[Federal Register Volume 71, Number 81 (Thursday, April 27, 2006)]
[Proposed Rules]
[Pages 25010-25057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3897]



[[Page 25009]]

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Part IV





Department of Agriculture





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Animal and Plant Health Inspection Service



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7 CFR Parts 305, 319, and 352



Revision of Fruits and Vegetables Import Regulations; Proposed Rule

  Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / 
Proposed Rules  

[[Page 25010]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305, 319, and 352

[Docket No. APHIS-2005-0106]
RIN 0579-AB80


Revision of Fruits and Vegetables Import Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule and notice of public hearings.

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SUMMARY: We are proposing to revise and reorganize the regulations 
pertaining to the importation of fruits and vegetables to consolidate 
requirements of general applicability and eliminate redundant 
requirements, update terms and remove outdated requirements and 
references, update the regulations that apply to importations into 
territories under U.S. administration, and make various editorial and 
nonsubstantive changes to regulations to make them easier to use. We 
are also proposing to make substantive changes to the regulations, 
including: Establishing criteria within the regulations that, if met, 
would allow us to approve certain new fruits and vegetables for 
importation into the United States and to acknowledge pest-free areas 
in foreign countries more effectively and expeditiously; doing away 
with the practice of listing specific commodities that may be imported 
subject to certain types of phytosanitary measures; and providing for 
the issuance of special use permits for fruits and vegetables. These 
changes are intended to simplify and expedite our processes for 
approving certain new imports and pest-free areas while continuing to 
allow for public participation in the processes. This proposal, if 
adopted, would represent a significant structural revision of the 
fruits and vegetables import regulations and would establish a new 
process for approving certain new commodities for importation into the 
United States. It would not, however, allow the importation of any 
specific new fruits or vegetables, nor would it alter the conditions 
for importing currently approved fruits or vegetables except as 
specifically described in this document. To the extent to which trading 
partners consider the time it takes to conduct the rulemaking process a 
trade barrier, by reducing that time, these proposed changes may 
facilitate the export of U.S. agricultural commodities. The proposed 
changes would not alter the manner in which the risk associated with a 
commodity import request is evaluated, nor would it alter the manner in 
which those risks are ultimately mitigated.

DATES: We will consider all comments that we receive on or before July 
26, 2006. We will also consider comments made at public hearings to be 
held in Seattle, WA, on May 23, 2006; in Los Angeles, CA, on May 24, 
2006; in Miami, FL, on May 26, 2006; and in Washington, DC, on June 20, 
2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0106 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2005-0106, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2005-0106.
    Public Hearings: Public hearings regarding this rule will be held 
at the following locations:
    1. Seattle, WA: Seattle Renaissance Hotel, 515 Madison Street, 
Seattle, WA.
    2. Los Angeles, CA: The Westin Los Angeles Airport, 5400 West 
Century Boulevard, Los Angeles, CA.
    3. Miami, FL: Hilton Miami Airport, 5101 Blue Lagoon Drive, Miami, 
FL.
    4. Washington, DC: USDA Jamie L. Whitten Building, 1400 
Independence Avenue, SW., Washington, DC.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Regarding the proposed commodity 
import request evaluation process, contact Mr. Matthew Rhoads, 
Planning, Analysis, and Regulatory Coordination, PPQ, APHIS, 4700 River 
Road, Unit 141, Riverdale, MD 20737; (301) 734-8790.
    Regarding import conditions for particular commodities, contact Ms. 
Donna L. West, Senior Import Specialist, Commodity Import Analysis and 
Operations, PPQ-PRI, APHIS, 4700 River Road, Unit 133, Riverdale, MD 
20737; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Public Hearings

    We are advising the public that we are hosting four public hearings 
on this proposed rule. The first public hearing will be held in 
Seattle, WA, on Tuesday, May 23, 2006 from 9 a.m. to 1 p.m., local 
time. The second public hearing will be held in Los Angeles, CA, on 
Wednesday, May 24, 2006, from 1 p.m. to 5 p.m., local time. The third 
public hearing will be held in Miami, FL, on Friday, May 26, 2006, from 
9 a.m. to 1 p.m., local time. The fourth public hearing will be held in 
Washington, DC, on June 20, 2006, from 9 a.m. to 1 p.m., local time.
    A representative of the Animal and Plant Health Inspection Service 
will preside at the public hearings. Any interested person may appear 
and be heard in person, by attorney, or by other representative. 
Written statements may be submitted and will be made part of the 
hearing record. A transcript of the public hearings will be placed in 
the rulemaking record and will be available for public inspection.
    The purpose of the hearings is to give interested persons an 
opportunity for presentation of data, views, and arguments. Questions 
about the content of the proposed rule may be part of the commenters' 
oral presentations. However, neither the presiding officer nor any 
other representative of APHIS will respond to comments at the hearings, 
except to clarify or explain provisions of the proposed rule.
    The presiding officer may limit the time for each presentation so 
that all interested persons appearing at each hearing have an 
opportunity to participate. Each hearing may be terminated at any time 
if all persons desiring to speak and that are present in the hearing 
room have been heard.
    Registration for the hearings may be accomplished by registering 
with the presiding officer 30 minutes prior to the scheduled start of 
each hearing. Persons who wish to speak at a hearing will be asked to 
sign in with their name and organization to establish a record for the

[[Page 25011]]

hearing. We ask that anyone who reads a statement provide two copies to 
the presiding officer at the hearing.
    Persons wishing to speak at one or both of the public hearings may 
register in advance by phone or e-mail. Persons wishing to register by 
phone should call the Regulatory Analysis and Development voice mail at 
(301) 734-8138. Callers must leave a message clearly stating (1) the 
location of the hearing the registrant wishes to speak at, and (2) the 
registrant's name and organization. Persons wishing to register by e-
mail must send an e-mail with the same information described above to 
http://[email protected]. Please write the location 
of the hearing you wish to attend in the subject line. Advance 
registration for the hearings must be received by 3 p.m. on the day 
prior to the hearing you wish to attend. Additional information on the 
hearings, including parking information, can be found on the Internet 
at http://www.aphis.usda.gov/ppq/Q56.
    If you require special accommodations, such as a sign language 
interpreter, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56 through 319.56-8, referred to below as the regulations or the 
fruits and vegetables regulations) the Animal and Plant Health 
Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA 
or the Department) prohibits or restricts the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent plants pests from being introduced into and spread within the 
United States.
    In this document, we are proposing to revise and reorganize the 
fruits and vegetables regulations to consolidate requirements of 
general applicability and eliminate redundant requirements, update 
terms and remove outdated requirements and references, update the 
regulations that apply to importations of fruits and vegetables into 
U.S. territories, and make various editorial and nonsubstantive changes 
to regulations to make them easier to use. We are also proposing to 
make substantive changes to the regulations, including: (1) 
Establishing criteria within the regulations that, if met, would allow 
APHIS to approve certain new fruits and vegetables for importation into 
the United States and to acknowledge pest-free areas in foreign 
countries more effectively and expeditiously; (2) doing away with the 
process of listing, in the regulations, specific commodities that may 
be imported subject to certain types of phytosanitary measures; and (3) 
providing for the issuance of special use permits for fruits and 
vegetables. These changes are necessary to simplify and expedite the 
APHIS processes for approving new imports and pest-free areas while 
continuing to allow for public participation in the process. This 
proposal, if adopted, would represent a significant structural revision 
of the regulations, and would establish a new process for approving 
certain new commodities for importation into the United States. It 
would not, however, allow the importation of any specific new fruits or 
vegetables, nor would it alter the conditions for importing currently 
approved fruits or vegetables except as specifically described in this 
document.

The Current Regulations

    Currently, the regulations prohibit the importation into the United 
States of fruits and vegetables covered by the subpart,\1\ unless the 
regulations specifically allow the importation of the particular fruit 
or vegetable.
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    \1\ The importation of citrus fruits is regulated under 
Subpart--Citrus Fruit (Sec.  319.28).
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    The regulations can be roughly divided into two categories: 
Requirements of general applicability (contained in Sec. Sec.  319.56 
through 319.56-2 and Sec. Sec.  319.56-3 through 319.56-8) and 
commodity-specific requirements (contained in Sec. Sec.  319.56-2a 
through 319.56-2oo).
    Under the regulations, all approved fruit and vegetable imports are 
subject to some type of restriction to ensure that the imported fruit 
or vegetable does not act as a pathway for the introduction of plant 
pests or noxious weeds into the United States. These restrictions are 
known as phytosanitary measures, and include any activities that have 
the effect of reducing the plant pest risk posed by an imported fruit 
or vegetable.
    In nearly all cases, more than one phytosanitary measure must be 
applied to each type of imported fruit or vegetable for the commodity 
to be allowed importation into the United States. In the most typical 
scenario, fruits and vegetables must be imported under permit and are 
subject to inspection, and, if necessary, treatment, at the port of 
first arrival in the United States. These requirements are referred to 
elsewhere in this document as universal requirements. A partial list of 
commodities that may be imported under these conditions may be found in 
Sec.  319.56-2t of the current regulations. Other commodities must 
always be treated for pests before arriving at a U.S. port of entry, in 
addition to meeting these universal requirements. A partial list of 
such commodities may be found in Sec.  319.56-2x of the current 
regulations.\2\ Certain other fruits and vegetables must meet 
additional requirements (in some cases, called ``systems approaches'') 
to be eligible for importation into the United States. Such measures 
include sampling regimens, pest surveys, packing requirements, and 
other measures determined to be necessary to mitigate the pest risk 
posed by the particular commodity. Requirements for importing these 
commodities may be found in Sec. Sec.  319.56-2a through 319.56-2oo.
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    \2\ Some commodities listed in Sec. Sec.  319.56-2t and 319.56-
2x require additional phytosanitary measures beyond requirements 
that they be imported under permit and are subject to inspection at 
the port of first arrival in the United States. Such requirements 
include special box markings and phytosanitary certifications by 
foreign national plant protection organizations.
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Proposed Revisions

Reorganization of the Regulations and Consolidation of Similar 
Provisions

    In this document, we are proposing to reorganize the regulations to 
make them easier to understand and use. Specifically, we are proposing 
to consolidate all requirements of general applicability into one 
section (proposed Sec.  319.56-3, ``General requirements for all 
imported fruits and vegetables''). Currently, general requirements are 
located in various sections (Sec. Sec.  319.56 through 319.56-2 and 
319.56-3 through 319.56-8) of the regulations, and several such 
provisions are repeated throughout the commodity-specific sections 
(Sec. Sec.  319.56-2a through 319.56-2oo). If this proposal is adopted, 
all requirements of general applicability would be located at the 
beginning of the regulations, followed by all commodity-specific 
requirements, and redundant references to general requirements that are 
contained in commodity specific regulations would be removed.
    In order to facilitate review of this proposal, which, if adopted, 
would relocate all current provisions to new sections within the 
regulations, we have prepared a cross-reference table that links the 
current provisions with the proposed provisions. The cross reference 
document may be viewed on the Regulations.gov Web site (see ADDRESSES 
above for instructions for accessing Regulations.gov.) and may be 
obtained by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. The cross reference document may also be viewed in our reading 
room

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(information on the location and hours of the reading room is provided 
under the heading ADDRESSES at the beginning of this proposed rule). 
Further, for ease of reference, we provide the following outline of the 
proposed revision:

Requirements of General Applicability

Sec.  319.56-1 Notice of quarantine.
Sec.  319.56-2 Definitions.
Sec.  319.56-3 General requirements for all imported fruits and 
vegetables.
    (a) Freedom from plants and portions of plants.
    (b) Permit.
    (c) Ports of entry.
    (d) Inspection, treatment, and other requirements.
    (e) Costs and charges for APHIS services.
    (f) Responsibility for damages arising from quarantine actions 
or procedures.
Sec.  319.56-4 Approval of certain fruits and vegetables for 
importation.
    (a) Determination by the Administrator.
    (b) Designated phytosanitary measures.
    (c) Fruit and vegetables authorized importation under this 
section.
    (d) Amendment of import requirements.
Sec.  319.56-5 Pest-free areas.
Sec.  319.56-6 Trust fund agreements.
Sec.  319.56-7 Territorial applicability and exceptions.
Sec. Sec.  319.56-8 through 319.56-9 [Reserved]

Commodity-Specific Requirements

Sec.  319.56-10 Importation of fruits and vegetables from Canada.
Sec.  319.56-11 Importation of dried, cured, or processed fruits, 
vegetables, nuts, and legumes.
Sec.  319.56-12 Importation of frozen fruits and vegetables.
Sec.  319.56-13 Additional requirements for certain fruits and 
vegetables.
Sec. Sec.  319.56-14 through 319.56-19 [Reserved]
Sec.  319.56-20 Apples and pears from Australia (including Tasmania) 
and New Zealand.
Sec.  319.56-21 Okra from certain countries.
Sec.  319.56-22 Apples and pears from certain countries in Europe.
Sec.  319.56-23 Apricots, nectarines, peaches, plumcot, and plums 
from Chile.
Sec.  319.56-24 Lettuce and peppers from Israel.
Sec.  319.56-25 Papayas from Central America and Brazil.
Sec.  319.56-26 Melon and watermelon from certain countries in South 
America.
Sec.  319.56-27 Fuji variety apples from Japan and the Republic of 
Korea.
Sec.  319.56-28 Tomatoes from certain countries.
Sec.  319.56-29 Ya variety pears from China.
Sec.  319.56-30 Hass avocados from Michoacan, Mexico.
Sec.  319.56-31 Peppers from Spain.
Sec.  319.56-32 Peppers from New Zealand.
Sec.  319.56-33 Mangoes from the Philippines.
Sec.  319.56-34 Clementines from Spain.
Sec.  319.56-35 Persimmons from the Republic of Korea.
Sec.  319.56-36 Watermelon, squash, cucumber, and oriental melon 
from the Republic of Korea.
Sec.  319.56-37 Grapes from the Republic of Korea.
Sec.  319.56-38 Clementines, mandarins, and tangerines from Chile.
Sec.  319.56-39 Fragrant pears from China.
Sec.  319.56-40 Peppers from certain Central American countries.

Relocation of Treatment Schedules and Other Treatment-related 
Provisions to Part 305

    APHIS recently amended the regulations in 7 CFR part 305 by listing 
in that part treatment schedules for imported fruits and vegetables and 
other requirements for certifying facilities and conducting treatments 
(see 70 FR 33264-33326, Docket No. 02-019-1). Prior to that amendment, 
treatment schedules were contained in the Plant Protection and 
Quarantine (PPQ) Treatment Manual, which was incorporated by reference 
into the regulations at 7 CFR 300.1.
    The fruits and vegetables regulations also contain some treatment 
schedules for certain imported fruits and vegetables. In some cases, 
the schedules are the same as treatments now listed in part 305. In 
other cases, the schedules are somewhat different than the treatments 
specified in part 305. The discrepancies resulted from changes being 
made in the past to the PPQ Treatment Manual without corresponding 
changes being made to the fruits and vegetables regulations. In this 
document, we are proposing to remove treatment schedules from the 
fruits and vegetables regulations, as all current treatments for fruits 
and vegetables are correctly set out in part 305.\3\
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    \3\ The methyl bromide treatment schedule for cherimoyas from 
Chile that is listed in current Sec.  319.56-2z is not longer in 
use, and would be removed.
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    The table below contains a list of treatment schedules currently 
contained in the fruits and vegetables regulations, as well as the 
identification number of appropriate treatment schedule for the given 
commodity that is currently listed in part 305. Again, under this 
proposal, all treatment schedules contained in the fruits and 
vegetables regulations would be removed, and treatment of affected 
commodities would have to be conducted in accordance with part 305.

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                                                                                                           Location of treatment in       Applicable
            Commodity                      Origin                     Pests              Treatment type       subpart--fruits and     treatment in part
                                                                                                                  vegetables                 305
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Acorns and chestnuts............  All except Canada and     Curculio elephas          Methyl bromide       319.56-2b(a)(3)(i) and    T-101-t-1.
                                   Mexico.                   (Cyllenhal) and C.        normal atmospheric   319.56-2b(a)(3)(iii).
                                                             nucum Linnaeus; the nut   pressure (NAP).
                                                             fruit tortrix, et al.,
                                                             Cydia splendana
                                                             (Hubner), Cydia spp.,
                                                             and Hemimene juliana
                                                             (Curtis); and other
                                                             insect pests of
                                                             chestnuts and acorns.
Acorns and chestnuts............  All except Canada and     Same as above...........  Methyl bromide       319.56-2b(a)(3)(ii).....  T-101-u-1.
                                   Mexico.                                             (26'' vacuum).
Yams............................  All (except Japan)......  Internal and external     Methy bromide (NAP)  319.56-21-(a)(2)........  T-101-f-3.
                                                             feeders.
Avocados........................  Medfly-, melon fly-, and  Medfly, melon fly         Methyl bromide       319.56-2o...............  T-108-a.
                                   Oriental fruit fly-       (Batcrocera               (NAP) and cold
                                   infested areas.           cucurbitae), Oriental     treatment.
                                                             fruit fly (b. dorsalis).
Okra............................  Mexico, West Indies,      Pink bollworm             Methyl bromide       319.56-2p(b)(3).........  T-101-p-2.
                                   South America.            (Pectinophora             (NAP).
                                                             gossypiella).

[[Page 25013]]

 
Cherimoya.......................  Chile...................  Chilean false spider      Methyl bromide       319.56-2z(a)(1).........  Methyl bromide: N/
                                                             mite of grapes.           (NAP), soapy water                             A; soapy water and
                                                                                       and wax.                                       wax: T-102-b.
Mangoes.........................  Philippines.............  Bactrocera spp. fruit     Vapor heat.........  319.56-2ii(b)...........  T-106-d-1.
                                                             flies.
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    Also, under Sec.  319.56-2(k) of the current regulations, treatment 
by irradiation in accordance with part 305 may be substituted for other 
treatments in part 305 for one or more of the plant pests listed in 
Sec.  305.31(a). Since the proposed regulations would provide that 
certain commodities be treated in accordance with an approved treatment 
listed in part 305 of the regulations, we are proposing to remove the 
provisions in Sec.  319.56-2(k) regarding the use of irradiation, as 
the use of that treatment is covered under part 305.
    Further, current Sec.  319.56-2n provides that fumigation with 
methyl bromide at normal atmospheric pressure followed by refrigerated 
storage in accordance with part 305 is an approved treatment for the 
Medfly, the oriental fruit fly, and the grape vine moth, and for 
certain pests of grapes and other fruit from Chile. Since all 
provisions contained in current Sec.  319.56-2n would remain in force 
under other sections in the revised regulations (as described in the 
cross reference document), current Sec.  319.56-2n is redundant and 
would be removed.
    In addition to proposing to remove treatment schedules, we are also 
proposing to move to part 305 other provisions of the fruits and 
vegetables regulations that pertain to treatments. Specifically, we are 
proposing to move to Sec.  305.15 the provisions contained in current 
Sec.  319.56-2d, which pertain to the importation of cold treated 
fruits and vegetables. Current Sec.  305.15 already contains 
requirements related to the cold treatment of fruits and vegetables. 
Any provisions contained in current Sec.  319.56-2d that are not 
already present in Sec.  305.15 would be moved into Sec.  305.15. The 
cross reference document shows where the current provisions in Sec.  
319.56-2d would be located in proposed Sec.  305.15.
    Many sections of the fruits and vegetables regulations require 
treatments to be monitored by an inspector (as defined in current Sec.  
319.56-1). We are proposing to remove these provisions from the fruits 
and vegetables regulations, and consolidate them into one new section 
in part 305. Under this proposal, the regulations in a new Sec.  305.3, 
``Monitoring and certification of treatments,'' would require that all 
treatments approved under part 305 be subject to monitoring and 
verification by APHIS. This change would not represent a change in 
program operations.
    Further, we would add provisions to Sec.  305.3 to make clear the 
existing requirement that any approved treatment listed in part 305 
that is performed outside the United States must be monitored and 
certified by APHIS or an official from the plant protection service of 
the exporting country. We would also clarify the current requirement 
that all consignments of agricultural commodities that are treated 
outside the United States to be accompanied by a phytosanitary 
certificate issued by an official of the plant protection service of 
the exporting country certifying that treatment was applied in 
accordance with APHIS regulations. We would require that the 
phytosanitary certificate be provided to APHIS when the commodity is 
offered for entry into the United States. We would also require that 
the commodities must be stored and handled during the entire interval 
between treatment and export in a manner that prevents any infestation 
by plant pests and noxious weeds. These changes are necessary to ensure 
commodities are treated in accordance with APHIS requirements and to 
help ensure that they arrive in the United States free of quarantine 
pests.

Section-by-Section Discussion of Additional Amendments

    Additional proposed amendments to the regulations are discussed 
below, by proposed section.

Notice of Quarantine (Proposed Sec.  319.56-1)

    Current Sec.  319.56, also titled ``Notice of quarantine,'' 
prohibits the importation of fruits and vegetables except as 
specifically provided in the fruits and vegetables regulations or in 
regulations elsewhere in part 319. Proposed Sec.  319.56-1 would 
replace existing Sec.  319.56, and would describe the authority the 
Secretary of Agriculture has to regulate the importation of fruits and 
vegetables.\4\ Proposed Sec.  319.56-1 would also continue to prohibit 
the importation of fruits and vegetables into the United States, except 
as provided in the fruits and vegetables regulations or elsewhere in 
part 319.
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    \4\ The Secretary of Agriculture has delegated authority for the 
formulation, direction, and supervision of APHIS policies, programs, 
and activities to the Administrator of APHIS.
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Definitions (Proposed Sec.  319.56-2)

    The current list of definitions for terms used in the regulations 
is contained in Sec.  319.56-1. Under this proposal, the list would be 
moved to Sec.  319.56-2. We are proposing to remove, revise, and 
relocate definitions for several terms currently defined in Sec.  
319.56-1 and elsewhere in the regulations, as well as to add several 
new definitions. All the new and revised definitions may be found in 
Sec.  319.56-2 in the rule portion of this document.
    Specifically, we are proposing to add definitions for commodity, 
consignment, lot, national plant protection organization, phytosanitary 
certificate, and phytosanitary measure. These additional definitions, 
which will clarify the meaning of terms used in context of the revised 
regulations, can be viewed in the rule portion of this document.
    We are proposing to remove definitions for general written permit 
and specific written permit. Those definitions would be removed because 
the distinction between the two would no longer apply under the 
proposed regulations in Sec.  319.56-3(b). See the discussion of 
permits under Sec.  319.56-3 later in this document for additional 
explanation.
    We are proposing to replace the current definitions for commercial 
shipment with a definition for commercial consignment in order to 
eliminate confusion over what constitutes a ``shipment'' at the port of 
entry into the United States. We would also add a definition for the 
term noncommercial consignment. Since the term consignment has been 
defined in the context of international trade

[[Page 25014]]

agreements, we would use that term in the regulations.
    We are also proposing to move the definition for West Indies found 
in Sec.  319.56-2p of the current regulations into proposed Sec.  
319.56-2.

General Requirements for All Imported Fruits and Vegetables (Proposed 
Sec.  319.56-3)

    As explained earlier in this document, we are proposing to 
consolidate all existing general requirements for imported fruits and 
vegetables into Sec.  319.56-3. These requirements include provisions 
that pertain to:
     Freedom of imported fruits and vegetables from plant 
debris;
     Permits;
     Ports of entry;
     Inspection, treatment, and/or other requirements at the 
port of first arrival;
     Costs and charges for APHIS services; and
     Responsibility for damages arising from quarantine actions 
or procedures.
    The current provisions for these requirements are contained in 
Sec. Sec.  319.56-2 and 319.56-3 through 319.56-8. We propose to amend 
the current general requirements as follows:
Freedom From Plant Debris
    Under current Sec.  319.56-2(a), imported fruits and vegetables 
must be free from plant debris, as that term is defined in the 
regulations. This provision would remain unchanged under this proposal 
and would be relocated in proposed Sec.  319.56-3.
Permits
    Current Sec.  319.56-3 states that, except for fruits or vegetables 
that may be imported under the general written permit provided in Sec.  
319.56-2(b), (c), and (d), or for fruits and vegetables imported under 
an oral permit in accordance with Sec.  319.56-3(d), no fruits or 
vegetables may be imported unless a specific written permit has been 
issued for the fruits or vegetables and unless the fruits or vegetables 
meet all other applicable requirements of the regulations and any other 
requirements specified by APHIS in the specific written permit.
    We believe the distinction between specific and general written 
permits is unnecessarily confusing, since general written permits 
simply authorize, in the text of the regulations, the importation of 
the following commodities without a specific written permit:
     Certain dried, cured, or processed fruits and vegetables 
(except frozen fruits and vegetables);
     Certain fruits and vegetables grown in Canada; and
     Certain fruits and vegetables grown in the British Virgin 
Islands that are imported into the U.S. Virgin Islands.
    Therefore, we are proposing to amend the regulations pertaining to 
permits to state that the commodities described above may be imported 
without a permit, while all other fruits and vegetables must be 
imported under permit, in accordance with proposed Sec.  319.56-3(b). 
The current provisions for importations under oral permits would still 
apply under proposed Sec.  319.56-3(b)(4).
    Other current provisions regarding application for permits; 
issuance of permits; amendment, denial, or withdrawal of permits; and 
appeals (contained in current Sec. Sec.  319.56-3 and 319.56-4) would 
be relocated in paragraphs (b)(2), (b)(3), (b)(5), and (b)(6) of 
proposed Sec.  319.56-3. The provisions for applying for permits would 
also be updated to reflect the various means (mail, fax, Internet) now 
available for applying for permits.
    In this document, we are also proposing to add new provisions to 
the regulations that would authorize APHIS to issue special use permits 
that authorize the importation of small lots of fruits or vegetables 
that are otherwise prohibited importation under the regulations, 
provided that the fruits or vegetables:
     Are not intended for commercial distribution;
     Are to be imported, transported, stored, or held under 
specific conditions that the Administrator has determined will mitigate 
the pest risk posed by the imported fruits or vegetables to the extent 
practicable; and
     Are to be consumed, disposed of, destroyed, or re-exported 
at a time and in a manner and place ordered by an inspector or as 
specified in the permit.
    These provisions would be contained in proposed Sec.  319.56-
3(b)(7), and would provide for the importation of fruits and vegetables 
for special events such as trade shows, for diplomatic presentations, 
and for scientific research. In each case, such imports would only be 
allowed under strict conditions approved by the Administrator to 
address the particular risk posed by the particular imported fruit or 
vegetable.
Ports of Entry
    Some of the current commodity-specific sections of the regulations 
specify the ports of entry into which particular commodities may be 
imported. We propose to remove those provisions and combine them into 
one general provision, to be contained in proposed Sec.  319.56-3(c). 
Proposed Sec.  319.56-3(c) would provide that ports of entry include 
only those listed in the regulations of the Department of Homeland 
Security's Bureau of Customs and Border Protection (CBP) in 19 CFR 
101.3(b)(1), and that fruits and vegetables will be required to be 
imported through specific ports only if so required under Subpart--
Fruits and Vegetables or part 305, or if so required under the 
conditions of a permit issued for the importation of the particular 
fruit or vegetable. This section would also make it clear that fruits 
and vegetables that are to be treated for exotic fruit flies at ports 
in the United States may only be imported into certain ports, as 
provided in proposed Sec.  305.15. Provisions for these requirements 
are contained in Sec.  319.56-2d of the current regulations.
Inspection, Treatment, and Other Requirements
    Requirements currently contained in current Sec.  319.56-6 
pertaining to the arrival of fruits and vegetables at ports of entry, 
inspection and treatment of such fruits and vegetables, notice of 
actions ordered by an inspector, refusal of entry, and release for 
movement would be relocated in proposed Sec.  319.56-3(d). The current 
provisions in Sec.  319.56-5 overlap with the provisions of Sec.  
319.56-6 and other sections, and would be removed.
    Current Sec.  319.56-7 authorizes inspectors to cooperate with 
Customs inspectors in the examination of all baggage or other personal 
belongings of passengers or members of crews of vessels or other 
carriers whenever such examination is deemed necessary for the purpose 
of enforcing the regulations with respect to the entry of any 
prohibited or restricted fruits or vegetables or plants or portions of 
plants which may be contained in the baggage or other belongings of 
such persons. This provision is no longer essential for the purposes of 
enforcing the proposed regulations given the consolidation of APHIS and 
Customs inspection personnel in CBP, and as such, would be removed.
Costs and Charges for APHIS Services
    Current Sec.  319.56-6 provides that APHIS will be responsible only 
for the costs of providing the services of an inspector during 
regularly assigned hours of duty and at the usual places of duty, and 
that the owner of imported fruits or vegetables is responsible for all 
additional costs of inspection, treatment, movement, storage, or 
destruction ordered by an inspector under the regulations, including 
any labor, chemicals, packing materials, or

[[Page 25015]]

other supplies required. Similar provisions regarding costs and charges 
are contained in commodity-specific requirements in Sec. Sec.  319.56-
2a through 319.56-2oo. In this document, we are proposing to 
consolidate all provisions pertaining to costs and charges for 
inspection services into proposed Sec.  319.56-3(e). This change would 
not affect program operations in any way, and would eliminate redundant 
text from the regulations.
Responsibility for Damages Arising From Quarantine Actions or 
Procedures
    Some of the commodity-specific sections in Sec. Sec.  319.56-2a 
through 319.56-2oo provide that USDA assumes no responsibility for any 
damage to imported fruits or vegetables that results from treatments 
required under the regulations. In this document, we are proposing to 
consolidate all provisions pertaining to responsibility for damages 
into proposed Sec.  319.56-3(f). Again, this change would not affect 
program operations in any way and would eliminate redundant text from 
the regulations.

