and Plant Health Inspection Service, USDA Pt. 319

States, or the continental United 319.8–14 Mexican cotton and covers not oth- States.’’ erwise enterable. [24 FR 10777, Dec. 29, 1959, as amended at 66 MISCELLANEOUS PROVISIONS FR 21054, Apr. 27, 2001] 319.8–16 Importation into United States of cotton and covers exported therefrom. PART 319—FOREIGN QUARANTINE 319.8–17 Importation for exportation, and importation for transportation and ex- NOTICES portation; storage. 319.8–18 Samples. Subpart—Preemption 319.8–19–20 [Reserved] 319.8–21 Release of cotton and covers after 319.1 Preemption of State and local laws. 18 months’ storage. 319.8–22 Ports of entry or export. Subpart—Requests To Amend The 319.8–23 Treatment. Regulations 319.8–24 Collection and disposal of waste. 319.8–25 Costs and charges. 319.5 Requirements for submitting requests 319.8–26 Material refused entry. to change the regulations in 7 CFR part 319. Subpart—Sugarcane Subpart—Controlled Import Permits 319.15 Notice of quarantine. 319.15a Administrative instructions and in- 319.6 Controlled import permits. terpretation relating to entry into Guam of bagasse and related sugarcane prod- Subpart—Permits: Application, Issuance, ucts. Denial, and Revocation 319.7 Definitions. Subpart— Canker and Other Citrus 319.7–1 Applying for a permit. Diseases 319.7–2 Issuance of permits and labels. 319.19 Notice of quarantine. 319.7–3 Denial of permits. 319.7–4 Withdrawal, cancellation, and rev- Subpart—Corn Diseases ocation of permits. 319.7–5 Appeal of denial or revocation. QUARANTINE

Subpart—Foreign Cotton and Covers 319.24 Notice of quarantine. 319.24a Administrative instructions relating QUARANTINE to entry of corn into Guam. Sec. REGULATIONS GOVERNING ENTRY OF INDIAN 319.8 Notice of quarantine. CORN OR MAIZE 319.8a Administrative instructions relating 319.24–1 Applications for permits for impor- to the entry of cotton and covers into tation of corn. Guam. 319.24–2 [Reserved] REGULATIONS; GENERAL 319.24–3 Marking as condition of entry. 319.24–4 [Reserved] 319.8–1 Definitions. 319.24–5 Condition of entry.

CONDITIONS OF IMPORTATION AND ENTRY OF Subpart—Citrus COTTON AND COVERS 319.8–2 Permit procedure. 319.28 Notice of quarantine. 319.8–3 Refusal and cancellation of permits. 319.8–4 Notice of arrival. Subpart—Plants for Planting 319.8–5 Marking of containers. 319.37 Prohibitions and restrictions on im- 319.8–6 Cottonseed cake and cottonseed portation; disposal of articles refused im- meal. portation. 319.8–7 Processed lint, linters, and waste. 319.37–1 Definitions. 319.8–8 Lint, linters, and waste. 319.37–2 Prohibited articles. 319.8–9 Hull fiber and gin trash. 319.37–2a Taxa of regulated plants for plant- 319.8–10 Covers. ing whose importation is not authorized pending pest risk analysis. SPECIAL CONDITIONS FOR THE ENTRY OF 319.37–3 Permits. COTTON AND COVERS FROM MEXICO 319.37–4 Inspection, treatment, and 319.8–11 From approved areas of Mexico. phytosanitary certificates of inspection. 319.8–12 From the West Coast of Mexico. 319.37–5 Special foreign inspection and cer- 319.8–13 From Northwest Mexico. tification requirements.

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319.37–6 Specific treatment and other re- 319.55a Administrative instructions relating quirements. to entry of rice straw and rice hulls into 319.37–7 Postentry quarantine. Guam. 319.37–8 Growing media. 319.37–9 Approved packing material. RULES AND REGULATIONS 319.37–10 Marking and identity. 319.55–1 Definitions. 319.37–11 Arrival notification. 319.55–2 Application for permit. 319.37–12 Prohibited articles and articles 319.55–3 Ports of entry. whose importation is not authorized 319.55–4 [Reserved] pending pest risk analysis accompanying 319.55–5 Notice of arrival by permittee. restricted articles. 319.55–6 Inspection and disinfection at port 319.37–13 Treatment and costs and charges of arrival. for inspection and treatment; treatments 319.55–7 Importations by mail. applied outside the United States. 319.37–14 Ports of entry. Subpart— and Vegetables Subpart—Logs, Lumber, and Other Wood 319.56–1 Notice of quarantine. Articles 319.56–2 Definitions. 319.56–3 General requirements for all im- 319.40–1 Definitions. ported fruits and vegetables. 319.40–2 General prohibitions and restric- 319.56–4 Approval of certain fruits and vege- tions; relation to other regulations. tables for importation. 319.40–3 General permits; articles that may 319.56–5 Pest-free areas. be imported without a specific permit; 319.56–6 Trust fund agreements. articles that may be imported without 319.56–7 Territorial applicability and excep- either a specific permit or an importer tions. document. 319.56–8–319.56–9 [Reserved] 319.40–4 Application for a permit to import 319.56–10 Importation of fruits and vegeta- regulated articles; issuance and with- bles from Canada. drawal of permits. 319.56–11 Importation of dried, cured, or 319.40–5 Importation and entry require- processed fruits, vegetables, nuts, and ments for specified articles. legumes. 319.40–6 Universal importation options. 319.40–7 Treatments and safeguards. 319.56–12 Importation of frozen fruits and 319.40–8 Processing at facilities operating vegetables. under compliance agreements. 319.56–13 Additional requirements for cer- 319.40–9 Inspection and other requirements tain fruits and vegetables. at port of first arrival. 319.56–14–319.56–19 [Reserved] 319.40–10 Costs and charges. 319.56–20 Apples and pears from Australia 319.40–11 Plant pest risk assessment stand- (including Tasmania) and New Zealand. ards. 319.56–21 Okra from certain countries. 319.56–22 Apples and pears from certain Subpart—Indian Corn or Maize, countries in Europe. Broomcorn, and Related Plants 319.56–23 Apricots, nectarines, peaches, plumcot, and plums from Chile. QUARANTINE 319.56–24 Lettuce and peppers from Israel. 319.56–25 Papayas from Central America and 319.41 Notice of quarantine. South America. 319.41a Administrative instructions relating 319.56–26 Melon and watermelon from cer- to entry into Guam of broomcorn, tain countries in South America. brooms, and similar articles. 319.56–27 Apples from Japan and the Repub- 319.41b Administrative instructions pre- lic of Korea. scribing conditions for entry of 319.56–28 Tomatoes from certain countries. broomstraw without treatment. 319.56–29 Ya variety pears from China. RULES AND REGULATIONS 319.56–30 Hass avocados from Mexico. 319.56–31 Peppers from Spain. 319.41–1 Plant products permitted entry. 319.56–32 Peppers from New Zealand. 319.41–2 Application for permits. 319.56–33 Mangoes from the Philippines. 319.41–3 Issuance of permits. 319.56–34 from Spain. 319.41–4 Notice of arrival by permittee. 319.56–35 Persimmons from the Republic of 319.41–5 Condition of entry. Korea. 319.41–6 Importations by mail. 319.56–36 Watermelon, squash, cucumber, and oriental melon from the Republic of Subpart—Rice Korea. 319.56–37 Grapes from the Republic of Korea. QUARANTINE 319.56–38 Citrus from Chile. 319.55 Notice of quarantine. 319.56–39 Fragrant pears from China.

