80015, Dec. 29, 2022]
Sec. 301.87-3 Regulated areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator will list as a regulated area each State or
portion of a State in which a sugarcane disease has been found by an
inspector, or in which the Deputy Administrator has reason to believe a
sugarcane disease is present, or that the Deputy Administrator deems
necessary to regulate based on its proximity to a sugarcane disease or
its inseparability for enforcement purposes from localities where a
sugarcane disease occurs. The Deputy Administrator will publish a list
of all regulated areas (the regulated areas list) on the PPQ website at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ plant-disease/ sugarcane. The list will
include the date that the list was last updated. Lists of all
quarantined areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directors and on the
internet at www.aphis.usda.gov/ aphis/ourfocus/
[[Page 100]]
planthealth/ ppq-program-overview/ sphd. After a change is made to the
list of regulated areas, APHIS will publish a notice in the Federal
Register informing the public that the change has occurred and
describing the change to regulated areas. Less than an entire State will
be designated as a regulated 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 substantially the
same as those that are imposed by this subpart on the interstate
movement of regulated articles; and
(2) The designation of less than the entire State as a regulated
area will 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 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 will be given to the owner or
person in possession of the nonregulated area. Thereafter, the
interstate movement of any regulated article from the area will be
subject to this subpart. As soon as practicable, the area will either be
added to the regulated areas list, or the Deputy Administrator or an
inspector will terminate the designation. Notice thereof will be given
the owner or person in possession of the area.
[87 FR 80015, Dec. 29, 2022]
Sec. 301.87-4 Conditions governing the interstate movement of regulated
articles from regulated areas in quarantined States.
Any regulated article may be moved interstate from any regulated
area in a quarantined State if moved under the following conditions: \1\
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.87-5 and 301.87-8; 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.
[48 FR 50059, Oct. 31, 1983, as amended at 87 FR 80016, Dec. 29, 2022]
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 \1\ in accordance with part 305 of this chapter; or
---------------------------------------------------------------------------
\1\ 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. 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) \2\ to prevent the spread of sugarcane
diseases; 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 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
[[Page 101]]
(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) \2\ 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
and the inspector has made the determination that the article is
otherwise eligible for a certificate in accordance with paragraph (a) of
this section; or if the inspector has made the determination that the
article is eligible for a certificate in accordance with paragraph (a)
of this section without such treatment. Any such person may execute and
issue a limited permit for interstate movement of a regulated article
when the inspector has made the determination that the article is
eligible for a limited permit in accordance with paragraph (b) of this
section.
(d) Any certificate or limited permit which has been issued or
authorized may be withdrawn by an inspector if the inspector determines
that its holder has not complied with any condition under the
regulations for its use. The reasons for the withdrawal shall be
confirmed in writing as promptly as circumstances allow. Any person
whose certificate or limited permit has been withdrawn may appeal the
decision in writing to the Deputy Administrator within ten days after
receiving the written notification of the withdrawal. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the certificate or limited permit was wrongfully withdrawn. The
Deputy Administrator shall grant or deny the appeal in writing, stating
the reasons for the decision as promptly as circumstances allow. If
there is a conflict as to any material fact, a hearing shall be held to
resolve the conflict under rules of practice which shall be adopted by
the Administrator of the Animal and Plant Health Inspection Service,
USDA, for the proceeding.
[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001;
75 FR 4241, Jan. 26, 2010; 87 FR 80016, Dec. 29, 2022]
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. \1\
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.
---------------------------------------------------------------------------
\1\ 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
[[Page 102]]
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;
87 FR 80016, Dec. 29, 2022]
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)) 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 \1\ to take any
necessary action under this subpart prior to movement of the regulated
article.
---------------------------------------------------------------------------
\1\ 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;
87 FR 80016, Dec. 29, 2022]
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 U_Karnal Bunt
Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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.
[[Page 103]]
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 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.
(a) List of regulated articles. The Administrator has determined
that certain articles present a risk of spreading
[[Page 104]]
Karnal bunt. A list of all such articles is found on the internet at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ karnal-bunt/ ct_karnal _bunt. Lists of all
regulated articles may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/ aphis/
ourfocus/planthealth/ ppq-program-overview/ sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Administrator determines that an article not already listed
presents a risk of spreading Karnal bunt, APHIS will publish a notice in
the Federal Register proposing to designate the article as a regulated
article for Karnal bunt. The notice will provide the basis for this
determination, and will request public comment.
(2) If no comments are received on the notice, or if the comments do
not change the Administrator's determination, APHIS will publish a
second notice in the Federal Register designating the article as a
regulated article for Karnal bunt and listing it.
(c) Immediate designation of regulated articles. Any other article,
product, or means of conveyance not already listed in accordance with
paragraph (a) of this section may be designated a regulated article on
an immediate basis if an inspector determines that it presents a risk of
spreading Karnal bunt, and notifies the person in possession of the
article, product, or means of conveyance that it is now subject to the
restrictions of this subpart.
[87 FR 80016, Dec. 29, 2022]
Sec. 301.89-3 Regulated areas.
(a) Designation. Except as otherwise provided in paragraph (b) of
this section, the Administrator will list as a regulated area each State
or portion of a State if it is determined to be infected with Karnal
bunt or if it is in proximity to an infestation or inseparable from the
infected locality for regulatory purposes based on the following:
Projections of the spread of Karnal bunt along the periphery of the
infestation, the availability of natural habitats and host materials
within the noninfected acreage that are suitable for establishment and
survival of Karnal bunt, and the necessity of including uninfected
acreage within the regulated area in order to establish readily
identifiable boundaries. The Administrator will publish a list of all
regulated areas (the regulated areas list) on the PPQ website at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-and-disease-
programs/ pests-and-diseases/ karnal-bunt/ ct_karnal _bunt. The list
will include the date that the list was last updated. Lists of all
regulated areas may also be obtained by request from any local PPQ
office; local offices are listed in telephone directors and on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-
overview/ sphd. After a change is made to the list of regulated areas,
APHIS will publish a notice in the Federal Register informing the public
that the change has occurred and describing the change to regulated
areas.