Approval of Certain Fruits and Vegetables for Importation (Proposed 
Sec.  319.56-4)

    Current Sec.  319.56-2(e) provides that any other fruit or 
vegetable, except those restricted to certain countries and districts 
by special quarantine,\5\ other orders, or provisions of the fruits and 
vegetables regulations \6\ may be imported from any country under a 
permit issued in accordance with the fruits and vegetables regulations 
if APHIS, after reviewing evidence presented to it, is satisfied that 
the fruit or vegetable either:
---------------------------------------------------------------------------

    \5\ The imporation of citrus fruits into the United States from 
eastern and southeastern Asia and certain other areas is restricted 
by Subpart--Citrus Fruit, Sec.  319.28.
    \6\ Fruits and vegetables from designated countries or 
localities that are subject to commodity-specific import 
requirements prescribed in the fruits and vegetables regulations are 
not subject to the regulations in Sec.  319.56-2(e) unless specified 
otherwise. Such fruits and vegetables are, however, subject to all 
other general requirements contained in the fruits and vegetables 
regulations.
---------------------------------------------------------------------------

     Is not attached in the country of origin by quarantine 
pests;
     Has been treated or is to be treated for all quarantine 
pests that exist in the country of origin, in accordance with 
conditions and procedures that may be prescribed by the Administrator;
     Is imported from a definite area or district in the 
country of origin that is free from all quarantine pests that attack 
the fruit or vegetable and its importation is in compliance with the 
criteria of Sec.  319.56-2(f); or
     Is imported from a definite area or district of the 
country of origin that is free from quarantine pests that attack the 
fruit or vegetable and the criteria of Sec.  319.56-2(f) are met with 
regard to those quarantine pests, provided that all other quarantine 
pests that attack the fruit or vegetable in the area or district of the 
country of origin have been eliminated from the fruit or vegetable by 
treatment or any other procedures that may be prescribed by the 
Administrator.
    In short, the regulations in Sec.  319.56-2(e) provide that APHIS 
may authorize the importation of a fruit or vegetable by simply issuing 
a permit once it is satisfied that the criteria in that paragraph have 
been met; those regulations do not envision that the fruit or vegetable 
would have to be specifically listed in the regulations in order to be 
eligible for entry. Until 1987, APHIS used those provisions in that 
manner, issuing permits to authorize the entry of eligible fruits and 
vegetables without adding those commodities to the regulations.\7\
---------------------------------------------------------------------------

    \7\ A comprehensive list of fruits and vegetables that are 
approved for importation, including those authorized importation 
under the provisions of Sec.  319.56-2(e) but that are not 
specifically listed in the regulations, may be found in the APHIS's 
manual ``Regulating the Importation of Fruits and Vegetables.'' The 
manual is posted on the Internet at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm.
---------------------------------------------------------------------------

    However, in 1987, in order to increase the transparency of our 
decisionmaking with respect to the importation of fruits and 
vegetables, we elected to begin listing all newly approved fruits and 
vegetables in the regulations through notice-and-comment rulemaking.\8\ 
This approach has afforded the public the opportunity to comment on the 
proposed importation of hundreds of commodities over the years. 
However, the number of requests we receive from foreign exporters and 
domestic importers to amend the regulations has been steadily 
increasing since 1987, and we have concluded that a different approach 
will be necessary if we are to keep pace with the volume of import 
requests. We believe this new approach, which is described in detail 
below, will enable us to be more responsive to the import requests of 
our trading partners while preserving the transparency afforded by the 
approach we initiated in 1987.
---------------------------------------------------------------------------

    \8\ The first rule issued under this policy was finalized on 
November 19, 1992 (see 57 FR 54485-54492, Docket No. 88-143-2).
---------------------------------------------------------------------------

    Using our current process, in order for an additional fruit or 
vegetable to be approved for importation, APHIS, after receiving the 
import request, first gathers information on the commodity and then 
performs a pest risk analysis. The pest risk analysis usually contains 
two main components: (1) A risk assessment, to determine what pests of 
quarantine significance are associated with the proposed import and 
which of those are likely to follow the import pathway, and (2) a risk 
management analysis, to identify phytosanitary measures that could be 
applied to the proposed import and evaluate the potential effectiveness 
of those measures. When the risk analysis is complete, APHIS may then 
propose to allow the importation of the commodity through a proposed 
rule published in the Federal Register. Following its evaluation of 
public comments on the proposal and any other supporting documentation, 
APHIS may then issue a final rule that specifically lists the fruit or 
vegetable, and any applicable phytosanitary measures, in the 
regulations. The results of a pest risk analysis may also reveal that 
the risks posed by a proposed import cannot be sufficiently mitigated 
for a variety of reasons, and such imports continue to be prohibited 
importation into the United States.
    The current process for approving new imports takes a significant 
period of time, ranging on average from 18 months to over 3 years 
(beginning with the initial request and ending with the publication of 
a final rule). In this document, we are proposing to establish a 
regulatory approach that would allow APHIS to approve or reject certain 
fruits and vegetables for importation without specific prior rulemaking 
(as was the case prior to 1987), but in a manner that (unlike our 
process prior to 1987) would provide for public review and comment on 
the scientific documentation on which such decisions would be based. 
The process, which would be codified in proposed Sec.  319.56-4 (see 
the rule portion of this document), would require the publication of 
notices in the Federal Register to advise the public of the findings of 
pest risk analyses, and would invite comment on those analyses prior to 
authorizing any imports.
    We believe the proposed process would measurably speed up the 
evaluation and approval or denial of a large number of requests to 
import additional fruits and vegetables, while continuing to provide 
opportunity for public analysis of and comment on the science 
associated with such imports.
    This proposed process for approving imports would apply only to 
commodities that, based on the findings of risk analysis, we determine 
can be safely imported subject to one or more of the following 
phytosanitary measures, which are referred to

[[Page 25016]]

elsewhere in this document as designated measures:
     Inspection upon arrival in the United States and subject 
to other general requirements of proposed Sec.  319.56-3; and
     Certified origin from a pest-free area in the country of 
origin in accordance with revised Sec.  319.56-5; and/or
     Treatment for pest(s) in accordance with part 305; and/or
     Inspection and certification that commodity is pest free 
in the country of origin by the national plant protection organization 
(NPPO) of the exporting country.
    The importation of fruits and vegetables that require additional 
phytosanitary measures beyond one or more of the designated measures 
cited above would continue to require specific prior rulemaking. For 
ease of discussion in this document, we refer to the proposed 
streamlined process as the ``notice-based process'' and the existing 
process as the ``rulemaking-based process.'' A flowchart to describe 
the process for considering and evaluating commodity import requests 
under the proposed regulations is shown as figure 1. Note that the 
determination as to which process to follow (rulemaking or the notice-
based process) would be based exclusively on the conclusions of risk 
analysis.
BILLING CODE 3410-34-P

[[Page 25017]]

[GRAPHIC] [TIFF OMITTED] TP27AP06.041

BILLING CODE 3410-34-C

[[Page 25018]]

    Using the proposed process, when APHIS receives a request from an 
NPPO \9\ to allow importation of an additional commodity, it would 
gather information on the commodity and conduct a pest risk 
assessment.\10\ When the assessment is complete, if quarantine pests 
are associated with the commodity in the country or other region of 
origin \11\, we would evaluate whether the risk posed by each 
quarantine pest can be mitigated by one or more of the designated 
measures cited previously in this document.\12\ If the designated 
measures alone are not sufficient to mitigate the risk posed by the 
import--i.e., if additional risk mitigation is required beyond one or 
more of the designated phytosanitary measures--any further action on 
approving the commodity for importation would be undertaken using the 
rulemaking-based process for evaluating new imports. However, if APHIS 
determines in a risk management analysis that the risk posed by each 
identified quarantine pest associated with the fruit or vegetable in 
the country or other region of origin can be mitigated by one or more 
of the designated measures, our findings would be communicated using 
the notice-based process; APHIS would publish in the Federal Register, 
for a minimum of 60 days public comment, a notice announcing the 
availability of the pest risk analysis. Each pest risk analysis made 
available for public comment will specify which of the designated 
phytosanitary measures would be required to be applied by APHIS.
---------------------------------------------------------------------------

    \9\ All requests to allow the importation of a currently 
prohibited fruit or vegetable into the United States must be 
submitted by the NPPO of the exporting country to be considered by 
APHIS.
    \10\ On October 28, 2004, we published in the Federal Register 
(69 FR 62823-62829, Docket No. 02-132-1) a proposal to amend the 
regulations by establishing regulations governing the submission of 
requests to change the part 319 import regulations. The proposed 
regulations were designed to help ensure that foreign NPPOs provide 
us with the information we need to prepare a risk analysis and/or 
other analyses that evaluate the risks and other effects associated 
with a proposed change to the regulations. Final action on that 
proposal is pending.
    \11\ Risk analyses could consider a country, part of a country, 
or all or parts of several countries.
    \12\ If no quarantine pests are identified in the PRA as likely 
to follow the pathway, a detailed risk management analysis would 
likely not be performed, but the importation of the commodity would 
still be subject to the general requirements of proposed Sec.  
319.56-3.
---------------------------------------------------------------------------

    The following is a selection of commodities that have been approved 
for importation by APHIS since 2002. Had the proposed regulations been 
in place since that time, commodities in the left column would have 
been evaluated for approval using the notice-based process, while 
commodities in the right column would have been evaluated for approval 
via rulemaking. Note that this list is not comprehensive; not all 
recently approved commodities are listed.

------------------------------------------------------------------------
    Notice-based process candidates            Rulemaking required
------------------------------------------------------------------------
Blueberries from South America (70 FR    Peppers from Central America
 16431).                                  (71 FR 11288).
Peppers from Chile (67 FR 61547).......  Fragrant Pears from China (70
                                          FR 76133).
Basil from Honduras (67 FR 61547)......  Papayas from Brazil and Central
                                          America (70 FR 16431).
Longans from China (67 FR 61547).......  Citrus from Chile (69 FR
                                          71691).
Persimmon from Spain (67 FR 61547).....  Hass avocados from Mexico (69
                                          FR 69748).
Fig from Mexico (67 FR 61547)..........  Grapes from the Republic of
                                          Korea (68 FR 70448).
Citrus from Australia (67 FR 61547)....  Clementines from Spain (67 FR
                                          64702).
------------------------------------------------------------------------

    Under the streamlined process, APHIS would evaluate comments 
received in response to our notice of availability of the risk 
analysis. In the event that we receive no comments, or in the event 
that commenters do not provide APHIS with analysis or data to reveal 
that the conclusions of the pest risk analysis are incorrect and that 
changes to the pest risk analysis are necessary, APHIS would then 
publish another notice in the Federal Register announcing that the 
Administrator has determined that, based on the information available, 
the application of one or more of the designated measures described 
above (and as specified in a given pest risk analysis) is sufficient to 
mitigate the risk that plant pests or noxious weeds could be introduced 
into or disseminated within the United States via the imported fruit or 
vegetable. APHIS would begin issuing import permits for the particular 
commodity, subject to the conditions described in the pest risk 
analysis, beginning on the date the Federal Register notice is 
published.
    In the event that commenters provide APHIS with analysis or data 
that reveals that changes to the pest risk analysis are necessary, and 
if the changes made affect the conclusions of the analysis (i.e., that 
inspection and origin from a pest-free area and/or treatment are not 
sufficient to mitigate the risk posed by the identified pests), APHIS 
would proceed as follows:
     If additional phytosanitary measures beyond the designated 
measures described earlier in this document are determined to be 
necessary to mitigate the risk posed by the particular imported fruit 
or vegetable to the extent practicable, as determined by the 
Administrator, any further action on the commodity would follow the 
rulemaking-based process.
     If additional risk mitigation beyond the measures 
evaluated in the pest risk analysis is determined to be required, but 
the measures still only include one or more of the designated measures 
described earlier in this document, APHIS may publish another notice 
announcing that the Administrator has determined that, based on the 
information available, the application of one or more of the designated 
measures described earlier in this document is sufficient to mitigate 
the risk that plant pests or noxious weeds could be introduced into or 
disseminated within the United States via the imported fruit or 
vegetable. APHIS would begin issuing import permits for the particular 
commodity, subject to the conditions described in the revised pest risk 
analysis, beginning on the date specified in the Federal Register 
notice. Alternately, if APHIS believes that the revisions to the pest 
risk analysis are substantial, and that there may be continued 
uncertainty as to whether the designated measures are sufficient to 
mitigate the risk posed by the fruit or vegetable, APHIS may elect to 
make the revised risk analysis available for public comment via a 
notice in the Federal Register, or may make any further action on 
approving the commodity for importation subject to rulemaking.
    Note that APHIS does not set policy or regulatory requirements 
based on issues of economic competitiveness; our authority is tied to 
risk, and therefore our decisionmaking is based on an analysis of risk. 
While the proposed process would not preclude the submission of 
comments regarding

[[Page 25019]]

issues unrelated to risk, comments on issues such as economic 
competitiveness (e.g., comments that the proposed import would result 
in decreased sales for domestic producers of the same commodity) would 
not merit a detailed response by APHIS. This proposal would allow APHIS 
to focus public discussion on the analysis of pest risk, which is the 
primary basis for our decisionmaking. We believe this policy is 
consistent with the provisions of the Plant Protection Act, as well as 
international trade agreements.
    The notice-based process would employ the use of Federal Register 
notices to communicate APHIS's consideration and approval or denial of 
requests that were previously only approved via rulemaking. As 
described above, Federal Register notices would be used to announce the 
availability of pest risk analyses for public comment. Federal Register 
notices would also be used to announce when the Administrator has 
determined that a particular commodity that has been subject to risk 
analysis and public comment can, based on the findings of pest risk 
analysis, be approved for importation into the United States. These 
notices would make clear the conditions under which such importations 
could occur (i.e., subject to inspection, and, if necessary, origin 
from a pest-free area and/or treatment), and would state that APHIS 
will immediately begin issuing permits for the importation of the 
commodity. As described later in this document, these notices would 
also be used to make available any documentation of our consideration 
of the potential effects of the new imports on the environment, as 
required under the National Environmental Policy Act, as well as any 
other analyses determined by APHIS to be necessary under other Federal 
Statutes, such as the Endangered Species Act.
    If the notice-based process is adopted for use by APHIS, we would 
not list commodities approved under this approach in the regulations, 
though such commodities would be listed in APHIS's fruits and 
vegetables manual and the documentation supporting their approval would 
be made available on the Internet; we also would remove from the 
regulations those listed commodities that are currently approved for 
importation subject to one or more of the designated measures described 
earlier in this document. Consequently, the lists of commodities 
contained in current Sec. Sec.  319.56-2t and 319.56-2x would be 
removed, as would a number of other provisions in current commodity-
specific sections in the regulations that authorize importation of 
specific fruits or vegetables in accordance with one or more of the 
designated measures.\13\ The following current sections would be 
removed for this reason:
---------------------------------------------------------------------------

    \13\ Some commodities listed in Sec. Sec.  319.56-2g, 319.56-2t, 
and 319.56-2x are allowed importation subject to additional measures 
beyond the designated measures described earlier in this document. 
Those commodities would be required to be imported in accordance 
with proposed Sec.  319.56-13, and would remain subject to the same 
restrictions as currently apply to their importation. Commodities 
that require such additional measures (e.g., box marking or 
specified stages of ripeness) would continue to be authorized 
importation through specific rulemaking.

     Sec.  319.56-2e, ``Administrative instructions; 
conditions governing the entry of cipollini from Morocco;''
     Sec.  319.56-2g, ``Administrative instructions 
prescribing method of treatment of garlic from specified 
countries;''
     Sec.  319.56-2h, ``Regulations governing the entry of 
grapes from Australia;''
     Sec.  319.56-2i, ``Administrative instructions 
prescribing treatments for mangoes from Central America, South 
America, and the West Indies;''
     Sec.  319.56-2k, ``Administrative instructions 
prescribing method of fumigation of field-grown grapes from 
specified countries;''
     Sec.  319.56-2l, ``Administrative instructions 
prescribing method of treatment of imported yams;''
     Sec.  319.56-2m, ``Administrative instructions 
prescribing method of fumigation of apricots, grapes, nectarines, 
peaches, plumcot, and plums from Chile;''
     Sec.  319.56-2n, ``Administrative instructions 
prescribing a combination treatment of fumigation plus refrigeration 
for certain fruits;''
     Sec.  319.56-2o, ``Administrative instructions 
prescribing method of treatment of avocados for the Mediterranean 
fruit fly, the melon fly, and the Oriental fruit fly;''
     Sec.  319.56-2q, ``Administrative instructions: 
Conditions governing the entry of citrus from South Africa;''
     Sec.  319.56-2v, ``Conditions governing the entry of 
citrus from Australia;'' and
     Sec.  319.56-2z, ``Administrative instructions 
governing the entry of cherimoyas from Chile.''

    Additionally, paragraphs (b) and (c) of Sec.  319.56-2y (pertaining 
to the importation of cantaloupe, honeydew melons, and watermelon from 
Brazil and Venezuela) would also be removed for the same reason.
    As explained earlier in this document, the same restrictions that 
currently apply under the sections listed above would continue to 
apply.
    We recognize that removing a large number of commodities from the 
regulations may cause some confusion as to whether a particular 
commodity is approved for importation into the United States, and under 
what conditions. However, for many years, APHIS has maintained a fruits 
and vegetables manual that was designed to be a hands-on reference for 
our inspectors. The manual is a complete reference for all approved 
fruit and vegetable imports: In addition to mirroring or referencing 
requirements for all commodities whose importation is authorized under 
the regulations, the manual contains listings and requirements for 
fruits and vegetables that had been authorized importation prior to 
September 30, 1987, and that continue to be allowed importation under 
permit and subject to the same conditions that were applied prior to 
that date, but that are not specifically listed in the regulations. The 
manual is available for viewing on the APHIS Web site at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm, and is frequently 
used by importers and other interested persons, in addition to APHIS 
personnel.
    Under this proposal, commodities that meet the requirements in 
proposed Sec.  319.56-4 would be added to the manual, but not the 
regulations. Furthermore, the manual will list which of the designated 
measures apply to such commodities. Note that before we would publish 
any final rule amending the regulations as described in this document, 
APHIS intends to revise the manual to simplify it and make it easier to 
use. We are in early stages of converting the manual into a searchable 
database that will allow interested persons to search by commodity or 
by country, and that will list clearly the conditions that apply to 
each particular commodity from a specified country. A searchable 
database is already available at: https://manuals.cphst.org/q56/Q56Main.cfm, but we are planning to replace it with one that is easier 
to use and understand. We envision the revised manual as a 
comprehensive source for all types of users: inspectors, importers, and 
other members of the public.
    We would also include in proposed Sec.  319.56-4 provisions that 
would allow APHIS to amend import requirements or withdraw approval of 
particular commodities whose importation is approved under Sec.  
319.56-4. Specifically, APHIS could amend import requirements if we 
determine that the designated phytosanitary measures are not sufficient 
to mitigate the risk posed by the particular fruit or vegetable. This 
could occur due to interceptions of new pests in imported fruits or 
vegetables or the discovery of types of new evidence of risk. Under 
this provision, APHIS could prohibit or further restrict importation of 
the

[[Page 25020]]

particular fruit or vegetable by publishing a notice in the Federal 
Register advising the public of its finding. In such cases, APHIS would 
take immediate action as appropriate at ports of entry, and would 
follow such action as quickly as practicable with notice in the Federal 
Register. The notice would specify the amended import requirements, 
provide an effective date for the change, and would invite public 
comment on the subject. It is likely that most such actions would be 
effective immediately, in order to address newly identified risks in 
timely fashion; however, if there is uncertainty as to the risk posed, 
APHIS may request comment on a change in import conditions prior to 
making such a change effective.
    We would also encourage parties interested in being informed of 
changes to our import policies, such as those proposed in this rule, to 
register for APHIS''s stakeholder registry at https://web01.aphis.usda.gov/PPQStakeWeb2.nsf. Persons who register and who 
select ``plant imports'' and ``fruits and vegetables'' as topics of 
interest would be notified when changes to our fruit and vegetable 
import policies are made, including when we make import risk analyses 
available for comment or approve new imports using the proposed 
process.
Commercial Shipments
    Often, pest risk analyses for the importation of new commodities 
consider only the risks posed by commercially produced and shipped 
fruit; non-commercial shipments may pose an entirely different pest 
risk than commercial shipments. Currently, and as indicated elsewhere 
in this document (see proposed Sec.  319.56-13), many fruits and 
vegetables may only be imported in commercial shipments for that 
reason. We are inviting comment on whether we should add ``commercial 
shipments only'' as a fifth designated measure under the proposed 
regulations in Sec.  319.56-4.

Pest-Free Areas (Proposed Sec.  319.56-5)

    Current Sec.  319.56-2(e) establishes area freedom from pests as a 
phytosanitary measure for the purposes of the fruits and vegetables 
regulations. Under Sec.  319.56-2(e), fruits and vegetables (except 
those for which there are commodity-specific provisions in the fruits 
and vegetables regulations or elsewhere in part 319) may be imported 
under a permit and upon compliance with the regulations, if APHIS is 
satisfied that the fruit or vegetable either:
     Is not attacked in the country of origin by quarantine 
pests;
     Is imported from a definite area or district in the 
country of origin that is free from all quarantine pests that attack 
the fruit or vegetable, and the area or district meets APHIS 
requirements in Sec.  319.56-2(f) for pest freedom; or
     Is imported from a definite area or district of the 
country of origin that is free from quarantine pests that attack the 
fruit or vegetable, and the area or district meets APHIS requirements 
in Sec.  319.56-2(f) for pest freedom, provided that all other 
quarantine pests that attack the fruit or vegetable in the area or 
district of the country of origin have been eliminated from the fruit 
or vegetable by treatment or any other procedures that may be 
prescribed by the Administrator.
    Currently, APHIS-approved pest-free areas in foreign countries are 
listed in Sec.  319.56-2 (h) and (j) and in various commodity-specific 
sections of the fruits and vegetables regulations (e.g., Sec. Sec.  
319.56-2q, 319.56-2v, 319.56-2y, 319.56-2ii). A comprehensive list of 
pest-free areas that currently meet APHIS standards may be viewed on 
the Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov.).
    APHIS currently recognizes changes in the pest-free status of 
countries via rulemaking. For example, if an area within a country 
where fruit flies are known to exist is determined to be free of fruit 
flies, in order for a fruit or vegetable that is a fruit fly host to be 
imported from that area without treatment or other mitigation for fruit 
flies, APHIS lists the specific area in the regulations as a fruit fly-
free area. If changes in the pest-free status of such areas occur, 
APHIS again revises the regulations to recognize the change. Given the 
time it takes to propose a change to the regulations, accept comments 
on the proposal, and publish a final rule amending the regulations, the 
regulations often do not reflect the actual status of a particular 
area.
    In this document, we are proposing to establish criteria within the 
egulations that, if met, would allow APHIS to be more responsive in 
recognizing changes in the pest-free status of foreign areas. Under 
proposed Sec.  319.56-5, when APHIS is provided with evidence that the 
pest-free status of a foreign area has changed, we will publish in the 
Federal Register a notice announcing the change in status and take 
public comments on the notice for 60 days. The notice would make 
available copies of the information showing that the area in question 
meets the following criteria (which are the same criteria provided in 
the current regulations):
    (1) APHIS made a determination that the area is free of specified 
pest(s) in accordance with the criteria for establishing freedom from 
pests found in International Standard for Phytosanitary Measures No. 4, 
``Requirements for the establishment of pest free areas.'' (The 
international standard was established by the International Plant 
Protection Convention of the United Nations' Food and Agriculture 
Organization and is incorporated by reference at 7 CFR 300.5.)
    (2) APHIS has approved the survey protocol used to determine and 
maintain pest-free status, as well as protocols for actions to be 
performed upon detection of a pest. (Pest-free areas are subject to 
audit by APHIS to verify their status.)
    If public comments submitted to APHIS provide evidence that our 
determination of pest-freedom is incorrect, APHIS would announce in a 
subsequent Federal Register notice that the status of the area in 
question has changed.
    A comprehensive list of pest-free areas would continue to be made 
available by APHIS on the Internet, but no such list would be contained 
in the regulations. Rather, the regulations would simply identify the 
standards an area must meet to be considered pest free, as shown in 
proposed Sec.  319.56-5.
    In conjunction with this proposed change, we would also include a 
provision in proposed Sec.  319.56-5 regarding how we would acknowledge 
the decertification of pest-free areas. In the event of pest 
infestation in an approved pest-free area, APHIS would publish in the 
Federal Register a notice announcing that the pest-free status of the 
area in question has been withdrawn, and that imports of host crops for 
the pest in question are subject to application of an approved 
treatment. If a treatment for the pest is not available, the imports 
would be prohibited importation. In order for a decertified pest-free 
area to be reinstated, it would have to be approved by APHIS and meet 
the criteria for establishing freedom from pests found in International 
Standard for Phytosanitary Measures No. 4, ``Requirements for the 
establishment of pest free areas.''
    In addition to the proposed changes described above, we would 
consolidate existing restrictions on fruits and vegetables imported 
from pest-free areas into proposed Sec.  319.56-5, including 
requirements for labeling of fruits and vegetables. Requirements for 
labeling

[[Page 25021]]

are currently contained in Sec.  319.56-2(g). Additionally, we would 
clarify the existing requirement that the imported fruits and 
vegetables would have to be accompanied by a phytosanitary certificate 
bearing an additional declaration that the fruits or vegetables 
originated in a pest-free area that meets the requirements of Sec.  
319.56-5(a) and (b).
    Also, in conjunction with this change, we would clarify and 
strengthen the current requirements in Sec.  319.56-2(g) regarding 
safeguarding of fruits and vegetables that are imported from pest-free 
areas. We would require fruits or vegetables moved from a pest-free 
area into or through a non-free area to be safeguarded during the time 
they are present in a non-free area by insect-proof mesh screens or 
plastic tarpaulins, including while in transit to the packing house and 
while awaiting packaging. Further, we would require fruits or 
vegetables that are moved through a non-free area during transit to a 
port to be packed in insect-proof cartons or containers or be covered 
by insect-proof mesh or plastic tarpaulins during transit to the port 
and subsequent export to the United States. These safeguards would 
provide necessary protection of imported commodities against pest 
infestation while they are in transit to the United States and are 
consistent with standard operating procedures of all current programs 
for the export of fruits or vegetables from pest-free areas.

Trust Fund Agreements (Proposed Sec.  319.56-6)

    Several of the current commodity-specific regulations contain 
provisions regarding the establishment of trust funds for the payments 
of APHIS services that are provided in foreign countries. The language 
of those provisions is generally consistent from one section to 
another, and as a result, the regulations contain a great deal of 
redundant text. To eliminate the redundant text, we propose to simplify 
the language in each section where it exists, and reference a new 
general trust fund provision, to be contained in proposed Sec.  319.56-
6. This change is purely editorial in nature and would not affect the 
operation of any current or future APHIS programs. The following 
sections of the current regulations contain trust fund agreement 
stipulations that would be amended under this proposal: Sec. Sec.  
319.56-2h, 319.56-2r, 319.56-2s, 319.56-2z, 319.56-2cc, 319.56-2dd, 
319.56-2ff, 319.56-2ii, 319.56-2jj, and 319.56-2mm.

Territorial Applicability and Exceptions (Proposed Sec.  319.56-7)

    The regulations in ``Subpart--Fruits and Vegetables'' generally 
apply to fruits and vegetables imported into any U.S. State, including 
U.S. territories and possessions. However, the regulations also provide 
for the importation of certain fruits and vegetables into certain 
territories and possessions under conditions that differ from the 
conditions that apply to importations into the rest of the United 
States. For example, current Sec.  319.56a contains special 
restrictions that apply to the importation of fruits and vegetables 
into Guam. Also, Sec.  319.56-2(d) contains restrictions that apply to 
the importation of fruits and vegetables into the U.S. Virgin Islands 
from the British Virgin Islands. Additional provisions pertaining to 
importations of fruits and vegetables into U.S. territories are located 
in current Sec. Sec.  319.56, 319.56-2, 319.56-2a, and Sec.  319.56-8.
    We are proposing to simplify the regulations by consolidating all 
territorial import requirements into one section, proposed Sec.  
319.56-7. The requirements pertaining to Guam would be contained in 
proposed Sec.  319.56-7(b), and requirements pertaining to the U.S. 
Virgin Islands would be contained in proposed Sec.  319.56-7(c). In 
conjunction with these changes, we are proposing to amend the existing 
territorial import requirements to update place names, to reflect 
changes in political associations, and to update import conditions 
based on changes in pest prevalence in exporting countries.
    Specifically, we would remove the provision in current Sec.  
319.56-2a(a)(1) regarding imports from the Marianas Islands into Guam. 
The entire Marianas Island Archipelago, except Guam, is part of the 
Commonwealth of the Northern Marianas Islands (CNMI), which is under 
U.S. administration. Any requirements pertaining to movements of fruits 
and vegetables into Guam from other U.S. States (as defined in proposed 
Sec.  319.56-2 to include CNMI) should be located in 7 CFR part 318--
Hawaiian and Territorial Quarantine Notices. However, the regulations 
in part 318 are outdated and do not cover movements of fruits and 
vegetables from CNMI to the continental United States. The regulations 
in part 318 require additional amendment; however, the additional 
amendments are outside the scope of this proposal, which focuses on the 
revision of the fruits and vegetables regulations. Therefore, we would 
make no changes to part 318 in this action, but would make the 
necessary revisions to part 318 in a separate rulemaking. In the 
meantime, we would continue to administratively enforce restrictions on 
the movement of fruits and vegetables from CNMI.
    We would update references to the Caroline Islands in Sec.  
319.56a(a)(3) and Netherlands New Guinea in Sec.  319.56a(a)(8). The 
Caroline Islands are currently known as Palau and the Federated States 
of Micronesia, and Netherlands New Guinea is currently known as Papua 
New Guinea.
    The current regulations in Sec.  319.56a provide that Allium spp. 
may be imported into Guam without treatment. We are proposing to 
clarify that only Allium spp. without tops may be imported into Guam, 
due to the presence of the leaf tip die back disease, Mycosphaerella 
schoenoprasi, and exotic species of leaf miners of Allium spp. in 
countries that regularly trade with Guam. Those pests, which are 
associated with the Allium spp. tops and are not pests of Allium spp. 
bulbs, are not present in Guam. The restrictions on the importation of 
Allium spp. tops is necessary to prevent the introduction of 
Mycosphaerella schoenoprasi and exotic species of leaf miners into 
Guam.
    In addition, we would remove the provision in current Sec.  
319.56a(d) that prohibits the importation of coconuts with husks into 
Guam from the Trust Territory (i.e., the former U.N. Trust Territory of 
the Pacific under U.S. administration, now Palau, the Marshall Islands, 
the Northern Mariana Islands, and the Federated States of Micronesia). 
Under proposed Sec.  319.56-7(b)(1)(xi), all fruits and vegetables 
approved for entry into any other part or port of the United States may 
be imported into Guam; and coconuts without husks are eligible for 
importation into all U.S. States under the provisions of proposed Sec.  
319.56-4. Coconuts with husks are not approved for importation into the 
United States under the regulations.
    We would also remove the provisions in current Sec.  319.56a(e), 
which state that application of the provisions of current Sec. Sec.  
319.56-2d, 319.56-2e, 319.56-2g, 319.56-2k, 319.56-2l, and 319.56-2p is 
impracticable in the case of traffic into Guam (due to lack of 
treatment facilities) and therefore such application is withdrawn. Guam 
now has a treatment facility adequate to treat commodities enterable 
under the sections cited above, and therefore, current Sec.  319.56a(e) 
is no longer accurate.
    We would also remove a provision now in Sec.  319.56(c) that 
provides that the Administrator may, by permit, authorize importations 
into Guam under

[[Page 25022]]

conditions specified in the permit that are less stringent than those 
contained in ``Subpart--Fruits and Vegetables.'' The proposed special 
use permit regulations in Sec.  319.56-3(b)(7) would provide an 
equivalent means for authorizing the importation of fruits and 
vegetables into Guam as is currently allowed under Sec.  319.56(c).
    Sections 319.56-8 through 319.56-9 would be reserved to provide 
additional space in ``Subpart--Fruits and Vegetables'' for future 
amendments, should such amendments be needed.

Importation of Fruits and Vegetables From Canada (Proposed Sec.  
319.56-10)

    Under current Sec.  319.56-2(c), fruits and vegetables grown in 
Canada (except potatoes from Newfoundland and that portion of the 
Municipality of Central Saanich in the Province of British Columbia 
east of the West Saanich Road) may be imported into the United States 
without further restriction. This provision would remain unchanged 
under this proposal and would be relocated in proposed Sec.  319.56-10.

Importation of Dried, Cured, or Processed Fruits, Vegetables, Nuts, and 
Legumes (Proposed Sec.  319.56-11)

    Under current Sec.  319.56-2, dried, cured, or processed fruits, 
vegetables, nuts, and legumes are allowed importation into the United 
States without a permit or phytosanitary certificate, unless the 
regulations specifically provide otherwise. Exceptions are contained in 
Sec. Sec.  319.56-2a and 319.56-2b. Under the proposed regulations, the 
provisions regarding importation of coconuts into Guam from the Trust 
Territory would be removed, and the remaining exceptions would be moved 
to proposed Sec.  319.56-11, for the same reasons described under the 
description of proposed Sec.  319.56-7 above.
    The provisions regarding exceptions would also be reorganized and 
simplified. Enforceable provisions would remain unchanged, except that 
we would add a new provision prohibiting the importation of macadamia 
nuts in the husk or shell from all countries or regions, except from 
St. Eustatius. This proposed provision is consistent with current APHIS 
policy on the importation of macadamia nuts and is necessary to protect 
against the introduction of exotic pests associated with macadamia nuts 
from foreign countries or regions other than St. Eustatius. Any imports 
of macadamia nuts in the husk or shell from other countries or regions 
would be contingent on the findings of pest risk analysis.

