§ 361.2 7 CFR Ch. III (1–1–11 Edition)

Collards—Brassica oleracea L. var. acephala § 361.2 Preemption of State and local DC. laws; general restrictions on the im- Corn, sweet—Zea mays L. portation of seed and screenings. Cornsalad—Valerianella locusta (L.) Laterrade Cowpea—Vigna unguiculata (L.) Walp. subsp. (a) The regulations in this part pre- unguiculata empt State and local laws regarding Cress, garden—Lepidium sativum L. seed and screenings imported into the Cress, upland— verna (Mill.) Asch. United States while the seed and Cress, water—Rorippa nasturtium-aquaticum screenings are in foreign commerce. (L.) Hayek Seed and screenings imported for im- Cucumber—Cucumis sativus L. mediate distribution and sale to the Dandelion—Taraxacum officinale Wigg. consuming public remain in foreign Dill—Anethum graveolens L. commerce until sold to the ultimate Eggplant—Solanum melongena L. consumer. The question of when for- Endive—Cichorium endivia L. eign commerce ceases in other cases Gherkin, West India—Cucumis anguria L. must be considered on a case-by-case Kale—Brassica oleracea L. var. acephala DC. Kale, Chinese—Brassica oleracea L. var. basis. alboglabra (Bailey) Musil (b) No person shall import any agri- Kale, Siberian—Brassica napus L. var. cultural seed, seed, or pabularia (DC.) Reichb. screenings into the United States un- Kohlrabi—Brassica oleracea L. var. gongylodes less the importation is in compliance L. with this part. Leek—Allium porrum L. (c) Any agricultural seed, vegetable Lettuce—Lactuca sativa L. seed, or screenings imported into the Melon—Cucumis melo L. United States not in compliance with Muskmelon—(see Melon). this part shall be subject to expor- Mustard, India—Brassica juncea (L.) Czernj. and Coss. tation, destruction, disposal, or any re- Mustard, —Brassica perviridis (Bailey) medial measures that the Adminis- Bailey trator determines are necessary to pre- Okra—Abelmoschus esculentus (L.) Moench vent the dissemination into the United Onion—Allium cepa L. States of noxious weeds. Onion, Welsh—Allium fistulosum L. (d) Except as provided in § 361.7(b), Pak-choi—Brassica rapa L. subsp. chinensis coated or pelleted seed may enter the (L.) Hanelt United States only if each lot of seed is Parsley—Petroselinum crispum (Mill.) A.W. accompanied by an officially drawn Hill and sealed sample of seed drawn from Parsnip—Pastinaca sativa L. the lot before the seed was coated or Pea—Pisum sativum L. Pepper—Capsicum spp. pelleted. The sample must be drawn in Pe-tsai—(see Chinese cabbage). a manner consistent with that de- Pumpkin—Cucurbita pepo L., C. moschata scribed in § 361.5 of this part. (Duchesne) Poiret, and C. maxima Duchesne (e) Except as provided in §§ 361.4(a)(3) Radish—Raphanus sativus L. and 361.7(c), screenings of all agricul- Rhubarb—Rheum rhabarbarum L. tural seed and vegetable seed are pro- Rutabaga—Brassica napus L. var. hibited entry into the United States. napobrassica (L.) Reichb. Sage—Salvia officinalis L. [62 FR 48460, Sept. 16, 1997, as amended at 74 Salsify—Tragopogon porrifolius L. FR 53400, Oct. 19, 2009] Savory, summer—Satureja hortensis L. Sorrel—Rumex acetosa L. § 361.3 Declarations and labeling. Southernpea—(see Cowpea). (a) All lots of agricultural seed, vege- Soybean—Glycine max (L.) Merr. table seed, and screenings imported Spinach—Spinacia oleracea L. into the United States must be accom- Spinach, New Zealand—Tetragonia panied by a declaration from the im- tetragonioides (Pall.) Ktze. porter of the seed or screenings. The Squash—Cucurbita pepo L., C. moschata declaration must state the kind, vari- (Duchesne) Poiret, and C. maxima Duchesne Tomato—Lycopersicon esculentum Mill. ety, and origin of each lot of seed or Tomato, husk—Physalis pubescens L. screenings and the use for which the Turnip—Brassica rapa L. subsp. rapa seed or screenings are being imported. Watermelon—Citrullus lanatus (Thunb.) (b) Each container of agricultural Matsum. and Nakai var. lanatus seed and vegetable seed imported into