(b) Designation of less than an entire State as a regulated area.
Less than an entire State will be designated 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 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. 7715.
(c) Temporary designation of regulated areas. The Administrator or
an inspector may temporarily designate any nonregulated area as a
regulated area in accordance with the criteria specified in paragraph
(a) or (b) 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
[[Page 105]]
a regulated area is subject to this subpart. As soon as practicable,
this area either will be added to the regulated areas list, 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.
(d) Regulated fields. 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).
(e) Release from regulation. A field known to have been infected
with Karnal bunt, as well as any non-infected acreage surrounding the
field, will be released from regulation if:
(1) The field has been permanently removed from crop production; or
(2) The field is tilled at least once per year for a total of 5
years (the years need not be consecutive). After tilling, the field may
be planted with a crop or left fallow. If the field is planted with a
host crop, the crop must test negative, through the absence of bunted
kernels, for Karnal bunt.
[87 FR 80016, Dec. 29, 2022]
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]
[[Page 106]]
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 (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
[[Page 107]]
compliance agreement \1\ 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 comply
with the provisions of this subpart and any conditions imposed under
this subpart.
---------------------------------------------------------------------------
\1\ 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; 87 FR 80017, Dec. 29, 2022]
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 \1\ at least 24 hours before the services
are needed.
---------------------------------------------------------------------------
\1\ See footnote 1 in Sec. 301.89-6.
---------------------------------------------------------------------------
(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; 87 FR 80017, Dec.
29, 2022]
Sec. 301.89-10 Attachment and disposition of certificates and limited
permits.
(a) The consignor must ensure that the certificate or limited permit
authorizing movement of a regulated article is, at all times during
movement, attached to:
(1) The outside of the container encasing the regulated article;
(2) The article itself, if it is not in a container; or
(3) The consignee's copy of the accompanying waybill: Provided, that
the descriptions of the regulated article on the certificate or limited
permit, and on the waybill, are sufficient to identify the regulated
article; and
(b) The carrier must furnish the certificate or limited permit
authorizing movement of a regulated article to the consignee at the
shipment's destination.
Sec. 301.89-11 Costs and charges.
The services of the inspector during normal business hours will be
furnished without cost to persons requiring the services.
The user will be responsible for all costs and charges arising from
inspection and other services provided outside of normal business hours.
[[Page 108]]
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 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
[[Page 109]]
Karnal bunt after sale and the price received by the grower is
contingent on the test results, are eligible to receive compensation as
described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.
However, compensation for positive-testing wheat will not exceed $1.80
per bushel under any circumstances.
(i) If the wheat was grown under contract and a price was determined
in the contract before the area where the wheat was grown became
regulated, compensation will equal the contract price minus the actual
price received by the grower.
(ii) If the wheat was not grown under contract or a price was
determined in the contract after the area where the wheat was grown
became regulated, compensation will equal the estimated market price for
the relevant class of wheat (meaning type of wheat, such as durum or
hard red winter) minus the actual price received by the grower. The
estimated market price will be calculated by APHIS for each class of
wheat, taking into account the prices offered by relevant terminal
markets (animal feed, milling, or export) during the harvest months for
the area, with adjustments for transportation and other handling costs.
Separate estimated market prices will be calculated for certified wheat
seed and wheat grown with the intention of producing certified wheat
seed, and wheat grain.
(2) Handlers and seed companies. Handlers and seed companies who
sell wheat grown in an area under the first regulated crop season are
eligible to receive compensation only if the wheat was not tested by
APHIS prior to purchase by the handler or seed company, but was tested
by APHIS and found positive for Karnal bunt after purchase by the
handler or seed company, as long as the price to be paid is not
contingent on the test results. Compensation will equal the estimated
market price for the relevant class of wheat (meaning type of wheat,
such as durum or hard red winter) minus the actual price received by the
handler or seed company. The estimated market price will be calculated
by APHIS for each class of wheat, taking into account the prices offered
by relevant terminal markets (animal feed, milling, or export) during
the harvest months for the area, with adjustments for transportation and
other handling costs. Separate estimated market prices will be
calculated for certified wheat seed and wheat grown with the intention
of producing certified wheat seed, and wheat grain. However,
compensation will not exceed $1.80 per bushel under any circumstances.
(b) Growers, handlers, and seed companies in previously regulated
areas. For the 1999-2000 crop season and the 2000-2001 crop season only,
growers, handlers, and seed companies are eligible to receive
compensation for the loss in value of their wheat in accordance with
paragraphs (b)(1) and (b)(2) of this section if: The wheat was grown in
a State where the Secretary has declared an extraordinary emergency; and
the wheat was grown in an area of that State that became regulated for
Karnal bunt before the crop was planted, or for which an Emergency
Action Notification (PPQ Form 523) was issued before the crop was
planted; and the wheat 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.
[[Page 110]]
(2) Handlers and seed companies. Handlers and seed companies who
sell wheat grown in a previously regulated area are eligible to receive
compensation only if the wheat was not tested by APHIS prior to purchase
by the handler, but was tested by APHIS and found positive for Karnal
bunt after purchase by the handler or seed company, as long as the price
to be paid by the handler or seed company is not contingent on the test
results. Compensation will be at the rate of $.60 per bushel of positive
testing wheat.