Importation of Frozen Fruits and Vegetables (Proposed Sec.  319.56-12)

    Current Sec.  319.56-2c prescribes quick freezing in accordance 
with part 305 as a satisfactory treatment for all fruits and vegetables 
enterable under permit under Sec.  319.56. Such frozen fruits and 
vegetables may be imported from any country under permit, in compliance 
with Sec. Sec.  319.56-1 through 319.56-7 (exclusive of non-related 
administrative instructions), at ports authorized in the permits. The 
regulations also provide that the importation of frozen fruits and 
vegetables is not authorized when such fruits and vegetables are 
subject to attack in the area of origin by plant pests that may not, in 
the judgment of the Administrator, be destroyed by freezing.
    We are proposing to simplify the text of the requirements for 
importing frozen fruits and vegetables to provide that frozen fruits 
and vegetables may be imported into the United States only if they are 
quick frozen in accordance with part 305. The regulations would also 
provide that the importation of certain frozen fruits and vegetables is 
not authorized when the fruits and vegetables are subject to attack in 
the area of origin by plant pests that may not be destroyed by 
freezing. These provisions would be located in proposed Sec.  319.56-
12. These changes are not substantive and would not affect existing 
entry requirements for imported frozen fruits and vegetables.

Additional Requirements for Certain Fruits and Vegetables (Proposed 
Sec.  319.56-13)

    The majority of fruits and vegetables listed in current Sec.  
319.56-2t are allowed importation into the United States subject to 
inspection and other universal requirements. Similarly, the majority of 
fruits and vegetables listed in current Sec.  319.56-2x are allowed 
importation into the United States with treatment, in addition to 
inspection and other universal requirements. In addition, under Sec.  
319.56-2g, garlic may be imported from certain countries with 
treatment, in addition to inspection and other universal requirements. 
As explained elsewhere in this document, most such commodities would no 
longer be listed in the regulations under this proposal. However, as 
also explained earlier in this document, some commodities listed in 
current Sec. Sec.  319.56-2g, 319.56-2t and 319.56-2x, as well as some 
commodities not listed in the regulations but that are allowed 
importation under permit in accordance with Sec.  319.56-2(e), are 
allowed importation subject to additional measures beyond inspection 
and treatment. We are proposing to list those commodities, and any 
requirements that apply to their importation beyond the general 
requirements of Sec.  319.56-3, in Sec.  319.56-13. Such commodities 
would remain subject to the same restrictions that currently apply to 
their importation. See proposed Sec.  319.56-13 for a list of 
commodities and applicable requirements. Authorization of additional 
commodities subject to any of these additional measures or measures 
other than the designated measures described earlier in this document 
would continue to require prior specific rulemaking.
    Sections 319.56-14 through 319.56-19 would be reserved to provide 
additional space in ``Subpart--Fruits and Vegetables'' for future 
amendments, should such amendments be needed.

Commodity-Specific Provisions (Proposed Sec. Sec.  319.56-20 Through 
319.56-40)

    Sections 319.56-2a through 319.56-2oo contain restrictions on the 
importation of specific commodities. As explained elsewhere in this 
document, a number of these sections will be removed if this proposal 
is adopted. However, all or part of the following sections would be 
retained under this proposal:

     Sec.  319.56-2j, ``Conditions governing the entry of 
apples and pears from Australia (including Tasmania) and New 
Zealand;''
     Sec.  319.56-2p, ``Administrative instructions 
prescribing treatment and relieving restrictions regarding 
importation of okra from Mexico, the West Indies, and certain 
countries in South America;''
     Sec.  319.56-2r, ``Administrative instructions 
governing the entry of apples and pears from certain countries in 
Europe;''
     Sec.  319.56-2s, ``Administrative instructions 
governing the entry of apricots, nectarines, peaches, plumcot, and 
plums from Chile;''
     Sec.  319.56-2u, ``Conditions governing the entry of 
lettuce and peppers from Israel;''
     Sec.  319.56-2w, ``Administrative instruction; 
conditions governing the entry of papayas from Central America and 
Brazil;''
     Sec.  319.56-2y, ``Conditions governing the entry of 
melon and watermelon from certain countries in South America;''
     Sec.  319.56-2aa, ``Conditions governing the entry of 
watermelon, squash, cucumber, and oriental melon from the Republic 
of Korea;''
     Sec.  319.56-2cc, ``Administrative instructions 
governing the entry of Fuji variety apples from Japan and the 
Republic of Korea;''
     Sec.  319.56-2dd, ``Administrative instructions: 
conditions governing the entry of tomatoes;''
     Sec.  319.56-2ee, ``Administrative instructions: 
Conditions governing the entry of Ya variety pears from China;''
     Sec.  319.56-2ff, ``Administrative instructions 
governing movement of Hass

[[Page 25023]]

avocados from Michoacan, Mexico, to approved States;''
     Sec.  319.56-2gg, ``Administrative instructions; 
conditions governing the entry of peppers from Spain;''
     Sec.  319.56-2hh, ``Conditions governing the entry of 
peppers from New Zealand;''
     Sec.  319.56-2ii, ``Administrative instructions: 
conditions governing the entry of mangoes from the Philippines;''
     Sec.  319.56-2jj, ``Administrative instructions; 
conditions governing the importation of clementines from Spain;''
     Sec.  319.56-2kk, ``Persimmons from the Republic of 
Korea.''
     Sec.  319.56-2ll, ``Conditions governing the entry of 
grapes from the Republic of Korea;''
     Sec.  319.56-2mm, ``Conditions governing the 
importation of clementines, mandarins, and tangerines from Chile.''
     Sec.  319.56-2nn, ``Administrative instructions: 
Conditions governing the entry of fragrant pears from China.'' and
     Sec.  319.56-2oo, ``Administrative instructions: 
Conditions governing the entry of peppers from certain Central 
American countries.''

    Under this proposal, some or all of the provisions contained in the 
sections listed above would be relocated to new sections of the 
proposed regulations, as shown in the cross reference document. In some 
cases, we would make no revisions to the actual content of the 
sections, but simply change paragraph and section designations. In 
other cases, we are proposing to amend the text to make the regulations 
easier to understand, to correct errors, or to update them to reflect 
current APHIS operating procedures. None of these changes would 
represent significant changes in import policy. Proposed changes that 
are substantive in nature are described first, by section. Non-
substantive editorial changes are described next, also by section.

Proposed Substantive Revisions

Okra From Certain Countries (Proposed Sec.  319.56-21)

    Current Sec.  319.56-2p contains varying restrictions on the 
importation of okra from countries where the pink bollworm 
(Pectinophora gossypiella) is known to exist. The regulations are 
outdated, and contain differing restrictions for the importation of 
okra from countries even though the regulations are all aimed at 
excluding pink bollworm from the United States, and despite the fact 
that the conditions in the regulations are inconsistent with those 
enforced by inspectors at ports of entry. Under this proposal, the 
majority of provisions contained in current Sec.  319.56-2p would be 
relocated to proposed Sec.  319.56-21, and all imports from pink 
bollworm-infested areas would be subject to the same requirements. The 
proposed revisions would bring our okra import regulations up to date 
with current practice and would make the import provisions equivalent 
to our domestic regulations that pertain to pink bollworm (7 CFR 301.52 
through 301.52-10).

Apricots, Nectarines, Peaches, Plumcot, and Plums From Chile (Proposed 
Sec.  319.56-23)

    Current Sec.  319.56-2s contains restrictions on the importation of 
apricots, nectarines, peaches, plumcot, and plums from Chile. Under 
this proposal, all provisions contained in current Sec.  319.56-2s 
would be relocated to proposed Sec.  319.56-23, except that the 
provision in Sec.  319.56-2s(b) pertaining to trust fund agreements 
would be amended and become part of revised Sec.  319.56-6, as 
explained earlier in this document. In addition, we would update the 
provisions in current paragraph (d)(1) to ensure the regulations 
reflect current APHIS operating practices regarding biometric sampling 
of fruit. The sampling regimens specified in the current regulations 
would be removed and replaced with provisions that require sampling, 
but which do not specify the percentage of fruit to be sampled or the 
confidence level of the inspection. This change is necessary because 
sampling levels change depending on the pest dynamics associated with 
the commodity being imported, and the regulations should be designed to 
account for appropriate increases or decreases in sampling rates.

Tomatoes From Certain Countries (Proposed Sec.  319.56-28)

    Current Sec.  319.56-2dd contains restrictions on the importation 
of tomatoes from certain countries. Under this proposal, all provisions 
contained in current Sec.  319.56-2dd would be relocated to proposed 
Sec.  319.56-28, except that: (1) The provision in Sec.  319.56-
2dd(d)(3) pertaining to trust fund agreements would be amended and 
become part of revised Sec.  319.56-6, as explained earlier in this 
document; and (2) the various provisions pertaining to packing and 
safeguarding of tomatoes would be amended to require tomatoes to be 
safeguarded from the time of harvest through export by insect-proof 
mesh screens or plastic tarpaulins, including while in transit to the 
packing house and while awaiting packaging. In addition, tomatoes would 
be required to be packed in insect-proof cartons or containers, or 
covered by insect-proof mesh or plastic tarpaulins during transit to 
the airport and subsequent export to the United States. These proposed 
revisions are necessary to ensure that tomatoes are safeguarded against 
insect infestation prior to shipment to the United States. The current 
regulations require packaging and containers to be fruit fly-proof, not 
insect-proof.

Proposed Non-Substantive Revisions

Apples and Pears From Australia (Including Tasmania) and New Zealand 
(Proposed Sec.  319.56-20)

    Current Sec.  319.56-2j contains restrictions on the importation of 
apples and pears from Australia (including Tasmania) and New Zealand. 
Under this proposal, most provisions contained in current Sec.  319.56-
2j would be relocated to proposed Sec.  319.56-20.\14\ This change 
would not substantively affect the current regulations, but would make 
them easier to understand.
---------------------------------------------------------------------------

    \14\ As explained elsewhere in this document, general provisions 
such as those contained in Sec.  319.56-2j(a)(3) through (a)(6) 
would be consolidated into provisions of general applicability 
(universal requirements) in proposed Sec. Sec.  319.56-3 and 305.3.
---------------------------------------------------------------------------

Apples and Pears From Certain Countries in Europe (Proposed Sec.  
319.56-22)

    Current Sec.  319.56-2r contains restrictions on the importation of 
apples and pears from certain countries in Europe. Under this proposal, 
all provisions contained in current Sec.  319.56-2r would be relocated 
to proposed Sec.  319.56-22, except that the provision in Sec.  319.56-
2r(b) pertaining to trust fund agreements would be amended and become 
part of proposed Sec.  319.56-6, as explained earlier in this document.

Lettuce and Peppers From Israel (Proposed Sec.  319.56-24)

    Current Sec.  319.56-2u contains restrictions on the importation of 
lettuce and peppers from Israel. Under this proposal, all provisions 
contained in current Sec.  319.56-2u would be relocated to proposed 
Sec.  319.56-24.

Papayas From Central America and Brazil (Proposed Sec.  319.56-25)

    Current Sec.  319.56-2w contains restrictions on the importation of 
papayas from Central America and Brazil. Under this proposal, all 
provisions contained in current Sec.  319.56-2w would be relocated to 
proposed Sec.  319.56-25.

Melon and Watermelon From Certain countries in South America (Proposed 
Sec.  319.56-26)

    Current Sec.  319.56-2y contains restrictions on the importation of 
melon and watermelon from certain countries in South America. 
Specifically:

[[Page 25024]]

     Paragraph (a) pertains to the importation of cantaloupe 
and watermelon from Ecuador;
     Paragraph (b) pertains to the importation of cantaloupe, 
honeydew melons, and watermelon from Brazil;
     Paragraph (c) pertains to the importation of cantaloupe, 
honeydew melons, and watermelon from Venezuela; and
     Paragraph (d) pertains to the importation of cantaloupe, 
netted melon, vegetable melon, winter melon, and watermelon from Peru.
    Under this proposal, all provisions contained in paragraph (a) 
would be relocated to proposed Sec.  319.56-26. The provisions of 
paragraphs (b) and (c) would be removed from the regulations because 
their importation would be authorized under proposed Sec.  319.56-4. 
The basic provisions of paragraph (d) would be moved to proposed Sec.  
319.56-26, except that some provisions regarding origin of the fruit 
from a pest free area would be covered under proposed Sec.  319.56-5.

Fuji Variety Apples From Japan and the Republic of Korea (Proposed 
Sec.  319.56-27)

    Current Sec.  319.56-2cc contains restrictions on the importation 
of Fuji variety apples from Japan and the Republic of Korea. Under this 
proposal, all provisions contained in current Sec.  319.56-2cc would be 
relocated to proposed Sec.  319.56-27, except that the provisions in 
paragraphs (c) and (d) of Sec.  319.56-2cc would be revised or removed 
as explained earlier in this document under the headings ``Trust Fund 
Agreements (Proposed Sec.  319.56-6)'' and ``General requirements for 
all imported fruits and vegetables (Proposed Sec.  319.56-3).'' We 
would also amend current Sec.  319.56-2cc(a) to remove the reference to 
the kanzawa mite (Tetranychus kanzawai). This mite is no longer 
considered a quarantine pest because it exists in the United States, 
and there is no official control program for it. This change would have 
no effect on current import conditions, as the treatment required for 
kanzawa mite would still be required to address the risk posed by other 
identified pests of apples.

Ya Variety Pears From China (Proposed Sec.  319.56-29)

    Current Sec.  319.56-2ee contains restrictions on the importation 
of Ya variety pears from China. Under this proposal, all provisions 
contained in current Sec.  319.56-2ee would be relocated to proposed 
Sec.  319.56-29.

Hass Avocados From Michoacan, Mexico (Proposed Sec.  319.56-30)

    Current Sec.  319.56-2ff contains restrictions on the importation 
of Hass avocados from Michoacan, Mexico. Under this proposal, all 
provisions contained in current Sec.  319.56-2ff would be relocated to 
proposed Sec.  319.56-30, except that the provision in Sec.  319.56-
2ff(b) pertaining to trust fund agreements would be amended and become 
part of revised Sec.  319.56-6, as explained earlier in this document.

Peppers From Spain (Proposed Sec.  319.56-31)

    Current Sec.  319.56-2gg contains restrictions on the importation 
of peppers from Spain. Under this proposal, all provisions contained in 
current Sec.  319.56-2gg would be relocated to proposed Sec.  319.56-
31.

Peppers From New Zealand (Proposed Sec.  319.56-32)

    Current Sec.  319.56-2hh contains restrictions on the importation 
of peppers from New Zealand. Under this proposal, all provisions 
contained in current Sec.  319.56-2hh would be relocated to proposed 
Sec.  319.56-32.

Mangoes From the Philippines (Proposed Sec.  319.56-33)

    Current Sec.  319.56-2ii contains restrictions on the importation 
of mangoes from the Philippines. Under this proposal, all provisions 
contained in current Sec.  319.56-2ii would be relocated to proposed 
Sec.  319.56-33, except that:
     The provisions in Sec.  319.56-2ii(b) regarding the 
treatment schedule and procedure for mangoes would be removed, as those 
provisions also exist in part 305.
     The provision in Sec.  319.56-2ii(f) pertaining to trust 
fund agreements would be amended and become part of revised Sec.  
319.56-6, as explained earlier in this document.
     The provision in Sec.  319.56-2ii(g) pertaining to 
responsibility for damages would be removed, as explained earlier in 
this document under the heading ``General Requirements for All Imported 
Fruits and Vegetables (Proposed Sec.  319.56-3).''

Clementines From Spain (Proposed Sec.  319.56-34)

    Current Sec.  319.56-2jj contains restrictions on the importation 
of clementines from Spain. Under this proposal, all provisions 
contained in current Sec.  319.56-2jj would be relocated to proposed 
Sec.  319.56-34, except that the provision in Sec.  319.56-2jj(a) 
pertaining to trust fund agreements would be amended and become part of 
revised Sec.  319.56-6, as explained earlier in this document. In 
addition, the provisions in Sec.  319.56-2jj(e) and (i) that pertain to 
restrictions on the distribution of clementines for the 2002-2003 
shipping season would be removed, as those provisions have expired.

Persimmons From the Republic of Korea (Proposed Sec.  319.56-35)

    Current Sec.  319.56-2kk contains restrictions on the importation 
of persimmons from the Republic of Korea. Under this proposal, all 
provisions contained in current Sec.  319.56-2kk would be relocated to 
proposed Sec.  319.56-35.

Watermelon, Squash, Cucumber, and Oriental Melon From the Republic of 
Korea (Proposed Sec.  319.56-36)

    Current Sec.  319.56-2aa contains restrictions on the importation 
of watermelon, squash, cucumber, and oriental melon from the Republic 
of Korea. Under this proposal, all provisions contained in current 
Sec.  319.56-2aa would be relocated to proposed Sec.  319.56-36.

Grapes From the Republic of Korea (Proposed Sec.  319.56-37)

    Current Sec.  319.56-2ll contains restrictions on the importation 
of grapes from the Republic of Korea. Under this proposal, all 
provisions contained in current Sec.  319.56-2ll would be relocated to 
proposed Sec.  319.56-37.

Clementines, Mandarins, and Tangerines From Chile (Proposed Sec.  
319.56-38)

    Current Sec.  319.56-2mm contains restrictions on the importation 
of clementines, mandarins, and tangerines from Chile. Under this 
proposal, all provisions contained in current Sec.  319.56-2mm would be 
relocated to proposed Sec.  319.56-38, except that the provision in 
Sec.  319.56-2mm(f) pertaining to trust fund agreements would be 
amended and become part of revised Sec.  319.56-6, as explained earlier 
in this document.

Fragrant Pears From China (Proposed Sec.  319.56-39)

    Current Sec.  319.56-2nn contains restrictions on the importation 
of fragrant pears from China. Under this proposal, all provisions 
contained in current Sec.  319.56-2nn would be relocated to proposed 
Sec.  319.56-39.

Peppers From Certain Central American Countries (Proposed Sec.  319.56-
40)

    Current Sec.  319.56-2oo contains restrictions on the importation 
of

[[Page 25025]]

Peppers from certain Central American countries. Under this proposal, 
all provisions contained in current Sec.  319.56-2oo would be relocated 
to proposed Sec.  319.56-40.

Miscellaneous Changes

    In addition to the changes described elsewhere in this document, we 
propose to update terms and references in the regulations as follows:
     References to contact points for APHIS program units and 
other Government agencies that have been reorganized would be changed 
as appropriate.
     References to PPQ Inspector would be replaced with 
references to Inspector (as defined in proposed Sec.  319.56-2).
     References to the Department would be replaced with 
references to APHIS.
     Taxonomic names for certain pests would be updated to 
reflected changes in scientific classifications.
    We would also remove provisions pertaining to the importation of 
yams from Cuba (see current Sec.  319.56-21(b)(2)), as trade of those 
commodities with Cuba is prohibited under U.S. law.
    In conjunction with the proposed revision of Subpart--Fruits and 
Vegetables, we would also update, as necessary, various references to 
sections of the fruits and vegetables regulations located elsewhere in 
7 CFR chapter III.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The proposed rule has been determined to be significant for the 
purposes of Executive Order 12866 and, therefore, has been reviewed by 
the Office of Management and Budget.
    We have prepared an economic analysis for this proposed rule. It 
provides a cost-benefit analysis as required by Executive Order 12866, 
as well as an initial regulatory flexibility analysis that considers 
the potential economic effects of this proposed rule on small entities, 
as required by the Regulatory Flexibility Act. The economic analysis is 
summarized below. Copies of the full analysis are available from the 
person listed under FOR FURTHER INFORMATION CONTACT. Please refer to 
Docket No. APHIS-2005-0106 when requesting copies. The full analysis is 
also available on the Regulations.gov Web site and in our reading room 
(instructions for accessing Regulations.gov and information on the 
location and hours of the reading room are provided under the heading 
ADDRESSES at the beginning of this document).
    We do not currently have all of the data necessary for a 
comprehensive analysis of the effects of this proposed rule on small 
entities. Therefore, APHIS welcomes public comment that would enable us 
to more fully consider impacts of the proposed rule, specifically 
information on costs that may not be covered by this analysis.
    In accordance with the Plant Protection Act (7 U.S.C. 7701 et 
seq.), the Secretary of Agriculture has the authority to promulgate 
regulations and take measures to prevent the spread of plant pests into 
or through the United States, which includes regulating the importation 
of fruits and vegetables into the United States. The Secretary has 
delegated the responsibility for enforcing the Plant Protection Act to 
the Administrator of APHIS.
    This proposed rule would revise and reorganize the regulations 
pertaining to the importation of fruits and vegetables to consolidate 
requirements of generally applicability and eliminate redundant 
requirements, update terms and remove outdated requirements and 
references, update the regulations that apply to importations of fruits 
and vegetables into U.S. territories, and make various editorial and 
nonsubstantive changes to regulations to make them easier to use. APHIS 
is also proposing to make substantive changes to the regulations, 
including: (1) Establishing criteria within the regulations that, if 
met, would allow APHIS to approve certain new fruits and vegetables for 
importation into the United States and to acknowledge pest-free areas 
in foreign countries without undertaking rulemaking; (2) doing away 
with the process of listing specific commodities that may be imported 
subject to certain types of risk management measures; and (3) providing 
for the issuance of special use permits for fruits and vegetables. 
These changes are necessary to simplify and expedite the APHIS process 
for approving new imports and pest-free areas while continuing to allow 
for public participation in the process.
    International trade in fruits and vegetables--in particular, many 
new and newly traded commodities--expanded rapidly over the past two 
decades, while also undergoing a marked change in the products 
demanded. According to Food and Agriculture Organization (FAO) data, 
the average value share of fruits and vegetables (including pulses and 
tree nuts) in global agricultural exports increased from 11.7 percent 
in the period 1977-81 to 15.1 percent in 1987-91 and reached an all 
time high of 16.5 percent in 1997-2001.\15\ Imports have become 
increasingly important for domestic fresh fruit and vegetable 
consumption. In 2004, the U.S. imported more than $7 billion in fresh 
fruits and vegetables. Maintaining the current process will make it 
difficult to keep pace with this rapidly increasing volume of import 
requests.
---------------------------------------------------------------------------

    \15\ Huang, Sophia Wu. Gobal Trade Patterns, in Fruits and 
Vegetables. Chapter 2. Economic Research Service/USAD.
---------------------------------------------------------------------------

    The proposed process for approving imports would apply only to 
commodities that, based on the findings of risk analysis, APHIS 
determines can be safely imported subject to one or more designated 
risk management measures. The new process would be a notice-based 
process while the existing process is a rulemaking-based process.
    By eliminating the need for specific prior rulemaking for notice-
based process commodities, considerable time savings could be reaped. 
The current process for approving new imports takes a notable period of 
time, ranging on average from 18 months to upwards of 3 years 
(beginning with the initial request and ending with the publication of 
the final rule). A significant portion of this time is accounted for in 
the rulemaking process. This proposed rule would reduce the time needed 
for approval of some fruits and vegetables for import without 
eliminating opportunity for public participation in our analysis of 
risk. In addition, this proposed rule would help relieve the burden on 
APHIS' regulatory mechanism, given the volume of new commodity import 
requests APHIS has been receiving, and the large volume of rulemaking 
initiatives already underway in APHIS.
    Consumers benefit from the ability to purchase fruits and 
vegetables from a variety of sources, foreign as well as domestic. 
Consumer expenditures for fruit and vegetables are growing faster than 
for any food group other than meats. Many of the commodities that would 
be covered by this proposed rule would be niche products, unavailable 
or limited in availability in the United States. This proposed rule 
would allow importers to more quickly meet consumer demand for those 
niche products. In addition, climate causes most domestic fruit and 
vegetable production to be seasonal, with the largest harvests 
occurring during the summer and fall. Imports supplement domestic 
supplies, especially of fresh products during the winter, resulting in 
increased choices for consumers. Even where the new imports would 
compete directly with domestic production,

[[Page 25026]]

consumers would benefit when increased competition results in lower 
prices.
    In the current process, once APHIS has conducted a risk analysis 
and identified what phytosanitary measures are necessary to address the 
pest risk posed by the commodity subject to an import request, APHIS 
then proceeds through rulemaking. Through rulemaking, APHIS amends the 
fruits and vegetables regulations by listing the commodity from a 
specific part of the world as eligible, under specified conditions, for 
importation into the United States. Some import requests that might 
otherwise have very quickly led to new imports are delayed considerably 
by the rulemaking process. One reason for this is the complexities of 
the rulemaking process itself. There are certain statutory, executive 
branch, and departmental process requirements that are typically not 
required under a notice based process. Another is the nature of the 
requests. Few if any of these requests warrant an entire rulemaking in 
and of themselves. These requests are primarily small in stature either 
because they are specialty crops or are grown in limited quantities in 
the requesting area. Therefore these requests, when their risk analyses 
have been completed and needed phytosanitary measures have been 
identified, are necessarily grouped together for movement through the 
rulemaking process. These changes, along with other minor regulatory 
changes, are covered in rulemakings referred to as periodic amendments 
to Q56.
    A significant number of the commodity import requests that APHIS 
receives would likely fit the notice-based process criteria as laid out 
in this proposed rule. The number of import requests has grown 
significantly. There are currently approximately 400 commodity import 
requests being processed by APHIS. Because of the nature of the import 
requests likely to qualify for the notice-based approach, those 
commodities would most likely otherwise be included in periodic 
amendments to Q56.
    Included in the 11th periodic amendment \16\ were numerous herbs 
from Central America, figs from Mexico, peppers from Chile, cape 
gooseberry from Colombia, longan from China, persimmon from Spain, 
yard-long-bean from Nicaragua, and yellow pitaya from Colombia. These 
commodities would fit the notice-based process criteria of this 
proposed rule, subject only to designated mitigation measures. Had 
these commodities followed the notice-based process of this proposed 
rule, these commodities would have been available to U.S. consumers far 
sooner than was actually the case. For example, all of the pest risk 
analyses and risk management decisions associated with the herbs from 
Central America were completed by the end of 2001. The final rule 
allowing the import of these commodities was not published and 
effective until June 25, 2003.
---------------------------------------------------------------------------

    \16\ Importation of Fruits and Vegetables. Final Rule. Docket 
No. 02-024-6. Federal Register/Vol. 68, No. 122/Wednesday, June 25, 
2003/Rules and Regulations.
---------------------------------------------------------------------------

    In 2004 and 2005, approximately 454,000 kg of the above commodities 
were imported into the U.S. from the countries covered in the 
amendment. It is estimated that the average monthly value per commodity 
of these shipments was about $3,900.\17\ There are approximately 400 
commodity import requests currently being processed by APHIS. A 
significant percentage of these requests may fit the notice-based 
process criteria of this proposed rule. The rulemaking process is an 
inherently longer process than a notice-based process would be. There 
are complexities in the rulemaking process that are not present in the 
notice-based process. In addition, few if any of the requests that 
would fall into the notice-based process warrant an entire rulemaking 
in and of themselves, and must therefore be grouped with other 
commodities for rulemaking. Therefore, a notice based approach to 
commodity import approvals could be 6 to 12 months shorter than under a 
rulemaking approach.
---------------------------------------------------------------------------

    \17\ Shipment information was obtained from APHIS' PQ280 
database. Information on value is from the U.S. Census Bureau, 
Foreign Trade Statistics `cowpeas,' `figs,' `fruit not elsewhere 
specified,' `other spices and herbs,' `other berries,' and `peppers' 
from 2004 and 2005, in 2005 dollars.
---------------------------------------------------------------------------

    For the purposes of estimating the benefits of a notice-based 
approach to approving commodity import requests, we make the following 
assumptions: The commodities that are approved for import under this 
notice-based process have values similar to those approved under the 
11th periodic amendment; 30 to 50 percent (120 to 200) of current 
commodity import requests would be approved under this process; and, 
those commodities approved in the notice-based process would reach the 
U.S. market 6 to 12 months earlier than they would under rulemaking.
    Based on these assumptions, we could expect imports valued at 
between $2.8 million and $9.4 million to occur under a notice-based 
process that would not occur under the current rulemaking process. 
These added sales represent benefits of this proposed rule. The 
proposed rule will also have the benefit of improving trade relations 
with other countries by speeding import approvals. In addition, by 
moving to a notice-based process for certain commodities, fewer APHIS 
resources will have to be devoted to rulemaking for these commodities. 
Those resources will then become available for other uses.
    This proposed rule would not alter the manner in which the risks 
associated with a commodity import request are evaluated, nor would it 
alter the manner in which those risks are ultimately mitigated. The 
change would merely allow a new commodity import to move more quickly 
into commerce to the benefit of consumers once it has been determined 
that the commodity can be safely imported subject to one or more 
designated risk management measures.
    APHIS currently recognizes changes in the pest-free status of 
countries via rulemaking. Under this proposed rule, APHIS would use 
Federal Register notices and public comment to acknowledge pest-free 
areas in foreign countries without undertaking rulemaking. This would 
allow APHIS to be more responsive in recognizing changes in the pest-
free status of foreign areas.
    This proposed rule would also clarify and strengthen requirements 
regarding safeguarding of fruits and vegetables that are imported from 
pest-free areas. These safeguards would provide necessary protection of 
imported commodities against pest infestations while they are in 
transit to the United States and are consistent with standard operating 
procedures of all current programs that export fruits and vegetables 
from pest-free areas. These changes should therefore have little, if 
any, impact on users of the system.
    If the notice-based approach is adopted for use by APHIS, the 
commodities approved under the notice-based track approach would no 
longer be listed in the regulations, nor would commodities that are 
currently approved for importation subject to one or more of the 
designated measures described previously be listed.
    The fruits and vegetables manual \18\ would contain a listing of 
all commodities approved for importation into the United States and 
would serve

[[Page 25027]]

as a comprehensive list and reference of enterable fruits and 
vegetables.
---------------------------------------------------------------------------

    \18\ Regulating the Importation of Fresh Fruits and Vegetables. 
United States Department of Agriculture. Marketing and Regulatory 
Programs. Animal and Plant Health Inspection Service. Plant 
Protection and Quarantine. http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm.
---------------------------------------------------------------------------

    Most of these changes would not alter how or whether a commodity is 
approved for importation, merely how that status would be presented. 
These changes should therefore have little, if any, impact on users of 
the system.
    This proposed rule would make several changes to the issuance of 
permits for the importation of fruits and vegetables. This proposed 
rule would amend the regulations pertaining to permits to state that 
certain dried, cured, or processed fruits and vegetables; certain 
fruits and vegetables grown in Canada; and certain fruits and 
vegetables grown in the British Virgin Islands that are imported into 
the U.S. Virgin Islands; may be imported without a permit, while all 
other fruits and vegetables must be imported under permit. Because this 
change merely removes an unnecessarily confusing distinction between 
specific and general written permits, the change should have minor, but 
positive impact on users.
    Other current provisions regarding application for permits; 
issuance of permits; amendment, denial, or withdrawal of permits; and 
appeals would be relocated in this proposed rule. The provisions for 
applying for permits would also be updated to reflect the various means 
now available for applying for permits. These changes would not affect 
program operations, and should therefore have little, if any, impact on 
users of the system.
    This proposed rule would also add new provisions to the regulations 
which would authorize APHIS to issue special use permits that authorize 
the importation of small lots of fruits or vegetables that are 
otherwise prohibited importation under the regulations. These permits 
would provide for the importation of fruits and vegetables for special 
events such as trade shows and for scientific research. In each case, 
such imports would only be allowed under strict conditions approved by 
the administrator to address the particular risk posed by the 
particular imported fruit or vegetable. This change could facilitate 
future trade opportunities, scientific research, and potentially pest 
management, but would have little direct impact on imports or 
consumers.
    This proposed rule would revise, reorganize and update some of the 
regulations, update terms and remove outdated requirements and 
references, and make various editorial and nonsubstantive changes to 
regulations to make them easier to use. The proposed reorganization of 
the regulations would not affect any requirements for importing 
commodities but would simplify the regulations and organize them to 
facilitate future revisions. In addition, this proposal would also 
clarify treatment requirements in 7 CFR part 305. These changes do not 
represent a change in program operations and therefore should not 
affect users of the system.
    This proposed rule would also amend the various restrictions on the 
importation of okra from countries where the pink bollworm is known to 
exist. The regulations are outdated, and contain differing restrictions 
for the importation of okra from countries even though the regulations 
are all aimed at excluding pink bollworm from the United States. Under 
this proposal, all imports from pink bollworm-infested areas would be 
subject to the same requirements. The proposed conditions would be 
equivalent to our domestic regulations that pertain to pink bollworm.
    In 2004, okra was imported from 11 countries into the United States 
with a value of $17.4 million. Mexico has been the primary source of 
these imports. In 2004, Mexico accounted for nearly 70 percent of the 
imports. Other major sources are El Salvador, Honduras and Nicaragua, 
together accounting for about 31 percent of the imports in 2004.
    Currently, the regulations contain varying restrictions on the 
importation of okra from countries where pink bollworm is known to 
exist. These restrictions include fumigation of imports from pink 
bollworm infested countries that are moving into infested areas of the 
U.S. The proposed conditions would remove this restriction. This may 
reduce the cost associated with some imports. However, this change 
would primarily impact Mexican imports. Mexico is already, by far, the 
U.S.' largest foreign source of okra. In addition, this change would 
only affect a limited portion of those okra imports. Therefore, this 
change should have at most a minor effect on okra imports and domestic 
okra prices.
    This rule would also update the regulations to reflect current 
APHIS operating practices regarding biometric sampling of apricots, 
nectarines, peaches. Plumcot, and plums from Chile. Under the rule, the 
current sampling regimens would be removed and replaced with provisions 
that require sampling, but do not specify the percentage of fruit to be 
sampled or the confidence level of the inspection. Chile is the primary 
source of U.S. stone fruit imports, accounting for more than 97 percent 
$73 million in such imports in 2005. However, these modifications 
proposed in this rule do not represent a change in current program 
operations and therefore should not affect users of the system.
    This proposed rule would also amend the various provisions 
pertaining to packing and safeguarding of tomatoes. The proposed rule 
would require tomatoes to be safeguarded from harvest to export by 
insect-proof mesh screens or plastic tarpaulins, including while in 
transit to the packing house and while awaiting packaging. In addition, 
tomatoes would be required to be packed in insect-proof cartons or 
containers, or covered by insect-proof mesh or plastic tarpaulins for 
transit to the airport and subsequent export to the United States.
    Annual fresh tomato imports were valued at about $852 million on 
average for the period 2000-2004. This represents more than 14 percent 
of the value of all fruit and vegetable imports in that period. Fresh 
tomato imports are primarily from Mexico, which represents nearly 70 
percent of the value of tomato imports from all countries for that 
period. Other important origin countries for U.S. imports of fresh 
tomatoes are Canada and the Netherlands.
    Complying with the provisions of this change could represent added 
cost to importers. However, this additional cost should be small since 
the change represents a change in the rigorousness of the packaging and 
containers protecting against attack by insects, not whether the 
tomatoes are protected. The current regulations already require 
packaging and containers to be fruit-fly proof. Therefore, the change 
should have little impact on importers of tomatoes. We welcome comments 
on the size of this added cost.
    In sum, APHIS expects little impact on the total volume of U.S. 
imports of fruits and vegetables, with small effects on U.S. marketers 
and consumers. In addition, those additional measures in this proposal 
that affect specific commodities are also expected to have limited 
impact. The main portions of this proposal, if adopted, would represent 
a significant structural revision of the fruits and vegetables import 
regulations and would establish a new process for approving certain new 
commodities for importation into the United States. However, those 
commodity import requests most likely to qualify for the notice-based 
process are small in stature. This is either because they are for 
specialty crops unavailable or limited in availability in the United 
States, or are for crops grown in limited quantities in the requesting 
area. In addition, the proposed rule would not alter the conditions for

[[Page 25028]]

importing the majority of currently approved fruits or vegetables.
    Of particular note with respect to the proposed changes to the 
approval process, the change would merely allow a new commodity import 
to move more quickly into commerce to the benefit of consumers once it 
has been determined that the commodity can be safely imported subject 
to one or more designated risk management measures. The proposed rule 
would not alter the manner in which the risk associated with a 
commodity import request is evaluated, nor would it alter the manner in 
which those risks are ultimately mitigated. Consumers would have 
quicker access to imported fruits and vegetables, though risks would 
still be evaluated and appropriate mitigations required, as they are 
currently. Also, given the growing number of requests to ship foreign 
fruits and vegetables to the United States, some trading partners may 
perceive the time required to conduct the rulemaking process as a 
barrier to trade. Such perception may impede their consideration of 
U.S. requests to ship U.S. commodities to their markets. To the extent 
to which trading partners consider the time it takes to conduct the 
rulemaking process a trade barrier, by reducing that time; this rule 
may facilitate the export of U.S. agricultural commodities.

Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires 
agencies to evaluate the potential effects of proposed and final rules 
on small businesses, small organizations, and small governmental 
jurisdictions.
    Section 603 of the Act requires agencies to prepare and make 
available for public comment an initial regulatory flexibility analysis 
(IRFA) describing the impacts of rules on small entities. Section 
603(b) of the Act specifies the content of an IRFA. Each IRFA must 
contain:
     A description of the reasons why action by the agency is 
being considered;
     A succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     A description and, where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     A description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities which will be subject to the 
requirement and the type of professional skills necessary for 
preparation of the report of record;
     An identification, to the extent practicable, of all 
relevant Federal rules that may duplicate, overlap, or conflict with 
the proposed rule; and
     Descriptions of any significant alternatives to the 
proposed rule which accomplish the stated objectives of applicable 
statutes and which minimize any significant economic impact of the 
proposed rule on small entities.
    Our responses to these requirements follow.

Rationale

    This proposed rule would revise and reorganize the regulations 
pertaining to the importation of fruits and vegetables to consolidate 
requirements of generally applicability and eliminate redundant 
requirements, update terms and remove outdated requirements and 
references, update the regulations that apply to importations of fruits 
and vegetables into U.S. territories, and make various editorial and 
nonsubstantive changes to regulations to make them easier to use. APHIS 
is also proposing to make substantive changes to the regulations, 
including: (1) Establishing criteria within the regulations that, if 
met, would allow APHIS to approve certain new fruits and vegetables for 
importation into the United States and to acknowledge pest-free areas 
in foreign countries without undertaking rulemaking; (2) doing away 
with the process of listing specific commodities that may be imported 
subject to certain types of risk management measures; and (3) providing 
for the issuance of special use permits for fruits and vegetables. 
These changes are necessary to simplify and expedite the APHIS process 
for approving new imports and pest-free areas while continuing to allow 
for public participation in the process.

Objectives and Legal Basis

    By eliminating the need for specific prior rulemaking for notice-
based process commodities, considerable time savings could be reaped. 
The current process for approving new imports takes a notable period of 
time, ranging on average from 18 months to 3 years (beginning with the 
initial request and ending with the publication of the final rule).
    Consumers benefit from the ability to purchase fruits and 
vegetables from a variety of sources, foreign as well as domestic. Many 
of the commodities that would be covered by this proposed rule would be 
niche products, unavailable or limited in availability in the United 
States. This proposed rule would allow importers to more quickly meet 
consumer demand for those niche products. In addition, climate causes 
most domestic fruit and vegetable production to be seasonal, with the 
largest harvests occurring during the summer and fall. Imports 
supplement domestic supplies, especially of fresh products during the 
winter, resulting in increased choices for consumers. Even where the 
new imports would compete directly with domestic production, consumers 
would benefit when increased competition results in lower prices.
    Under the regulations in ``Subpart--Fruits and Vegetables,'' APHIS 
prohibits or restricts the importation of fresh fruits and vegetables 
into the United States from certain parts of the world to prevent the 
introduction and spread of plant pests that are new to or not widely 
distributed within the United States.

Description and Estimate of Small Entities

    Those entities most likely to be economically affected by the 
proposed rule are domestic importers and producers of fruits and 
vegetables. The Small Business Administration (SBA) has established 
guidelines for determining which establishments are to be considered 
small. Import/export merchants, agents and brokers are identified 
within the broader wholesaling trade sector. A firm primarily engaged 
in wholesaling fresh fruits and vegetables is considered small if it 
employs not more than 100 persons. In 1997,\19\ more than 96 percent 
(5,456 of 5,657) of fresh fruit and vegetable wholesalers would be 
considered small by SBA standards.\20\ All types of fruit and vegetable 
farms are considered small if they have annual receipts of $0.75 
million or less. With some exceptions, vegetable and melon farms are 
largely individually owned and relatively small, with two-thirds 
harvesting fewer than 25 acres. In 2002, between 80 and 84 percent of 
vegetable and melon farms would be considered small. Similarly, 
although numbers have declined, fruit and tree nut production is still 
dominated by small, family or individually-run farm operations. In 
2002, between 92 and 95 percent of all fruit and tree nut farms would 
be considered small.\21\
---------------------------------------------------------------------------

    \19\ Establishment and firm size is not yet available for the 
2002 Economic Census.
    \20\ 1997 Economic Census. Department of Commerce. U.S. Bureau 
of the Census. North American Industry Classification System (NAICS) 
Category--424480; Fresh fruit & vegetable wholesalers.
    \21\ 1997 Census of Agriculture. U.S. Department of Agriculture, 
National Agricultural Statistics Service. NAICS Categories--1112: 
Vegetable and melon farming; 1113: Fruit and tree nut farming.
---------------------------------------------------------------------------

    The number of entities that would be affected by this proposed rule 
is

[[Page 25029]]

unknown but those affected would likely be considered small. However, 
based on the information that is available, the effects of this 
proposed rule should be small whether the entity affected is small or 
large. Those commodity import requests most likely to qualify for the 
notice-based process are small in stature. This is either because they 
are for specialty crops unavailable or limited in availability in the 
United States, or are for crops grown in limited quantities in the 
requesting area. This proposal would merely allow a new commodity 
import to move more quickly into commerce to the benefit of consumers 
once it has been determined that the commodity can be safely imported 
subject to one or more designated risk management measures. Hence, we 
expect little impact on the total volume of U.S. imports of fruits and 
vegetables, with small effects on U.S. marketers and consumers.
    Nevertheless, we invite public comment on the proposed rule--
including any comment on the expected impacts for small entities, and 
on how the proposed rule could be modified to reduce expected costs or 
burdens for small entities consistent with its objectives. Any comment 
suggesting changes to the proposed criteria should be supported by an 
explanation of why the changes should be considered.

Reporting, Recordkeeping, and Other Compliance Requirements for Small 
Entities

    The proposed rule contains, under the heading ``Paperwork Reduction 
Act,'' a description of the information collection and recordkeeping 
requirements associated with the proposed rule.

Duplication, Overlap or Conflict With Other Federal Rules

    APHIS is unaware of any Federal rules that are duplicative, 
overlapping, or conflicting with this proposed rule.

Alternatives

    One alternative to this proposed rule would be to simply continue 
under APHIS' current process of authorizing the importation of fruits 
and vegetables. In this case, we would continue to list all newly 
approved fruits and vegetables in the regulations through notice-and-
comment rulemaking, as we have been doing since 1987. This approach is 
unsatisfactory, because the number of requests we receive from foreign 
exporters and domestic importers to amend the regulations has been 
steadily increasing. Maintaining the current process will make it 
difficult to keep pace with the volume of import requests. Therefore, 
this alternative was rejected. We believe that the new approach would 
enable us to be more responsive to the import requests of our trading 
partners while maintaining the transparency of our decisionmaking 
afforded by notice-and-comment rulemaking.
    Prior to 1987, APHIS authorized the importation of a fruit or 
vegetable by simply issuing a permit once the Agency was satisfied that 
the relevant criteria in the regulations had been met. Another 
alternative to this proposed rule would be to return to this method of 
authorizing fruit and vegetable importations. This approach is 
unsatisfactory, because it does not provide the opportunity for public 
analysis of and comment on the science associated with such imports. 
Therefore, this alternative was rejected. We believe that the new 
approach would enable us to be more responsive to the import requests 
of our trading partners while maintaining the transparency of our 
decisionmaking afforded by notice-and-comment rulemaking.

Future Analyses

    If this rule is adopted as a final rule, the requirements of 
Executive Order 12866 or the Regulatory Flexibility Act will be met 
through the analyses that accompany the final rule. The economic 
effects of importing the specific commodities that are approved using 
the streamlined approach would not be analyzed at the point of 
approval, since such approval would occur without additional 
rulemaking.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

National Environmental Policy Act

    The majority of the regulatory changes proposed in this document 
are nonsubstantive, and would therefore have no effects on the 
environment. However, this proposal, if adopted, would allow APHIS to 
approve certain new fruits and vegetables for importation into the 
United States without undertaking rulemaking. Despite the fact that 
those fruits and vegetable imports would no longer be contingent on the 
completion of rulemaking, the requirements of the National 
Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et 
seq.) would still apply. As such, for each additional fruit or 
vegetable approved for importation, APHIS would make available to the 
public documentation related to our analysis of the potential 
environmental effects of such new imports. This documentation would 
likely be made available at the same time and via the same Federal 
Register notice as the risk analysis for the proposed new import.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection 
requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
written comments to the Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please 
state that your comments refer to Docket No. APHIS-2005-0106. Please 
send a copy of your comments to: (1) Docket No. APHIS-2005-0106, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue, 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    In this document, APHIS is proposing, among other things, to 
establish a regulatory framework that would allow us to approve certain 
new fruits and vegetables for importation into the United States more 
effectively and expeditiously. These changes are intended to simplify 
and expedite our processes for approving certain new imports and pest-
free areas while continuing to allow for public participation in the 
processes.
    Under this proposed rule, APHIS may authorize the importation of 
additional fruits and vegetables subject to permitting and 
phytosanitary certification requirements. While the specific 
commodities that may be approved for importation using the new approach 
described in the proposed rule are unknown at this time, we have 
estimated the potential reporting burden on the public that could arise 
if the new approach is adopted. The new burden would be in the form of 
phytosanitary certificate requirements for some, and permit 
requirements for all, newly approved commodities.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information

[[Page 25030]]

collection requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.8238 hours per response.
    Respondents: Importers, exporters, and national plant protection 
organizations.
    Estimated annual number of respondents: 1,120.
    Estimated annual number of responses per respondent: 3.
    Estimated annual number of responses: 3,360.
    Estimated total annual burden on respondents: 2,768 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

Lists of Subjects

7 CFR Part 305

    Agricultural commodities, Chemical treatment, Cold treatment, 
Garbage treatment, Heat treatment, Imports, Irradiation, Phytosanitary 
treatment, Plant diseases and pests, Quarantine, Quick freeze, 
Reporting and recordkeeping requirements, Transportation.

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

7 CFR Part 352

    Customs duties and inspection, Imports, Plant diseases and pests, 
Quarantine, Reporting and recordkeeping requirements, Transportation.
    Accordingly, we propose to amend 7 CFR chapter III as follows:

PART 305--PHYTOSANITARY TREATMENTS

    1. The authority citation for part 305 would continue to read as 
follows:

    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.


Sec.  305.2  [Amended]

    2. In Sec.  305.2, paragraph (i), the table would be amended as 
follows:
    a. In the entry for acorns and chestnuts from all countries, by 
removing the reference to ``Sec.  319.56-2b'' and adding a reference to 
``Sec.  319.56-11'' in its place.
    b. In the entry for yam from all countries, by removing the words 
``(See Sec.  319.56-2l of this chapter)''.
    c. In the entry for papaya from Belize, by removing the words 
``(See Sec.  319.56-2(j) of this part)''.
    d. In the entry for cherimoya from Chile, by removing the words 
``(See Sec.  319.56-2z of this chapter for additional treatment 
information)''.
    3. A new Sec.  305.3 would be added to read as follows:


Sec.  305.3  Monitoring and certification of treatments.

    (a) All treatments approved under part 305 are subject to 
monitoring and verification by APHIS.
    (b) Any treatment performed outside the United States must be 
monitored and certified by an inspector or an official from the 
national plant protection organization of the exporting country. If 
monitored and certified by an official of the plant protection 
organization of the exporting country, the treated commodities must be 
accompanied a phytosanitary certificate issued by the national plant 
protection organization of the exporting country certifying that 
treatment was applied in accordance with APHIS regulations. The 
phytosanitary certificate must be provided to an inspector when the 
commodity is offered for entry into the United States. During the 
entire interval between treatment and export, the consignment must be 
stored and handled in a manner that prevents any infestation by pests 
and noxious weeds.
    4. Section 305.15 would be revised to read as follows:


Sec.  305.15  Treatment requirements.

    (a) Approval of treatment facilities. All facilities or locations 
used for refrigerating fruits or vegetables in accordance with Sec.  
305.16 must be approved by APHIS. Re-approval of the facility or 
carrier is required annually, or as often as APHIS directs, depending 
on treatments performed, commodities handled, and operations conducted 
at the facility. In order to be approved, facilities and carriers must:
    (1) Be capable of keeping treated and untreated fruits, vegetables, 
or other articles separate so as to prevent reinfestation of articles 
and spread of pests;
    (2) Have equipment that is adequate to effectively perform cold 
treatment.
    (b) Places of treatment; ports of entry. Precooling and 
refrigeration may be performed prior to, or upon arrival of fruits and 
vegetables in the United States, provided treatments are performed in 
accordance with applicable requirements of this section. Fruits and 
vegetables that are not treated prior to arrival in the United States 
must be treated after arrival only in cold storage warehouses approved 
by the Administrator and located in the area north of 39[deg] longitude 
and east of 104[deg] latitude or at one of the following ports: The 
maritime ports of Wilmington, NC; Seattle, WA; Corpus Christi, TX; and 
Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA; 
Hartsfield-Atlanta International Airport, Atlanta, GA; and Washington 
Dulles International Airport, Chantilly, VA.
    (c) Cold treatment enclosures. All enclosures in which cold 
treatment is performed, including refrigerated containers, must:
    (1) Be capable of precooling and holding fruits or vegetables at 
temperatures less than or equal to 2.2 [deg]C (36 [deg]F) or the 
maximum temperature prescribed in an approved treatment schedule for 
any fruit or vegetable that is to be treated in the enclosure.
    (2) Maintain pulp temperatures according to treatment schedules 
with no more than a 0.3 [deg]C (0.54 [deg]F) variation in temperature.

[[Page 25031]]

    (3) Be structurally sound and adequate to maintain required 
temperatures.
    (4) Be equipped with recording devices, such that automatic, 
continuous temperature records are maintained and secured. Recording 
devices must be capable of generating temperature charts for 
verification of treatment by an inspector.
    (d) Precooling. Before loading in cold treatment containers, 
packages of fruit must be precooled to a treatment temperature or to a 
uniform temperature not to exceed 4.5 [deg]C (40 [deg]F) or precooled 
at the terminal to 2.2 [deg]C (36 [deg]F).
    (1) Treatment in transit. Fruit that is to be treated in transit 
must be precooled either at a dockside refrigeration plant prior to 
loading aboard the carrying vessel, or aboard the carrying vessel. If 
precooling is accomplished prior to loading aboard the carrying vessel, 
an authorized official of the country of origin must supervise the 
precooling operation and certify the treatment by recording pulp 
temperatures of fruit sampled at different locations of the lot to 
ensure that the precooling was complete and uniform.
    (2) Treatment upon arrival in the United States. Fruit that is to 
be treated upon arrival in the United States must arrive at a 
temperature sufficiently low to prevent insect activity and must be 
promptly precooled and refrigerated. Fruit to be both precooled and 
refrigerated after arrival in the United States must be delivered to 
the treatment facility subject to safeguards required by an inspector.
    (e) Treatment procedures.
    (1) All material, labor, and equipment for cold treatment performed 
on vessels must be provided by the vessel or vessel agent.
    (2) Refrigeration must be completed in the container, compartment, 
or room in which it is begun
    (3) Fruit that may be cold treated must be safeguarded to prevent 
cross-contamination or mixing with other infested fruit.
    (4) Breaks, damage, etc., in the treatment enclosure that preclude 
maintaining correct temperatures must be repaired before use.
    (5) An inspector must approve loading of compartment, number and 
placement of sensors, and initial fruit temperature readings before 
beginning the treatment.
    (6) At least three temperature sensors must be used in the 
treatment compartment during treatment.
    (7) The time required to complete the treatment begins when the 
temperature inside the fruit reaches the required temperature. 
Refrigeration continues until the vessel arrives at the port of 
destination and the fruit is released for unloading by an inspector 
even though this may prolong the period required for the cold 
treatment.
    (8) Only the same type of fruit in the same type of package may be 
treated together in a container; no mixture of fruits in containers 
will be treated.
    (9) Fruit must be stacked to allow cold air to be distributed 
throughout the enclosure, with no pockets of warmer air, and to allow 
random sampling of pulp temperature in any location in load. 
Temperatures must be recorded at intervals no longer than 1 hour apart. 
Gaps of longer than 1 hour may invalidate the treatment or indicate 
treatment failure.
    (10) Cold treatment is not completed until so designated by an 
inspector or the certifying official of the foreign country; shipments 
of treated commodities may not be discharged until full APHIS clearance 
has been completed, including review and approval of treatment record 
charts.
    (11) Pretreatment conditioning (heat shock or 100.4 [deg]F for 10 
to 12 hours) of fruits is optional and is the responsibility of the 
shipper.
    (12) Cold treatment of fruits in break-bulk vessels or containers 
must be initiated by an inspector if there is not a treatment 
technician who has been trained to initiate cold treatments for either 
break-bulk vessels or containers.
    (13) Inspection of fruits after cold treatment for Mediterranean 
fruit fly. An inspector will sample and cut fruit from each shipment 
cold treated for Mediterranean fruit fly (Medfly) to monitor treatment 
effectiveness. If a single live Medfly in any stage of development is 
found, the shipment will be held until an investigation is completed 
and appropriate remedial actions have been implemented. If APHIS 
determines at any time that the safeguards contained in this section do 
not appear to be effective against the Medfly, APHIS may suspend the 
importation of fruits from the originating country and conduct an 
investigation into the cause of the deficiency.
    (14) Caution and disclaimer. The cold treatments required for the 
entry of fruit are considered necessary for the elimination of plant 
pests, and no liability shall attach to the U.S. Department of 
Agriculture or to any officer or representative of that Department in 
the event injury results to fruit offered for entry in accordance with 
these instructions. In prescribing cold treatments of certain fruits, 
it should be emphasized that inexactness and carelessness in applying 
the treatments may result in injury to the fruit, or its rejection for 
entry.
    (15) Additional requirements for treatments performed after arrival 
in the United States.
    (i) Maritime port of Wilmington, NC. Shipments of fruit arriving at 
the maritime port of Wilmington, NC, for cold treatment, in addition to 
meeting all other applicable requirements of this section, must meet 
the following special conditions:
    (A) Bulk shipments (those shipments which are stowed and unloaded 
by the case or bin) of fruit must arrive in fruit fly-proof packaging 
that prevents the escape of adult, larval, or pupal fruit flies.
    (B) Bulk and containerized shipments of fruit must be cold-treated 
within the area over which the U.S. Department of Homeland Security is 
assigned the authority to accept entries of merchandise, to collect 
duties, and to enforce the various provisions of the customs and 
navigation laws in force.
    (C) Advance reservations for cold treatment space must be made 
prior to the departure of a shipment from its port of origin.
    (D) The cold treatment facility must remain locked during non-
working hours.
    (ii) Maritime port of Seattle, WA. Shipments of fruit arriving at 
the maritime port of Seattle, WA, for cold treatment, in addition to 
meeting all other applicable requirements of this section, must meet 
the following special conditions:
    (A) Bulk shipments (those shipments which are stowed and unloaded 
by the case or bin) of fruit must arrive in fruit fly-proof packaging 
that prevents the escape of adult, larval, or pupal fruit flies.
    (B) Bulk and containerized shipments of fruit must be cold-treated 
within the area over which the U.S. Department of Homeland Security is 
assigned the authority to accept entries of merchandise, to collect 
duties, and to enforce the various provisions of the customs and 
navigation laws in force.
    (C) Advance reservations for cold treatment space must be made 
prior to the departure of a shipment from its port of origin.
    (D) The cold treatment facility must remain locked during non-
working hours.
    (E) Blacklight or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility.

[[Page 25032]]

    (F) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (iii) Airports of Atlanta, GA and Seattle, WA. Shipments of fruit 
arriving at the airports of Atlanta, GA, and Seattle, WA, for cold 
treatment, in addition to meeting all other applicable requirements of 
this section, must meet the following special conditions:
    (A) Bulk and containerized shipments of fruit must arrive in fruit 
fly-proof packaging that prevents the escape of adult, larval, or pupal 
fruit flies.
    (B) Bulk and containerized shipments of fruit arriving for cold 
treatment must be cold treated within the area over which the U.S. 
Department of Homeland Security is assigned the authority to accept 
entries of merchandise, to collect duties, and to enforce the various 
provisions of the customs and navigation laws in force.
    (C) The cold treatment facility and APHIS must agree in advance on 
the route by which shipments are allowed to move between the aircraft 
on which they arrived at the airport and the cold treatment facility. 
The movement of shipments from aircraft to cold treatment facility will 
not be allowed until an acceptable route has been agreed upon.
    (D) Advance reservations for cold treatment space must be made 
prior to the departure of a shipment from its port of origin.
    (E) The cold treatment facility must remain locked during non-
working hours.
    (F) Blacklight or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility.
    (G) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (iv) Maritime ports of Gulfport, MS, and Corpus Christi, TX. 
Shipments of fruit arriving at the ports of Gulfport, MS, and Corpus 
Christi, TX, for cold treatment, in addition to meeting all other 
applicable requirements of this section, must meet the following 
special conditions:
    (A) All fruit entering the port for cold treatment must move in 
maritime containers. No bulk shipments (those shipments which are 
stowed and unloaded by the case or bin) are permitted.
    (B) Within the container, the fruit intended for cold treatment 
must be enclosed in fruit fly-proof packaging that prevents the escape 
of adult, larval, or pupal fruit flies.
    (C) All shipments of fruit arriving at the port for cold treatment 
must be cold treated within the area over which the U.S. Department of 
Homeland Security is assigned the authority to accept entries of 
merchandise, to collect duties, and to enforce the various provisions 
of the customs and navigation laws in force.
    (D) The cold treatment facility and APHIS must agree in advance on 
the route by which shipments are allowed to move between the vessel on 
which they arrived at the port and the cold treatment facility. The 
movement of shipments from vessel to cold treatment facility will not 
be allowed until an acceptable route has been agreed upon.
    (E) Advance reservations for cold treatment space at the port must 
be made prior to the departure of a shipment from its port of origin.
    (F) Devanning, the unloading of fruit from containers into the cold 
treatment facility, must adhere to the following requirements:
    (1) All containers must be unloaded within the cold treatment 
facility; and
    (2) Untreated fruit may not be exposed to the outdoors under any 
circumstances.
    (G) The cold treatment facility must remain locked during non-
working hours.
    (H) Blacklights or sticky paper must be used within the cold 
treatment facility, and other trapping methods, including Jackson/
methyl eugenol and McPhail traps, must be used within the 4 square 
miles surrounding the cold treatment facility at the maritime port of 
Gulfport, MS, and within the 5 square miles surrounding the cold 
treatment facility at the maritime port of Corpus Christi, TX.
    (I) During cold treatment, a backup system must be available to 
cold treat the shipments of fruit should the primary system 
malfunction. The facility must also have one or more reefers (cold 
holding rooms) and methods of identifying lots of treated and untreated 
fruits.
    (J) The cold treatment facility must have the ability to conduct 
methyl bromide fumigations on site.
    (K) The cold treatment facility must have contingency plans, 
approved by the Administrator, for safely destroying or disposing of 
fruit.
    (f) Monitoring. Treatment must be monitored by an inspector to 
ensure proper administration of the treatment. An inspector must also 
approve the recording devices and sensors used to monitor temperatures 
and conduct an operational check of the equipment before each use and 
ensure sensors are calibrated. An inspector may approve, adjust, or 
reject the treatment.
    (g) Compliance agreements. Facilities located in the United States 
must operate under a compliance agreement with APHIS. The compliance 
agreement must be signed by a representative of the cold treatment 
facility and APHIS. The compliance agreement must contain requirements 
for equipment, temperature, circulation, and other operational 
requirements for performing cold treatment to ensure that treatments 
are administered properly. Compliance agreements must allow officials 
of APHIS to inspect the facility to monitor compliance with the 
regulations.
    (h) Work plans. Facilities located outside the United States may 
operate in accordance with a bilateral work plan. The work plan, if and 
when required, must be signed by a representative of the cold treatment 
facility, the national plant protection organization of the country of 
origin (NPPO), and APHIS. The work plans must contain requirements for 
equipment, temperature, circulation, and other operational requirements 
for performing cold treatment to ensure that cold treatments are 
administered properly. Work plans for facilities outside the United 
States may also include trust fund agreement information regarding 
payment of the salaries and expenses of APHIS employees on site. Work 
plans must allow officials of the NPPO and APHIS to inspect the 
facility to monitor compliance with APHIS regulations.


Sec.  305.17  [Amended]

    5. In Sec.  305.17, paragraph (a) would be amended by removing the 
citation ``319.56-2c'' and adding the citation ``319.56-12'' in its 
place.

PART 319--FOREIGN QUARANTINE NOTICES

    6. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.28  [Amended]

    7. Section 319.28 would be amended as follows:
    a. In paragraph (a)(2), the words ``(except as provided by Sec.  
319.56-2f of this part)'' would be removed.
    b. In paragraph (e), the words ``the Fruits and Vegetables 
Quarantine (Sec.  319.56)'' would be removed and the words ``Subpart--
Fruits and Vegetables of this part'' would be added in their place.

[[Page 25033]]

Sec.  319.37-2  [Amended]

    8. In Sec.  319.37-2, paragraph (a), in the table, the entry for 
``Cocos nucifera'' would be amended by removing the citation ``Sec.  
319.56'' in column 1 and adding the citation ``Sec.  319.56-11'' in its 
place.


Sec.  319.40-2  [Amended]

    9. In Sec.  319.40-2, paragraph (c) would be amended by removing 
the words ``Sec. Sec.  319.56 through 319.56-8,''.


Sec.  319.40-9  [Amended]

    10. In Sec.  319.40-9, paragraph (a)(4)(i), footnote 4 would be 
amended by removing the words ``Sec. Sec.  319.56 through 319.56-8,''.


Sec.  319.41a  [Amended]

    11. In Sec.  319.41a, paragraph (c) would be amended by removing 
the citation ``Sec.  319.56-2'' and adding the citation ``Sec.  319.56-
3'' in its place.
    12. Subpart--Fruits and Vegetables, Sec. Sec.  319.56 through 
319.56-8, would be revised to read as follows:

Subpart--Fruits and Vegetables

Sec.
319.56-1 Notice of quarantine.
319.56-2 Definitions.
319.56-3 General requirements for all imported fruits and 
vegetables.
319.56-4 Approval of certain fruits and vegetables for importation.
319.56-5 Pest-free areas.
319.56-6 Trust fund agreements.
319.56-7 Territorial applicability and exceptions.
319.56-8 through 319.56-9 [Reserved]
319.56-10 Importation of fruits and vegetables from Canada.
319.56-11 Importation of dried, cured, or processed fruits, 
vegetables, nuts, and legumes.
319.56-12 Importation of frozen fruits and vegetables.
319.56-13 Additional requirements for certain fruits and vegetables.
319.56-14 through 319.56-19 [Reserved]
319.56-20 Apples and pears from Australia (including Tasmania) and 
New Zealand.
319.56-21 Okra from certain countries.
319.56-22 Apples and pears from certain countries in Europe.
319.56-23 Apricots, nectarines, peaches, plumcot, and plums from 
Chile.
319.56-24 Lettuce and peppers from Israel.
319.56-25 Papayas from Central America and Brazil.
319.56-26 Melon and watermelon from certain countries in South 
America.
319.56-27 Fuji variety apples from Japan and the Republic of Korea.
319.56-28 Tomatoes from certain countries.
319.56-29 Ya variety pears from China.
319.56-30 Hass avocados from Michoacan, Mexico.
319.56-31 Peppers from Spain.
319.56-32 Peppers from New Zealand.
319.56-33 Mangoes from the Philippines.
319.56-34 Clementines from Spain.
319.56-35 Persimmons from the Republic of Korea.
319.56-36 Watermelon, squash, cucumber, and oriental melon from the 
Republic of Korea.
319.56-37 Grapes from the Republic of Korea.
319.56-38 Clementines, mandarins, and tangerines from Chile.
319.56-39 Fragrant pears from China.
319.56-40 Peppers from certain Central American countries.