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319.56–40 Peppers from certain Central Subpart—Packing Materials American countries. 319.56–41 Citrus from Peru. QUARANTINE 319.56–42 Peppers from the Republic of 319.69 Notice of quarantine. Korea. 319.69a Administrative instructions and in- 319.56–43 Baby corn and baby carrots from terpretation relating to the entry into Zambia. Guam of plant materials specified in 319.56–44 Untreated , sweet or- § 319.69. anges, and from Mexico for processing. RULES AND REGULATIONS 319.56–45 Shelled garden peas from Kenya. 319.69–1 Definitions. 319.56–46 Mangoes from India. 319.69–2 Freedom from pests. 319.56–47 Certain fruits from Thailand. 319.69–3 Entry inspection. 319.56–48 Conditions governing the entry of 319.69–4 Disposition of materials found in baby squash and baby courgettes from violation. Zambia. 319.69–5 Types of soil authorized for pack- 319.56–49 from Israel. ing. 319.56–50 Hass avocados from Peru. 319.56–51 Shepherd’s purse with roots from Subpart—Coffee the Republic of Korea. 319.56–52 Tomatoes with stems from the Re- 319.73–1 Definitions. public of Korea. 319.73–2 Products prohibited importation. 319.56–53 Fresh kiwi and baby kiwi from 319.73–3 Conditions for transit movement of Chile. certain products through Puerto Rico or 319.56–54 French beans and runner beans Hawaii. from Kenya. 319.73–4 Costs. 319.56–55 Fresh pitaya from certain Central American countries. Subpart—Cut Flowers 319.56–56 Fresh pomegranates from Chile. 319.74–1 Definitions. 319.56–57 Sand pears from China. 319.74–2 Conditions governing the entry of 319.56–58 Bananas from the Philippines. cut flowers. 319.56–59 Fresh citrus fruit from Uruguay. 319.74–3 Importations by the Department. 319.56–60 Mangoes from Australia. 319.74–4 Costs and charges. 319.56–61 Litchi from Australia. 319.56–62 Fresh beans, shelled or in pods, Subpart—Khapra Beetle from Jordan. 319.56–63 Fresh apricots from continental 319.75 Restrictions on importation of regu- Spain. lated articles; disposal of articles refused 319.56–64 Avocados from continental Spain. importation. 319.56–65 Jackfruit, pineapple, and starfruit 319.75–1 Definitions. from Malaysia. 319.75–2 Regulated articles. 1 319.56–66 Potatoes from Mexico. 319.75–3 Importations for experimental or 319.56–67 Cape gooseberry from Colombia. similar purposes. 319.56–68 Female squash flowers from Israel. 319.75–4 Treatments. 319.56–69 Fresh blueberries from Morocco. 319.75–5 Marking and identity. 319.56–70 Fresh litchi and longan from Viet- 319.75–6 Arrival notification. nam. 319.75–7 Costs and charges. 319.56–71 Mangoes from Jamaica. 319.75–8 Ports of entry. 319.56–72 Apples from China. 319.75–9 Inspection and phytosanitary cer- 319.56–73 Peppers From Peru. tificate of inspection. 319.56–74 Peppers from Ecuador. 319.56–75 Andean blackberries and rasp- Subpart—Gypsy Host Material from berries from Ecuador. Canada 319.56–76 from northwest Argentina. 319.77–1 Definitions. 319.77–2 Regulated articles. Subpart—Wheat Diseases 319.77–3 Gypsy moth infested areas in Can- 319.59 Prohibitions on importation; disposal ada. of articles refused importation. 319.77–4 Conditions for the importation of 319.59–1 Definitions. regulated articles. 319.59–2 General import prohibitions; excep- 319.77–5 Disposition of regulated articles de- tions. nied entry. 319.59–3 Articles prohibited importation AUTHORITY: 7 U.S.C. 450 and 7701–7772 and pending risk evaluation. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 319.59–4 Karnal bunt. 2.80, and 371.3.

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SOURCE: 24 FR 10788, Dec. 29, 1959, unless ported must provide APHIS with the otherwise noted. information listed in paragraph (d) of this section before APHIS can proceed Subpart—Preemption with its consideration of the request; requests that are not supported with SOURCE: 75 FR 17292, Apr. 6, 2010, unless this information in a timely manner otherwise noted. will be considered incomplete and APHIS may not take further action on § 319.1 Preemption of State and local such requests until all required infor- laws. mation is submitted. (a) Under section 436 of the Plant (c) Addresses. The national plant pro- Protection Act (7 U.S.C. 7756), a State tection organization of the country or political subdivision of a State may from which commodities would be ex- not regulate in foreign commerce any ported must submit the information plant or plant product in order to con- trol, eradicate, or prevent the intro- listed in paragraph (d) of this section duction or dissemination of a biologi- to: Commodity Import Analysis and cal control organism, plant pest, or Operations, PPQ, APHIS, 4700 River noxious weed within the United States. Road Unit 140, Riverdale, MD 20737. (b) Therefore, in accordance with sec- (d) Information. The following infor- tion 436 of the Plant Protection Act, mation must be provided to APHIS in the regulations in this part preempt all order for APHIS to consider a request State and local laws that are incon- to change the regulations in part 319: sistent with or exceed the regulations (1) Information about the party submit- in this part. ting the request. The address, telephone and fax numbers, and e-mail addresses Subpart—Requests To Amend The of the national plant protection organi- Regulations zation of the country from which com- modities would be exported; or, for re- § 319.5 Requirements for submitting quests that address a multi-country re- requests to change the regulations gion, the address, telephone and fax in 7 CFR part 319. numbers, and e-mail addresses of the (a) Definitions. exporting countries’ national and re- Commodity. A plant, plant product, or gional plant protection plant protec- other agricultural product being moved tion organizations. for trade or other purpose. (2) Information about the commodity (b) Procedures for submitting requests proposed for importation into the United and supporting information. Persons who States. (i) A description and/or map of request changes to the import regula- the specific location(s) of the areas in tions contained in this part and who the exporting country where the wish to import plants, plant parts, or plants, plant parts, or plant products plant products that are not allowed im- are produced; portation under the conditions of this (ii) The scientific name (including part must file a request with the Ani- , species, and author names), syn- mal and Plant Health Inspection Serv- onyms, and taxonomic classification of ice (APHIS) in order for APHIS to con- the commodity; sider whether the new commodity can be safely imported into the United (iii) Identification of the particular States. The initial request can be for- plant or plant part (i.e., fruit, leaf, mal (e.g., a letter) or informal (e.g., root, entire plant, etc.) and any associ- made during a bilateral discussion be- ated plant part proposed for importa- tween the United States and another tion into the United States; country), and can be made by any per- (iv) The proposed end use of the im- son. Upon APHIS confirmation that ported commodity (e.g., propagation, granting a person’s request would re- consumption, milling, decorative, proc- quire amendments to the regulations essing, etc.); and in this part, the national plant protec- (v) The months of the year when the tion organization of the country from commodity would be produced, har- which the commodity would be ex- vested, and exported.