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the United States for seeding (plant- Demeton ing) purposes must be labeled to indi- Dieldrin cate the identification code or designa- p-Dimethylaminobenzenediazo sodium tion for the lot of seed; the name of sulfonate Endrin each kind or kind and variety of agri- Ethion cultural seed or the name of each kind Heptachlor and variety of vegetable seed present in Mercurials, all types the lot in excess of 5 percent of the Parathion whole; and the designation ‘‘hybrid’’ Phorate when the lot contains hybrid seed. Toxaphene Kind and variety names used on the O-O-Diethyl-O-(isopropyl-4-methyl-6- label shall conform to the kind and va- pyrimidyl) thiophosphate riety names used in the definitions of O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate ‘‘agricultural seed’’ and ‘‘vegetable seed’’ in § 361.1. If any seed in the lot has been (3) If the seed has been treated with treated, each container must be further a substance other than one classified as labeled, in type no smaller than 8 a mercurial or similarly toxic sub- point, as follows: stance under paragraph (b)(2) of this (1) The label must indicate that the section, and the amount remaining seed has been treated and provide the with the seed is harmful to humans or name of the substance or process used other vertebrate animals, the label to treat the seed. Substance names must indicate that the seed is not to be used on the label shall be the com- used for food, feed, or oil purposes. Any monly accepted coined, chemical (ge- amount of any substance used to treat neric), or abbreviated chemical name. the seed that remains with the seed (i) Commonly accepted coined names will be considered harmful when the are commonly recognized as names of seed is in containers of more than 4 particular substances, e.g., thiram, ounces, except that the following sub- captan, lindane, and dichlone. stances will not be deemed harmful (ii) Examples of commonly accepted when present at a rate less than the chemical (generic) names are blue- number of parts per million (p/m) indi- stone, calcium carbonate, cuprous cated: oxide, zinc hydroxide, hexachlorobenzene, and ethyl mercury Allethrin—2 p/m Malathion—8 p/m acetate. The terms ‘‘mercury’’ or ‘‘mer- Methoxyclor—2 p/m curial’’ may be used in labeling all Piperonyl butoxide—20 p/m (8 p/m on oat and types of mercurials. sorghum) (iii) Examples of commonly accepted Pyrethrins—3 p/m (1 p/m on oat and sor- abbreviated chemical names are BHC ghum) (1,2,3,4,5,6-Hexachlorocyclohexane) and (c) In the case of seed in bulk, the in- DDT (dichloro diphenyl trichloro- formation required under paragraph (b) ethane). of this section shall appear in the in- (2) If the seed has been treated with voice or other records accompanying a mercurial or similarly toxic sub- and pertaining to such seed. If the seed stance harmful to humans and is in containers and in quantities of vertebrate animals, the label must in- 20,000 pounds or more, regardless of the clude a representation of a skull and number of lots included, the informa- crossbones and a statement indicating tion required on each container under that the seed has been treated with paragraph (b) of this section need not poison. The skull and crossbones must be shown on each container if each con- be at least twice the size of the type tainer has stenciled upon it or bears a used for the information provided on label containing a lot designation and the label, and the poison warning the invoice or other records accom- statement must be written in red let- panying and pertaining to such seed ters on a background of distinctly con- bear the various statements required trasting color. Mercurials and simi- for the respective seeds. larly toxic substances include the fol- (d) Each container of agricultural lowing: seed and vegetable seed imported into Aldrin, technical the United States for cleaning need not

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be labeled to show the information re- (5) Seed that was grown in the United quired under paragraph (b) of this sec- States, exported, and is now returning tion if: to the United States, provided that the (1) The seed is in bulk; person importing the seed into the (2) The seed is in containers and in United States furnishes APHIS with quantities of 20,000 pounds or more, re- the following documentation: gardless of the number of lots involved, (i) Export documents indicating the and the invoice or other records accom- quantity of seed and number of con- panying and pertaining to the seed tainers, the date of exportation from show that the seed is for cleaning; or the United States, the distinguishing (3) The seed is in containers and in marks on the containers at the time of quantities of less than 20,000 pounds, exportation, and the name and address and each container carries a label that of the United States exporter; bears the words ‘‘Seed for cleaning.’’ (ii) A document issued by a Customs or other government official of the § 361.4 Inspection at the port of first arrival. country to which the seed was exported indicating that the seed was not admit- (a) All agricultural seed, vegetable ted into the commerce of that country; seed, and screenings imported into the and United States shall be made available (iii) A document issued by a Customs for examination by an APHIS inspector or other government official of the at the port of first arrival and shall re- country to which the seed was exported main at the port of first arrival until indicating that the seed was not com- released by an APHIS inspector. Lots mingled with other seed after being ex- of agricultural seed, vegetable seed, or ported to that country. screenings may enter the United States without meeting the sampling require- (b) Except as provided in §§ 361.5(a)(2) ments of paragraph (b) of this section if and 361.7, samples will be taken from the lot is: all agricultural seed and vegetable seed (1) Seed that is not being imported imported into the United States for for seeding (planting) purposes and the seeding (planting) purposes prior to declaration required by § 361.3(a) states being released into the commerce of the purpose for which the seed is being the United States. imported; (1) Samples of seed will be taken (2) Seed that is being shipped in bond from each lot of seed in accordance through the United States; with § 361.5 to determine whether any (3) Screenings from seeds of wheat, seeds of noxious weeds listed in oats, barley, rye, buckwheat, field § 361.6(a) are present. If seeds of noxious corn, sorghum, broomcorn, flax, millet, weeds are present at a level higher proso, soybeans, cowpeas, field peas, or than the tolerances set forth in field beans that are not being imported § 361.6(b), the lot of seed will be deemed for seeding (planting) purposes and the to be adulterated and will be rejected declaration accompanying the for entry into the United States for screenings as required under § 361.2(a) seeding (planting) purposes. Once indicates that the screenings are being deemed adulterated, the lot of seed imported for processing or manufac- must be: turing purposes; (i) Exported from the United States; (4) Seed that is being imported for (ii) Destroyed under the monitoring sowing for experimental or breeding of an APHIS inspector; purposes, is not for sale, is limited in (iii) Cleaned under APHIS moni- quantity to the amount indicated in toring at a seed-cleaning facility that column 3 of table 1 of § 361.5, and is ac- companied by a declaration stating the is operated in accordance with purpose for which it is being imported § 361.8(a); or (seed imported for increase purposes (iv) If the lot of seed is adulterated only will not be considered as being im- with the seeds of a noxious weed listed ported for experimental or breeding in § 361.6(a)(2), the seed may be allowed purposes); or

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