Subpart--Fruits and Vegetables


Sec.  319.56-1  Notice of quarantine.

    (a) Under Sec.  412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry of 
any plant or plant product if the Secretary determines that the 
prohibition or restriction is necessary to prevent the introduction 
into the United States or the dissemination within the United States of 
a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to prohibit 
the importation into the United States of fruits and vegetables and 
associated plants and portions of plants except as provided in this 
part.


Sec.  319.56-2  Definitions.

    Above ground parts. Any plant parts, such as stems, leaves, fruit, 
or inflorescence (flowers), that grow solely above the soil surface.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the United States Department of Agriculture delegated 
to act in his or her stead.
    APHIS. The Animal and Plant Health Inspection Service, United 
States Department of Agriculture.
    Commercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for sale and distribution. 
Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, type of packaging, 
identification of grower or packing house on the packaging, and 
documents consigning the fruits or vegetables to a wholesaler or 
retailer.
    Commodity. A type of plant, plant product or other regulated 
article being moved for trade or other purpose.
    Consignment. A quantity of plants, plant products, and/or other 
articles, including fruits or vegetables, being moved from one country 
to another and covered, when required, by a single phytosanitary 
certificate (a consignment may be composed of one or more commodities 
or lots).
    Country of origin. Country where the plants from which the plant 
products are derived were grown.
    Cucurbits. Any plants in the family Cucurbitaceae.
    Field. A plot of land with defined boundaries within a place of 
production on which a commodity is grown.
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not for planting.
    Import and importation. To move into, or the act of movement into, 
the territorial limits of the United States.
    Inspector. Any individual authorized by the Administrator of APHIS 
or the Commissioner of the Bureau of Customs and Border Protection, 
Department of Homeland Security, to enforce the regulations in this 
subpart.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    National plant protection organization. Official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noncommercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for personal use and not 
for sale.
    Permit. A written, oral, or electronically transmitted 
authorization to import fruits or vegetables in accordance with this 
subpart.
    Phytosanitary certificate. A document, including electronic 
versions, that is related to a consignment and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention (IPPC), a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United Nations (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the plant protection service of the United 
States (Animal and Plant Health Inspection Service);
    (4) Describes the consignment;
    (5) Certifies the place of origin for all contents of the 
consignment;
    (6) Certifies that the consignment has been inspected and/or tested 
according to appropriate official procedures and is considered to be 
free from quarantine pests of the United States;
    (7) Contains any additional declarations required by this subpart; 
and

[[Page 25034]]

    (8) Certifies that the consignment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
    Phytosanitary measure. Any legislation, regulation or official 
procedure having the purpose to prevent the introduction and/or spread 
of quarantine pests, or to limit the economic impact of regulated non-
quarantine pests.
    Place of production. Any premises or collection of fields operated 
as a single production or farming unit. This may include a production 
site that is separately managed for phytosanitary purposes.
    Plant debris. Detached leaves, twigs, or other portions of plants, 
or plant litter or rubbish as distinguished from approved parts of 
clean fruits and vegetables, or other commercial articles.
    Port of first arrival. The first port within the United States 
where a consignment is (1) offered for consumption entry or (2) offered 
for entry for immediate transportation in bond.
    Production site. A defined portion of a place of production 
utilized for the production of a commodity that is managed separately 
for phytosanitary purposes. This may include the entire place of 
production or portions of it. Examples of portions of places of 
production are a defined orchard, grove, field, or premises.
    Quarantine pest. A pest of potential economic importance to the 
area endangered by it and not yet present there, or present but not 
widely distributed there and being officially controlled.
    United States. All of the States of the United States, the 
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, and any other territory or possession of the United States.
    West Indies. The foreign islands lying between North and South 
America, the Caribbean Sea, and the Atlantic Ocean, divided into the 
Bahamas, the Greater Antilles (including Hispaniola), and the Lesser 
Antilles (including the Leeward Islands, the Windward Islands, and the 
islands north of Venezuela).


Sec.  319.56-3  General requirements for all imported fruits and 
vegetables.

    All fruits and vegetables that are allowed importation under this 
subpart must be imported in accordance with the following requirements, 
except as specifically provided otherwise in this subpart.
    (a) Freedom from plant debris. All fruits and vegetables imported 
under this subpart, whether in commercial or noncommercial 
consignments, must be free from plant debris, as defined in Sec.  
319.56-2;
    (b) Permit. (1) All fruits and vegetables imported under this 
subpart, whether commercial or noncommercial consignments, must be 
imported under permit issued by APHIS, must be imported under the 
conditions specified in the permit, and must be imported in accordance 
with all applicable regulations in this part; except for:
    (i) Dried, cured, or processed fruits and vegetables (except frozen 
fruits and vegetables), including cured figs and dates, raisins, nuts, 
and dried beans and peas, except certain acorns and chestnuts subject 
to Sec.  319.56-11 of this subpart;
    (ii) Fruits and vegetables grown in Canada (except potatoes from 
Newfoundland and that portion of the Municipality of Central Saanich in 
the Province of British Columbia east of the West Saanich Road, which 
are prohibited importation into the United States); and
    (iii) Fruits and vegetables except mangoes, grown in the British 
Virgin Islands that are imported into the U.S. Virgin Islands.
    (2) Applying for a permit. Permit applications must be submitted in 
writing or electronically as provided in this paragraph and must be 
submitted in advance of the proposed importation. Applications must 
state the country or locality of origin of the fruits or vegetables, 
the anticipated port of first arrival, the name and address of the 
importer in the United States, and the identity (scientific name 
preferred) and quantity of the fruit or vegetable. Use of PPQ Form 587 
or Internet application is preferred.
    (i) By mail. Persons who wish to apply by mail for a permit to 
import fruits or vegetables into the United States must submit their 
application to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permit Services, 4700 River Road, Unit 136, 
Riverdale, MD 20737-1236.
    (ii) Via the Internet. Persons who wish to apply for a permit to 
import fruits or vegetables into the United States via the internet 
must do so using APHIS Plant Protection and Quarantine's permit Web 
site at http://www.aphis.usda.gov/ppq/permits/.
    (iii) By fax. Persons who wish to apply by fax for a permit to 
import fruits or vegetables into the United States must do so by faxing 
their application to: Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permit Services, (301) 734-5786.
    (3) Issuance of permits. If APHIS approves a permit application, 
APHIS will issue a permit specifying the conditions applicable to the 
importation of the fruit or vegetable.
    (4) Issuance of oral permits. Oral permits may be issued at ports 
of entry for noncommercial consignments if the commodity is admissible 
with inspection only. Oral permits may be issued for commercial 
consignments of fruits and vegetables that are not accompanied by a 
written permit upon arrival in the United States if all applicable 
entry requirements are met and proof of application for a written 
permit is supplied to an inspector.
    (5) Amendment, denial, or withdrawal of permits. The Administrator 
may amend, deny, or withdraw a permit at any time if he or she 
determines that conditions exist that present an unacceptable risk of 
the fruit or vegetable introducing quarantine pests or noxious weeds 
into the United States. If the withdrawal is oral, the withdrawal of 
the permit and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances allow.
    (6) Appeals. Any person whose permit has been amended, denied, or 
withdrawn may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification of the 
decision. The appeal must state all of the facts and reasons upon which 
the person relies to show that the permit was wrongfully amended, 
denied, or withdrawn. The Administrator will grant or deny the appeal, 
in writing, stating the reasons for granting or denying the appeal, as 
promptly as circumstances permit. If there is a conflict as to any 
material fact and the person who has filed an appeal requests a 
hearing, a hearing will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator. 
The permit withdrawal will remain in effect pending resolution of the 
appeal or the hearing.
    (7) Special use permits. The Administrator may grant special use 
permits that authorize the importation of small lots of fruits or 
vegetables that are otherwise prohibited importation under this part, 
provided that the fruits or vegetables:
    (i) Are not intended for commercial distribution;
    (ii) Are to be imported, transported, and stored or displayed under 
specific conditions which the Administrator has

[[Page 25035]]

determined will mitigate the pest risk posed by the imported fruits or 
vegetables; and
    (iii) Are to be consumed, disposed of, destroyed, or re-exported at 
a time and in a manner and place ordered by an inspector or as 
specified in the permit.
    (c) Ports of entry. (1) Fruits and vegetables must be imported into 
specific ports if so required by this subpart or by part 305 of this 
chapter, or if so required by a permit issued under paragraph (b) of 
this section for the importation of the particular fruit or vegetable. 
If a permit issued for the importation of fruits or vegetables names 
specific port(s) where the fruits or vegetables must be imported, the 
fruits and vegetables may only be imported into the port(s) named in 
the permit. If a permit issued for the importation of fruits or 
vegetables does not name specific port(s) where the fruits or 
vegetables must be imported, the fruits and vegetables may be imported 
into any port referenced in paragraph (c)(2) of this section.
    (2) Fruits and vegetables imported under this subpart may be 
imported into any port listed in 19 CFR 101.3(b)(1), except as 
otherwise provided by part 319 or by a permit issued in accordance with 
part 319, and except as provided in Sec.  330.104 of this chapter. 
Fruits and vegetables that are to be cold treated at ports in the 
United States may only be imported into specific ports as provided in 
Sec.  305.15 of this chapter.
    (d) Inspection, treatment, and other requirements. All imported 
fruits or vegetables are subject to inspection, are subject to such 
disinfection at the port of first arrival as may be required by an 
inspector, and are subject to reinspection at other locations at the 
option of an inspector. If an inspector finds plants or portions of 
plants, or a plant pest or noxious weed, or evidence of a plant pest or 
noxious weed on or in any fruit or vegetable or its container, or finds 
that the fruit or vegetable may have been associated with other 
articles infested with plant pests or noxious weeds, the owner or agent 
of the owner of the fruit or vegetable must clean or treat the fruit or 
vegetable and its container as required by an inspector, and the fruit 
or vegetable is also subject to reinspection, cleaning, and treatment 
at the option of an inspector at any time and place until all 
applicable requirements of this subpart have been accomplished.
    (1) Notice of arrival; assembly for inspection. Any person 
importing fruits and vegetables into the United States must offer those 
agricultural products for inspection and entry at the port of first 
arrival. The owner or agent must assemble the fruits and vegetables for 
inspection at the port of first arrival, or at any other place 
designated by an inspector, and in a manner designated by the 
inspector. All fruits and vegetables must be accurately disclosed and 
made available to an inspector for examination. The owner or the agent 
must provide an inspector with the name and address of the consignee 
and must make full disclosure of the type, quantity, and country and 
locality of origin of all fruits and vegetables in the consignment, 
either orally for noncommercial consignments or on an invoice or 
similar document for commercial consignments.
    (2) Refusal of entry. If an inspector finds that an imported fruit 
or vegetable is prohibited, or is not accompanied by required 
documentation, or is so infested with a plant pest or noxious weed 
that, in the judgment of the inspector, it cannot be cleaned or 
treated, or contains soil or other prohibited contaminants, the entire 
lot or consignment may be refused entry into the United States.
    (3) Release for movement. No person may move a fruit or vegetable 
from the port of first arrival unless an inspector has either:
    (i) Released it;
    (ii) Ordered treatment at the port of first arrival and, after 
treatment, released the fruit or vegetable;
    (iii) Authorized movement of the fruit or vegetable to another 
location for treatment, further inspection, or destruction; or
    (iv) Ordered the fruit or vegetable to be reexported.
    (4) Notice to owner of actions ordered by inspector. If an 
inspector orders any disinfection, cleaning, treatment, reexportation, 
recall, destruction, or other action with regard to imported fruits or 
vegetables while the shipment is in foreign commerce, the inspector 
will issue an emergency action notification (PPQ Form 523) to the owner 
of the fruits or vegetables or to the owner's agent. The owner must, 
within the time and in the manner specified in the PPQ Form 523, 
destroy the fruits and vegetables, ship them to a point outside the 
United States, move them to an authorized site, and/or apply treatments 
or other safeguards to the fruits and vegetables as prescribed to 
prevent the introduction of plant pests or noxious weeds into the 
United States.
    (e) Costs and charges. APHIS will be responsible only for the costs 
of providing the services of an inspector during regularly assigned 
hours of duty and at the usual places of duty.\1\ The owner of imported 
fruits or vegetables is responsible for all additional costs of 
inspection, treatment, movement, storage, destruction, or other 
measures ordered by an inspector under this subpart, including any 
labor, chemicals, packing materials, or other supplies required. APHIS 
will not be responsible for any costs or charges, other than those 
identified in this section.
---------------------------------------------------------------------------

    \1\ Provisions relating to costs for other services of an 
inspector are contained in part 354 of this chapter.
---------------------------------------------------------------------------

    (f) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to fruits or vegetables that results from 
the application of treatments or other measures required under this 
subpart (or under part 305 of this chapter) to protect against the 
introduction of plant pests into the United States.


Sec.  319.56-4  Approval of certain fruits and vegetables for 
importation.

    (a) Determination by the Administrator. The Administrator has 
determined that the application of one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section to 
certain imported fruits and vegetables mitigates the risk posed by 
those commodities, and that such fruits and vegetables may be imported 
into the United States subject to one or more of those measures, as 
provided in paragraphs (c) and (d) of this section. The name and origin 
of all fruits and vegetables authorized importation under this section, 
as well as the applicable requirements for their importation may be 
found on the Internet at http://www.aphis.usda.gov/ppq/manuals/port/FV_Chapters.htm. Commodities that require phytosanitary measures other 
than one or more of the designated phytosanitary measures cited in 
paragraph (b) of this section may only be imported in accordance with 
applicable requirements in Sec.  319.56-3 and commodity-specific 
requirements contained elsewhere in this subpart.
    (b) Designated phytosanitary measures.
    (1) Fruits or vegetables are subject to inspection upon arrival in 
the United States and comply with all applicable provisions of Sec.  
319.56-3.
    (2) The fruits or vegetables are imported from a pest-free area in 
the country of origin and are accompanied by a phytosanitary 
certificate stating that the fruits or vegetables originated in a pest-
free area in the country of origin.
    (3) The fruits or vegetables are treated in accordance with part 
305 of this chapter.

[[Page 25036]]

    (4) The fruits or vegetables are inspected in the country of origin 
by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by risk analysis as likely 
to follow the import pathway.
    (c) Fruits and vegetables authorized importation under this 
section.
    (1) Previously approved fruits and vegetables. Fruits and 
vegetables that were authorized importation under this subpart either 
directly by permit or by specific regulation as of [effective date of 
final rule] and that were subject only to one or more of the designated 
phytosanitary measures cited in paragraph (b) of this section and the 
general requirements of Sec.  319.56-3, may continue to be imported 
into the United States under the same requirements that applied before 
[effective date of final rule], except as provided in paragraph (d) of 
this section.
    (2) Other fruits and vegetables. Fruits and vegetables that do not 
meet the criteria in paragraph (c)(1) of this section may be authorized 
importation under this section as follows:
    (i) Pest risk analysis. The risk posed by the particular fruit or 
vegetable from a specified country or other region has been evaluated 
and publicly communicated as follows:
    (A) Availability of pest risk analysis. APHIS published in the 
Federal Register, for a minimum of 60 days public comment, a notice 
announcing the availability of a pest risk analysis that evaluated the 
risks associated with the importation of the particular fruit or 
vegetable.
    (B) Determination of risk; factors considered. The Administrator 
determined, and announced in the notice referred to in the previous 
paragraph, that, based on the information available, the application of 
one or more of the designated phytosanitary measures described in 
paragraph (b) of this section is sufficient to mitigate the risk that 
plant pests or noxious weeds could be introduced into or disseminated 
within the United States via the imported fruit or vegetable. In order 
for the Administrator to make the determination described in this 
paragraph, the risk analysis for the fruit or vegetable must find that 
the risk posed by each quarantine pest associated with the fruit or 
vegetable in the country or other region of origin is mitigated by one 
or more of the following factors:
    (1) Inspection. A quarantine pest is associated with the commodity 
in the country or region of origin, but the pest can be easily detected 
via inspection;
    (2) Pest freedom. No quarantine pests are known to be associated 
with the fruit or vegetable in the country or region of origin, or a 
quarantine pest is associated with the commodity in the country or 
region of origin but the commodity originates from an area in the 
country or region that meets the requirements of Sec.  319.56-5 for 
freedom from that pest;
    (3) Effectiveness of treatment. A quarantine pest is associated 
with the fruit or vegetable in the country or region of origin, but the 
risk posed by the pest can be reduced by applying an approved post-
harvest treatment to the fruit or vegetable.
    (4) Pre-export inspection. A quarantine pest is associated with the 
commodity in the country or region of origin, but the commodity is 
subject to pre-export inspection, and the commodity is to be 
accompanied by a phytosanitary certificate that contains an additional 
declaration that the commodity has been inspected and found free of 
such pests in the country or region of origin.
    (ii) Issuance of import permits. The Administrator announced in a 
subsequent Federal Register notice that APHIS would begin issuing 
permits for importation of the fruit or vegetable subject to 
requirements specified in the notice because:
    (A) No comments were received on the pest risk analysis;
    (B) The comments on the pest risk analysis revealed that no changes 
to the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination of risk.
    (d) Amendment of import requirements. If, after [effective date of 
final rule] the Administrator determines that one or more of the 
designated phytosanitary measures is not sufficient to mitigate the 
risk posed by any of the fruits and vegetables that are authorized 
importation into the United States under this section, APHIS may 
prohibit or further restrict importation of the fruit or vegetable and 
publish a notice in the Federal Register advising the public of its 
finding. The notice will specify the amended import requirements, 
provide an effective date for the change, and will invite public 
comment on the subject.


Sec.  319.56-5  Pest-free areas.

    As provided elsewhere in this subpart, certain fruits and 
vegetables may be imported into the United States provided that the 
fruits or vegetables originate from an area that is free of a specific 
pest or pests. In some cases, fruits or vegetables may only be imported 
if the area of export is free of all quarantine pests that attack the 
fruit or vegetable. In other cases, fruits and vegetables may be 
imported if the area of export is free of one or more quarantine pests 
that attack the fruit or vegetable, and provided that the risk posed by 
the remaining quarantine pests that attack the fruit or vegetable is 
mitigated by other specific phytosanitary measures contained in the 
regulations in this subpart.
    (a) Application of international standard for pest free areas. 
APHIS requires that determinations of pest-free areas be made in 
accordance with the criteria for establishing freedom from pests found 
in International Standard for Phytosanitary Measures No. 4, 
``Requirements for the establishment of pest free areas.'' The 
international standard was established by the International Plant 
Protection Convention of the United Nations' Food and Agriculture 
Organization and is incorporated by reference in Sec.  300.6 of this 
chapter.
    (b) Survey protocols. APHIS must approve the survey protocol used 
to determine and maintain pest-free status, as well protocols for 
actions to be performed upon detection of a pest. Pest-free areas are 
subject to audit by APHIS to verify their status.
    (c) Determination of pest freedom. For an area to be considered 
free of a specified pest for the purposes of this subpart, the 
Administrator must determine, and announce in a notice or rule 
published in the Federal Register, that the area meets the criteria of 
paragraphs (a) and (b) of this section.
    (d) Decertification of pest-free areas; reinstatement. If a pest is 
detected in an area that is designated as free of that pest, APHIS 
would publish in the Federal Register a notice announcing that the 
pest-free status of the area in question has been withdrawn, and that 
imports of host crops for the pest in question are subject to 
application of an approved treatment for the pest. If a treatment for 
the pest is not available, the host crops would be prohibited 
importation. In order for a decertified pest-free area to be 
reinstated, it would have to meet the criteria of paragraphs (a) and 
(b) of this section.
    (e) General requirements for fruits and vegetables imported from 
pest-free areas.
    (1) Labeling. Each box of fruits or vegetables that is imported 
into the United States from a pest-free area under this subpart must be 
clearly labeled with:

[[Page 25037]]

    (i) The name of the orchard or grove of origin, or the name of the 
grower; and
    (ii) The name of the municipality and State in which the fruits or 
vegetables were produced; and
    (iii) The type and amount of fruit the box contains.
    (2) Phytosanitary certificate. A phytosanitary certificate must 
accompany the imported fruits or vegetables, and must contain an 
additional declaration that the fruits originate from a pest-free area 
that meets the requirements of paragraphs (a) and (b) of this section.
    (3) Safeguarding. If fruits or vegetables are moved from a pest-
free area into or through an area that is not free of that pest, the 
fruits or vegetables must be safeguarded during the time they are 
present in a non-pest-free area by being covered with insect-proof mesh 
screens or plastic tarpaulins, including while in transit to the 
packing house and while awaiting packaging. If fruits or vegetables are 
moved through an area that is not free of that pest during transit to a 
port, they must be packed in insect-proof cartons or containers or be 
covered by insect-proof mesh or plastic tarpaulins during transit to 
the port and subsequent export to the United States. These safeguards 
described in this section must be intact upon arrival in the United 
States.


Sec.  319.56-6  Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of fruits or vegetables 
and APHIS services are to be funded by the national plant protection 
organization of the exporting country or a private export group, then 
the national plant protection organization or the private export group 
must enter into a trust fund agreement with APHIS that is in effect at 
the time the fruits or vegetables are exported. Under the agreement, 
the national plant protection organization of the exporting country or 
the private export group must pay in advance all estimated costs that 
APHIS expects to incur in providing inspection services in the 
exporting country. These costs will include administrative expenses 
incurred in conducting the services and all salaries (including 
overtime and the Federal share of employee benefits), travel expenses 
(including per diem expenses), and other incidental expenses incurred 
by the inspectors in performing services. The agreement must require 
the national plant protection organization of the exporting country or 
region or a private export group to deposit a certified or cashier's 
check with APHIS for the amount of those costs, as estimated by APHIS. 
The agreement must further specify that, if the deposit is not 
sufficient to meet all costs incurred by APHIS, the national plant 
protection organization of the exporting country or a private export 
group must deposit with APHIS, before the services will be completed, a 
certified or cashier's check for the amount of the remaining costs, as 
determined by APHIS. After a final audit at the conclusion of each 
shipping season, any overpayment of funds would be returned to the 
national plant protection organization of the exporting country or 
region or a private export group, or held on account.


Sec.  319.56-7  Territorial applicability and exceptions.

    (a) The regulations in this subpart apply to importations of fruits 
and vegetables into any area of the United States, except as provided 
in this section.
    (b) Importations of fruits and vegetables into Guam.
    (1) The following fruits and vegetables may be imported into Guam 
without treatment, except as may be required under Sec.  319.56-3(d), 
and in accordance with all the requirements of this subpart as modified 
by this section:
    (i) All leafy vegetables and root crops from the Bonin Islands, 
Volcano Islands, and Ryukyu Islands.
    (ii) All fruits and vegetables from Palau and the Federated States 
of Micronesia (FSM), except Artocarpus spp. (breadfruit, jackfruit, and 
chempedak), citrus, curacao apple, guava, Malay or mountain apple 
(Syzygium spp.), mango, and papaya, and except dasheen from the Yap 
district of FSM and from Palau, and bitter melon (Momordica charantia) 
from Palau. The excepted products are approved for entry into Guam 
after treatment with an approved treatment listed in part 305.
    (iii) Allium (without tops), artichokes, bananas, bell peppers, 
cabbage, carrots, celery, Chinese cabbage, citrus fruits, eggplant, 
grapes, lettuce, melons, okra, parsley, peas, persimmons, potatoes, 
rhubarb, squash (Cucurbita maxima), stone and pome fruits, string 
beans, sweet potatoes, tomatoes, turnip greens, turnips, and 
watermelons from Japan and Korea.
    (iv) Leafy vegetables, celery, and potatoes from the Philippine 
Islands.
    (v) Carrots (without tops), celery, lettuce, peas, potatoes, and 
radishes (without tops) from Australia.
    (vi) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots 
(without tops), cassava, cauliflower, celery, chives, cow-cabbage, 
dasheen, garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce, 
onions, Portuguese cabbage, turnip, udo, water chestnut, watercress, 
waterlily root, and yam bean root from Taiwan.
    (vii) Lettuce from Papua New Guinea.
    (viii) Carrots (without tops), celery, lettuce, loquats, onions, 
persimmons, potatoes, tomatoes, and stone fruits from New Zealand.
    (ix) Asparagus, carrots (without tops), celery, lettuce, and 
radishes (without tops) from Thailand.
    (x) Green corn on the cob.
    (xi) All other fruits and vegetables approved for entry into any 
other part or port of the United States, and except any which are 
specifically designated in this subpart as not approved.
    (2) An inspector in Guam may accept an oral application and issue 
an oral permit for products listed in paragraph (a) of this section, 
which is deemed to fulfill the requirements of Sec.  319.56-3(b) of 
this subpart. The inspector may waive the documentation required in 
Sec.  319.56-3 for such products whenever the inspector finds that 
information available from other sources meets the requirements under 
this subpart for the information normally supplied by such 
documentation.
    (3) The provisions of Sec.  319.56-11 do not apply to chestnuts and 
acorns imported into Guam, which are enterable into Guam without permit 
or other restriction under this subpart. If chestnuts or acorns 
imported under this paragraph are found infected, infested, or 
contaminated with any plant pest and are not subject to disposal under 
this subpart, disposition may be made in accordance with Sec.  330.106 
of this chapter.
    (4) Baskets or other containers made of coconut fronds are not 
approved for use as containers for fruits and vegetables imported into 
Guam. Fruits and vegetables in such baskets or containers offered for 
importation into Guam will not be regarded as meeting Sec.  319.56-
3(a).
    (c) Importation of fruits and vegetables into the U.S. Virgin 
Islands. (1) Fruits and vegetables grown in the British Virgin Islands 
may be imported into the U.S. Virgin Islands in accordance with Sec.  
319.56-3 of this subpart, except that:
    (i) Such fruits and vegetables are exempt from the permit 
requirements of Sec.  319.56-3(b); and
    (ii) Mangoes grown in the British Virgin Islands are prohibited 
entry into the U.S. Virgin Islands.
    (2) Okra produced in the West Indies may be imported into the U.S. 
Virgin Islands without treatment but are

[[Page 25038]]

subject to inspection at the port of arrival.


Sec. Sec.  319.56-8 through 319.56-9  [Reserved]


Sec.  319.56-10  Importation of fruits and vegetables from Canada.

    Fruits and vegetables grown in Canada may be imported into the 
United States subject to applicable requirements in Sec.  319.56-3, 
except that, in accordance with Sec.  319.37-2 of this part, potatoes 
from Newfoundland and that portion of the Municipality of Central 
Saanich in the Province of British Columbia east of the West Saanich 
Road may not be imported into the United States.


Sec.  319.56-11  Importation of dried, cured, or processed fruits, 
vegetables, nuts, and legumes.

    (a) Dried, cured, or processed fruits and vegetables (except frozen 
fruits and vegetables), including cured figs and dates, raisins, nuts, 
and dried beans and peas, may be imported without permit, phytosanitary 
certificate, or other compliance with this subpart, except as 
specifically provided otherwise in this section or elsewhere in this 
part.
    (b) Acorns and chestnuts. (1) From countries other than Canada and 
Mexico; treatment required. Acorns and chestnuts intended for purposes 
other than propagation, except those grown in and shipped from Canada 
and Mexico, must be imported into the United States under permit, and 
subject to all the requirements of Sec.  319.56-3, and must be treated 
with an approved treatment listed in part 305 of this chapter.\2\
---------------------------------------------------------------------------

    \2\ Acorns and chestnuts imported into Guam are subject to the 
requirements of Sec.  319.56-7(b).
---------------------------------------------------------------------------

    (2) From Canada and Mexico. Acorns and chestnuts grown in and 
shipped from Canada and Mexico for purposes other than propagation may 
be imported in accordance with paragraph (a) of this section.
    (3) For propagation. Acorns and chestnuts from any country may be 
imported for propagation only in accordance with the applicable 
requirements in Sec. Sec.  319.37 through 319.37-14 of this part.
    (c) Macadamia nuts. Macadamia nuts in the husk or shell are 
prohibited importation into the United States unless the macadamia nuts 
were produced in, and imported from, St. Eustatius.


Sec.  319.56-12  Importation of frozen fruits and vegetables.

    Frozen fruits and vegetables may be imported into the United States 
in accordance with Sec.  319.56-3. Such fruits and vegetables must be 
held at a temperature not higher than 20 [deg]F during shipping and 
upon arrival in the United States, and in accordance with the 
requirements for importing frozen fruits and vegetables in part 305 of 
this chapter. The importation from foreign countries of frozen fruits 
and vegetables is not authorized when such fruits and vegetables are 
subject to attack in the area of origin by plant pests that may not, in 
the judgment of the Administrator, be destroyed by quick freezing.


Sec.  319.56-13  Fruits and vegetables allowed importation subject to 
specified conditions.

    (a) The following fruits and vegetables may be imported in 
accordance with Sec.  319.56-3 and any additional requirements 
specified in this section.

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Country/locality of  origin          Common name             Botanical name            Plant part(s)               Additional  requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Algeria...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Angola............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Antigua and Barbuda...............  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Argentina.........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Australia (Tasmania only).........  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Austria...........................  Asparagus, white.....  Asparagus officinalis.....  Shoot................  (b)(4)(iii).
Bahamas...........................  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Barbados..........................  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Belgium...........................  Apricot..............  Prunus armeniaca..........  Fruit................  (b)(5)(xiv).
                                    Cucumber.............  Cucumis sativus...........  Fruit................  (b)(3).
                                    Fig..................  Ficus carica..............  Fruit................  (b)(5)(xiv).
                                    Nectarine............  Prunus persica var.         Fruit................  (b)(5)(xiv).
                                                            nucipersica.
                                    Peach................  Prunus persica............  Fruit................  (b)(5)(xiv).
                                    Plum.................  Prunus domestica..........  Fruit................  (b)(5)(xiv).
Belize............................  Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(1)(i), (b)(2)(iii).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3).
Benin.............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Bolivia...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Brazil............................  Cantaloupe...........  Cucumis melo var.           Fruit................  (b)(1)(v), (b)(3).
                                                            cantaloupensis.
                                    Cassava..............  Manihot esculenta.........  Fruit................  (b)(2)(vii).
                                    Honeydew melon.......  Cucumis melo..............  Fruit................  (b)(1)(v), (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Watermelon...........  Citrullus lanatus var.      Fruit................  (b)(1)(v), (b)(3).
                                                            lanatus.
Burkina Faso......................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Cameroon..........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Cayman Islands....................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Chile.............................  African horned         Cucumis metuliferus.......  Fruit................  (b)(2)(i).
                                     cucumber.
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).