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(3) Shipping information: (i) Detailed available to APHIS from other sources, information as to the projected quan- a request may be considered incom- tity and weight/Volume of the proposed plete and APHIS may be unable to take importation, broken down according to further action on the request until the varieties, where applicable, and; necessary additional information is (ii) Method of shipping in inter- submitted. The additional information national commerce and under what may include one or more of the fol- conditions, including type of convey- lowing types of information: ance, and type, size, and capacity of (1) Contact information: Address, packing boxes and/or shipping con- phone and fax numbers, and/or e-mail tainers. address for local experts (e.g., academi- (4) Description of pests and diseases as- cians, researchers, extension agents) sociated with the commodity 1 (i) Sci- most familiar with crop production, en- entific name (including genus, species, tomology, plant pathology, and other and author names) and taxonomic clas- relevant characteristics of the com- sification of , fungi, bac- modity proposed for importation. teria, nematodes, virus, viroids, mol- (2) Additional information about the lusks, phytoplasmas, spiroplasmas, commodity: (i) Common name(s) in etc., attacking the crop; English and the language(s) of the ex- (ii) Plant part attacked by each pest, porting country; pest life stages associated with each (ii) Cultivar, variety, or group de- plant part attacked, and location of scription of the commodity; pest (in, on, or with commodity); and (iii) Stage of maturity at which the (iii) References. crop is harvested and the method of (5) Current strategies for risk mitigation harvest; or management. (i) Overview of agro- (iv) Indication of whether the crop is nomic or horticultural management grown from certified seed or nursery practices used in production of the stock, if applicable; commodity, including methods of pest (v) If grown from certified seed or risk mitigation or control programs; stock, indication of the origin of the and stock or seed (country, State); and (ii) Identification of parties respon- (vi) Color photographs of plant, plant sible for pest management and control. part, or plant product itself. (e) Additional information. None of the (3) Information about the area where additional information listed in this the commodity is grown: (i) Unique char- paragraph need be provided at the same acteristics of the production area in time as information required under terms of pests or diseases; paragraphs (a) through (d) of this sec- (ii) Maps of the production regions, tion; it is required only upon request pest-free areas, etc.; by APHIS. If APHIS determines that (iii) Length of time the commodity additional information is required in has been grown in the production area; order to complete a pest risk analysis (iv) Status of growth of production in accordance with international area (i.e., acreage expanding or stable); standards for pest risk analysis, we and will notify the party submitting the re- (v) Physical and climatological de- quest in writing what specific addi- scription of the growing area. tional information is required. If this (4) Information about post-harvest tran- information is not provided, and is not sit and processing: (i) Complete descrip- tion of the post-harvest processing 1 When a change is being sought to the con- methods used; and ditions governing the importation of a com- (ii) Description of the movement of modity that is already authorized for impor- the commodity from the field to proc- tation into the United States, an update to essing to exporting port (e.g., method or confirmation of previously submitted pest of conveyance, shipping containers, and disease information, rather than a new, transit routes, especially through dif- complete submission of that information, may be appropriate. Persons seeking such a ferent pest risk areas). change may contact APHIS for a determina- (5) Shipping methods: (i) Photographs tion as to whether an update will be appro- of the boxes and containers used to priate in a particular case. transport the commodity; and

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(ii) Identification of port(s) of export Subpart—Controlled Import and import and expected months (sea- Permits sons) of shipment, including inter- mediate ports-of-call and time at inter- SOURCE: 78 FR 25568, May 2, 2013, unless mediate ports-of-call, if applicable. otherwise noted. (6) Additional description of all pests and diseases associated with the com- § 319.6 Controlled import permits. modity to be imported: (i) Common (a) Definitions. name(s) of the pest in English and local Administrator. The Administrator of language(s); the Animal and Plant Health Inspec- (ii) Geographic distribution of the tion Service, United States Depart- pest in the country, if it is a quar- ment of Agriculture, or any employee antine pest and it follows the pathway; of the United States Department of Ag- (iii) Period of attack (e.g., attacks riculture delegated to act in his or her young fruit beginning immediately stead. after blooming) and records of pest in- Developmental purposes. The evalua- cidence (e.g., percentage of infested tion, monitoring, or verification of plants or infested fruit) over time (e.g., plant material for plant health risks during the different phenological and/or the adaptability of the material stages of the crops and/or times of the for certain uses or environments. year); Experimental purposes. Scientific test- (iv) Economic losses associated with ing which utilizes collected data and pests of concern in the country; employs analytical processes under (v) Pest biology or disease etiology or controlled conditions to create quali- epidemiology; and tative or quantitative results. (vi) Photocopies of literature cited in Therapeutic purposes. The application support of the information above. of specific scientific processes designed to eliminate, isolate, or remove poten- (7) Current strategies for risk mitigation tial plant pests or diseases. or management: (i) Description of pre- (b) Purpose and scope. The regulations harvest pest management practices (in- in this part prohibit or restrict the im- cluding target pests, treatments [e.g., portation into the United States of cer- pesticides], or other control methods) tain plants, plant products, and other as well as evidence of efficacy of pest articles to prevent the introduction management treatments and other and dissemination of plant pests and control methods; noxious weeds within and throughout (ii) Efficacy of post-harvest proc- the United States. The regulations in essing treatments in pest control; this subpart provide a process under (iii) Culling percentage and efficacy which a controlled import permit (CIP) of culling in removing pests from the may be issued to authorize the impor- commodity; and tation, for experimental, therapeutic, (iv) Description of quality assurance or developmental purposes, of an arti- activities, efficacy, and efficiency of cle whose importation is prohibited monitoring implementation. under this part. A CIP may also be (8) Existing documentation: Relevant issued to authorize, for those same pur- pest risk analyses, environmental as- poses, the importation of an article sessment(s), biological assessment(s), under conditions that differ from those and economic information and anal- prescribed in the relevant regulations yses. in this part. (f) Availability of additional guidance. (c) Application process. Applications Information related to the processing for a CIP are available without charge of requests to change the import regu- from the Animal and Plant Health In- lations contained in this part may be spection Service (APHIS), Plant Pro- found on the APHIS Web site at http:// tection and Quarantine (PPQ), Permit www.aphis.usda.gov/ppq/pra/. Unit, 4700 River Road Unit 136, River- dale, MD 20737–1236, or from local PPQ (Approved by the Office of Management and offices. Applications may be submitted Budget under control number 0579–0261) by mail, by fax, or electronically and [71 FR 30567, May 30, 2006] must be submitted at least 60 days