(c) To claim compensation. Compensation payments to growers,
handlers, and seed companies under paragraphs (a) and (b) of this
section will be issued by the Farm Service Agency (FSA). Claims for
compensation for the 1999-2000 crop season must be received by FSA on or
before December 4, 2001. Claims for compensation for subsequent crop
seasons must be received by FSA on or before March 1 of the year
following that crop season. The Administrator may extend the deadline,
upon request in specific cases, when unusual and unforeseen
circumstances occur that prevent or hinder a claimant from requesting
compensation on or before these dates. To claim compensation, a grower,
handler, or seed company must complete and submit to the local FSA
county office the following documents:
(1) Growers, handlers, and seed companies. A grower, handler, or
seed company must submit a Karnal Bunt Compensation Claim form, provided
by FSA. If the wheat was grown in an area that is not a regulated area,
but for which an Emergency Action Notification (PPQ Form 523) (EAN) has
been issued, the grower, handler, or seed company must submit a copy of
the EAN. Growers, handlers, and seed companies must also submit a copy
of the Karnal bunt certificate issued by APHIS that shows the Karnal
bunt test results, and verification as to the actual (not estimated)
weight of the wheat that tested positive (such as a copy of a facility
weigh ticket, or other verification). For compensation claims for wheat
seed, a grower or seed company must submit documentation showing that
the wheat is either certified seed or was grown with the intention of
producing certified seed (this documentation may include one or more of
the following types of documents: an application to the State seed
certification agency for field inspection; a bulk sale certificate;
certification tags or labels issued by the State seed certification
agency; or a document issued by the State seed certification agency
verifying that the wheat is certified seed);
(2) Growers. In addition to the documents required in paragraph
(c)(1) of this section, growers must submit a copy of the receipt for
the final sale of the wheat, showing the total bushels sold and the
total price received by the grower. Growers compensated under paragraph
(b)(1) of this section (previously regulated areas) whose wheat was not
tested prior to sale must submit documentation showing that the price
paid to the grower was contingent on test results (such as a copy of the
receipt for the final sale of the wheat or a copy of the contract the
grower has for the wheat, if this information appears on those
documents).
(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.
[[Page 111]]
(e) Special allowance for disposal costs for treated uncertified
wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in
the 2000-2001 growing season. Notwithstanding any other provision of
this section, growers in Archer, Baylor, Throckmorton, or Young
Counties, TX, who own treated uncertified wheat seed that tested
positive for Karnal bunt spores during the 2000-2001 growing season are
eligible for compensation in accordance with this paragraph. The grower
is eligible for compensation for the costs of disposing of such wheat
seed, by burial on the grower's premises, by burial at a landfill, or
through another means approved by APHIS. The compensation for disposing
of wheat seed by burial on the grower's premises is $1.00 per bushel.
The compensation for disposing of wheat seed by burial at a landfill, or
through another means approved by APHIS, is the actual cost of disposal,
up to $1.20 per bushel, as verified by receipts for disposal costs. To
apply for this compensation, the grower must submit a Karnal Bunt
Compensation Claim form, provided by FSA, and must also submit a copy of
the Karnal bunt certificate issued by APHIS that shows the Karnal bunt
test results, and verification as to the actual (not estimated) weight
of the uncertified wheat seed that tested positive for spores (such as a
copy of a facility weigh ticket, or other verification). For seed
disposed of by burial at a landfill the grower must also submit one or
more receipts for the disposal costs of the uncertified wheat seed,
showing the total bushels destroyed and the total disposal costs
(landfill fees, transportation costs, etc.).
[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999;
66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002]
Sec. 301.89-16 Compensation for grain storage facilities, flour
millers, National Survey participants, and certain custom harvesters
and equipment owners or lessees for the 1999-2000 and subsequent crop
seasons.
Owners of grain storage facilities, flour millers, and participants
in the National Karnal Bunt Survey are eligible to receive compensation
from the United States Department of Agriculture (USDA) for the 1999-
2000and subsequent crop seasons to mitigate losses or expenses incurred
because of the Karnal bunt regulations and emergency actions, as
follows:
(a) Decontamination of grain storage facilities. Owners of grain
storage facilities that are in States where the Secretary has declared
an extraordinary emergency, and who have decontaminated their grain
storage facilities pursuant to either an Emergency Action Notification
(PPQ Form 523) issued by an inspector or a letter issued by an inspector
ordering decontamination of the facilities, are eligible to be
compensated, on a one time only basis for each facility for each covered
crop year wheat, for up to 50 percent of the direct cost of
decontamination. However, compensation will not exceed $20,000 per grain
storage facility (as defined in Sec. 301.89-1). General clean-up,
repair, and refurbishment costs are excluded from compensation.
Compensation payments 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.
[[Page 112]]
(b) Flour millers. Flour millers who, in accordance with a
compliance agreement with APHIS, heat treat millfeed that is required by
APHIS to be heat treated are eligible to be compensated at the rate of
$35.00 per short ton of millfeed. The amount of millfeed compensated
will be calculated by multiplying the weight of wheat from the regulated
area received by the miller by 25 percent (the average percent of
millfeed derived from a short ton of grain). Compensation payments will
be issued by APHIS. To claim compensation, the miller must submit to an
inspector verification as to the actual (not estimated) weight of the
wheat (such as a copy of a facility weigh ticket or a copy of the bill
of lading for the wheat, if the actual weight appears on those
documents, or other verification). Flour millers must also submit
verification that the millfeed was heat treated (such as a copy of the
limited permit under which the wheat was moved to a treatment facility
and a copy of the bill of lading accompanying that movement; or a copy
of PPQ Form 700 (which includes certification of processing) signed by
the inspector who monitors the mill). Claims for compensation for the
1999-2000 crop season must be received by APHIS on or before December 4,
2001. Claims for compensation for the 2000-2001 crop season and beyond
must be received by March 1 of the year following that crop season. The
Administrator may extend these deadlines upon written request in
specific cases, when unusual and unforeseen circumstances occur that
prevent or hinder a claimant from requesting compensation on or before
these dates.