[[Page 25039]]

 
China.............................  Litchi...............  Litchi chinensis..........  Fruit................  (b)(2)(v).
Columbia..........................  Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Yellow pitaya........  Selinicereus megalanthus..  Fruit................  (b)(5)(xvi).
Congo, Democratic Republic of.....  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Cook Islands......................  Ginger...............  Zingiber officinalis......  Root.................  (b)(2)(ii).
                                    Banana...............  Musa spp..................  Fruit................  (b)(4)(i).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi), (b)(5)(vii).
Costa Rica........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3).
Cote d'Ivoire.....................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Cyprus............................  Lemon................  Citrus limon..............  Fruit................  (b)(3).
                                    Lime.................  Citrus aurantiifolia and    Fruit................  (b)(3).
                                                            Citrus limettioides.
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3).
Dominica..........................  Grapefruit...........  Citrus paradisi...........  Fruit................  (b)(3).
                                    Orange, sweet........  Citrus sinensis...........  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Tangerine............  Citrus reticulata.........  Fruit................  (b)(3).
Dominican Republic................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(iii), (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(iii), (b)(2)(vi).
                                    Ethrog...............  Citrus medica.............  Fruit................  (b)(3).
                                    Honeydew melon.......  Cucumis melo..............  Fruit................  (b)(3).
Ecuador...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(iii), (b)(2)(vi).
Egypt.............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
El Salvador.......................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit with stem......  (b)(3).
                                    Fennel...............  Foeniculum vulgare........  Leaf and stem........  (b)(2)(i).
                                    German chamomile.....  Matricaria recutita and     Flower and leaf......  (b)(2)(i).
                                                            Matricaria chamomilla.
                                    Oregano or sweet       Origanum spp..............  Leaf and stem........  (b)(2)(i).
                                     marjoram.
                                    Parsley..............  Petroselinum crispum......  Leaf and stem........  (b)(2)(i).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Rosemary.............  Rosmarinus officinalis....  Leaf and stem........  (b)(2)(i).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3).
                                    Waterlily or lotus...  Nelumbo nucifera..........  Roots without soil...  (b)(2)(i).
                                    Yam-bean or Jicama...  Pachyrhizus spp...........  Roots without soil...  (b)(2)(i).
Fiji..............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi), (b)(5)(vii).
France............................  Bean.................  Glycine max (Soybean);      Fruit................  (b)(5)(xiii).
                                                            Phaseolus coccineus,
                                                            (Scarlet or french runner
                                                            bean); Phaseolus lunatus
                                                            (lima bean); Phaseolus
                                                            vulgaris (green bean,
                                                            kidney bean, navy bean,
                                                            pinto bean, red bean,
                                                            string bean, white bean);
                                                            Vicia faba (faba bean,
                                                            broadbean, haba,
                                                            habichuela, horsebean,
                                                            silkworm bean, windsor
                                                            bean; Vigna radiata (mung
                                                            bean); Vigna unguiculata
                                                            (includes: ssp.
                                                            cylindrica, ssp.
                                                            dekintiana, ssp.
                                                            sesquipedalis (yard-long
                                                            bean, asparagus bean,
                                                            long bean) ssp.
                                                            unguiculata (southern
                                                            pea, black-eyed bean,
                                                            black-eyed pea, cowpea,
                                                            crowder pea)).
                                    Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Tomato...............  Lycopersicon esculentum...  Fruit, stem and leaf.  (b)(4)(ii).
French Guiana.....................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
French Polynesia, including Tahiti  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi), (b)(5)(vii).
Ghana.............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Greece............................  Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3).
Grenada...........................  Atemoya..............  Annona squamosa x A.        Fruit................  (b)(3).
                                                            cherimola.
                                    Cherimoya............  Annona cherimola..........  Fruit................  (b)(3).
                                    Custard apple........  Annona reticulata.........  Fruit................  (b)(3).
                                    Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).

[[Page 25040]]

 
                                    Soursop..............  Annona muricata...........  Fruit................  (b)(3).
                                    Sugar apple..........  Annona squamosa...........  Fruit................  (b)(3).
Guadeloupe........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Guatemala.........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Fennel...............  Foeniculum vulgare........  Leaf and stem........  (b)(2)(i).
                                    German chamomile.....  Matricaria recutita and     Flower and leaf......  (b)(2)(i).
                                                            Matricaria chamomilla.
                                    Naranjilla...........  Solanum quitoense.........  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(1)(i), (b)(2)(iii).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Rosemary.............  Rosmarinus officinalis....  Leaf and stem........  (b)(2)(i).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
                                    Waterlily or lotus...  Nelumbo nucifera..........  Roots without soil...  (b)(2)(i).
                                    Yam-bean or jicama...  Pachyrhizus spp...........  Roots without soil...  (b)(2)(i).
Guinea............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Guyana............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Haiti.............................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Honduras..........................  Basil................  Ocimum basilicum..........  Leaf and stem........  (b)(2)(i), (b)(5)(iv).
                                    Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    German chamomile.....  Matricaria recutita and     Flower and leaf......  (b)(2)(i).
                                                            Matricaria chamomilla.
                                    Oregano or sweet       Origanum spp..............  Leaf and stem........  (b)(2)(i).
                                     marjoram.
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
                                    Waterlily or lotus...  Nelumbo nucifera..........  Roots without soil...  (b)(2)(i).
                                    Yam-bean or Jicama...  Pachyrhizus spp...........  Roots without soil...  (b)(2)(i).
India.............................  Litchi...............  Litchi chinensis..........  Fruit................  (b)(2)(v).
Indonesia.........................  Dasheen..............  Colocasia spp., Alocasia    Tuber................  (b)(2)(iv).
                                                            spp., and Xanthosoma spp.
Israel............................  Melon................  Cucumis melo only.........  Fruit................  (b)(5)(viii).
                                    Tomato (green).......  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii) or
                                                                                                              (b)(3), (b)(5)(xvii).
                                    Tomato (red or pink).  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(5)(ix) or
                                                                                                              (b)(3), (b)(5)(xvii).
Italy.............................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Garlic...............  Allium sativum............  Bulb.................  (b)(5)(iv).\1\
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
Jamaica...........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(iii), (b)(2)(iv),
                                                                                                              (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Japan.............................  Bean (garden)........  Phaseolus vulgaris........  Fruit................  (b)(2)(x), (b)(5)(xiv).
                                    Cucumber.............  Cucumis sativas...........  Fruit................  (b)(2)(x), (b)(5)(xv).
                                    Pepper...............  Capsicum spp..............  Fruit................  (b)(2)(x), (b)(5)(xiv).
                                    Sand pear............  Pyrus pyrifolia var. culta  Fruit................  (b)(5)(x).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(2)(x), (b)(5)(xv).
Kenya.............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Liberia...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Mali..............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Martinique........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Mauritania........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Mexico............................  Coconut..............  Cocos nucifera............  Fruit with milk and    (b)(5)(v).
                                                                                        husk.\2\
                                    Fig..................  Ficus carica..............  Fruit................  (b)(1)(iii), (b)(2)(i).
                                    Pitaya...............  Hylocereus spp............  Fruit................  (b)(1)(iv), (b)(2)(i).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
Montserrat........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Morocco...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Morocco and Western Sahara........  Tomato...............  Lycopersicon esculentum...  Fruit, stem, and leaf  (b)(4)(ii).

[[Page 25041]]

 
Netherlands.......................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(2)(iii), (b)(3).
                                    Peach................  Prunus persica............  Fruit................  (b)(5)(xiv).
                                    Pepper...............  Capsicum spp..............  Fruit................  (b)(5)(xi).
Netherlands Antilles..............  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
New Zealand.......................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Passion fruit........  Passiflora spp............  Fruit................  (b)(2)(vi).
Nicaragua.........................  Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit with stem......  (b)(3).
                                    Fennel...............  Foeniculum vulgare........  Leaf and stem........  (b)(2)(i).
                                    German chamomile.....  Matricaria recutita and     Flower and leaf......  (b)(2)(i).
                                                            Matricaria chamomilla.
                                    Naranjilla...........  Solanum quitoense.........  Fruit................  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
                                    Waterlily or lotus...  Nelumbo nucifera..........  Roots without soil...  (b)(2)(i).
                                    Yam-bean or Jicama...  Pachyrhizus spp...........  Roots without soil...  (b)(2)(i).
Niger.............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Nigeria...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Panama............................  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(2)(iii), (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Rambutan.............  Nephelium lappaceum.......  Fruit................  (b)(2)(i), (b)(5)(iii).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
Paraguay..........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Peru..............................  Honeydew melon.......  Cucumis melo..............  Fruit................  (b)(1)(v), (b)(2)(i),
                                                                                                              (b)(3), (b)(5)(xii).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Philippines.......................  Pineapple............  Ananas comosus............  Fruit................  (b)(5)(vii).
Portugal (including Azores).......  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Portugal (Azores only)............  Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(3), (b)(4)(ii).
Republic of Korea.................  Dasheen..............  Colocasia spp., Alocasia    Root.................  (b)(2)(iv).
                                                            spp., and Xanthosoma spp.
                                    Sand pear............  Pyrus pyrifolia var. culta  Fruit................  (b)(5)(x).
                                    Strawberry...........  Fragaria spp..............  Fruit................  (b)(5)(ii).
St. Kitts and Nevis...............  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
St. Lucia.........................  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
St. Martin........................  Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Barbados cherry......  Malpighia glabra..........  Fruit................  (b)(2)(vi).
St. Vincent.......................  Cucurbit.............  As defined in 319.56-2....  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Senegal...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Sierra Leone......................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
South Africa......................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Spain.............................  Cucumber.............  Cucumis sativus...........  Fruit................  (b)(3).
                                    Cucurbit.............  Cucurbitaceae.............  Above ground parts...  (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit with stem......  (b)(3).
                                    Garlic...............  Allium sativum............  Bulb.................  (b)(5)(vi).\1\
                                    Lemon................  Citrus limon..............  Fruit................  (b)(3).
                                    Lettuce..............  Lactuca spp...............  Above ground parts...  (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Tomato...............  Lycopersicon esculentum...  Fruit................  (b)(4)(ii).
                                    Watermelon...........  Citrullus lanatus var.      Fruit................  (b)(3).
                                                            lanatus.
Sri Lanka.........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi), (b)(5)(vii).
Taiwan............................  Brassica.............  Brassica oleracea.........  Above ground parts...  (b)(2)(viii).
                                    Carambola............  Averrhoa carambola........  Fruit................  (b)(2)(ix), (b)(5)(xviii).
                                    Litchi...............  Litchi chinensis..........  Fruit................  (b)(2)(v).
Thailand..........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi), (b)(5)(vii).
Togo..............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Trinidad and Tobago...............  Cassava..............  Manihot exculenta.........  Fruit................  (b)(2)(vi).
                                    Cucurbit.............  Cucurbitaceae.............  Above ground parts...  (b)(2)(iii), (b)(3).
                                    Eggplant.............  Solanum melongena.........  Fruit................  (b)(3).
                                    Cucurbit.............  Cucurbitaceae.............  Fruit................  (b)(3)
                                    Lime, sour...........  Citrus aurantiifolia......  Fruit................  (b)(3).
                                    Papaya...............  Carica papaya.............  Fruit................  (b)(2)(vi).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).

[[Page 25042]]

 
Tunisia...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Turkey............................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Uruguay...........................  Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
Venezuela.........................  Cantaloupe...........  Cucumis melo var.           Fruit................  (b)(1)(v), (b)(3).
                                                            cantaloupensis.
                                    Honeydew melon.......  Cucumis melo..............  Fruit................  (b)(1)(v), (b)(3).
                                    Pineapple............  Ananas comosus............  Fruit................  (b)(2)(vi).
                                    Watermelon...........  Citrullus lanatus var.      Fruit................  (b)(1)(v), (b)(3).
                                                            lanatus.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Also eligible for importation if treated with an approved treatment listed in part 305 of this chapter.
\2\ Fruit without husk may be imported subject to the requirements of Sec.   319.56-5.

    (b) Additional restrictions for applicable fruits and vegetables as 
specified in paragraph (a) of this section.
    (1) Pest-free areas.
    (i) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the Mediterranean fruit fly 
(Medfly), and must meet applicable requirements of Sec.  319.56-5.
    (ii) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the Mediterranean fruit fly 
(Medfly), and must meet applicable requirements of Sec.  319.56-5. 
Fruit from outside Medfly-free areas must be treated in accordance with 
an approved treatment listed in part 305 of this chapter.
    (iii) The commodity must be from an area that meets the 
requirements of Sec.  319.56-5 for freedom from fruit flies, and must 
meet applicable requirements of Sec.  319.56-5.
    (iv) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from fruit flies, and must meet 
applicable requirements of Sec.  319.56-5. The phytosanitary 
certificate must also include an additional declaration stating: ``Upon 
inspection, these articles were found free of Dysmicoccus neobrevipes 
and Planococcus minor.''
    (v) The commodity must be from an area that meets the requirements 
of Sec.  319.56-5 for freedom from the South American cucurbit fly, and 
must meet applicable requirements of Sec.  319.56-5.
    (2) Restricted importation and distribution.
    (i) Prohibited entry into Puerto Rico, Virgin Islands, Hawaii, and 
Guam. Cartons in which commodity is packed must be stamped ``Not for 
importation into or distribution within PR, VI, HI, or Guam.''
    (ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam. 
Cartons in which commodity is packed must be stamped ``Not for 
importation into or distribution within PR, VI, or Guam.''
    (iii) Prohibited entry into Hawaii. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within HI.''
    (iv) Prohibited entry into Guam. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within Guam.''
    (v) Prohibited entry into Florida. Cartons in which commodity is 
packed must be stamped ``Not for importation into or distribution 
within FL.''
    (vi) Prohibited entry into Hawaii.
    (vii) Prohibited entry into Puerto Rico, Virgin Islands, and 
Hawaii.
    (viii) Prohibited entry into Alaska.
    (ix) Prohibited entry into Florida.
    (x) Allowed importation into Hawaii only.
    (3) Commercial shipments only.
    (4) Stage of development.
    (i) The bananas must be green at the time of export. Inspectors at 
the port of arrival will determine that the bananas were green at the 
time of export if:
    (1) Bananas shipped by air are still green upon arrival in the 
United States; and
    (2) bananas shipped by sea are either still green upon arrival in 
the United States or yellow but firm.
    (ii) The tomatoes must be green upon arrival in the United States. 
Pink or red fruit may only be imported in accordance with other 
provisions of Sec.  319.56-13 or Sec.  319.56-28 of this subpart.
    (iii) No green may be visible on the shoot.
    (5) Other conditions.
    (i) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the commodity is apparently free of Acrolepiopsis 
assectella.
    (ii) Entry permitted only from September 15 to May 31, inclusive, 
to prevent the introduction of a complex of exotic pests including, but 
not limited to a thrips (Haplothrips chinensis) and a leafroller (Capua 
tortrix).
    (iii) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is free from Coccus moestus, C. viridis, 
Dysmicoccus neobrevipes, Planococcus lilacinus, P. minor, and 
Psedococcus landoi; and all damaged fruit was removed from the shipment 
prior to export under the supervision of the NPPO.
    (iv) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is free from Planococcus minor.
    (v) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the fruit is of the Malayan dwarf variety or Maypan 
variety (=F1 hybrid, Malayan Dwarf x Panama Tall) (which are 
resistant to lethal yellowing disease) based on verification of the 
parent stock.
    (vi) Must be accompanied by a phytosanitary certificate issued by 
the NPPO of the country of origin with an additional declaration 
stating that the commodity is free of living stages of Brachycerus spp. 
and Dyspessa ulula (Bkh.), based on field inspection and certification 
and reexamination at the port of departure prior to exportation.
    (vii) Only the Tahiti Queen cultivar and varieties which are at 
least 50 percent smooth Cayenne by lineage are admissible. The importer 
or the importer's agent must provide the inspector with documentation 
that establishes the variety's lineage. This document is necessary only 
with the first importation.
    (viii) Prohibited from the Palestinian controlled portions of the 
West Bank and Gaza Strip; otherwise, must be accompanied by a 
phytosanitary certificate which declares that the melons were grown in 
approved areas in the Arava Valley or the Kadesh-Barnea area of Israel, 
the fields where the melons were grown were inspected prior to harvest, 
and the melons were inspected prior to export and found free of pests.
    (ix) Prohibited from the Palestinian controlled portions of the 
West Bank and Gaza Strip; otherwise must be accompanied by a 
phytosanitary certificate which declares that only tomato varieties 
111, 121, 124, 139, and 144 are included in the shipment and

[[Page 25043]]

the tomatoes were packed into fruit fly proof containers within 24 
hours after harvesting.
    (x) Only precleared shipments are authorized. The shipment must be 
accompanied by a PPQ Form 203 signed by the APHIS inspector on site in 
the exporting country.
    (xi) Must be accompanied by a phytosanitary certificate stating: 
``The peppers in this shipment have been inspected and verified as 
being grown in greenhouses in the Netherlands.''
    (xii) Must be accompanied by a phytosanitary certificate issued by 
the National Plant Protection Organization of the exporting country 
that includes a declaration indicating that the fruit was inspected and 
found free of the gray pineapple mealybug (Dysmicoccus neobrevipes).
    (xiii) Must be accompanied by a phytosanitary certificate issued by 
the National Plant Protection Organization of the exporting country 
that includes a declaration certifying that the products were grown and 
packed in the exporting country.
    (xiv) Must be accompanied by a phytosanitary certificate issued by 
the National Plant Protection Organization of the exporting country 
that includes a declaration certifying that the products were grown in 
a greenhouse in the exporting country.
    (xv) Must be accompanied by a phytosanitary certificate issued by 
the National Plant Protection Organization of the exporting country 
that includes a declaration certifying that the products were grown in 
a greenhouse in the exporting country on Honshu Island or north 
thereof.
    (xvi) Only precleared shipments that have been treated with an 
approved treatment listed in 7 CFR part 305 are authorized. The 
shipment must be accompanied by a PPQ Form 203 signed by the APHIS 
inspector on site in the exporting country.
    (xvii) Must be accompanied by a phytosanitary certificate issued by 
the National Plant Protection Organization of Israel that declares 
``These tomatoes were grown in registered greenhouses in the Arava 
Valley of Israel.''
    (xviii) Must be treated with an approved treatment listed in 7 CFR 
part 305.


Sec. Sec.  319.56-14 through 319.56-19  [Reserved]


Sec.  319.56-20  Apples and pears from Australia (including Tasmania) 
and New Zealand.

    Apples and pears from Australia (including Tasmania) and New 
Zealand may be imported only in accordance with this section and other 
applicable provisions of this subpart.
    (a) Inspection and treatment for pests of the family Tortricidae. 
An inspector must take a biometrically designed sample from each lot of 
apples or pears that are offered for entry into the United States. If 
inspection of the sample discloses that pests of the family Tortricidae 
(fruit-leaf roller moths) are not present in the lot sampled, the fruit 
may be imported without treatment. If any such pests are found upon 
inspection, the lot must be treated with methyl bromide as prescribed 
in part 305 of this chapter.
    (b) Treatment of apples and pears from Australia for fruit flies. 
(1) Apples from Australia (including Tasmania) may be imported without 
treatment for the following fruit flies if they are imported from an 
area in Australia that meets the requirements of Sec.  319.56-5 for 
pest freedom: Mediterranean fruit fly (Ceratitis capitata), the 
Queensland fruit fly (Bactrocera tryoni), Bactrocera aquilonis, and B. 
neohumeralis.
    (2) Pears from Australia (including Tasmania) may be imported 
without treatment for the following fruit flies if they are imported 
from an area in Australia that meets the requirements of Sec.  319.56-5 
for pest freedom: Mediterranean fruit fly (Ceratitis capitata), the 
Queensland fruit fly (Dacus tryoni), Bactrocera jarvisi, and B. 
neohumeralis.
    (3) Apples and pears from Australia that do not originate from an 
area that is free of fruit flies must be treated for such pests in 
accordance with part 305 of this chapter. If an authorized treatment 
does not exist for a specific fruit fly, the importation of such apples 
and pears is prohibited.


Sec.  319.56-21  Okra from certain countries.

    Okra from Brazil, Colombia, Ecuador, Guyana, Mexico, Peru, 
Suriname, Venezuela, and the West Indies may be imported into the 
United States in accordance with this section and other applicable 
provisions of this subpart.
    (a) Importations into pink bollworm generally infested or 
suppressive areas in the United States. Okra may be imported into areas 
defined in Sec.  301.52-2a as pink bollworm generally infested or 
suppressive areas, provided the okra is imported in accordance with the 
requirements of Sec.  319.56-3. Upon entry into the United States, such 
okra is immediately subject to the requirements of Subpart--Pink 
Bollworm (Sec. Sec.  301.52 through 301.52-10) of this chapter.
    (b) Importations into areas south of the 38th parallel that are not 
pink bollworm generally infested or suppressive areas.
    (1) During December 1 through May 15, inclusive, okra may be 
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana, 
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any 
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th 
parallel subject to the requirements of Sec.  319.56-3.
    (2) During May 16 through November 30, inclusive, okra may be 
imported into areas of Alabama, Arkansas, Florida, Georgia, Louisiana, 
Mississippi, Nevada, North Carolina, South Carolina, Tennessee, or any 
part of Illinois, Kentucky, Missouri, or Virginia south of the 38th 
parallel if treated for the pink bollworm in accordance with an 
approved treatment listed in part 305 of this chapter.
    (c) Importations into areas north of the 38th parallel. Okra may be 
imported into Alaska, Colorado, Connecticut, Delaware, Hawaii, Idaho, 
Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, 
North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, 
Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, the 
District of Columbia, or the U.S. Virgin Islands, or any part of 
Illinois, Kentucky, Missouri, or Virginia, north of the 38th parallel, 
subject to the requirements of Sec.  319.56-3.
    (d) Importations into areas of California that are not are not pink 
bollworm generally infested or suppressive areas.
    (1) During January 1 through March 15, inclusive, okra may be 
imported into California subject to the requirements of Sec.  319.56-3.
    (2) During March 16 through December 31, inclusive, okra may be 
imported into California if it is treated for the pink bollworm in 
accordance with an approved treatment listed in part 305 of this 
chapter.
    (e) Imports from Andros Island of the Bahamas. Okra produced on 
Andros Island, Commonwealth of the Bahamas, may be imported into the 
United States in accordance with Sec.  319.56-3.


Sec.  319.56-22  Apples and pears from certain countries in Europe.

    (a) Importations allowed. The following fruits may be imported into 
the United States in accordance with this section and other applicable 
provisions of this subpart:
    (1) Apples from Belgium, Denmark, France, Germany, Great Britain, 
Italy, the Netherlands, Northern Ireland, Norway, Portugal, the 
Republic of Ireland, Spain, Sweden, and Switzerland;

[[Page 25044]]

    (2) Pears from Belgium, France, Great Britain, Italy, the 
Netherlands, Portugal, and Spain.
    (b) Trust fund agreement. Except as provided in paragraph (h) of 
this section, the apples or pears may be imported only if the national 
plant protection organization of the exporting country has entered into 
a trust fund agreement with APHIS in accordance with Sec.  319.56-6.
    (c) Responsibilities of the exporting country. The apples or pears 
may be imported in any single shipping season only if all of the 
following conditions are met:
    (1) Officials of the plant protection organization must survey each 
orchard producing apples or pears for shipment to the United States at 
least twice between spring blossoming and harvest. If the officials 
find any leaf miners that suggest the presence of Leucoptera 
malifoliella in an orchard, the officials must reject any fruit 
harvested from that orchard during that growing season for shipment to 
the United States. If the officials find evidence in an orchard of any 
other plant pest referred to in paragraph (g) of this section, they 
must ensure that the orchard and all other orchards within 1 kilometer 
of that orchard will be treated for that pest with a pesticide approved 
by the APHIS, in accordance with label directions and under the 
direction of the plant protection organization. If the officials 
determine that the treatment program has not been applied as required 
or is not controlling the plant pest in the orchard, they must reject 
any fruit harvested from that orchard during that growing season for 
shipment to the United States.
    (2) The apples or pears must be identified to the orchard from 
which they are harvested (the producing orchard) until the fruit 
arrives in the United States.
    (3) The apples or pears must be processed and inspected in approved 
packing sheds as follows:
    (i) Upon arrival at the packing shed, the apples or pears must be 
inspected for insect pests as follows: For each grower lot (all fruit 
delivered for processing from a single orchard at a given time), 
packing shed technicians must examine all fruit in one carton on every 
third pallet (there are approximately 42 cartons to a pallet), or at 
least 80 apples or pears in every third bin (if the fruit is not in 
cartons on pallets). If they find any live larva or pupa of Leucoptera 
malifoliella, they must reject the entire grower lot for shipment to 
the United States, and the plant protection service must reject for 
shipment any additional fruit from the producing orchard for the 
remainder of the shipping season.
    (ii) The apples or pears must be sorted, sized, packed, and 
otherwise handled in the packing sheds on grading and packing lines 
used solely for fruit intended for shipment to the United States, or, 
if on grading and packing lines used previously for other fruit, only 
after the lines have been washed with water.
    (iii) During packing operations, apples and pears must be inspected 
for insect pests as follows: All fruit in each grower lot must be 
inspected at each of two inspection stations on the packing line by 
packing shed technicians. In addition, one carton from every pallet in 
each grower lot must be inspected by officials of the plant protection 
service. If the inspections reveal any live larva or pupa of Leucoptera 
malifoliella, the entire grower lot must be rejected for shipment to 
the United States, and the plant protection service must reject for 
shipment any additional fruit from the producing orchard for the 
remainder of that shipping season. If the inspections reveal any other 
insect pest referred to in paragraph (g) of this section, and a 
treatment authorized in part 305 of this chapter is available, the 
fruit will remain eligible for shipment to the United States if the 
entire grower lot is treated for the pest under the supervision of an 
inspector. However, if the entire grower lot is not treated in this 
manner, or if a plant pest is found for which no treatment authorized 
in part 305 of this chapter is available, the entire grower lot will be 
rejected for shipment to the United States.
    (4) Apples or pears that pass inspection at approved packing sheds 
must be presented to an inspector for preclearance inspection as 
prescribed in paragraph (d) of this section or for inspection in the 
United States as prescribed in paragraph (h) of this section.
    (5) Apples and pears presented for preclearance inspection must be 
identified with the packing shed where they were processed, as well as 
with the producing orchard, and this identity must be maintained until 
the apples or pears arrive in the United States.
    (6) Facilities for the preclearance inspections prescribed in 
paragraph (d) of this section must be provided in the exporting country 
at a site acceptable to APHIS.
    (7) Any apples or pears rejected for shipment into the United 
States may not, under any circumstance, be presented again for shipment 
to the United States.
    (d) Preclearance inspection. Preclearance inspection will be 
conducted in the exporting country by an inspector. Preclearance 
inspection will be conducted for a minimum of 6,000 cartons of apples 
or pears, which may represent multiple grower lots from different 
packing sheds. The cartons examined during any given preclearance 
inspection will be known as an inspection unit. Apples or pears in any 
inspection unit may be shipped to the United States only if the 
inspection unit passes inspection as follows:
    (1) Inspectors will examine, fruit by fruit, a biometrically 
designed statistical sample of 300 cartons drawn from each inspection 
unit.
    (i) If inspectors find any live larva or pupa of Leucoptera 
malifoliella, they will reject the entire inspection unit for shipment 
to the United States. The inspectors also will reject for shipment any 
additional fruit from the producing orchard for the remainder of the 
shipping season. However, other orchards represented in the rejected 
inspection unit will not be affected for the remainder of the shipping 
season because of that rejection. Additionally, if inspectors reject 
any three inspection units in a single shipping season because of 
Leucoptera malifoliella on fruit processed by a single packing shed, no 
additional fruit from that packing shed will be accepted for shipment 
to the United States for the remainder of that shipping season.
    (ii) If the inspectors find evidence of any other plant pest 
referred to in paragraph (g) of this section, and a treatment 
authorized in part 305 of this chapter is available, fruit in the 
inspection unit will remain eligible for shipment to the United States 
if the entire inspection unit is treated for the pest under the 
supervision of an inspector. However, if the entire inspectional unit 
is not treated in this manner, or if a plant pest is found for which no 
treatment authorized in part 305 of this chapter is available, the 
inspectors will reject the entire inspection unit for shipment to the 
United States. Rejection of an inspection unit because of pests other 
than Leucoptera malifoliella will not be cause for rejecting additional 
fruit from an orchard or packing shed.
    (iii) Apples and pears precleared for shipment to the United States 
as prescribed in this paragraph will not be inspected again in the 
United States (except as necessary to ensure that the fruit has been 
precleared) unless the preclearance program with the exporting country 
is terminated in accordance with paragraph (e) of this section. If the 
preclearance program is terminated with any country, precleared fruit 
in transit to the United States at the

[[Page 25045]]

time of termination will be spot-checked by inspectors upon arrival in 
the United States for evidence of plant pests referred to in paragraph 
(g) of this section. If any live larva or pupa of Leucoptera 
malifoliella is found in any carton of fruit, inspectors will reject 
that carton and all other cartons in that consignment that are from the 
same producing orchard. In addition, the remaining cartons of fruit in 
that consignment will be reinspected as an inspection unit in 
accordance with the preclearance procedures prescribed in paragraph (d) 
of this section.
    (2) [Reserved]
    (e) Termination of preclearance programs. The Administrator may 
terminate the preclearance program in a country if he or she determines 
that any of the conditions specified in paragraph (c) of this section 
are not met or because of pests found during preclearance inspections. 
Termination of the preclearance program will stop shipments of apples 
or pears from that country for the remainder of that shipping season. 
Termination of the preclearance program for findings of Leucoptera 
malifoliella in preclearance inspections in any country will be based 
on rates of rejection of inspection units as follows:
    (1) Termination because of findings of Leucoptera malifoliella. The 
pre-clearance program will be terminated with a country when, in one 
shipping season, inspection units are rejected because of Leucoptera 
malifoliella as follows:
    (i) Five inspection units in sequence among inspection units 1-20, 
or a total of 8 or more of the inspection units 1-20;
    (ii) Five inspection units in sequence among inspection units 21-
40, or a total of 10 or more of the inspection units 1-40;
    (iii) Five inspection units in sequence among inspection units 41-
60, or a total of 12 or more of the inspection units 1-60;
    (iv) Five inspection units in sequence among inspection units 61-
80, or a total of 14 or more of the inspection units 1-80;
    (v) Five inspection units in sequence among inspection units 81-
100, or a total of 16 or more of the inspection units 1-100;
    (vi) Five inspection units in sequence among inspection units 101-
120, or a total of 18 or more of the inspection units 1-120.
    (vii) Sequence can be continued in increments of 20 inspection 
units by increasing the number of rejected inspection units by 2.
    (2) Termination because of findings of other plant pests. The 
preclearance program will be terminated with a country when, in one 
shipping season, inspection units are rejected because of other insect 
pests as follows:
    (i) Ten or more of the inspection units 1-20;
    (ii) Fifteen or more of the inspection units 1-40;
    (iii) Twenty or more of the inspection units 1-60;
    (iv) Twenty-five or more of the inspection units 1-80;
    (v) Thirty or more of the inspection units 1-100; or
    (vi) Thirty-five or more of the inspection units 1-120.
    (vii) Sequence can be continued in increments of 20 inspection 
units by increasing the number of rejected inspection units by 5.
    (f) Cold treatment. In addition to all other requirements of this 
section, apples or pears may be imported into the United States from 
France, Italy, Portugal, or Spain only if the fruit is cold treated for 
the Mediterranean fruit fly in accordance with part 305 of this 
chapter.
    (g) Plant pests; authorized treatments. (1) Apples from Belgium, 
Denmark, France, Great Britain, Italy, the Netherlands, Northern 
Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden, 
Switzerland, and Germany; and pears from Belgium, France, Great 
Britain, Italy, the Netherlands, Portugal, and Spain may be imported 
into the United States only if they are found free of the following 
pests or, if an authorized treatment is available, they are treated 
for: The pear leaf blister moth (Leucoptera malifoliella (O.G. Costa) 
(Lyonetiidae)), the plum fruit moth (Cydia funebrana (Treitschke) 
(Tortricidae)), the summer fruit tortrix moth (Adoxophyes orana 
(Fischer von Rosslertamm) (Tortricidae)), a leaf roller (Argyrotaenia 
pulchellana (Haworth) (Tortricidae)), and other insect pests that do 
not exist in the United States or that are not widespread in the United 
States.
    (2) Authorized treatments are listed in part 305 of this chapter.
    (h) Inspection in the United States. Notwithstanding provisions to 
the contrary in paragraphs (c) and (d) of this section, the 
Administrator may allow apples or pears imported under this section to 
be inspected at a port of arrival in the United States, in lieu of a 
preclearance inspection, under the following conditions:
    (1) The Administrator has determined that inspection can be 
accomplished at the port of arrival without increasing the risk of 
introducing insect pests into the United States;
    (2) Each pallet of apples or pears must be completely enclosed in 
plastic, to prevent the escape of insects, before it is offloaded at 
the port of arrival;
    (3) The entire consignment of apples or pears must be offloaded and 
moved to an enclosed warehouse, where adequate inspection facilities 
are available, under the supervision of an inspector.
    (4) The Administrator must determine that a sufficient number of 
inspectors are available at the port of arrival to perform the services 
required.
    (5) The method of inspection will be the same as prescribed in 
paragraph (d) of this section for preclearance inspections.


Sec.  319.56-23  Apricots, nectarines, peaches, plumcot, and plums from 
Chile.