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prior to arrival of the article at the Plant materials may be refused entry if port of entry. Mailed applications must they are difficult or hazardous to in- be submitted to the address above, spect because of the presence of such faxed applications may be submitted to treatments. Plant materials must not 301–734–4300, and electronic applica- be wrapped or otherwise packaged in a tions may be submitted through the manner that impedes or prevents ade- ePermits Web site at https:// quate inspection or treatment. epermits.aphis.usda.gov/epermits. (4) The plant material must be moved (1) The completed application for a in an enclosed container or one com- CIP must provide the following infor- pletely enclosed by a covering ade- mation: quate to prevent the possible escape or (i) Name, address in the United introduction of plant pests during ship- States, and contact information of the ment. Any packing material used in applicant; the consignment of the plant material (ii) Identity (common and botanical must meet the requirements of § 319.37– [genus and species] names) of the plant 9, and wood packing material used in material to be imported, quantity of the consignment must meet the re- importation, country of origin, and quirements of § 319.40–3(b) and (c). country shipped from; (5) Consignments may be shipped as (iii) Intended experimental, thera- cargo, by mail or air freight, or hand- peutic, or developmental purpose for carried, as specified in the conditions the importation; and of the CIP. (iv) Intended ports of export and (6) The plant material must be of- entry, means of conveyance, and esti- fered for importation at the port of mated date of arrival. entry or plant inspection station as (2) APHIS may issue a CIP if the Ad- specified in the conditions of the CIP. ministrator determines that the plant (7) A copy of the CIP must accom- pest risks associated with the plant pany each consignment, and all con- material and its intended experi- signments must be labeled in accord- mental, therapeutic, or developmental ance with instructions in the CIP. use can be effectively mitigated. The (8) Each consignment must be accom- CIP will contain the applicable condi- panied by an invoice or packing list in- tions for importation and subsequent dicating its contents. handling of the plant material if it is (e) Post-importation conditions. (1) At deemed eligible to be imported into the the approved facility where the plant United States, including the specifica- material will be maintained following tions for the facility where the plant its importation, plant material im- will be held. The plant material may be ported under a CIP must be identified imported only if all applicable require- and labeled as quarantined material to ments are met. be used only in accordance with a valid (d) Shipping conditions. Consignments CIP. of plant material to be offered for im- (2) Plant material must be stored in portation under a CIP must meet the a secure place or in the manner indi- following requirements, unless other- cated in the CIP and be under the su- wise specified under the conditions of pervision and control of the permit the CIP: holder. During regular business hours, (1) The plant material must be se- properly identified officials, either lected from apparently disease-free and Federal or State, must be allowed to pest-free sources. inspect the plant material and the fa- (2) The plant material must be free of cilities in which the plant material is soil, other foreign matter or debris, maintained. other prohibited plants, noxious weed (3) The permit holder must keep the seeds, and living organisms such as permit valid for the duration of the au- parasitic plants, pathogens, , thorized experimental, therapeutic, or snails, and mites. developmental purpose. The PPQ Per- (3) Fungicides, insecticides, and other mit Unit must be informed of a change treatments such as coatings, dips, or in contact information for the permit sprayings must not be applied before holder within 10 business days of such shipment, unless otherwise specified. change.

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(4) Plant material imported under a been revoked may appeal the denial or CIP must not be moved or distributed revocation in accordance with § 319.7–5. to another person without prior au- (Approved by the Office of Management and thorization from the PPQ Permit Unit. Budget under control number 0579–0384) (5) Should the permit holder leave the institution in which the plant ma- [78 FR 25568, May 2, 2013, as amended at 79 terial imported under a CIP is kept, FR 19807, Apr. 10, 2014; 81 FR 40150, June 21, 2016] the plant material must be destroyed unless, prior to the departure of the original permit holder, another person Subpart—Permits: Application, assumes responsibility for the contin- Issuance, Denial, and Revocation ued maintenance of the plant material and such person obtains a new CIP for SOURCE: 78 FR 19807, Apr. 10, 2014, unless the plant material. Should the permit otherwise noted. holder be otherwise unavailable to maintain the plant material for which § 319.7 Definitions. the CIP was issued, the plant material The following definitions apply to must be destroyed unless another per- this subpart: son assumes responsibility for the con- Administrative instructions. Published tinued maintenance of the plant mate- documents related to the enforcement rial and such person obtains a new CIP of this part and issued under authority for the plant material. Permission to of the Plant Protection Act, as amend- move or distribute plant material that ed (7 U.S.C. 7701 et seq.), by the Admin- was authorized for importation under a istrator. CIP to another person must be ob- Administrator. The Administrator of tained by contacting the PPQ Permit the Animal and Plant Health Inspec- Unit. tion Service or any employee of the (6) CIPs issued by APHIS are valid United States Department of Agri- for a period of 1 year. The permittee culture delegated to act in his or her may request the existing permit be re- stead. newed for up to an additional 2 years Animal and Plant Health Inspection prior to the expiration of the CIP and Service (APHIS). The Animal and Plant if no adverse indications exist from the Health Inspection Service of the United previous year. States Department of Agriculture. (f) Failure to comply with all of the Applicant. A person at least 18 years conditions specified in the CIP or any of age who, on behalf of him- or herself applicable regulations or administra- or another person, submits an applica- tive instructions, or forging, counter- tion for a permit to import into the feiting, or defacing permits or shipping United States or move interstate a reg- labels, may result in immediate rev- ulated article in accordance with this ocation of the permit, denial of future part. permits, and civil or criminal penalties Approved. Approved by the Adminis- for the permit holder. trator of the Animal and Plant Health (g) Denial, withdrawal, cancellation, or Inspection Service. revocation of permit. The Administrator Article. Any material or tangible ob- may deny a permit application in ac- jects that could harbor or be a vector cordance with § 319.7–3, and a permit of plant pests or noxious weeds. may be withdrawn, canceled, or re- Consignment. A quantity of plants, voked in accordance with § 319.7–4. plant products, and/or other articles (1) Action upon cancellation or revoca- being moved from one country to an- tion of permit. Upon cancellation or rev- other authorized when required, by a ocation of a permit, the permittee single permit. A consignment may be must surrender, destroy, or remove all composed of one or more commodities regulated plant material covered by or lots. the permit in accordance with § 319.7– Country of origin. The country where 4(e). the plants, or plants from which the (2) Appeal of denial or revocation. Any plant products are derived, were grown person whose application for a permit or where the non-plant articles were has been denied or whose permit has produced.