(c) National Karnal Bunt Survey participants. If a grain storage
facility participating in the National Karnal Bunt Survey tests positive
for Karnal bunt, the facility will be regulated, and may be ordered
decontaminated, pursuant to either an Emergency Action Notification (PPQ
Form 523) issued by an inspector or a letter issued by an inspector
ordering decontamination of the facility. If the Secretary has declared
an extraordinary emergency in the State in which the grain storage
facility is located, the owner will be eligible for compensation as
follows:
(1) Loss in value of positive wheat. The owner of the grain storage
facility will be compensated for the loss in value of positive wheat.
Compensation will equal the estimated market price for the relevant
class of wheat minus the actual price received for the wheat. The
estimated market price will be calculated by APHIS for each class of
wheat, taking into account the prices offered by relevant terminal
markets (animal feed, milling, or export) during the relevant time
period for that facility, with adjustments for transportation and other
handling costs. However, compensation will not exceed $1.80 per bushel
under any circumstances. Compensation payments for loss in value of
wheat will be issued by the Farm Service Agency (FSA). To claim
compensation, the owner of the facility must submit to the local FSA
office a Karnal Bunt Compensation Claim form, provided by FSA. The owner
of the facility must also submit 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
[[Page 113]]
paragraph (a) of this section (up to 50 per cent of the direct costs of
decontamination, not to exceed $20,000 per grain storage facility).
Compensation payments for decontamination of grain storage facilities
will be issued by APHIS, and claims for compensation must be submitted
in accordance with the provisions in paragraph (a) of this section.
Claims for compensation for the 1999-2000 crop season must be received
by APHIS on or before December 4, 2001. Claims for compensation for the
2000-2001 crop season and beyond must be received by March 1 of the year
following that crop season. The Administrator may extend these deadlines
upon written request in specific cases, when unusual and unforeseen
circumstances occur that prevent or hinder a claimant from requesting
compensation on or before these dates.
(d) Special allowances for custom harvesters and equipment owners or
lessees for costs related to cleaning and disinfection of mechanized
harvesting and other equipment in Archer, Baylor, Throckmorton, and
Young Counties, TX, in the 2000-2001 crop season. All claims for
compensation under this paragraph Sec. 301.89-16(d) must be received by
APHIS on or before September 6, 2005. The Administrator may extend this
deadline upon written request in specific cases, when unusual and
unforeseen circumstances occur that prevent or hinder a claimant from
requesting compensation on or before this date. All compensation
payments made under this paragraph Sec. 301.89-16(d) will be issued by
APHIS. Claims for compensation should be sent to Plant Protection and
Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374.
(1) Custom harvesters. (i) Cleaning and disinfection of mechanized
harvesting equipment. Custom harvesters who harvested host crops that an
inspector determined to be infected with Karnal bunt and that were grown
in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000-
2001 crop season are eligible to receive compensation for the cost of
cleaning and disinfecting their mechanized harvesting equipment as
required by Sec. 301.89-12(a). Compensation for the cost of cleaning
and disinfection mechanized harvesting equipment used to harvest Karnal
bunt-infected host crops will be either the actual cost or $750 per
cleaned machine, whichever is less. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; a copy of the PPQ-540 certificate issued to
allow the movement of mechanized harvesting equipment from a regulated
area after it had been used to harvest host crops 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,
[[Page 114]]
signed on a date prior to the designation of the county as a regulated
area for Karnal bunt, or an affidavit stating that the custom harvester
entered into an agreement to harvest in Archer, Baylor, Throckmorton, or
Young County during the 2000-2001 crop season prior to the designation
of the county as a regulated area for Karnal bunt, signed by the
customer with whom the custom harvester entered into the agreement; a
copy of the PPQ-540 certificate issued to allow the movement of
mechanized harvesting equipment from a regulated area after it has been
used to harvest host crops that an inspector determined to be infected
with Karnal bunt and had been subsequently cleaned and disinfected; and
the contract for harvesting in an area not regulated for Karnal bunt
that had been lost due to time lost to cleaning and disinfecting
harvesting equipment, signed on a date prior to the designation of the
relevant county as a regulated area for Karnal bunt, for which the
custom harvester will receive compensation, or an affidavit stating that
the custom harvester entered into an agreement to harvest in an area not
regulated for Karnal bunt prior to the designation of the county as a
regulated area for Karnal bunt and stating the number of acres that were
to have been harvested and the amount the custom harvester was to have
been paid under the agreement, signed by the customer with whom the
custom harvester entered into the agreement.
(iii) Fixed costs incurred during cleaning and disinfection. Custom
harvesters who harvested host crops that an inspector determined to be
infected with Karnal bunt and that were grown in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
who do not apply for compensation for a contract lost due to cleaning
and disinfection as described in paragraph (d)(1)(ii) of this section
are eligible for compensation for fixed costs incurred during cleaning
and disinfection. Compensation for fixed costs incurred during cleaning
and disinfection will be $2,000. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; and a copy of the PPQ-540 certificate issued
to allow the movement of mechanized harvesting equipment from a
regulated area after it has been used to harvest host crops that an
inspector determined to be infected with Karnal bunt and has been
subsequently cleaned and disinfected.
