and Plant Health Inspection Service, USDA § 319.56–20

certification and reexamination at the exporting country on Honshu Island or port of departure prior to exportation. north thereof. (vi) Only the Tahiti Queen cultivar (xiii) Only precleared consignments and varieties which are at least 50 per- that have been treated with an ap- cent smooth Cayenne by lineage are proved treatment listed in 7 CFR part admissible. The importer or the im- 305 are authorized. The consignment porter’s agent must provide the inspec- must be accompanied by a PPQ Form tor with documentation that estab- 203 signed by the APHIS inspector on lishes the variety’s lineage. This docu- site in the exporting country. ment is necessary only with the first (xiv) Must be accompanied by a importation. phytosanitary certificate issued by the (vii) Prohibited from the Palestinian national plant protection organization controlled portions of the West Bank of Israel that declares ‘‘These tomatoes and Gaza Strip; otherwise, must be ac- were grown in registered greenhouses companied by a phytosanitary certifi- in the Arava Valley of Israel.’’ cate which declares that the melons (xv) Must be treated with an ap- were grown in approved areas in the proved treatment listed in 7 CFR part Arava Valley or the Kadesh–Barnea 305. area of Israel, the fields where the mel- (xvi) Must be accompanied by a ons were grown were inspected prior to phytosanitary certificate issued by the harvest, and the melons were inspected national plant protection organization prior to export and found free of pests. of the country of origin and with an ad- (viii) Prohibited from the Palestinian ditional declaration stating that the controlled portions of the West Bank fruit is free from Cnephasia jactatana, Coscinoptycha improbana, Ctenopseustis and Gaza Strip; otherwise must be ac- obliquana, Epiphyas postvittana, companied by a phytosanitary certifi- Pezothrips kellyanus, and Planotortrix cate which declares that only tomato excessana; must undergo a port of entry varieties 111, 121, 124, 139, and 144 are inspection with a biometric sampling included in the consignment and the of 100 percent of 30 boxes selected ran- tomatoes were packed into fruit-fly- domly from each consignment; and the proof containers within 24 hours after randomly selected boxes must be exam- harvesting. ined for hitchhiking pests. (ix) Except for sand pears entering (xvii) Must be accompanied by a Hawaii, only precleared consignments phytosanitary certificate issued by the are authorized. The consignment must national plant protection organization be accompanied by a PPQ Form 203 of the exporting country of origin with signed by the APHIS inspector on site an additional declaration stating that in the exporting country. the fruit is free of Conogethes (x) Must be accompanied by a punctiferalis, Cryptophlebia ombrodelta, phytosanitary certificate issued by the and Rhipiphorothrips cruentatus. national plant protection organization of the exporting country that includes (Approved by the Office of Management and a declaration certifying that the prod- Budget under control numbers 0579–0049, 0579–0236, 0579–0264, 0579–0316, and 0579–0351) ucts were grown and packed in the ex- porting country. [24 FR 10788, Dec. 29, 1959, as amended at 72 (xi) Must be accompanied by a FR 48547, Aug. 24, 2007; 73 FR 10972, Feb. 29, 2008; 74 FR 23611, May 20, 2009; 74 FR 56525, phytosanitary certificate issued by the Nov. 2, 2009] national plant protection organization of the exporting country that includes §§ 319.56–14—319.56–19 [Reserved] a declaration certifying that the prod- ucts were grown in a greenhouse in the § 319.56–20 Apples and pears from Aus- exporting country. tralia (including ) and (xii) Must be accompanied by a New Zealand. phytosanitary certificate issued by the Apples and pears from (in- national plant protection organization cluding Tasmania) and New Zealand of the exporting country that includes may be imported only in accordance a declaration certifying that the prod- with this section and all other applica- ucts were grown in a greenhouse in the ble provisions of this subpart.