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Enter, entry. To move into, or the act Plant. Any plant (including any plant of movement into, the commerce of the part) for or capable of propagation, in- United States. cluding a tree, a tissue culture, a Import, importation. To move into, or plantlet culture, pollen, a shrub, a the act of movement into, the terri- vine, a cutting, a graft, a scion, a bud, torial limits of the United States. a bulb, a root, and a seed. Inspector. Any individual authorized Plant pest. Any living stage of any of by the Administrator of the Animal the following that can directly or indi- and Plant Health Inspection Service or rectly injure, cause damage to, or the Commissioner of the Bureau of cause disease in any plant or plant Customs and Border Protection, De- product: A protozoan; a nonhuman ani- partment of Homeland Security, to en- mal; a parasitic plant; a bacterium; a force the regulations in this part. fungus; a virus or viroid; an infectious Intended use. The purpose for the im- agent or other pathogen; or any article portation of the regulated article, in- similar to or allied with any of the cluding, but not limited to, consump- foregoing enumerated articles. tion, propagation, or research pur- Plant product. Any flower, fruit, vege- poses. table, root, bulb, seed, or other plant Lot. All the regulated articles on a part that is not included in the defini- single means of conveyance that are tion of plant, or any manufactured or derived from the same species of plant processed plant or plant part. or are the same type of non-plant arti- Port of entry. A port at which a speci- cle, were subjected to the same treat- fied shipment or means of conveyance ments prior to importation, and are is accepted for entry or admitted with- consigned to the same person. out entry into the United States for Means of conveyance. Any personal transit purposes. property used for or intended for use for the movement of any other per- Port of first arrival. The area (such as sonal property. a seaport, airport, or land border) Move. To carry, enter, import, mail, where a person or means of conveyance ship, or transport; to aid, abet, cause, first arrives in the United States, and or induce the carrying, entering, im- where inspection of regulated articles porting, mailing, shipping, or trans- may be carried out by inspectors. porting; to offer to carry, enter, im- PPQ. The Plant Protection and Quar- port, mail, ship, or transport; to re- antine Program, Animal and Plant ceive to carry, enter, import, mail, Health Inspection Service of the United ship, or transport; to release into the States Department of Agriculture, del- environment; or to allow any of the ac- egated responsibility for enforcing pro- tivities described in this definition. visions of the Plant Protection Act and Oral authorization. Verbal permission related legislation, quarantines and to import that may be granted by an regulations. inspector at the port of entry. Regulated article. Any material or Permit. A written authorization, in- tangible object regulated by this part cluding by electronic methods, to move for entry into the United States or plants, plant products, biological con- interstate movement. trol organisms, plant pests, noxious Soil. The unconsolidated material weeds, or articles under conditions pre- from the earth’s surface that consists scribed by the Administrator. of rock and mineral particles mixed Permittee. The person who, on behalf with organic material and that sup- of self or another person, is legally the ports or is capable of supporting biotic importer of an article, meets the re- communities. quirements of § 319.7–2(f), and is respon- State. Any of the several States of the sible for compliance with the condi- United States, the Commonwealth of tions for the importation that is the the Northern Mariana Islands, the subject of a permit issued in accord- Commonwealth of Puerto Rico, the ance with this part. District of Columbia, Guam, the Virgin Person. Any individual, partnership, Islands of the United States, or any corporation, association, joint venture, other territory or possession of the or other legal entity. United States.

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Treatment. A procedure approved by lowing importation, including the loca- the Administrator for neutralizing in- tion where any processing or treatment festations or infections of plant pests was or will be performed and the names or diseases, such as fumigation, appli- and dosage of any chemical employed cation of chemicals or dry or moist in treatments of the regulated article. heat, or processing, utilization, or stor- (d) The application for a permit may age. also require the following information: United States. All of the States. (1) Means of conveyance; (2) Quantity of the regulated article; § 319.7–1 Applying for a permit. (3) Estimated date of arrival; (a) Persons who wish to import regu- (4) Name, address, and contact infor- lated articles into the United States mation of any broker or subsequent must apply for a permit, unless the custodian of the regulated article; regulated articles are not subject to a (5) Exporting country from which the requirement under this part that a per- article is to be moved, when not the mit be issued prior to a consignment’s country of origin; and arrival. An applicant for a permit to (6) Any other information determined import regulated articles into the to be necessary by APHIS to inform United States in accordance with this the decision to issue the permit. part must be: (e) Application for a permit to im- (1) Capable of acting in the capacity port regulated articles into the United of the permittee in accordance with States must be submitted at least 30 § 319.7–2(e), or must designate a per- days prior to arrival of the article at mittee who is so capable should the the port of entry. permit be issued; (1) If, through no fault of the im- (2) Applying for a permit on behalf of porter, a consignment of regulated ar- self or on behalf of another person as ticles subject to a requirement under permittee; and this part that a permit be issued prior (3) At least 18 years of age. to a consignment’s arrival arrives at a (b) Permit applications must be sub- U.S. port before a permit is received, mitted by the applicant in writing or the consignment may be held, under electronically through one of the suitable safeguards prescribed by the means listed at http:// inspector, in custody at the risk and www.aphis.usda.gov/plantlhealth/per- expense of the importer pending mits/index.shtml in advance of the ac- issuance of a permit or authorization tion(s) proposed on the permit applica- from APHIS. tion. (2) An oral authorization may be (c) The application for a permit must granted by an inspector at the port of contain the following information: entry for a consignment, provided that: (1) Legal name, address, and contact (i) All applicable entry requirements information of the applicant, and affir- are met; mation by the applicant that the appli- (ii) Proof of application for a written cant is at least 18 years of age; permit is provided to the inspector; and (2) The same information of the per- (iii) PPQ verifies that the application mittee if different from the applicant, for a written permit has been received and, if the permittee is an individual, and that PPQ intends to issue the per- affirmation by the permittee that the mit. permittee is at least 18 years of age; (3) Specific type of regulated article § 319.7–2 Issuance of permits and la- (common and scientific names, if appli- bels. cable); (a) Upon receipt of an application, (4) Country of origin; APHIS will issue a permit if, after re- (5) Intended use of the regulated arti- view of the application, APHIS deter- cle; mines that the regulated articles are (6) Intended port(s) of first arrival; eligible to be imported into the United and States under any applicable conditions. (7) A description of any processing, The permit will specify the applicable treatment, or handling of the regulated conditions of entry and the port of article to be performed prior to or fol- entry, and a copy will be provided to