(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 V--Corn Cyst Nematode [Reserved]
[[Page 115]]
Subpart W_European Larch Canker
Source: 49 FR 18992, May 4, 1984, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
Quarantine and Regulations
Sec. 301.91 Quarantine and regulations; restrictions on interstate
movement of 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),\1\ the Secretary of Agriculture establishes a quarantine within
the United States to prevent the artificial spread of European larch
canker (Lachnellula willkommi (Dasycypha)). The regulations in this
subpart govern the interstate movement from regulated areas of regulated
articles.
(b) Restrictions on interstate movement of regulated articles. No
common carrier or other person shall move interstate from any regulated
area any regulated article except in accordance with the conditions
prescribed in this subpart.
[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001; 87
FR 80017, Dec. 29, 2022]
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
accordance with Sec. 301.91-3.
Regulated article. Any article identified as a regulated article
under Sec. 301.91-2 as follows: listed as of January 30, 2023, added in
accordance with Sec. 301.91-2(b), or otherwise designated in accordance
with Sec. 301.91-2(c).
[[Page 116]]
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; 87
FR 80017, Dec. 29, 2022]
Sec. 301.91-2 Regulated articles.
(a) List of regulated articles. The Deputy Administrator has
determined that certain articles present a risk of spreading European
larch canker. A list of all such regulated articles is found on the
internet at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ plant-disease/elc/ european-
larch-canker. Lists of all regulated articles may also be obtained by
request from any local Plant Protection and Quarantine (PPQ) office;
local offices are listed in telephone directories and on the internet at
www.aphis.usda.gov/ aphis/ourfocus/planthealth/ ppq-program-overview/
sphd.
(b) Normal process for designating additional regulated articles.
(1) If the Deputy Administrator determines that an article not already
listed at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-pest-
and-disease-programs/ pests-and-diseases/ plant-disease/elc/ european-
larch-canker presents a risk of spreading European larch canker, APHIS
will publish a notice in the Federal Register proposing to designate the
article as a regulated article for European larch canker. The notice
will provide the basis for this determination, and will request public
comment.
(2) If no comments are received on the notice, or if the comments do
not change the Deputy Administrator's determination, APHIS will publish
a second notice in the Federal Register designating the article as a
regulated article for European larch canker and listing it.
(c) Immediate designation of regulated articles. An inspector may
designate any other product, article, or means of conveyance as a
regulated article for European larch canker, if the inspector determines
that it presents a risk of spreading European larch canker, and after
the inspector provides actual notification to the person in possession
of the product, article, or means of conveyance that it is subject to
the restrictions of this subpart.
[87 FR 80017, Dec. 29, 2022]
Sec. 301.91-3 Regulated areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator will list as a regulated area each State, or
each portion of a State, 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. The Deputy Administrator will
publish a list of all regulated areas (the regulated areas list) on the
PPQ website at www.aphis.usda.gov/ aphis/ourfocus/planthealth/ plant-
pest-and-disease-programs/ pests-and-diseases/plant-disease/ elc/
european-larch-canker. The list will include the date that the list was
last updated. Lists of all regulated areas may also be obtained by
request from any local PPQ office; local offices are listed in telephone
directories and on the internet at www.aphis.usda.gov/ aphis/ourfocus/
planthealth/ ppq-program-overview/ sphd. After a change is made to the
list of regulated areas, APHIS will publish a notice in the Federal
Register informing the public that the change has occurred and
describing the change to the regulated areas. 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
[[Page 117]]
artificial 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. The Deputy Administrator will give a copy of this subpart along
with written notice of the temporary 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 interstate movement of any regulated
article from an area temporarily designated as a regulated area will be
subject to this subpart. As soon as practicable, the area will be added
to the regulated areas list or the designation will be terminated by the
Deputy 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.
[87 FR 80017, Dec. 29, 2022]
Sec. 301.91-4 Conditions governing the interstate movement of
regulated articles from regulated areas in quarantined States.
Any regulated article may be moved interstate from any regulated
area in a quarantined State only if moved under the following
conditions: \1\
---------------------------------------------------------------------------
\1\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
---------------------------------------------------------------------------
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.91-5 and 301.91-8; or
(b) Without a certificate or limited permit;
(1) If moved to a contiguous regulated area; or
(2)(i) If moved directly through (moved without stopping except
under normal traffic conditions such as traffic lights or stop signs)
any regulated area in an enclosed vehicle or in an enclosed container on
a vehicle to prevent the introduction of European larch canker;
(ii) If the article originated outside of any regulated area; and
(iii) If the point of origin of any article is clearly indicated by
shipping documents and its identity has been maintained.
[49 FR 18992, May 4, 1984, as amended at 87 FR 80018, Dec. 29, 2022]
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) \1\ to prevent the spread of European
larch canker; and
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
(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
[[Page 118]]
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) \1\ 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; 87
FR 80018, Dec. 29, 2022]
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. \1\
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.
---------------------------------------------------------------------------
\1\ 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; 87
FR 80018, Dec. 29, 2022]
[[Page 119]]
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 \1\ to take any
necessary action under this subpart prior to movement of the regulated
article.
---------------------------------------------------------------------------
\1\ 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; 87
FR 80018, Dec. 29, 2022]
Sec. 301.91-8 Attachment and disposition of certificates and limited
permits.