    (a) Importations allowed. Apricots, nectarines, peaches, plumcot, 
and plums may be imported into the United States from Chile in 
accordance with this section and other applicable provisions of this 
subpart.\3\
---------------------------------------------------------------------------

    \3\ As provided in Sec.  319.56-4, apricots, nectarines, 
peaches, plumcot, and plums Chile may also be imported if treated in 
accordance with a treatment listed in part 305 of this chapter and 
subject to other applicable regulations in this subpart.
---------------------------------------------------------------------------

    (b) Trust fund agreement. Apricots, nectarines, peaches, plumcot, 
and plums may be imported under the regulations in this section only if 
the plant protection service of Chile (Servicio Agricola y Ganadero, 
referred to in this section as SAG), has entered into a trust fund 
agreement with APHIS in accordance with Sec.  319.56-6.
    (c) Responsibilities of Servicio Agricola y Ganadero. SAG will 
ensure that:
    (1) Apricots, nectarines, peaches, plumcot, or plums are presented 
to inspectors for preclearance in their shipping containers at the 
shipping site as prescribed in paragraph (d) of this section.
    (2) Apricots, nectarines, peaches, plumcot, and plums presented for 
inspection are identified in shipping documents accompanying each load 
of fruit that identify the packing shed where they were processed and 
the orchards where they were produced; and this identity is maintained 
until the apricots, nectarines, peaches, plumcot, or plums are released 
for entry into the United States.
    (3) Facilities for the inspections prescribed in paragraph (d) of 
this section are provided in Chile at an inspection site acceptable to 
APHIS.
    (d) Preclearance inspection. Preclearance inspection will be

[[Page 25046]]

conducted in Chile under the direction of inspectors. An inspection 
unit will consist of a lot or consignment from which a statistical 
sample is drawn and examined. An inspection unit may represent multiple 
grower lots from different packing sheds. Apricots, nectarines, 
peaches, plumcot, or plums in any inspection unit may be shipped to the 
United Sates only if the inspection unit passes inspection as follows:
    (1) Inspectors will examine the contents of the cartons based on a 
biometric sampling scheme established for each inspection unit.
    (i) If the inspectors find evidence of any plant pest for which a 
treatment authorized in part 305 of this chapter is available, fruit in 
the inspection unit will remain eligible for shipment to the United 
States if the entire inspection unit is treated for the pest in Chile. 
However, if the entire inspection unit is not treated in this manner, 
or if a plant pest is found for which no treatment authorized in part 
305 of this chapter is available, the entire inspection unit will not 
be eligible for shipment to the United States.
    (ii) Apricots, nectarines, peaches, plumcot, and plums precleared 
for shipment to the United States as prescribed in this paragraph will 
not be inspected again in the United States except as necessary to 
ensure that the fruit has been precleared and for occasional monitoring 
purposes.
    (2) [Reserved]
    (e) Termination of preclearance programs. Consignments of apricots, 
nectarines, peaches, plumcot, and plums will be individually evaluated 
regarding the rates of infestation of inspection units of these 
articles presented for preclearance. The inspection program for an 
article will be terminated when inspections determine that the rate of 
infestation of inspection units of the article by pests listed in 
paragraph (f) of this section exceeds 20 percent calculated on any 
consecutive 14 days of actual inspections (not counting days on which 
inspections are not conducted). Termination of the inspection program 
for an article will require mandatory treatment in Chile, prior to 
shipment to the United States, of consignments of the article for the 
remainder of that shipping season. If a preclearance inspection program 
is terminated with Chile, precleared fruit in transit to the United 
States at the time of termination will be spot-checked by inspectors 
upon arrival in the United States for evidence of plant pests referred 
to in paragraph (f) of this section.
    (f) Plant pests; authorized treatments.
    (1) Apricots, nectarines, peaches, plumcot, or plums from Chile may 
be imported into the United States only if they are found free of the 
following pests or, if an authorized treatment is available, they are 
treated for: Proeulia spp., Leptoglossus chilensis, Megalometis 
chilensis, Naupactus xanthographus, Listroderes subcinctus, and 
Conoderus rufangulus, and other insect pests that the Administrator has 
determined do not exist, or are not widespread, in the United States.
    (2) Authorized treatments are listed in part 305 of this chapter.
    (g) Inspection in the United States. Notwithstanding provisions to 
the contrary in paragraphs (c) and (d) of this section, the 
Administrator may, in emergency or extraordinary situations, allow 
apricots, nectarines, peaches, plumcot, or plums imported under this 
section to be inspected at a port of arrival in the United States, in 
lieu of a preclearance inspection or fumigation in Chile, under the 
following conditions:
    (1) The Administrator is satisfied that a unique situation exists 
which justifies a limited exception to mandatory preclearance;
    (2) The Administrator has determined that inspection and/or 
treatment can be accomplished at the intended port of arrival without 
increasing the risk of introducing quarantine pests into the United 
States;
    (3) The entire consignment of apricots, nectarines, peaches, 
plumcot, or plums must be offloaded and moved to an enclosed warehouse, 
where inspection and treatment facilities are available.
    (4) The Administrator must determine that a sufficient number of 
inspectors are available at the port of arrival to perform the services 
required.
    (5) The method of sampling and inspection will be the same as 
prescribed in paragraph (d) of this section for preclearance 
inspections.


Sec.  319.56-24  Lettuce and peppers from Israel.

    (a) Lettuce may be imported into the United States from Israel 
without fumigation for leafminers, thrips, and Sminthuris viridis only 
in accordance with this section and other applicable provisions of this 
subpart.
    (1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors, 
and hard walks (no soil) between the beds;
    (ii) The lettuce must be grown in growing media that has been 
sterilized by steam or chemical means;
    (iii) The lettuce must be inspected during its active growth phase 
and the inspection must be monitored by a representative of the Israeli 
Ministry of Agriculture;
    (iv) The crop must be protected with sticky traps and prophylactic 
sprays approved for the crop by Israel;
    (v) The lettuce must be moved to an insect-proof packing house at 
night in plastic containers covered by 50 mesh screens;
    (vi) The lettuce must be packed in an insect-proof packing house, 
individually packed in transparent plastic bags, packed in cartons, 
placed on pallets, and then covered with shrink wrapping; and
    (vii) The lettuce must be transported to the airport in a closed 
refrigerated truck for shipment to the United States.
    (2) Each consignment of lettuce must be accompanied by a 
phytosanitary certificate issued by the Israeli Ministry of Agriculture 
stating that the conditions of paragraph (a)(1) of this section have 
been met.
    (b) Peppers (fruit) (Capsicum spp.) from Israel may be imported 
into the United States only under the following conditions:
    (1) The peppers have been grown in the Arava Valley by growers 
registered with the Israeli Department of Plant Protection and 
Inspection (DPPI).
    (2) Malathion bait sprays shall be applied in the residential areas 
of the Arava Valley at 6- to 10-day intervals beginning not less than 
30 days before the harvest of backyard host material in residential 
areas and shall continue through harvest.
    (3) The peppers have been grown in insect-proof plastic 
screenhouses approved by the DPPI and APHIS. Houses shall be examined 
periodically by DPPI or APHIS personnel for tears in either plastic or 
screening.
    (4) Trapping for Mediterranean fruit fly (Medfly) shall be 
conducted by DPPI throughout the year in the agricultural region along 
Arava Highway 90 and in the residential area of Paran. The capture of a 
single Medfly in a screenhouse will immediately cancel export from that 
house until the source of the infestation is delimited, trap density is 
increased, pesticide sprays are applied, or other measures acceptable 
to APHIS are taken to prevent further occurrences.
    (5) Signs in English and Hebrew shall be posted along Arava Highway 
90 stating that it is prohibited to throw out/discard fruits and 
vegetables from passing vehicles.
    (6) Sorting and packing of peppers shall be done in the insect-
proof screenhouses in the Arava Valley.
    (7) Prior to movement from approved insect-proof screenhouses in 
the Arava

[[Page 25047]]

Valley, the peppers must be packed in either individual insect-proof 
cartons or in non-insect-proof cartons that are covered by insect-proof 
mesh or plastic tarpaulins; covered non-insect-proof cartons must be 
placed in shipping containers.
    (8) The packaging safeguards required by paragraph (b)(7) of this 
section must remain intact at all times during the movement of the 
peppers to the United States and must be intact upon arrival of the 
peppers in the United States.
    (9) Each consignment of peppers must be accompanied by a 
phytosanitary certificate issued by the Israeli national plant 
protection organization stating that the conditions of paragraphs 
(b)(1) though (b)(7) of this section have been met.


Sec.  319.56-25  Papayas from Central America and Brazil.

    The Solo type of papaya may be imported into the continental United 
States, Alaska, Puerto Rico, and the U.S. Virgin Islands only in 
accordance with this section and other applicable provisions of this 
subpart.
    (a) The papayas were grown and packed for shipment to the United 
States in one of the following locations:
    (1) Brazil: State of Espirito Santo; all areas in the State of 
Bahia that are between the Jequitinhonha River and the border with the 
State of Espirito Santo and all areas in the State of Rio Grande del 
Norte that contain the following municipalities: Touros, Pureza, Rio do 
Fogo, Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon 
Marinho, Sao Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz, 
Sao Jose de Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador 
Georgino Avelino, Espirito Santo, Goianinha, Tibau do Sul, Vila Flor, 
and Canguaretama e Baia Formosa.
    (2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.
    (3) El Salvador: Departments of La Libertad, La Paz, and San 
Vicente.
    (4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa, 
and Suchitep[eacute]quez.
    (5) Honduras: Departments of Comayagua, Cort[eacute]s, and Santa 
B[aacute]rbara.
    (6) Nicaragua: Departments of Carazo, Granada, Leon, Managua, 
Masaya, and Rivas.
    (7) Panama: Provinces of Cocle, Herrera, and Los Santos; Districts 
of Aleanje, David, and Dolega in the Province of Chiriqui; and all 
areas in the Province of Panama that are west of the Panama Canal.
    (b) Beginning at least 30 days before harvest began and continuing 
through the completion of harvest, all trees in the field where the 
papayas were grown were kept free of papayas that were one-half or more 
ripe (more than one-fourth of the shell surface yellow), and all culled 
and fallen fruits were buried, destroyed, or removed from the farm at 
least twice a week.
    (c) The papayas were held for 20 minutes in hot water at 48 [deg]C 
(118.4 [deg]F).
    (d) When packed, the papayas were less than one-half ripe (the 
shell surface was no more than one-fourth yellow, surrounded by light 
green), and appeared to be free of all injurious insect pests.
    (e) The papayas were safeguarded from exposure to fruit flies from 
harvest to export, including being packaged so as to prevent access by 
fruit flies and other injurious insect pests. The package containing 
the papayas does not contain any other fruit, including papayas not 
qualified for importation into the United States.
    (f) All cartons in which papayas are packed must be stamped ``Not 
for importation into or distribution in HI.''
    (g) All activities described in paragraphs (a) through (f) of this 
section were carried out under the supervision and direction of plant 
health officials of the national Ministry of Agriculture.
    (h) Beginning at least 1 year before harvest begins and continuing 
through the completion of harvest, fruit fly traps were maintained in 
the field where the papayas were grown. The traps were placed at a rate 
of 1 trap per hectare and were checked for fruit flies at least once 
weekly by plant health officials of the national Ministry of 
Agriculture. Fifty percent of the traps were of the McPhail type, and 
50 percent of the traps were of the Jackson type. If the average 
Jackson trap catch was greater than seven Medflies per trap per week, 
measures were taken to control the Medfly population in the production 
area. The national Ministry of Agriculture kept records of fruit fly 
finds for each trap, updated the records each time the traps were 
checked, and made the records available to APHIS inspectors upon 
request. The records were maintained for at least 1 year.
    (i) If the average Jackson trap catch exceeds 14 Medflies per trap 
per week, importations of papayas from that production area must be 
halted until the rate of capture drops to an average of 7 or fewer 
Medflies per trap per week.
    (j) In the State of Espirito Santo, Brazil, if the average McPhail 
trap catch was greater than seven South American fruit flies 
(Anastrepha fraterculus) per trap per week, measures were taken to 
control the South American fruit fly population in the production area. 
If the average McPhail trap catch exceeds 14 South American fruit flies 
per trap per week, importations of papayas from that production area 
must be halted until the rate of capture drops to an average of 7 or 
fewer South American fruit flies per trap per week.
    (k) All consignments must be accompanied by a phytosanitary 
certificate issued by the national Ministry of Agriculture stating that 
the papayas were grown, packed, and shipped in accordance with the 
provisions of this section.


Sec.  319.56-26  Melon and watermelon from certain countries in South 
America.

    (a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis 
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into 
the United States from Ecuador only in accordance with this paragraph 
and all other applicable requirements of this subpart:
    (1) The cantaloupe or watermelon may be imported in commercial 
consignments only.
    (2) The cantaloupe or watermelon must have been grown in an area 
where trapping for the South American cucurbit fly (Anastrepha grandis) 
has been conducted for at least the previous 12 months by the national 
plant protection organization (NPPO) of Ecuador, under the direction of 
APHIS, with no findings of the pest.\4\
---------------------------------------------------------------------------

    \4\ Information on the trapping program may be obtained by 
writing to the Animal and Plant Health Inspection Service, 
International Services, Stop 3432, 1400 Independence Avenue, SW., 
Washington, DC 20250-3432.
---------------------------------------------------------------------------

    (3) The following area meets the requirements of paragraph (a)(2) 
of this section: The area within 5 kilometers of either side of the 
following roads:
    (i) Beginning in Guayaquil, the road north through Nobol, 
Palestina, and Balzar to Velasco-Ibarra (Empalme);
    (ii) Beginning in Guayaquil, the road south through E1 26, Puerto 
Inca, Naranjal, and Camilo Ponce to Enriquez;
    (iii) Beginning in Guayaquil, the road east through Palestina to 
Vinces;
    (iv) Beginning in Guayaquil, the road west through Piedrahita 
(Novol) to Pedro Carbo; or
    (v) Beginning in Guayaquil, the road west through Progreso, 
Engunga, Tugaduaja, and Zapotal to El Azucar.
    (4) The cantaloupe or watermelon may not be moved into Alabama, 
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii, 
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, 
and the U.S. Virgin Islands. The boxes in which the cantaloupe or 
watermelon is packed must be stamped with the name

[[Page 25048]]

of the commodity followed by the words ``Not to be distributed in the 
following States or territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, 
MS, NM, PR, SC, TX, VI''.
    (b) Cantaloupe, netted melon, vegetable melon, winter melon, and 
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and 
winter melon (Cucumis melo L. subsp. melo); and watermelon may be 
imported into the United States from Peru only in accordance with this 
paragraph and all other applicable requirements of this subpart:
    (1) The fruit may be imported in commercial consignments only.
    (2) The fruit must have been grown in an area of Peru considered by 
APHIS to be free of the South American cucurbit fly, must be 
accompanied by a phytosanitary certificate declaring its origin in such 
an area, and must be safeguarded and labeled, each in accordance with 
Sec.  319.56-5 of this subpart.
    (3) The phytosanitary certificate required under Sec.  319.56-5 
must also include a declaration by the NPPO of Peru indicating that, 
upon inspection, the fruit was found free of the gray pineapple 
mealybug (Dysmicoccus neobrevipes).
    (4) All shipments of fruit must be labeled in accordance with Sec.  
319.56-5(e) of this subpart, and the boxes in which the fruit is packed 
must be labeled ``Not for distribution in HI, PR, VI, or Guam.''


Sec.  319.56-27  Fuji variety apples from Japan and the Republic of 
Korea.

    Fuji variety apples may be imported into the United States from 
Japan and the Republic of Korea only in accordance with this section 
and other applicable provisions of this subpart.
    (a) Treatment and fumigation. The apples must be cold treated and 
then fumigated, under the supervision of an APHIS inspector, either in 
Japan or the Republic of Korea, for the peach fruit moth (Carposina 
niponensis), the yellow peach moth (Conogethes punctiferalis), and the 
fruit tree spider mite (Tetranychus viennensis), in accordance with 
part 305 of this chapter.
    (b) APHIS inspection. The apples must be inspected upon completion 
of the treatments required by paragraph (a) of this section, prior to 
export from Japan or the Republic of Korea, by an APHIS inspector and 
an inspector from the national plant protection agency of Japan or the 
Republic of Korea. The apples shall be subject to further disinfection 
in the exporting country if plant pests are found prior to export. 
Imported Fuji variety apples inspected in Japan or the Republic of 
Korea are also subject to inspection and disinfection at the port of 
first arrival, as provided in Sec.  319.56-3.
    (c) Trust fund agreements. The national plant protection agency of 
the exporting country must enter into a trust fund agreement with APHIS 
in accordance with Sec.  319.56-6 before APHIS will provide the 
services necessary for Fuji variety apples to be imported into the 
United States from Japan or the Republic of Korea.


Sec.  319.56-28  Tomatoes from certain countries.

    (a) Tomatoes (fruit) (Lycopersicon esculentum) from Spain. Pink or 
red tomatoes may be imported into the United States from Spain only in 
accordance with this section and other applicable provisions of this 
subpart.\5\
---------------------------------------------------------------------------

    \5\ The surface area of a pink tomato is more than 30 percent 
but not more than 60 percent pink and/or red. The surface area of a 
red tomato is more than 60 percent pink and/or red. Green tomatoes 
from Spain, France, Morocco, and Western Sahara may be imported in 
accordance with Sec. Sec.  319.56-3 and 319.56-4.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the Almeria Province, the Murcia 
Province, or the municipalities of Albu[ntilde]ol and Carchuna in the 
Granada Province of Spain in greenhouses registered with, and inspected 
by, the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
    (2) The tomatoes may be shipped only from December 1 through April 
30, inclusive;
    (3) Two months prior to shipping, and continuing through April 30, 
MAFF must set and maintain Mediterranean fruit fly (Medfly) traps 
baited with trimedlure inside the greenhouses at a rate of four traps 
per hectare. In all areas outside the greenhouses and within 8 
kilometers, including urban and residential areas, MAFF must place 
Medfly traps at a rate of four traps per square kilometer. All traps 
must be checked every 7 days;
    (4) Capture of a single Medfly in a registered greenhouse will 
immediately result in cancellation of exports from that greenhouse 
until the source of infestation is determined, the Medfly infestation 
is eradicated, and measures are taken to preclude any future 
infestation. Capture of a single Medfly within 2 kilometers of a 
registered greenhouse will necessitate increasing trap density in order 
to determine whether there is a reproducing population in the area. 
Capture of two Medflies within 2 kilometers of a registered greenhouse 
and within a 1-month time period will result in cancellation of exports 
from all registered greenhouses within 2 kilometers of the find until 
the source of infestation is determined and the Medfly infestation is 
eradicated;
    (5) MAFF must maintain records of trap placement, checking of 
traps, and any Medfly captures, and must make the records available to 
APHIS upon request;
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded from harvest to export by insect-proof mesh screens 
or plastic tarpaulins, including while in transit to the packing house 
and while awaiting packaging. They must be packed in insect-proof 
cartons or containers, or covered by insect-proof mesh or plastic 
tarpaulins for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States; and
    (7) MAFF is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each consignment of tomatoes 
must be accompanied by a phytosanitary certificate issued by MAFF and 
bearing the declaration, ``These tomatoes were grown in registered 
greenhouses in Almeria Province, the Murcia Province, or the 
municipalities of Albu[ntilde]ol and Carchuna in the Granada Province 
in Spain.''
    (b) Tomatoes (fruit) (Lycopersicon esculentum) from France. Pink or 
red tomatoes may be imported into the United States from France only in 
accordance with this section and other applicable provisions of this 
subpart.\6\
---------------------------------------------------------------------------

    \6\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the Brittany Region of France in 
greenhouses registered with, and inspected by, the Service de la 
Protection Vegetaux (SRPV);
    (2) From June 1 through September 30, SRPV must set and maintain 
one Medfly trap baited with trimedlure inside and one outside each 
greenhouse and must check the traps every 7 days;
    (3) Capture of a single Medfly inside or outside a registered 
greenhouse will immediately result in cancellation of exports from that 
greenhouse until the source of the infestation is determined, the 
Medfly infestation is eradicated, and measures are taken to preclude 
any future infestation;
    (4) SRPV must maintain records of trap placement, checking of 
traps, and any Medfly captures, and must make them available to APHIS 
upon request;
    (5) From June 1 through September 30, the tomatoes must be packed 
within 24 hours of harvest. They must be safeguarded by insect-proof 
mesh screen

[[Page 25049]]

or plastic tarpaulin while in transit to the packing house and while 
awaiting packing. They must be packed in insect-proof cartons or 
containers, or covered by insect-proof mesh screen or plastic 
tarpaulin. These safeguards must be intact upon arrival in the United 
States; and
    (6) SRPV is responsible for export certification inspection and 
issuance of phytosanitary certificates. Each consignment of tomatoes 
must be accompanied by a phytosanitary certificate issued by SRPV and 
bearing the declaration, ``These tomatoes were grown in registered 
greenhouses in the Brittany Region of France.''
    (c) Tomatoes (fruit) (Lycopersicon esculentum) from Morocco and 
Western Sahara. Pink tomatoes may be imported into the United States 
from Morocco and Western Sahara only in accordance with this section 
and other applicable provisions of this subpart.\7\
---------------------------------------------------------------------------

    \7\ See footnote 5 to paragraph (a) of this section.
---------------------------------------------------------------------------

    (1) The tomatoes must be grown in the provinces of El Jadida or 
Safi in Morocco or in the province of Dahkla in Western Sahara in 
insect-proof greenhouses registered with, and inspected by, the 
Moroccan Ministry of Agriculture, Division of Plant Protection, 
Inspection, and Enforcement (DPVCTRF);
    (2) The tomatoes may be shipped from Morocco and Western Sahara 
only between December 1 and April 30, inclusive;
    (3) Beginning 2 months prior to the start of the shipping season 
and continuing through the end of the shipping season, DPVCTRF must set 
and maintain Mediterranean fruit fly (Medfly) traps baited with 
trimedlure inside the greenhouses at a rate of four traps per hectare. 
In Morocco, traps must also be placed outside registered greenhouses 
within a 2-kilometer radius at a rate of four traps per square 
kilometer. In Western Sahara, a single trap must be placed outside in 
the immediate proximity of each registered greenhouse. All traps in 
Morocco and Western Sahara must be checked every 7 days;
    (4) DPVCTRF must maintain records of trap placement, checking of 
traps, and any Medfly captures, and make the records available to APHIS 
upon request;
    (5) Capture of a single Medfly in a registered greenhouse will 
immediately result in cancellation of exports from that greenhouse 
until the source of the infestation is determined, the Medfly 
infestation has been eradicated, and measures are taken to preclude any 
future infestation. Capture of a single Medfly within 200 meters of a 
registered greenhouse will necessitate increasing trap density in order 
to determine whether there is a reproducing population in the area. Six 
additional traps must be placed within a radius of 200 meters 
surrounding the trap where the Medfly was captured. Capture of two 
Medflies within 200 meters of a registered greenhouse and within a 1-
month time period will necessitate Malathion bait sprays in the area 
every 7 to 10 days for 60 days to ensure eradication;
    (6) The tomatoes must be packed within 24 hours of harvest and must 
be pink at the time of packing. They must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing 
house and while awaiting packing. They must be packed in insect-proof 
cartons or containers, or covered by insect-proof mesh or plastic 
tarpaulin for transit to the airport and export to the United States. 
These safeguards must be intact upon arrival in the United States; and
    (7) The Moroccan Ministry of Agiculture, Fresh Product Export 
(EACCE) is responsible for export certification inspection and issuance 
of phytosanitary certificates. Each consignment of tomatoes must be 
accompanied by a phytosanitary certificate issued by EACCE and bearing 
the declaration, ``These tomatoes were grown in registered greenhouses 
in El Jadida or Safi Province, Morocco, and were pink at the time of 
packing'' or ``These tomatoes were grown in registered greenhouses in 
Dahkla Province, Western Sahara and were pink at the time of packing.''
    (d) Tomatoes (fruit) (Lycopersicon esculentum) from Chile. Tomatoes 
from Chile, whether green or at any stage of ripeness, may be imported 
into the United States only in accordance with this section and other 
applicable provisions of this subpart.
    (1) The tomatoes must be treated in Chile with methyl bromide in 
accordance with part 305 of this chapter. The treatment must be 
conducted in facilities registered with the Servicio Agricola y 
Ganadero (SAG) and with APHIS personnel monitoring the treatments;
    (2) The tomatoes must be treated and packed within 24 hours of 
harvest. Once treated, the tomatoes must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing 
house and awaiting packing. They must be packed in insect-proof cartons 
or containers, or insect-proof mesh or plastic tarpaulin under APHIS 
monitoring for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States; and
    (3) Tomatoes may be imported into the United States from Chile only 
if SAG has entered into a trust fund agreement with APHIS for that 
shipping season in accordance with Sec.  319.56-6. This agreement 
requires SAG to pay in advance all costs that APHIS estimates it will 
incur in providing the preclearance services prescribed in this section 
for that shipping season.
    (e) Tomatoes (fruit) (Lycopersicon esculentum) from Australia. 
Tomatoes may be imported into the United States from Australia only in 
accordance with this section and other applicable provisions of this 
subpart.
    (1) The tomatoes must be grown in greenhouses registered with, and 
inspected by, the Australian Quarantine Inspection Service (AQIS);
    (2) Two months prior to shipping, AQIS must inspect the greenhouse 
to establish its freedom from the following quarantine pests: 
Bactrocera aquilonis, B. cucumis, B. jarvis, B. neohumeralis, B. 
tryoni, Ceratitis capitata, Chrysodeixis argentifera, C. erisoma, 
Helicoverpa armigera, H. punctigera, Lamprolonchaea brouniana, 
Sceliodes cordalis, and Spodoptera litura. AQIS must also set and 
maintain fruit fly traps inside the greenhouses and around the 
perimeter of the greenhouses. Inside the greenhouses, the traps must be 
APHIS-approved fruit fly traps, and they must be set at the rate of six 
per hectare. In all areas outside the greenhouse and within 8 
kilometers of the greenhouse, fruit fly traps must be placed on a 1-
kilometer grid. All traps must be checked at least every 7 days;
    (3) Within a registered greenhouse, capture of a single fruit fly 
or other quarantine pest will result in immediate cancellation of 
exports from that greenhouse until the source of the infestation is 
determined, the infestation has been eradicated, and measures are taken 
to preclude any future infestation;
    (4) Outside of a registered greenhouse, if one fruit fly of the 
species specified in paragraph (e)(2) of this section is captured, the 
trap density and frequency of trap inspection must be increased to 
detect a reproducing colony. Capture of two Medflies or three of the 
same species of Bactrocera within 2 kilometers of each other and within 
30 days will result in the cancellation of exports from all registered 
greenhouses within 2 kilometers of the finds until the source of the 
infestation is determined and the fruit fly infestation is eradicated;
    (5) AQIS must maintain records of trap placement, checking of 
traps, and

[[Page 25050]]

any fruit fly captures, and must make the records available to APHIS 
upon request;
    (6) The tomatoes must be packed within 24 hours of harvest. They 
must be safeguarded by an insect-proof mesh screen or plastic tarpaulin 
while in transit to the packing house or while awaiting packing. They 
must be placed in insect-proof cartons or containers, or securely 
covered with insect-proof mesh or plastic tarpaulin for transport to 
the airport or other shipping point. These safeguards must be intact 
upon arrival in the United States; and
    (7) Each consignment of tomatoes must be accompanied by a 
phytosanitary certificate issued by AQIS stating ``These tomatoes were 
grown, packed, and shipped in accordance with the requirements of Sec.  
319.56-28(e) of 7 CFR.''


Sec.  319.56-29  Ya variety pears from China.

    Ya variety pears may be imported into the United States from China 
only in accordance with this section and other applicable provisions of 
this subpart.
    (a) Growing and harvest conditions. (1) The pears must have been 
grown by growers registered with the Chinese Ministry of Agriculture in 
an APHIS-approved export growing area in the Hebei or Shandong 
Provinces.
    (2) Field inspections for signs of pest infestation must be 
conducted by the Chinese Ministry of Agriculture during the growing 
season.
    (3) The registered growers shall be responsible for following the 
phytosanitary measures agreed upon by APHIS and the Chinese Ministry of 
Agriculture, including applying pesticides to reduce the pest 
population and bagging the pears on the trees to reduce the opportunity 
for pests to attack the fruit during the growing season. The bags must 
remain on the pears through the harvest and during their movement to 
the packing house.
    (4) The packing houses in which the pears are prepared for 
exportation shall not be used for any fruit other than Ya variety pears 
from registered growers during the pear export season. The packing 
houses shall accept only those pears that are in intact bags as 
required by paragraph (a)(3) of this section. The pears must be loaded 
into containers at the packing house and the containers then sealed 
before movement to the port of export.
    (b) Treatment. Pears from Shandong Province must be cold treated 
for Bactrocera dorsalis in accordance with part 305 of this chapter.
    (c) Each consignment of pears must be accompanied by a 
phytosanitary certificate issued by the Chinese Ministry of Agriculture 
stating that the conditions of this section have been met.


Sec.  319.56-30  Hass avocados from Michoacan, Mexico.