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the permittee. The permit will only be mit conditions when APHIS requests valid for the time period indicated on such acknowledgment; the permit. (6) Serve as the primary contact for (b) The applicant for a permit for the communication with APHIS regarding importation of regulated articles into the permit; and the United States must designate the (7) Maintain all conditions of the per- person who will be named as the per- mit for the entirety of its prescribed mittee upon the permit’s issuance. The duration. applicant and the permittee may be the (g) The regulated article may be im- same person or different persons. ported only if all applicable require- (c) The act, omission, or failure of ments of the permit issued for the im- the permittee as an officer, agent, or portation of the regulated article or any other documents or instructions person acting for or employed by any issued by APHIS are met and complied other person within the scope of his or with as determined by APHIS. her employment or office will be (h) In accordance with the regula- deemed also to be the act, omission, or tions in this part, labels may be issued failure of the other person. to the permittee for the importation of (d) Failure to comply with all of the regulated articles. Such labels may conditions specified in the permit or contain information about the ship- any applicable regulations or adminis- ment’s nature, origin, movement con- trative instructions, or forging, coun- ditions, or other matters relevant to terfeiting, or defacing permits or ship- the permit and will indicate that the ping labels, may result in immediate importation is authorized under the revocation of the permit, denial of any conditions specified in the permit. future permits, and civil or criminal (1) If issued, the quantity of labels penalties for the permittee. will be sufficient for the permittee to (e) The permittee will remain respon- attach one to each parcel. Labels must sible for the consignment regardless of be affixed to the outer packaging of the any delegation to a subsequent custo- parcel. dian of the importation. (2) Importations without such re- (f) A permittee must: quired labels will be refused entry into (1) If an individual, be at least 18 the United States, unless a label is not years of age and have and maintain an required and not issued for the impor- address in the United States that is tation. specified on the permit and be phys- (i) Even if a permit has been issued ically present during normal business for the importation of a regulated arti- hours at that address during any peri- cle, the regulated article may be im- ods when articles are being imported or ported only if an inspector at the port moved interstate under the permit; or of entry determines that no remedial (2) If another legal entity, maintain measures pursuant to the Plant Pro- an address or business office in the tection Act are necessary to mitigate United States with a designated indi- or address any plant pest or noxious vidual for service of process; and weed risks. 1 (3) Serve as the contact for the pur- (j) A permit application may be with- pose of communications associated drawn at the request of the applicant with the movement of the regulated ar- prior to the issuance of the permit. ticle for the duration of the permit. (k) A permit may be canceled after The PPQ Permit Unit must be in- issuance at the request of the per- formed of a change in contact informa- mittee. tion for the permittee within 10 busi- (l) A permit may be amended if ness days of such change; APHIS finds that the permit is incom- plete or contains factual errors. (4) Ensure compliance with the appli- cable regulatory requirements and per- mit conditions associated with the 1 An inspector may hold, seize, quarantine, movement of the regulated article for treat, apply other remedial measures to, de- stroy, or otherwise dispose of plants, plant the duration of the permit; pests, and other articles in accordance with (5) Provide written or electronic ac- sections 414, 421, and 434 of the Plant Protec- knowledgment and acceptance of per- tion Act (7 U.S.C. 7714, 7731, and 7754).

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(m) In accordance with Section 7734 (vi) APHIS determines that the appli- of the Plant Protection Act, as amend- cant has made false or fraudulent ed (7 U.S.C. 7701 et seq.), the actions, statements or provided false or fraudu- omissions, or failures of any agent of lent records to APHIS; or the permittee may be deemed the ac- (vii) The applicant has been con- tions, omissions, or failures of a per- victed or has pled nolo contendere to mittee as well; and that failure to com- any crime involving fraud, bribery, ex- ply with all of the conditions specified tortion, or any other crime involving a in the permit or any applicable regula- lack of integrity. tions or administrative instructions, or (2) If the application for a permit forging, counterfeiting, or defacing contains information that is found to permits or shipping labels, may result be materially false, fraudulent, decep- in immediate revocation of the permit, tive, or misrepresentative; denial of any future permits, and civil (3) If APHIS concludes that the ac- or criminal penalties for the permittee. tions proposed under the permit would present an unacceptable risk to plants § 319.7–3 Denial of permits. and plant products because of the po- (a) APHIS may deny an application tential for introduction or dissemina- for a permit to import a regulated arti- tion of a plant pest or noxious weed cle into the United States. A denial, in- within the United States; cluding the reason for the denial, will (4) If the importation is adverse to be provided in writing, including by the conduct of an eradication, suppres- electronic methods, to the applicant as sion, control, or phytosanitary pro- promptly as circumstances permit. The gram of APHIS or a program recog- denial of a permit may be appealed in nized by APHIS; accordance with § 319.7–5. (5) If the importation is not in com- pliance with any applicable import reg- (b) APHIS may deny an application ulations or any administrative instruc- for a permit to import a regulated arti- tions or measures, including, but not cle: limited to, all the requirements of this (1) If APHIS determines that the ap- part; or plicant is not likely to abide by permit (6) If a State executive official, or a conditions. Factors that may lead to State plant protection official author- such a determination include, but are ized to do so, objects to the movement not limited to, the following: in writing and provides specific, de- (i) The applicant, or a partnership, tailed information that there is a risk firm, corporation, or other legal entity the movement will result in the dis- in which the applicant has a substan- semination of a plant pest or noxious tial interest, financial or otherwise, weed into the State, and APHIS deter- has not complied with any permit that mines that such plant pest risk cannot was previously issued by APHIS; be adequately addressed or mitigated. (ii) APHIS determines that issuing the permit would circumvent any order § 319.7–4 Withdrawal, cancellation, and revoking or denying a permit under the revocation of permits. Plant Protection Act; (a) Withdrawal of an application. If the (iii) APHIS determines that the ap- applicant wishes to withdraw a permit plicant has previously failed to comply application before issuance of a permit, with any APHIS regulation; he or she must provide the request in (iv) APHIS determines that the appli- writing to APHIS. APHIS will provide cant has previously failed to comply written notification to the applicant as with any Federal, State, or local law, promptly as circumstances allow re- regulation, or instruction concerning garding reception of the request and the importation of prohibited or re- withdrawal of the application. stricted foreign agricultural products; (b) Cancellation of permit by permittee. (v) APHIS determines that the appli- If a permittee wishes to cancel a per- cant has failed to comply with the laws mit after its issuance, he or she must or regulations of a national plant pro- provide the request in writing to tection organization or equivalent APHIS. APHIS will provide written no- body, as these pertain to plant health; tification to the applicant as promptly

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as circumstances allow regarding re- (b) Any person whose application for ception of the request and cancellation a permit has been denied or whose per- of the permit. mit has been revoked may appeal the (c) Revocation of permit by APHIS. decision in writing to APHIS within 10 APHIS may revoke any outstanding business days from the date the com- permit to import regulated articles munication of notification of the de- into the United States. A revocation, nial or revocation of the permit was re- including the reason for the revoca- ceived. The appeal must state all facts tion, will be provided in writing, in- and reasons upon which the person is cluding by electronic methods, to the relying to show that the denial or rev- permittee as promptly as cir- ocation was incorrect. cumstances permit. The revocation of a (c) APHIS will grant or deny the ap- permit may be appealed in accordance peal in writing and will state in writ- with § 319.7–5. ing the reason for the decision. The de- (d) APHIS may revoke a permit to nial or revocation will remain in effect import a regulated article if: during the resolution of the appeal. (1) Information is received subse- quent to the issuance of the permit of circumstances that APHIS determines Subpart—Foreign Cotton and would constitute cause for the denial of Covers an application under § 319.7–3; or (2) APHIS determines that the per- QUARANTINE mittee has failed to maintain the safe- § 319.8 Notice of quarantine. guards or otherwise observe the condi- tions specified in the permit or in any Pursuant to sections 411–414 and 434 applicable regulations or administra- of the Plant Protection Act (7 U.S.C. tive instructions, including, but not 7711–7714 and 7754), the Administrator limited to, all of the requirements of of the Animal and Plant Health Inspec- this part. tion Service has determined that the (e) Upon revocation of a permit, the unrestricted importation into the permittee must, without cost to the United States from all foreign coun- Federal Government and in the manner tries and localities of any parts or and method APHIS considers appro- products of plants of the genus priate, either: Gossypium, including seed cotton; cot- (1) Surrender all regulated articles tonseed; cotton lint, linters, and other covered by the revoked permit and any forms of cotton fiber (not including other affected plant material to an in- yarn, thread, and cloth); cottonseed spector; hulls, cake, meal, and other cottonseed (2) Destroy, under the supervision of products, except oil; cotton waste, in- an inspector, all regulated articles cov- cluding gin waste and thread waste; ered by the revoked permit and any any other unmanufactured parts of cot- other affected plant material; or ton plants; second-hand burlap and (3) Remove all regulated articles cov- other fabrics, shredded or otherwise, ered by the revoked permit and any that have been used or are of the kinds other affected plant material from the ordinarily used, for containing cotton, United States. grains (including grain products), field [78 FR 19807, Apr. 10, 2014, as amended at 81 seeds, agricultural roots, rhizomes, tu- FR 5888, Feb. 4, 2016] bers, or other underground crops, may result in the entry into the United § 319.7–5 Appeal of denial or revoca- States of the pink bollworm tion. (Pectinophora gossypiella (Saund.)), the (a) All denials of an application for a golden nematode of potatoes permit, or revocations of an existing (Heterodera rostochiensis Wr.), the flag permit, will be provided in writing, in- smut disease (Urocystis tritici Koern.), cluding by electronic methods, as and other injurious plant diseases and promptly as circumstances permit and pests. Accordingly, to prevent will include the reasons for the denial the introduction into the United States or revocation. of plant pests, the importation of those