(a) A certificate or limited permit required for the interstate
movement of a regulated article, at all times during such movement,
shall be securely attached to the outside of the containers containing
the regulated article, securely attached to the article itself if not in
a container, or securely attached to the consignee's copy of the
accompanying waybill or other shipping document; Provided, however, That
the requirements of this section may be met by attaching the certificate
or limited permit to the consignee's copy of the waybill or other
shipping documents only if the regulated article is sufficiently
described on the certificate, limited permit, or shipping document to
identify such article.
(b) The certificate or limited permit for the movement of a
regulated article shall be furnished by the carrier to the consignee at
the destination of the shipment.
Sec. 301.91-9 Costs and charges.
The services of the inspector shall be furnished without cost,
except as provided in 7 CFR part 354. The U.S. Department of Agriculture
will not be responsible for any costs or charges incident to inspections
or compliance with the provisions of the quarantine and regulations in
this subpart, other than for the services of the inspector.
Subpart X_Phytophthora Ramorum
Source: 72 FR 8597, Feb. 27, 2007, unless otherwise noted.
Redesignated at 84 FR 2428, Feb. 7, 2019.
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 regulated establishment
any regulated, restricted, or associated articles except in accordance
with this subpart.
(c) No person may move interstate from any quarantined area or
regulated establishment 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.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019]
Sec. 301.92-1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or any person authorized to act for the Administrator.
[[Page 120]]
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.
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
accordance with 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; \1\ 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.
---------------------------------------------------------------------------
\1\ Bulbs, tubers, corms, or rhizomes are only considered nursery
stock (and therefore, regulated under this subpart) if they are of plant
taxa listed in accordance with 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, designated
as a
[[Page 121]]
quarantined area in accordance with Sec. 301.92-3.
Regulated article. Any article listed in Sec. 301.92-2(b).
Restricted article. Any article listed in Sec. 301.92-2(a).
Regulated establishment. Any nursery regulated by APHIS pursuant to
Sec. 301.92-3(b).
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.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87
FR 80018, Dec. 29, 2022]
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 located in a quarantined area and that are
proven host plant taxa listed in accordance with paragraph (d) of this
section.
(2) Forest stock located or grown in a quarantined area and that are
proven host plant taxa or associated plant taxa listed in accordance
with 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,
wreaths, garlands, and greenery of proven host plant taxa listed in
accordance with paragraph (d) of this section.
(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 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 accordance with
paragraph (e) of this section.
(d) Proven host plant taxa. The Administrator has determined that
certain taxa of plants are proven hosts of Phytophthora ramorum. A list
of all such proven host taxa is located on the internet at
www.aphis.usda.gov/aphis/ourfocus/planthealth/plant-pest-and-disease-
programs/pests-and-diseases/phytophthora-ramorum/sod. Lists of all
proven host taxa may also be obtained by request from any local Plant
Protection and Quarantine (PPQ) office; local offices are listed in
telephone directories and on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/ppq-program-overview/sphd. If the Administrator
determines that a taxon not already listed at www.aphis.usda.gov/aphis/
ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/
phytophthora-ramorum/sod is a proven host of Phytophthora ramorum, APHIS
will publish a notice in the Federal Register proposing to designate the
taxon as a proven host of Phytophthora ramorum. The notice will provide
the basis for this determination, and will request public comment. If no
comments are received on the notice, or if the comments do not change
the Administrator's determination, APHIS will publish a second notice in
the Federal Register designating the taxon as a proven host of
Phytophthora ramorum and listing it.
(e) Associated plant taxa. The Administrator has determined that
certain plant taxa are associated with Phytophthora ramorum. A list of
all such taxa is located on the internet at www.aphis.usda.gov/aphis/
ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/
phytophthora-ramorum/sod. Lists of all associated taxa may also be
obtained by request from any local PPQ office; local offices are listed
in telephone directories and on the internet at www.aphis.usda.gov/
aphis/ourfocus/planthealth/ppq-program-overview/sphd. If the
Administrator determines that a taxon not already listed at
www.aphis.usda.gov/aphis/ourfocus/
[[Page 122]]
planthealth/plant-pest-and-disease-programs/pests-and-diseases/
phytophthora-ramorum/sod is associated with Phytophthora ramorum, APHIS
will publish a notice in the Federal Register proposing to designate the
taxon as associated with Phytophthora ramorum. The notice will provide
the basis for this determination, and will request public comment. If no
comments are received on the notice, or if the comments do not change
the Administrator's determination, APHIS will publish a second notice in
the Federal Register designating the taxon as associated with
Phytophthora ramorum and listing it.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16192, Apr. 18, 2019; 87
FR 80018, Dec. 29, 2022]
Sec. 301.92-3 Quarantined areas and regulated establishments.
(a) Quarantined areas. (1) Except as otherwise provided in paragraph
(a)(2) of this section, the Administrator will designate as a
quarantined area each State or 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 it necessary to quarantine because of its
inseparability for quarantine enforcement purposes from localities in
which Phytophthora ramorum has been found in the natural environment.
The Administrator will publish a list of all quarantined areas (the
quarantine list) on the PPQ website at www.aphis.usda.gov/aphis/
ourfocus/planthealth/plant-pest-and-disease-programs/pests-and-diseases/
phytophthora-ramorum/sod. The list will include the date that the list
was last updated. 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 www.aphis.usda.gov/aphis/
ourfocus/planthealth/ppq-program-overview/sphd. After a change is made
to the list of quarantined areas, APHIS will publish a notice in the
Federal Register informing the public that the change has occurred and
describing the change to the quarantined areas. 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 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 as a quarantined area in accordance with the
criteria in paragraph (a)(1) of this section. The Administrator or the
inspector will give a copy of this subpart 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 the area temporarily
designated as a quarantined area will be subject to this subpart. As
soon as practicable, this area will be added to the quarantine list 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.