    Fresh Hass variety avocados (Persea americana) may be imported from 
Michoacan, Mexico, into the United States in accordance with the 
requirements of Sec.  319.56-3 of this subpart, and only under the 
following conditions:
    (a) Shipping restrictions. (1) The avocados may be imported in 
commercial consignments only;
    (2) Between January 31, 2005 and January 31, 2007, the avocados may 
be imported into and distributed in all States except California, 
Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31, 
2007, the avocados may be imported into and distributed in all States, 
but not Puerto Rico or any U.S. Territory.
    (b) Trust fund agreement. The avocados may be imported only if the 
Mexican avocado industry association representing Mexican avocado 
growers, packers, and exporters has entered into a trust fund agreement 
with APHIS for that shipping season in accordance with Sec.  319.56-6.
    (c) Safeguards in Mexico. The avocados must have been grown in the 
Mexican State of Michoacan in an orchard located in a municipality that 
meets the requirements of paragraph (c)(1) of this section. The orchard 
in which the avocados are grown must meet the requirements of paragraph 
(c)(2) of this section. The avocados must be packed for export to the 
United States in a packinghouse that meets the requirements of 
paragraph (c)(3) of this section. The Mexican national plant protection 
organization (NPPO) must provide an annual work plan to APHIS that 
details the activities that the Mexican NPPO will, subject to APHIS' 
approval of the work plan, carry out to meet the requirements of this 
section; APHIS will be directly involved with the Mexican NPPO in the 
monitoring and supervision of those activities. The personnel 
conducting the trapping and pest surveys must be hired, trained, and 
supervised by the Mexican NPPO or by the Michoacan State delegate of 
the Mexican NPPO.
    (1) Municipality requirements. (i) The municipality must be listed 
as an approved municipality in the bilateral work plan provided to 
APHIS by the Mexican NPPO.
    (ii) The municipality must be surveyed at least semiannually (once 
during the wet season and once during the dry season) and found to be 
free from the large avocado seed weevil Heilipus lauri, the avocado 
seed moth Stenoma catenifer, and the small avocado seed weevils 
Conotrachelus aguacatae and C. perseae.
    (iii) Trapping must be conducted in the municipality for 
Mediterranean fruit fly (Medfly) (Ceratitis capitata) at the rate of 1 
trap per 1 to 4 square miles. Any findings of Medfly must be reported 
to APHIS.
    (2) Orchard and grower requirements. The orchard and the grower 
must be registered with the Mexican NPPO's avocado export program and 
must be listed as an approved orchard or an approved grower in the 
annual work plan provided to APHIS by the Mexican NPPO. The operations 
of the orchard must meet the following conditions:
    (i) The orchard and all contiguous orchards and properties must be 
surveyed semiannually and found to be free from the avocado stem weevil 
Copturus aguacatae.
    (ii) Trapping must be conducted in the orchard for the fruit flies 
Anastrepha ludens, A. serpentina, and A. striata at the rate of one 
trap per 10 hectares. If one of those fruit flies is trapped, at least 
10 additional traps must be deployed in a 50-hectare area immediately 
surrounding the trap in which the fruit fly was found. If within 30 
days of the first finding any additional fruit flies are trapped within 
the 260-hectare area surrounding the first finding, malathion bait 
treatments must be applied in the affected orchard in order for the 
orchard to remain eligible to export avocados.
    (iii) Avocado fruit that has fallen from the trees must be removed 
from the orchard at least once every 7 days and may not be included in 
field boxes of fruit to be packed for export.
    (iv) Dead branches on avocado trees in the orchard must be pruned 
and removed from the orchard.
    (v) Harvested avocados must be placed in field boxes or containers 
of field boxes that are marked to show the official registration number 
of the orchard. The avocados must be moved from the orchard to the 
packinghouse within 3 hours of harvest or they must be protected from 
fruit fly infestation until moved.
    (vi) The avocados must be protected from fruit fly infestation 
during their movement from the orchard to the packinghouse and must be 
accompanied by a field record indicating that the avocados originated 
from a certified orchard.
    (3) Packinghouse requirements. The packinghouse must be registered 
with the Mexican NPPO's avocado export program and must be listed as an

[[Page 25051]]

approved packinghouse in the annual work plan provided to APHIS by the 
Mexican NPPO. The operations of the packinghouse must meet the 
following conditions:
    (i) During the time the packinghouse is used to prepare avocados 
for export to the United States, the packinghouse may accept fruit only 
from orchards certified by the Mexican NPPO for participation in the 
avocado export program.
    (ii) All openings to the outside must be covered by screening with 
openings of not more than 1.6 mm or by some other barrier that prevents 
insects from entering the packinghouse.
    (iii) The packinghouse must have double doors at the entrance to 
the facility and at the interior entrance to the area where the 
avocados are packed.
    (iv) Prior to the culling process, a biometric sample, at a rate 
determined by APHIS, of avocados per consignment must be selected, cut, 
and inspected by the Mexican NPPO and found free from pests.
    (v) The identity of the avocados must be maintained from field 
boxes or containers to the shipping boxes so the avocados can be traced 
back to the orchard in which they were grown if pests are found at the 
packinghouse or the port of first arrival in the United States.
    (vi) Prior to being packed in boxes, each avocado fruit must be 
cleaned of all stems, leaves, and other portions of plants and labeled 
with a sticker that bears the official registration number of the 
packinghouse.
    (vii) The avocados must be packed in clean, new boxes, or clean 
plastic reusable crates. The boxes or crates must be clearly marked 
with the identity of the grower, packinghouse, and exporter. Between 
January 31, 2005 and January 31, 2007, the boxes or crates must be 
clearly marked with the statement ``Not for importation or distribution 
in CA, FL, HI, Puerto Rico or U.S. Territories.'' After January 31, 
2007, the boxes or crates must be clearly marked with the statement 
``Not for importation or distribution in Puerto Rico or U.S. 
Territories.''
    (viii) The boxes must be placed in a refrigerated truck or 
refrigerated container and remain in that truck or container while in 
transit through Mexico to the port of first arrival in the United 
States. Prior to leaving the packinghouse, the truck or container must 
be secured by Sanidad Vegetal with a seal that will be broken when the 
truck or container is opened. Once sealed, the refrigerated truck or 
refrigerated container must remain unopened until it reaches the port 
of first arrival in the United States.
    (ix) Any avocados that have not been packed or loaded into a 
refrigerated truck or refrigerated container by the end of the work day 
must be kept in the screened packing area.
    (d) Certification. All consignments of avocados must be accompanied 
by a phytosanitary certificate issued by the Mexican NPPO with an 
additional declaration certifying that the conditions specified in this 
section have been met.
    (e) Pest detection. (1) If any of the avocado seed pests Heilipus 
lauri, Conotrachelus aguacatae, C. perseae, or Stenoma catenifer are 
discovered in a municipality during the semiannual pest surveys, 
orchard surveys, packinghouse inspections, or other monitoring or 
inspection activity in the municipality, the Mexican NPPO must 
immediately initiate an investigation and take measures to isolate and 
eradicate the pests. The Mexican NPPO must also provide APHIS with 
information regarding the circumstances of the infestation and the pest 
risk mitigation measures taken. The municipality in which the pests are 
discovered will lose its pest-free certification and avocado exports 
from that municipality will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been effective 
and that the pest risk within that municipality has been eliminated.
    (2) If the Mexican NPPO discovers the stem weevil Copturus 
aguacatae in an orchard during an orchard survey or other monitoring or 
inspection activity in the orchard, the Mexican NPPO must provide APHIS 
with information regarding the circumstances of the infestation and the 
pest risk mitigation measures taken. The orchard in which the pest was 
found will lose its export certification immediately and avocado 
exports from that orchard will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been effective 
and that the pest risk within that orchard has been eliminated.
    (3) If the Mexican NPPO discovers the stem weevil Copturus 
aguacatae in fruit at a packinghouse, the Mexican NPPO must investigate 
the origin of the infested fruit and provide APHIS with information 
regarding the circumstances of the infestation and the pest risk 
mitigation measures taken. The orchard where the infested fruit 
originated will lose its export certification immediately and avocado 
exports from that orchard will be suspended until APHIS and the Mexican 
NPPO agree that the pest eradication measures taken have been effective 
and that the pest risk within that orchard has been eliminated.
    (f) Ports. The avocados may enter the United States only through a 
port of entry located in a State where the distribution of the fruit is 
authorized pursuant to paragraph (a)(2) of this section.
    (g) Inspection. The avocados are subject to inspection by an 
inspector at the port of first arrival. At the port of first arrival, 
an inspector will sample and cut avocados from each consignment to 
detect pest infestation.
    (h) Inspection. The avocados are subject to inspection by an 
inspector at the port of first arrival, at any stops in the United 
States en route to an approved State, and upon arrival at the terminal 
market in the approved States. At the port of first arrival, an 
inspector will sample and cut avocados from each shipment to detect 
pest infestation.
    (i) Repackaging. If any avocados are removed from their original 
shipping boxes and repackaged, the stickers required by paragraph 
(c)(3)(vi) of this section may not be removed or obscured and the new 
boxes must be clearly marked with all the information required by 
paragraph (c)(3)(vii) of this section.


Sec.  319.56-31  Peppers from Spain.

    Peppers (fruit) (Capsicum spp.) may be imported into the United 
States from Spain only under permit, and only in accordance with this 
section and all other applicable requirements of this subpart:
    (a) The peppers must be grown in the Alicante or Almeria Province 
of Spain in pest-proof greenhouses registered with, and inspected by, 
the Spanish Ministry of Agriculture, Fisheries, and Food (MAFF);
    (b) The peppers may be shipped only from December 1 through April 
30, inclusive;
    (c) Beginning October 1, and continuing through April 30, MAFF must 
set and maintain Mediterranean fruit fly (Ceratitis capitata) (Medfly) 
traps baited with trimedlure inside the greenhouses at a rate of four 
traps per hectare. In all outside areas, including urban and 
residential areas, within 8 kilometers of the greenhouses, MAFF must 
set and maintain Medfly traps baited with trimedlure at a rate of four 
traps per square kilometer. All traps must be checked every 7 days;
    (d) Capture of a single Medfly in a registered greenhouse will 
immediately halt exports from that greenhouse until the Administrator 
determines that the source of infestation has been identified, that all 
Medflies have been eradicated,

[[Page 25052]]

and that measures have been taken to preclude any future infestation. 
Capture of a single Medfly within 2 kilometers of a registered 
greenhouse will necessitate increased trap density in order to 
determine whether there is a reproducing population in the area. 
Capture of two Medflies within 2 kilometers of a registered greenhouse 
during a 1-month period will halt exports from all registered 
greenhouses within 2 kilometers of the capture, until the source of 
infestation is determined and all Medflies are eradicated;
    (e) The peppers must be safeguarded from harvest to export by 
insect-proof mesh or plastic tarpaulin, including while in transit to 
the packing house and while awaiting packing. They must be packed in 
insect-proof cartons or covered by insect-proof mesh or plastic 
tarpaulin for transit to the airport and subsequent export to the 
United States. These safeguards must be intact upon arrival in the 
United States;
    (f) The peppers must be packed for shipment within 24 hours of 
harvest;
    (g) During shipment, the peppers may not transit other fruit fly-
supporting areas unless shipping containers are sealed by MAFF with an 
official seal whose number is noted on the phytosanitary certificate; 
and
    (h) A phytosanitary certificate issued by MAFF and bearing the 
declaration, ``These peppers were grown in registered greenhouses in 
Alicante or Almeria Province in Spain,'' must accompany the 
consignment.


Sec.  319.56-32  Peppers from New Zealand.

    Peppers (fruit) (Capsicum spp.) from New Zealand may be imported 
into the United States only in accordance with this section and other 
applicable provisions of this subpart.
    (a) The peppers must be grown in New Zealand in insect-proof 
greenhouses approved by the New Zealand Ministry of Agriculture and 
Forestry (MAF).
    (b) The greenhouses must be equipped with double self-closing 
doors, and any vents or openings in the greenhouses (other than the 
double closing doors) must be covered with 0.6 mm screening in order to 
prevent the entry of pests into the greenhouse.
    (c) The greenhouses must be examined periodically by MAF to ensure 
that the screens are intact.
    (d) Each consignment of peppers must be accompanied by a 
phytosanitary certificate of inspection issued by MAF bearing the 
following declaration: ``These peppers were grown in greenhouses in 
accordance with the conditions in Sec.  319.56-32.''


Sec.  319.56-33  Mangoes from the Philippines.

    Mangoes (fruit) (Mangifera indica) may be imported into the United 
States from the Philippines only in accordance with this section and 
other applicable provisions of this subpart.
    (a) Limitation of origin. The mangoes must have been grown on the 
island of Guimaras, which the Administrator has determined meets the 
criteria set forth in Sec.  319.56-5 with regard to the mango seed 
weevil (Sternochetus mangiferae).
    (b) Treatment. The mangoes must be treated for fruit flies of the 
genus Bactrocera with vapor heat under the supervision of an inspector 
in accordance with the regulations in part 305 of this chapter.
    (c) Inspection. Mangoes from the Philippines are subject to 
inspection under the direction of an inspector, either in the 
Philippines or at the port of first arrival in the United States. 
Mangoes inspected in the Philippines are subject to reinspection at the 
port of first arrival in the United States as provided in Sec.  319.56-
3.
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec.  319.56-5(c)(1).
    (e) Phytosanitary certificate. Each consignment of mangoes must be 
accompanied by a phytosanitary certificate issued by the Republic of 
the Philippines Department of Agriculture that contains additional 
declarations stating that the mangoes were grown on the island of 
Guimaras and have been treated for fruit flies of the genus Bactrocera 
in accordance with paragraph (b) of this section.
    (f) Trust Fund Agreement. Mangoes that are treated or inspected in 
the Philippines may be imported into the United States only if the 
Republic of the Philippines Department of Agriculture (RPDA) has 
entered into a trust fund agreement with APHIS in accordance with Sec.  
319.56-6.


Sec.  319.56-34  Clementines from Spain.

    Clementines (Citrus reticulata) from Spain may only be imported 
into the United States in accordance with this section and other 
applicable provisions of this subpart.
    (a) Trust fund agreement. Clementines from Spain may be imported 
only if the Government of Spain or its designated representative enters 
into a trust fund agreement with APHIS before each shipping season in 
accordance with Sec.  319.56-6.
    (b) Grower registration and agreement. Persons who produce 
clementines in Spain for export to the United States must:
    (1) Be registered with the Government of Spain; and
    (2) Enter into an agreement with the Government of Spain whereby 
the producer agrees to participate in and follow the Mediterranean 
fruit fly management program established by the Government of Spain.
    (c) Management program for Mediterranean fruit fly; monitoring. The 
Government of Spain's Mediterranean fruit fly (Ceratitis capitata) 
management program must be approved by APHIS, and must contain the 
fruit fly trapping and recordkeeping requirements specified in this 
paragraph. The program must also provide that clementine producers must 
allow APHIS inspectors access to clementine production areas in order 
to monitor compliance with the Mediterranean fruit fly management 
program.
    (1) Trapping and control. In areas where clementines are produced 
for export to the United States, traps must be placed in Mediterranean 
fruit fly host plants at least 6 weeks prior to harvest. Bait 
treatments using malathion, spinosad, or another pesticide that is 
approved by APHIS and the Government of Spain must be applied in the 
production areas at the rate specified by Spain's Medfly management 
program.
    (2) Records. The Government of Spain or its designated 
representative must keep records that document the fruit fly trapping 
and control activities in areas that produce clementines for export to 
the United States. All trapping and control records kept by the 
Government of Spain or its designated representative must be made 
available to APHIS upon request.
    (3) Compliance. If APHIS determines that an orchard is not 
operating in compliance with the regulations in this section, it may 
suspend exports of clementines from that orchard.
    (d) Phytosanitary certificate. Clementines from Spain must be 
accompanied by a phytosanitary certificate stating that the fruit meets 
the conditions of the Government of Spain's Mediterranean fruit fly 
management program and applicable APHIS regulations.
    (e) Labeling. Boxes in which clementines are packed must be labeled 
with a lot number that provides information to identify the orchard 
where the fruit was grown and the packinghouse where the fruit was 
packed. The lot number must end with the letters ``US.'' All labeling 
must be large enough to clearly display the required information and 
must be located on the outside of the boxes to facilitate inspection.
    (f) Pre-treatment sampling; rates of inspection. For each 
consignment of

[[Page 25053]]

clementines intended for export to the United States, prior to cold 
treatment, inspectors will cut and inspect 200 fruit that are randomly 
selected from throughout the consignment. If inspectors find a single 
live Mediterranean fruit fly in any stage of development during an 
inspection, the entire consignment of clementines will be rejected. If 
a live Mediterranean fruit fly in any stage of development is found in 
any two lots of fruit from the same orchard during the same shipping 
season, that orchard will be removed from the export program for the 
remainder of that shipping season.
    (g) Cold treatment. Clementines must be cold treated in accordance 
with part 305 of this chapter. Upon arrival of clementines at a port of 
entry into the United States, inspectors will examine the cold 
treatment data for each shipment to ensure that the cold treatment was 
successfully completed. If the cold treatment has not been successfully 
completed, the shipment will be held until appropriate remedial actions 
have been implemented.
    (h) Port of entry sampling. Clementines imported from Spain are 
subject to inspection by an inspector at the port of entry into the 
United States. At the port of first arrival, an inspector will sample 
and cut clementines from each consignment to detect pest infestation 
according to sampling rates determined by the Administrator. If a 
single live Mediterranean fruit fly in any stage of development is 
found, the consignment will be held until an investigation is completed 
and appropriate remedial actions have been implemented.
    (i) Suspension of program. If APHIS determines at any time that the 
safeguards contained in this section are not protecting against the 
introduction of Medflies into the United States, APHIS may suspend the 
importation of clementines and conduct an investigation into the cause 
of the deficiency.
    (j) Definitions. The following are definitions for terms used in 
this section:
    Consignment. (1) Untreated fruit. For untreated fruit, the term 
means one or more lots (containing no more than a combined total of 
200,000 boxes of clementines) that are presented to an inspector for 
pre-treatment inspection.
    (2) Treated fruit. For treated fruit, the term means one or more 
lots of clementines that are imported into the United States on the 
same conveyance.
    Lot. For the purposes of this section, a number of units of 
clementines that are from a common origin (i.e., a single producer or a 
homogenous production unit \8\).
---------------------------------------------------------------------------

    \8\ A homogeneous production unit is a group of adjacent 
orchards in Spain that are owned by one or more growers who follow a 
homogenous production system under the same technical guidance.
---------------------------------------------------------------------------

    Orchard. A plot on which clementines are grown that is separately 
registered in the Spanish Medfly management program.
    Shipping season. For the purposes of this section, a shipping 
season is considered to include the period beginning approximately in 
mid-September and ending approximately in late February of the next 
calendar year.


Sec.  319.56-35  Persimmons from the Republic of Korea.

    Persimmons (fruit) (Disopyros khaki) may be imported into the 
United States from the Republic of Korea only in accordance with this 
section and other applicable provisions of this subpart.
    (a) The production site, which is an orchard, where the persimmons 
are grown must have been inspected at least once during the growing 
season and before harvest for the following pests: Conogethes 
punctiferalis, Planococcus kraunhiae, Stathmopoda masinissa, and 
Tenuipalpus zhizhilashiviliae.
    (b) After harvest, the persimmons must be inspected by the Republic 
of Korea's national plant protection organization (NPPO) and found free 
of the pests listed in paragraph (a) of this section before the 
persimmons may be shipped to the United States;
    (c) Each consignment of persimmons must be accompanied by a 
phytosanitary certificate issued by the Republic of Korea's NPPO 
stating that the fruit is free of Conogethes punctiferalis, Planococcus 
kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
    (d) If any of the pests listed in paragraph (a) of this section are 
detected in an orchard, exports from that orchard will be canceled 
until the source of infestation is determined and the infestation is 
eradicated.


Sec.  319.56-36  Watermelon, squash, cucumber, and oriental melon from 
the Republic of Korea.

    Watermelon (Citrullus lanatus), squash (Curcurbita maxima), 
cucumber (Cucumis sativus), and oriental melon (Cucumis melo) may be 
imported into the United States from the Republic of Korea only in 
accordance with this paragraph and all other applicable requirements of 
this subpart:
    (a) The fruit must be grown in pest-proof greenhouses registered 
with the Republic of Korea's national plant protection organization 
(NPPO).
    (b) The NPPO must inspect and regularly monitor greenhouses for 
plant pests. The NPPO must inspect greenhouses and plants, including 
fruit, at intervals of no more than 2 weeks, from the time of fruit set 
until the end of harvest.
    (c) The NPPO must set and maintain McPhail traps (or a similar type 
with a protein bait that has been approved for the pests of concern) in 
greenhouses from October 1 to April 30. The number of traps must be set 
as follows: Two traps for greenhouses smaller than 0.2 hectare in size; 
three traps for greenhouses 0.2 to 0.5 hectare; four traps for 
greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses 
greater than 1 hectare, traps must be placed at a rate of four traps 
per hectare.
    (d) The NPPO must check all traps once every 2 weeks. If a single 
pumpkin fruit fly is captured, that greenhouse will lose its 
registration until trapping shows that the infestation has been 
eradicated.
    (e) The fruit may be shipped only from December 1 through April 30.
    (f) Each shipment must be accompanied by a phytosanitary 
certificate issued by NPPO, with the following additional declaration: 
``The regulated articles in this shipment were grown in registered 
greenhouses as specified by 7 CFR 319.56-36.''
    (g) Each shipment must be protected from pest infestation from 
harvest until export. Newly harvested fruit must be covered with 
insect-proof mesh or a plastic tarpaulin while moving to the 
packinghouse and awaiting packing. Fruit must be packed within 24 hours 
of harvesting, in an enclosed container or vehicle or in insect-proof 
cartons or cartons covered with insect-proof mesh or plastic tarpaulin, 
and then placed in containers for shipment. These safeguards must be 
intact when the shipment arrives at the port in the United States.


Sec.  319.56-37  Grapes from the Republic of Korea.

    Grapes (Vitis spp.) may be imported into the United States from the 
Republic of Korea under the following conditions:
    (a) The fields where the grapes are grown must be inspected during 
the growing season by the Republic of Korea's national plant protection 
organization (NPPO). The NPPO will inspect 250 grapevines per hectare, 
inspecting leaves, stems, and fruit of the vines.
    (b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella, 
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia 
fructigena is

[[Page 25054]]

detected during inspection, the field will immediately be rejected, and 
exports from that field will be canceled until visual inspection of the 
vines shows that the infestation has been eradicated.
    (c) Fruit must be bagged from the time the fruit sets until 
harvest.
    (d) Each shipment must be inspected by the NPPO before export. For 
each shipment, the NPPO must issue a phytosanitary certificate with an 
additional declaration stating that the fruit in the shipment was found 
free from C. punctiferalis, E. ambiguella, S. pilleriana, S. 
auriferella, or M. fructigena, and Nippoptilia vitis.


Sec.  319.56-38  Clementines, mandarins, and tangerines from Chile.

    Clementines (Citrus reticulata Blanco var. Clementine), mandarins 
(Citrus reticulata Blanco), and tangerines (Citrus reticulata Blanco) 
may be imported into the United States from Chile only under the 
following conditions:
    (a) The fruit must be accompanied by a permit issued in accordance 
with Sec.  319.56-3(b).
    (b) If the fruit is produced in an area of Chile where 
Mediterranean fruit fly (Ceratatis capitata) is known to occur, the 
fruit must be cold treated in accordance with part 305 of this chapter. 
Fruit for which cold treatment is required must be accompanied by 
documentation indicating that the cold treatment was initiated in Chile 
(a PPQ Form 203 or its equivalent may be used for this purpose).
    (c) The fruit must either be produced and shipped under the systems 
approach described in paragraph (d) of this section or fumigated in 
accordance with paragraph (e) of this section.
    (d) Systems approach. The fruit may be imported without fumigation 
for Brevipalpus chilensis if it meets the following conditions:
    (1) Production site registration. The production site where the 
fruit is grown must be registered with the national plant protection 
organization (NPPO) of Chile. To register, the production site must 
provide Chile's NPPO with the following information: Production site 
name, grower, municipality, province, region, area planted to each 
species, number of plants/hectares/species, and approximate date of 
harvest. Registration must be renewed annually.
    (2) Low prevalence production site certification. Between 1 and 30 
days prior to harvest, random samples of fruit must be collected from 
each registered production site under the direction of Chile's NPPO. 
These samples must undergo a pest detection and evaluation method as 
follows: The fruit and pedicels must be washed using a flushing method, 
placed in a 20 mesh sieve on top of a 200 mesh sieve, sprinkled with a 
liquid soap and water solution, washed with water at high pressure, and 
washed with water at low pressure. The process must then be repeated. 
The contents of the sieves must then be placed on a petri dish and 
analyzed for the presence of live B. chilensis mites. If a single live 
B. chilensis mite is found, the production site will not qualify for 
certification as a low prevalence production site and will be eligible 
to export fruit to the United States only if the fruit is fumigated in 
accordance with paragraph (e) of this section. Each production site may 
have only one opportunity per harvest season to qualify as a low 
prevalence production site, and certification of low prevalence will be 
valid for one harvest season only. The NPPO of Chile will present a 
list of certified production sites to APHIS.
    (3) Post-harvest processing. After harvest and before packing, the 
fruit must be washed, rinsed in a chlorine bath, washed with detergent 
with brushing using bristle rollers, rinsed with a hot water shower 
with brushing using bristle rollers, predried at room temperature, 
waxed, and dried with hot air.
    (4) Phytosanitary inspection. The fruit must be inspected in Chile 
at an APHIS-approved inspection site under the direction of APHIS 
inspectors in coordination with the NPPO of Chile after the post-
harvest processing. A biometric sample will be drawn and examined from 
each consignment of fruit, which may represent multiple grower lots 
from different packing sheds. Clementines, mandarins, or tangerines in 
any consignment may be shipped to the United States only if the 
consignment passes inspection as follows:
    (i) Fruit presented for inspection must be identified in the 
shipping documents accompanying each lot of fruit that identify the 
production site(s) where the fruit was produced and the packing shed(s) 
where the fruit was processed. This identity must be maintained until 
the fruit is released for entry into the United States.
    (ii) A biometric sample of boxes from each consignment will be 
selected and the fruit from these boxes will be visually inspected for 
quarantine pests, and a portion of the fruit will be washed and the 
collected filtrate will be microscopically examined for B. chilensis.
    (A) If a single live B. chilensis mite is found, the fruit will be 
eligible for importation into the United States only if it is fumigated 
in Chile in accordance with paragraph (e) of this section. The 
production site will be suspended from the low prevalence certification 
program and all subsequent lots of fruit from the production site of 
origin will be required to be fumigated as a condition of entry to the 
United States for the remainder of the shipping season.
    (B) If inspectors find evidence of any other quarantine pest, the 
fruit in the consignment will remain eligible for importation into the 
United States only if an authorized treatment for the pest is available 
in the PPQ Treatment Manual and the entire consignment is treated for 
the pest in Chile under APHIS supervision.
    (iii) Each consignment of fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Chile that contains an 
additional declaration stating that the fruit in the consignment meets 
the conditions of Sec.  319.56-38(d).
    (e) Approved fumigation. Clementines, mandarins, or tangerines that 
do not meet the conditions of paragraph (d) of this section may be 
imported into the United States if the fruit is fumigated either in 
Chile or at the port of first arrival in the United States with methyl 
bromide for B. chilensis in accordance with part 305 of this chapter. 
An APHIS inspector will monitor the fumigation of the fruit and will 
prescribe such safeguards as may be necessary for unloading, handling, 
and transportation preparatory to fumigation. The final release of the 
fruit for entry into the United States will be conditioned upon 
compliance with prescribed safeguards and required treatment.
    (f) Trust fund agreement. Clementines, mandarins, and tangerines 
may be imported into the United States under this section only if the 
NPPO of Chile has entered into a trust fund agreement with APHIS in 
accordance with Sec.  319.56-6.


Sec.  319.56-39  Fragrant pears from China.

    Fragrant pears may be imported into the United States from China 
only under the following conditions:
    (a) Origin, growing, and harvest conditions. (1) The pears must 
have been grown in the Korla region of Xinjiang Province in a 
production site that is registered with the national plant protection 
organization of China.
    (2) All propagative material introduced into a registered 
production site must be certified free of the pests listed in this 
section by the national plant protection organization of China.
    (3) Within 30 days prior to harvest, the national plant protection

[[Page 25055]]

organization of China or officials authorized by the national plant 
protection organization of China must inspect the registered production 
site for signs of pest infestation and allow APHIS to monitor the 
inspections. The national plant protection organization of China must 
provide APHIS with information on pest detections and pest detection 
practices, and APHIS must approve the pest detection practices.
    (4) If any of the quarantine pests listed in this section are found 
during the pre-harvest inspection or at any other time, the national 
plant protection organization of China must notify APHIS immediately.
    (i) Upon detection of Oriental fruit fly (Bactrocera dorsalis), 
APHIS may reject the lot or consignment and may prohibit the 
importation into the United States of fragrant pears from China until 
an investigation is conducted and APHIS and the national plant 
protection organization of China agree that appropriate remedial action 
has been taken.
    (ii) Upon detection of peach fruit borer (Carposina sasaki), yellow 
peach moth (Conogethes punctiferalis), apple fruit moth (Cydia 
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum 
maggot (Cydia funebrana), brown rot (Monilinia fructigena), Asian pear 
scab (Venturia nashicola), pear trellis rust (Gymnosporangium fuscum), 
Asian pear black spot (Alternaria spp.), or phylloxeran (Aphanostigma 
sp. poss. jackusiensis), APHIS may reject the lot or consignment and 
may prohibit the importation into the United States of fragrant pears 
from the production site for the season. The exportation to the United 
States of fragrant pears from the production site may resume in the 
next growing season if an investigation is conducted and APHIS and the 
national plant protection organization of China agree that appropriate 
remedial action has been taken. If any of these pests is detected in 
more than one registered production site, APHIS may prohibit the 
importation into the United States of fragrant pears from China until 
an investigation is conducted and APHIS and the national plant 
protection organization of China agree that appropriate remedial action 
has been taken.
    (5) After harvest, the national plant protection organization of 
China or officials authorized by the national plant protection 
organization of China must inspect the pears for signs of pest 
infestation and allow APHIS to monitor the inspections.
    (6) Upon detection of large pear borer (Numonia pivivorella), pear 
curculio (Rhynchites fovepessin), or Japanese apple curculio (R. 
heros), APHIS may reject the lot or consignment.
    (b) Packing requirements. (1) The fragrant pears must be packed in 
cartons that are labeled in accordance with Sec.  319.56-5(e).
    (2) The fragrant pears must be held in a cold storage facility 
while awaiting export. If fruit from unregistered production sites are 
stored in the same facility, the fragrant pears must be isolated from 
that other fruit.
    (c) Shipping requirements. (1) The fragrant pears must be shipped 
in insect-proof containers and all pears must be safeguarded during 
transport to the United States in a manner that will prevent pest 
infestation.
    (2) The fragrant pears may be imported only under a permit issued 
by APHIS in accordance with Sec.  319.56-3(b).
    (3) Each shipment of pears must be accompanied by a phytosanitary 
certificate issued by the national plant protection organization of 
China stating that the conditions of this section have been met and 
that the shipment has been inspected and found free of the pests listed 
in this section.


Sec.  319.56-40  Peppers from certain Central American countries.

    Fresh peppers (Capsicum spp.) may be imported into the United 
States from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua 
only under the following conditions:
    (a) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, and Capsicum chinense from areas free of 
Mediterranean fruit fly (Medfly), terms of entry are as follows:
    (1) The peppers must be grown and packed in an area that has been 
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in 
accordance with the procedures described in Sec.  319.56-5 of this 
subpart.
    (2) A pre-harvest inspection of the growing site must be conducted 
by the national plant protection organization (NPPO) of the exporting 
country for the weevil Faustinus ovatipennis, pea leafminer, tomato 
fruit borer, banana moth, lantana mealybug, passionvine mealybug, melon 
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus, 
and tomato yellow mosaic virus, and if these pests are found to be 
generally infesting the growing site, the NPPO may not allow export 
from that production site until the NPPO has determined that risk 
mitigation has been achieved.
    (3) The peppers must be packed in insect-proof cartons or 
containers or covered with insect-proof mesh or plastic tarpaulin at 
the packinghouse for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (4) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an area recognized to be free of Medfly and the 
shipment has been inspected and found free of the pests listed in the 
requirements.''
    (b) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, Capsicum chinense, and Capsicum 
pubescens from areas in which Medfly is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO will visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have self-closing double doors and have all 
other openings and vents covered with 1.6 (or less) mm screening.
    (3) Registered sites must contain traps for the detection of Medfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Medfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to export peppers to the United States until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (iii) Medfly traps with an approved lure must be placed inside a 
buffer area 500 meters wide around the registered production site, at a 
density of 1 trap per 10 hectares and a minimum of 10 traps. These 
traps must be checked at least every 7 days. At least one of these 
traps must be near the greenhouse. Traps must be set for at least 2 
months before export and trapping must continue to the end of the 
harvest.

[[Page 25056]]

    (iv) Capture of 0.7 or more Medflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Medfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS' review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the shipment has 
been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.
    (c) For peppers of the species Capsicum pubescens from areas in 
which Mexican fruit fly (Mexfly) is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO must visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have self-closing double doors and have all 
other openings and vents covered with 1.6 (or less) mm screening.
    (3) Registered sites must contain traps for the detection of Mexfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Mexfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to ship under the systems approach until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (iii) Mexfly traps with an approved protein bait must be placed 
inside a buffer area 500 meters wide around the registered production 
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps. 
These traps must be checked at least every 7 days. At least one of 
these traps must be near the greenhouse. Traps must be set for at least 
2 months before export, and trapping must continue to the end of the 
harvest.
    (iv) Capture of 0.7 or more Mexflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Mexfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS's review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the shipment has 
been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.


Sec.  319.75-2  [Amended]

    13. In Sec.  319.75-2, footnote 1 would be amended by removing the 
citation ``7 CFR 319.56 et seq.'' and adding the words ``Subpart--
Fruits and Vegetables of this part'' in its place.

PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS

    14. The authority citation for part 352 would continue to read as 
follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 
136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    15. In Sec.  352.30, paragraphs (e) and (f) would be revised to 
read as follows:


Sec.  352.30  Administrative instructions: Certain oranges, tangerines, 
and grapefruit from Mexico.

* * * * *
    (e) Untreated fruit from certain municipalities in Sonora, Mexico. 
Oranges, tangerines, and grapefruit in

[[Page 25057]]

transit to foreign countries may be imported from certain 
municipalities in Sonora, Mexico, that meet the criteria of Sec.  
319.56-5 for freedom from fruit flies in accordance with the applicable 
conditions in part 319 of this chapter.
    (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico 
that have been treated in Mexico in accordance with part 305 of this 
chapter may be moved through the United States ports for exportation in 
accordance with the regulations in part 319 of this chapter.
* * * * *

    Done in Washington, DC, this 19th day of April 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 06-3897 Filed 4-26-06; 8:45 am]
BILLING CODE 3410-34-C