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articles into the United States is pro- conditions comparable to those under hibited unless they are imported in ac- which like cotton and cotton products cordance with the regulations in this are produced and handled in the gen- subpart or their importation has been erally infested pink bollworm regu- authorized for experimental, thera- lated area in the United States. peutic, or developmental purposes by a Approved fumigation facilities. Ap- controlled import permit issued in ac- proved vacuum fumigation plant at a cordance with § 319.6. port where an inspector is available to [78 FR 25569, May 2, 2013] supervise the fumigation. Approved mill or plant. A mill or plant § 319.8a Administrative instructions operating under a signed agreement relating to the entry of cotton and with the Plant Protection and Quar- covers into Guam. antine Programs required for approval The plants and products specified in of a mill or plant as specified in § 319.8– § 319.8(a) may be imported into Guam 8(a)(2). without further permit, other than the Authorized. Authorized by the Admin- authorization contained in this para- istrator. graph. Sections 319.8–2 and 319.8–3 shall Compressed. Compressed or pressed not be applicable to such importations. and baled or packaged to a density In addition, such importations need greater than approximately 20 pounds not comply with the requirements of and less than approximately 28 pounds § 319.8–4 relating to notice of arrival in- per cubic foot. asmuch as there is available to the in- Compressed to high density. Com- spector the essential information nor- pressed or pressed and baled or pack- mally supplied by the importer at the aged to a density of approximately 28 time of importation. Sections 319.8–5 or more pounds per cubic foot. through 319.8–27 shall not be applicable Contamination (contaminate). Con- to importations into Guam. Inspection taining or bearing whole cottonseed or of such importations may be made seed cotton or other material which under the general authority of may carry the pink bollworm, the gold- § 330.105(a) of this chapter. If an impor- en nematode of potatoes, the flag smut tation is found infected, infested, or disease, or other injurious plant dis- contaminated with any plant pest and eases or insect pests. (The verb con- is not subject to disposal under this taminate shall be construed accord- part, disposition may be made in ac- ingly.) cordance with § 330.106 of this chapter. Cotton. Parts and products of plants REGULATIONS; GENERAL of the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters § 319.8–1 Definitions. and other forms of cotton fiber, not in- For the purposes of the regulations cluding yarn, thread and cloth; cotton- in this subpart, the following words seed hulls, cake, meal, and other cot- shall be construed, respectively, to tonseed products, except oil; waste; and mean: all other unmanufactured parts of cot- Administrator. The Administrator of ton plants. the Animal and Plant Health Inspec- Cottonseed. Cottonseed from which tion Service, United States Depart- the lint has been removed. ment of Agriculture, or any employee Covers. Second-hand burlap and other of the United States Department of Ag- fabrics, shredded or otherwise, includ- riculture delegated to act in his or her ing any whole bag, any bag that has stead. been slit open, and any part of a bag, Approved. Approved by the Adminis- which have been used, or are of the trator. kinds ordinarily used, for containing Approved areas of Mexico. Any areas cotton, grains (including grain prod- of Mexico, other than Northwest Mex- ucts), field seeds, agricultural roots, ico and the west coast of Mexico, which rhizomes, tubers, or other underground are designated by the Administrator as crops. Burlap and other fabrics, when areas in which cotton and cotton prod- new or unused are excluded from this ucts are produced and handled under definition.

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Gin trash. All of the material pro- ignated as generally infested in the duced during the cleaning and ginning said Administrative Instructions. of seed cotton, bollies or snapped cot- Plant Protection and Quarantine Pro- ton except the lint, cottonseed, and gin grams. The Plant Protection and Quar- waste. antine Programs, Animal and Plant Inspector. A properly identified em- Health Inspection Service, of the ployee of the U.S. Department of Agri- United States Department of Agri- culture or other person authorized to culture. enforce the provisions of the Plant Pro- Root crop. The underground crop por- tection Act. tions of any plants. Lint. All forms of raw ginned cotton, Samples. Samples of lint, linters, either baled or unbaled, except linters waste, cottonseed cake, and cottonseed and waste. meal, of the amount and character usu- Linters. All forms of cotton fiber sep- ally required for trade purposes. arated from cottonseed after the lint Seed cotton. Cotton as it comes from has been removed, excluding so-called the field. hull fiber. Treatment. Procedures administra- North, northern. When used to des- tively approved by the Administrator ignate ports of arrival, these terms for destroying infestations or infec- mean the port of Norfolk, VA, and all tions of insect pests or plant diseases, Atlantic Coast ports north thereof, ports along the Canadian border, and such as fumigation, application of Pacific Coast ports in the States of chemicals or dry or moist heat, or Washington and Oregon. When used in processing, utilization, or storage. a geographic sense to designate areas Uncompressed. Baled or packaged to a or locations, these terms mean any density not exceeding approximately 20 State in which cotton is not grown pounds per cubic foot. commercially. However, when cotton is United States. Any of the States, the grown commercially in certain por- District of Columbia, Guam, Puerto tions of a State, as is the case in Illi- Rico, or the Virgin Islands of the nois, Kansas, and Missouri, these terms United States. include those portions of such State as Utilization. Processing or manufac- may be determined by the Adminis- ture, in lieu of fumigation at time of trator as remote from the main area of entry, at a mill or plant authorized by cotton production. APHIS through a compliance agree- Northwest Mexico. All of the State of ment for foreign cotton processing or Baja California, Mexico, and that part manufacturing. of the State of Sonora, Mexico, lying Waste. All forms of cotton waste de- between San Luis Mesa and the Colo- rived from the manufacture of cotton rado River. lint, in any form or under any trade Permit. A form of authorization to designation, including gin waste and allow the importation of cotton or cov- thread waste; and waste products de- ers in accordance with the regulations rived from the milling of cottonseed. in this subpart and in §§ 319.7 through Gin trash is not within the definition 319.7–5. of waste. Person. Any individual, firm, corpora- West Coast of Mexico. The State of tion, company, society, or association, Sinaloa, the State of Sonora (except or any organized group of any of the foregoing. that part of the Imperial Valley lying between San Luis Mesa and the Colo- Pink bollworm regulated area; generally infested pink bollworm regulated area. rado River), and the Southern Terri- The pink bollworm regulated area con- tory of Baja California, in Mexico. sists of those States or parts thereof [24 FR 10788, Dec. 29, 1959, as amended at 27 designated as regulated area in Admin- FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, istrative Instructions issued under 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, § 301.52–2 of this chapter. The generally Apr. 27, 2001; 78 FR 25569, May 2, 2013; 79 FR infested pink bollworm regulated area 19870, Apr. 10, 2014] is that part of the regulated area des-