(b) Regulated establishments--(1) Designation. The Administrator
will designate a nursery that is not located in a quarantined area for
Phytophthora ramorum as a regulated establishment for Phytophthora
ramorum if the nursery ships regulated, restricted, or associated
articles interstate and sources of Phytophthora ramorum are detected on
nursery stock, or in soil, growing media, pots used for nursery stock,
standing water, drainage water, water used for irrigation, or any other
regulated, restricted, or associated articles at the nursery.
(2) Deregulation. The Administrator will withdraw regulation of a
regulated establishment if, for 3 consecutive years, each time the
nursery is inspected by an inspector, it is found free
[[Page 123]]
of sources of Phytophthora ramorum inoculum.
(Approved by the Office of Management and Budget under control number
0579-0310)
[84 FR 16193, Apr. 18, 2019, as amended at 87 FR 80019, Dec. 29, 2022]
Sec. 301.92-4 Conditions governing the interstate movement of regulated,
restricted, and associated articles, and non-host nursery stock from
quarantined and regulated establishments.
(a) Interstate movement of regulated and associated articles from
quarantined areas. Regulated and associated articles may be moved
interstate from a quarantined area \1\ only in accordance with this
subpart.
---------------------------------------------------------------------------
\1\ 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)(A) The regulated article 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
(B) The regulated or associated article is moved from outside of 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.
(ii) Soil samples may be moved from a quarantined area for
Phytophthora ramorum for chemical or physical (compositional) analysis
provided that they are moved to a laboratory; and that laboratory:
(A) Has entered into and is operating under a compliance agreement
with APHIS in accordance with Sec. 301.92-6;
(B) Is abiding by all terms and conditions of that compliance
agreement; and
(C) Is approved by APHIS to test and/or analyze such samples.
(b) Interstate movement of restricted articles from quarantined
areas. Restricted articles may be moved interstate from a quarantined
area only in accordance with this section.
(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 accordance with 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
[[Page 124]]
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. 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 regulated, restricted, and associated
articles from regulated establishments. Regulated, restricted, and
associated articles may be moved interstate from a regulated
establishment if the regulated establishment has entered into a
compliance agreement with APHIS in accordance with Sec. 301.92-6, and
the articles are accompanied by a certificate issued in accordance with
Sec. 301.92-5.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16193, Apr. 18, 2019; 87
FR 80019, Dec. 29, 2022]
Sec. 301.92-5 Issuance and cancellation of certificates.
(a) Movements from quarantined areas. (1) An inspector \1\ may issue
a certificate for the interstate movement of regulated articles,
associated articles, or non-host nursery stock \2\ from a quarantined
area if the inspector determines that:
---------------------------------------------------------------------------
\1\ 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/.
\2\ 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; \3\ or
---------------------------------------------------------------------------
\3\ Firewood, logs, lumber of species listed in accordance with
Sec. 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)(1) Are shipped from a nursery 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; or
(2) Are shipped from a nursery that has been inspected in accordance
with the inspection and sampling protocol described in Sec. 301.92-
11(a)(2), and the nursery is free of evidence of Phytophthora ramorum
infestation; or
(3) Are shipped from a nursery that has been inspected in accordance
with the inspection and sampling protocol described in Sec. 301.92-
11(a)(2), is not free of evidence of Phytophthora ramorum infestation,
but has entered into and is operating under a compliance agreement with
APHIS, and is determined by an inspector to be abiding by all terms and
conditions of that agreement; 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 125]]
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) \4\ to prevent the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------
\4\ Sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C.
7714, 7731, and 7754) provide that the Secretary of Agriculture may,
under certain conditions, hold, seize, quarantine, treat, apply other
remedial measures to destroy or otherwise dispose of any plant, plant
pest, plant product, article, or means of conveyance that is moving, or
has moved into or through the United States or interstate if the
Secretary has reason to believe the article is a plant pest or is
infested with a plant pest at the time of movement.
---------------------------------------------------------------------------
(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 establishments. An inspector may issue
a certificate for the movement of regulated, restricted, and/or
associated articles from a regulated establishment if the inspector
determines that:
(1) The nursery has entered into a compliance agreement APHIS in
accordance with Sec. 301.92-6 and is abiding by all terms and
conditions of that agreement; and
(2) The nursery has been inspected in accordance with Sec. 301.92-
11(c); and
(3) The articles to be shipped interstate are free from Phytophthora
ramorum inoculum; and
(4) The movement of the articles is not subject to additional
restriction under section 414 of the Plant Protection Act (7 U.S.C.
7714) or other Federal domestic plant quarantines and regulations.
(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 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; 84
FR 16193, Apr. 18, 2019; 87 FR 80019, Dec. 29, 2022]
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
[[Page 126]]
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. \1\
---------------------------------------------------------------------------
\1\ 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
0579-0088 and 0579-0310)
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16194, Apr. 18, 2019; 87
FR 80019, Dec. 29, 2022]
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 \1\ as far in advance of the
desired interstate movement as possible, but no less than 48 hours
before the desired time of inspection.
---------------------------------------------------------------------------
\1\ See footnote 2 in Sec. 301.92-4.
---------------------------------------------------------------------------
(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.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16194, Apr. 18, 2019; 87
FR 80019, Dec. 29, 2022]
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 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
[[Page 127]]
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.
