Animal and Health Inspection Service, USDA § 301.97–2

Compliance agreement. A written as a quarantined area in accordance agreement between APHIS and a per- with § 301.97–3(b) of this subpart. son engaged in growing, handling, or Regulated article. Any article listed in moving regulated articles, wherein the § 301.97–2 or otherwise designated as a person agrees to comply with this sub- regulated article in accordance with part. § 301.97–2(e). Departmental permit. A document State. The District of Columbia, Puer- issued by the Administrator in which to Rico, the Northern Mariana Islands, he or she affirms that interstate move- or any State, territory, or possession of ment of the regulated article identified the United States. on the document is for scientific or ex- perimental purposes and that the regu- § 301.97–2 Regulated articles. lated article is eligible for interstate The following are regulated articles: movement in accordance with § 301.97– (a) fruit flies.2 4(d) of this subpart. (b) The following fruits and vegeta- Dripline. The line around the canopy bles: of a plant. Apple (Malus sylvestris) Infestation. The presence of the melon Apple, custard (Annona reticulata) fruit fly or the existence of cir- Avocado (Persea americana) cumstances that makes it reasonable Bean, hyacinth (Dolichos lablab) to believe that the melon fruit fly is Bean, lima (Phaseolus lunatus = Phaseolus present. limensis) Inspector. Any employee of the Ani- Bean, mung (Phaseolus vulgaris) ( melo and Cucumis melo mal and Plant Health Inspection Serv- var. Cantalupensis) ice, U.S. Department of Agriculture, or Cauliflower (Brassica oleracea var. botrytis) other person authorized by the Admin- Chayote (Sechium edule) istrator to enforce this subpart. Colocynth ( colocynthis) Interstate. From any State into or Cowpea (Vigna unguiculata) through any other State. (Cucumis sativus) Limited permit. A document in which Cucumber, bur (Sicyes sp.) Cucurbit (Cucumis pubescens and Cucumis an inspector or person operating under trigonus) a compliance agreement affirms that Date palm (Phoenix dactylifera) the regulated article identified on the Eggplant (Solanum melongena) document is eligible for interstate Fig (Ficus carica) movement in accordance with § 301.97– Gourds 5(b) of this subpart only to a specified (Coccinia spp.) destination and only in accordance (Cresentia spp.) (Lagenaria spp.) with specified conditions. (Luffa spp.) Melon fruit fly. The insect known as (Momordica spp.) the melon fruit fly, Bactrocera (Trichosanthis spp.) cucurbitae (Coquillett), in any stage of Grape (Vitis trifolia) development. Guava (Psidium guajava) Moved (move, movement). Shipped, of- Guava, cattley (Psidium cattlelanum) fered for shipment, received for trans- Lemon, water (Passiflora laurifolia) Mango (Mangifera indica) portation, transported, carried, or al- Melon (Citrullus spp.) lowed to be moved, shipped, trans- Melon, Chinese (Benincasa hispida) ported, or carried. Melon, oriental pickling (Cucumis melo var. Person. Any association, company, conomon) corporation, firm, individual, joint Mustard, leaf (Brassica juncea) stock company, partnership, society, Okra (Hibiscus esculentus) or other entity. Orange, king (Citrus nobilis) Plant Protection and Quarantine. Orange, mandarin (Citrus reticulata) Orange, sweet (Citrus sinensis) Plant Protection and Quarantine, Ani- Papaya (Carica papaya) mal and Plant Health Inspection Serv- Passion fruit (Passiflora edulis) ice, United States Department of Agri- Peach (Prunus persica) culture. Quarantined area. Any State, or any 2 Permit and other requirements for the portion of a State, listed in § 301.97–3(c) interstate movement of melon fruit flies are of this subpart or otherwise designated contained in part 330 of this chapter.

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Pear (Pyrus communis) found by an inspector, in which the Ad- Pepper (Capsicum annum) ministrator has reason to believe that Pepper, chile (Capsicum annum) Pepper, tobasco (Capsicum frutescens) the melon fruit fly is present, or that ( pepo) the Administrator considers necessary Pumpkin, Canada (Cucurbita moschata) to quarantine because of its insepa- Scarlet wisteria tree (Sesbania grandiflora) rability for quarantine enforcement Soursop (Annona muricata) purposes from localities in which the Squash (Cucurbita maxima) Tomato (Lycopersicon esculentum) melon fruit fly has been found. Less Tomato, tree (Cyphomandra betaceae) than an entire State will be designated (Citrullus lanatus = Citrullus as a quarantined area only if the Ad- vulgaris) ministrator determines that: Any fruits or vegetables that are (1) The State has adopted and is en- canned or dried or frozen below ¥17.8 forcing restrictions on the intrastate °C. (0 °F.) are not regulated articles. movement of the regulated articles (c) Soil within the dripline of that are substantially the same as that are producing or have produced those imposed by this subpart on the the fruits or vegetables listed in para- interstate movement of regulated arti- graph (b) of this section. cles; and (d) Plants of the following species in (2) The designation of less than the the family : entire State as a quarantined area will Cantaloupe (Cucumis melo) prevent the interstate spread of the Chayote (Sechium edule) melon fruit fly. Colocynth () (b) The Administrator or an inspec- Cucumber (Cucumis sativus) tor may temporarily designate any Cucumber, bur (Sicyos sp.) Cucurbit, wild (Cucumis trigonus) nonquarantined area in a State as a Gherkin, West India (Cucumis angaria) quarantined area in accordance with Gourd, angled luffa (Luffa acutangula) paragraph (a) of this section. The Ad- Gourd, balsam apple (Momordica balsaminia) ministrator will give a copy of this reg- Gourd, ivy (Coccinia grandis) ulation along with a written notice for Gourd, kakari (Momordica dioica) Gourd, serpent cucumber (Trichosanthis the temporary designation to the anguina) owner or person in possession of the Gourd, snake (Trichosanthis cucumeroides) nonquarantined area. Thereafter, the Gourd, sponge (Luffa aegyptiaca) interstate movement of any regulated Gourd, white flowered (Lagenaria siceraria) article from an area temporarily des- Melon, Chinese (Benincasa hispida) ignated as a quarantined area will be Melon, long (Cucumis utilissimus) Pumpkin (Cucurbita pepo) subject to this subpart. As soon as Pumpkin, Canada (Cucurbita moschata) practicable, this area will be added to Squash (Cucurbita maxima) the list in paragraph (c) of this section Watermelon (Citrullus lanatus = Citrullus or the designation will be terminated vulgaris) by the Administrator or an inspector. (e) Any other product, article, or The owner or person in possession of an means of conveyance not listed in para- area for which designation is termi- graphs (a) through (d) of this section nated will be given notice of the termi- that an inspector determines presents nation as soon as practicable. a risk of spreading the melon fruit fly, (c) The areas described below are des- when the inspector notifies the person ignated as quarantined areas: There in possession of the product, article, or are no areas in the continental United means of conveyance that it is subject States quarantined for the melon fruit to the restrictions of this subpart. fly. § 301.97–3 Quarantined areas. [65 FR 8636, Feb. 22, 2000, as amended at 65 (a) Except as otherwise provided in FR 39780, June 28, 2000] paragraph (b) of this section, the Ad- ministrator will list as a quarantined area in paragraph (c) of this section each State, or each portion of a State, in which the melon fruit fly has been

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