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(a) Inspection and treatment for pests of quirements of § 319.56–3. Upon entry the family Tortricidae. An inspector into the United States, such okra is must take a biometrically designed immediately subject to the require- sample from each lot of apples or pears ments of Subpart—Pink Bollworm that are offered for entry into the (§§ 301.52 through 301.52–10) of this chap- United States. If inspection of the sam- ter. ple discloses that pests of the family (b) Importations into areas south of the Tortricidae (fruit-leaf roller ) are 38th parallel that are not pink bollworm not present in the lot sampled, the generally infested or suppressive areas. (1) fruit may be imported without treat- During December 1 through May 15, in- ment. If any such pests are found upon clusive, okra may be imported into inspection, the lot must be treated areas of Alabama, Arkansas, Florida, with methyl bromide as prescribed in Georgia, Louisiana, Mississippi, Ne- part 305 of this chapter. vada, North Carolina, South Carolina, (b) Treatment of apples and pears from Tennessee, or any part of Illinois, Ken- Australia for fruit flies. (1) Apples from tucky, Missouri, or Virginia south of Australia (including Tasmania) may be the 38th parallel subject to the require- imported without treatment for the ments of § 319.56–3. following fruit flies if they are im- (2) During May 16 through November ported from an area in Australia that 30, inclusive, okra may be imported meets the requirements of § 319.56–5 for into areas of Alabama, Arkansas, Flor- pest freedom: Mediterranean fruit fly ida, Georgia, Louisiana, Mississippi, (Ceratitis capitata), the fruit Nevada, North Carolina, South Caro- fly (Bactrocera tryoni), Bactrocera lina, Tennessee, or any part of Illinois, aquilonis, and B. neohumeralis. Kentucky, Missouri, or Virginia south (2) Pears from Australia (including of the 38th parallel if treated for the Tasmania) may be imported without pink bollworm in accordance with an treatment for the following fruit flies approved treatment listed in part 305 of if they are imported from an area in this chapter. Australia that meets the requirements of § 319.56–5 for pest freedom: Medi- (c) Importations into areas north of the terranean fruit fly (Ceratitis capitata), 38th parallel. Okra may be imported the Queensland fruit fly (Dacus tryoni), into Alaska, Colorado, Connecticut, Bactrocera jarvisi, and B. neohumeralis. Delaware, Hawaii, Idaho, Indiana, (3) Apples and pears from Australia Iowa, Kansas, Maine, Maryland, Massa- that do not originate from an area that chusetts, Michigan, Minnesota, Mon- is free of fruit flies must be treated for tana, Nebraska, New Hampshire, New such pests in accordance with part 305 Jersey, New York, North Dakota, Ohio, of this chapter. If an authorized treat- Oregon, Pennsylvania, Rhode Island, ment does not exist for a specific fruit South Dakota, Utah, Vermont, Wash- fly, the importation of such apples and ington, West Virginia, Wisconsin, Wyo- pears is prohibited. ming, the District of Columbia, or the U.S. Virgin Islands, or any part of Illi- § 319.56–21 Okra from certain coun- nois, Kentucky, Missouri, or Virginia, tries. north of the 38th parallel, subject to Okra from Brazil, Colombia, Ecuador, the requirements of § 319.56–3. Guyana, Mexico, Peru, Suriname, Ven- (d) Importations into areas of California ezuela, and the West Indies may be im- that are not pink bollworm generally in- ported into the United States in ac- fested or suppressive areas. (1) During cordance with this section and all January 1 through March 15, inclusive, other applicable provisions of this sub- okra may be imported into California part. subject to the requirements of § 319.56– (a) Importations into pink bollworm 3. generally infested or suppressive areas in (2) During March 16 through Decem- the United States. Okra may be im- ber 31, inclusive, okra may be imported ported into areas defined in § 301.52–2a into California if it is treated for the as pink bollworm generally infested or pink bollworm in accordance with an suppressive areas, provided the okra is approved treatment listed in part 305 of imported in accordance with the re- this chapter.

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