(a) Nurseries in quarantined areas shipping regulated articles of
nursery stock and associated articles interstate--(1) Nurseries in which
Phytophthora ramorum has not been detected since March 31, 2011. To meet
the requirements of Sec. 301.92-5(a)(1)(iv), nurseries that are located
in quarantined areas, that move regulated articles of nursery stock,
decorative trees without roots, wreaths, garlands, or greenery,
associated articles, or non-host nursery stock interstate, and in which
Phytophthora ramorum has not been detected since March 31, 2011, must
meet the following requirements. Any such nurseries in quarantined areas
that do not meet the following requirements are prohibited from moving
regulated articles and associated articles interstate. Any such
nurseries in quarantined areas that do not meet the following
requirements or those in paragraph (b) of this section are prohibited
from moving non-host nursery stock interstate.
(i) Annual inspection, sampling, and testing--(A) Inspection. The
nursery must be inspected annually for symptoms of Phytophthora ramorum
by an inspector. 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.
(B) 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.
(C) 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.
(D) 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 the
inspection, and the nursery is eligible to enter into or maintain its
compliance agreement in accordance with Sec. 301.92-6.
(ii) Pre-shipment inspection, sampling, and testing--(A) 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. 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 this section.
(1) If no symptomatic plants are found upon inspection, the shipment
may be considered free from evidence
[[Page 128]]
of Phytophthora ramorum 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.
(2) If symptomatic plants are found upon inspection, the inspector
will collect at least one sample per symptomatic plant, and one sample
per regulated article or associated article that is in close proximity
to, or that has had physical contact with, a symptomatic plant.
(B) Testing and withholding from interstate movement. Samples taken
in accordance with this paragraph (a)(1) 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.
(2) Nurseries in which Phytophthora ramorum has been detected since
March 31, 2011. To meet the requirements of Sec. 301.92-5(a)(1)(iv),
nurseries that are located in quarantined areas, that move regulated
articles of nursery stock, decorative trees without roots, wreaths,
garlands, or greenery, associated articles, or non-host nursery stock
interstate, and in which Phytophthora ramorum has been detected since
March 31, 2011, must meet the following requirements. Any such nurseries
in quarantined areas that do not meet the following requirements are
prohibited from moving regulated articles and associated articles
interstate. Any such nurseries in quarantined areas that do not meet the
following requirements or those in paragraph (b) of this section are
prohibited from moving non-host nursery stock interstate.
(i) Inspections. The nursery must be inspected at least twice
annually for symptoms of Phytophthora ramorum infestation by an
inspector. The inspection will focus on regulated plants and other
potential sources of Phytophthora ramorum inoculum.
(ii) Sampling. Samples must be taken from host plants, soil,
standing water, drainage water, water for irrigation, and any other
articles determined by the inspector to be possible sources of
Phytophthora ramorum inoculum. The number of samples taken may vary
depending on the possible sources of inoculum identified at the nursery,
as well as the number of host articles in the nursery.
(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) Negative results; certification. If all 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 Phytophthora ramorum at the time of the inspection. If the
nursery is inspected and determined by an inspector to be free of
Phytophthora ramorum inoculum each time it is inspected for 3
consecutive years, the nursery will thereafter be inspected in
accordance with paragraph (a)(1) of this section.
(v) Positive results. If any samples tested in accordance with this
section and Sec. 301.92-12 return positive results for Phytophthora
ramorum, the nursery may ship lots of regulated, restricted, and
associated articles interstate pursuant to Sec. 301.92-5(b) only if the
lot is determined to be free from Phytophthora ramorum inoculum. The
method for this determination will be specified in the nursery's
compliance agreement with APHIS.
(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. If such
nurseries contain any regulated or restricted articles, the nursery must
meet the requirements of paragraph (a) of this section. This paragraph
(b) only applies if there are no regulated or associated articles or
nursery stock at the nursery. Nurseries that do not meet the
requirements of paragraph (a) of this section or this paragraph (b) are
prohibited from moving non-host nursery stock interstate.
(1) Annual visual inspection. The nursery must be visually inspected
annually for symptoms of Phytophthora
[[Page 129]]
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)
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 at the nursery determines that
plants in a nursery exhibit no signs of infection with Phytophthora
ramorum, the inspector may certify that the nursery 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) Regulated establishments shipping regulated, restricted, or
associated articles of interstate--(1) Inspections. To meet the
conditions of Sec. 301.92-5(b), the regulated establishment must be
inspected at least twice annually for symptoms of Phytophthora ramorum
infestation by an inspector. The inspection will focus on regulated
plants and other potential sources of Phytophthora ramorum inoculum.
(2) Sampling. Samples must be taken from host plants, soil, standing
water, drainage water, water for irrigation, growing media, and any
other articles determined by the inspector to be possible sources of
Phytophthora ramorum inoculum. The number of samples taken may vary
depending on the possible sources of inoculum identified at the nursery,
as well as the number of host articles in the nursery.
(3) 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.
(4) Negative results; certification. If all 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 Phytophthora ramorum at the time of the inspection. For purposes
of Sec. 301.92-5(b), regulated, restricted, and associated articles at
a certified nursery are considered free from Phytophthora ramorum until
the time of the next inspection.
(5) Positive results. If any samples tested in accordance with this
section and Sec. 301.92-12 return positive results for Phytophthora
ramorum, the nursery may ship lots of regulated, restricted, and
associated articles interstate pursuant to Sec. 301.92-5(b) only if the
lot is determined to be free from Phytophthora ramorum inoculum. The
method for this determination will be specified in the nursery's
compliance agreement with APHIS.
(Approved by the Office of Management and Budget under control number
0579-0310)
[84 FR 16194, Apr. 18, 2019]
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 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,
[[Page 130]]
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 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.
[72 FR 8597, Feb. 27, 2007, as amended at 84 FR 16195, Apr. 18, 2019]
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.
[[Page 131]]
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.