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CONDITIONS OF IMPORTATION AND ENTRY such materials will be issued in accord- OF COTTON AND COVERS ance with paragraph (a) of this section. (d) Permits for importation of any § 319.8–2 Permit procedure. cotton or covers are conditioned upon (a) Except as otherwise provided for compliance with all of the conditions in §§ 319.8–10 and 319.8–18, permits shall specified in the permit and any appli- be obtained for importations into the cable regulations or administrative in- United States of all cotton and covers. structions of this part. Permits will be issued only for cotton (e) Pending development of adequate and covers authorized entry under treating facilities in Guam, any cotton §§ 319.8–6 through 319.8–20. Persons de- or covers that are subject to treatment siring to import cotton or covers under as a condition of entry therein must §§ 319.8–6 through 319.8–20 shall, in ad- first be entered and treated in accord- vance of departure of such material ance with the requirements of this sub- from a foreign port, submit to the part at a U.S. port of arrival where Plant Protection and Quarantine Pro- such treating facilities are available. grams an application for a permit in (Approved by the Office of Management and accordance with §§ 319.7 through 319.7–5 Budget under control number 0579–0049) . Applications to import cottonseed shall state the approximate quantity [24 FR 10788, Dec. 29, 1959, as amended at 48 and the proposed United States port of FR 57466, Dec. 30, 1983; 78 FR 25570, May 2, 2013; 79 FR 19811, Apr. 10, 2014] entry. Applications to import lint, lint- ers, or waste shall state whether such § 319.8–3 Refusal and cancellation of materials are compressed. permits. (b) Applications to import lint, lint- (a) Permits for entry from the West ers, or waste at a port 1 other than one Coast of Mexico, as authorized in in the North, in California, or on the § 319.8–12 of lint, linters, waste, cotton- Mexican Border shall also specify seed, and cottonseed hulls may be re- whether the commodity is compressed fused and existing permits cancelled by to high density. the Administrator if he or she has de- (c) Upon receipt of an application to termined that the pink bollworm is import lint, linters, waste, or covers, present in the West Coast of Mexico or without treatment, for utilization in Northwest Mexico, or that other under agreement as defined in § 319.8– conditions exist therein that would in- 8(a)(2), an investigation will be made crease the hazard of pest introduction by an inspector to determine that the into the United States. receiving mill or plant is satisfactorily (b) Permits for entry from Northwest located geographically, is equipped Mexico as authorized in § 319.8–13 of with all necessary safeguards, and is lint, linters, waste, cottonseed, cotton- apparently in a position to fulfill all seed hulls, and covers that have been precautionary conditions to which it used for cotton, may be refused and ex- may agree. Upon determination by the isting permits cancelled by the Admin- inspector that these qualifications are istrator if he or she has determined fulfilled, the owner or operator of the that the pink bollworm is present in mill or plant may sign an agreement Northwest Mexico or in the West Coast specifying that the required pre- of Mexico, or that other conditions cautionary conditions will be main- exist therein that would increase the tained. Such signed agreement will be hazard of pest introduction into the a necessary requisite to the release at United States. the port of entry of any imported lint, linters, waste, or covers for forwarding [27 FR 5389, June 7, 1962, as amended at 36 FR to and utilization at such mill or plant 24917, Dec. 24, 1971; 70 FR 33324, June 7, 2005; in lieu of vacuum fumigation or other 78 FR 25570, May 2, 2013] treatment otherwise required by this subpart. Permits for the importation of § 319.8–4 Notice of arrival. Immediately upon arrival at a port of 1 Including ports in Guam, Hawaii, Puerto entry of any shipment of cotton or cov- Rico, and the Virgin Islands of the United ers, the importer shall submit to an in- States. spector or, in the case of Guam,

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through the Customs officer of the upon compliance with other applicable Government of Guam, notice of such requirements of this subpart when the arrival using a form provided for that inspector can determine that such lint, purpose (Form PPQ–368). Forms will be linters, and waste have been so proc- submitted using a U.S. Government essed by bleaching, dyeing, or other electronic information exchange sys- means, as to have removed all cotton- tem or other authorized method. seed or to have destroyed all insect (Approved by the Office of Management and life. Budget under control number 0579–0049) § 319.8–8 Lint, linters, and waste. [81 FR 40150, June 21, 2016] (a) Compressed to high density. (1)(i) § 319.8–5 Marking of containers. Entry of lint, linters, and waste, com- pressed to high density, will be author- Every bale or other container of cot- ized subject to vacuum fumigation by ton lint, linters, waste, or covers im- approved methods at any port where ported or offered for entry shall be approved fumigation facilities are plainly marked or tagged with a bale available. number or other mark to distinguish it (ii) Importations of such lint, linters, from other bales or containers of simi- and waste, arriving at a northern port lar material. Bales of lint, linters, and where there are no approved fumiga- waste from approved areas of Mexico, tion facilities may be entered for the West Coast of Mexico, or Northwest transportation in bond to another Mexico shall be tagged or otherwise northern port where such facilities are marked to show the gin or mill of ori- available, for the required vacuum fu- gin unless they are immediately ex- ported. migation. (iii) Such lint, linters, and waste (Approved by the Office of Management and compressed to high density arriving at Budget under control number 0579–0049) a port in the State of California where [27 FR 5389, June 7, 1962, as amended at 48 FR there are no approved fumigation fa- 57466, Dec. 30, 1983] cilities may be entered for immediate transportation in bond via an all-water § 319.8–6 Cottonseed cake and cotton- route if available, otherwise by over- seed meal. land transportation in van-type trucks Entry of cottonseed cake and cotton- or box cars after approved surface seed meal will be authorized through treatment, or under such other condi- any port at which the services of an in- tions as may be deemed necessary and spector are available, subject to exam- are prescribed by the inspector to (a) ination by an inspector for freedom any port where approved fumigation fa- from contamination. If found to be free cilities are available, there to receive of contamination, importations of such the required vacuum fumigation before cottonseed cake and cottonseed meal release, or (b) to an approved mill or will be released from further plant plant for utilization. quarantine entry restrictions. If found (2) Entry of lint, linters, and waste to be contaminated such importations compressed to high density, will be au- will be refused entry or subjected as a thorized without vacuum fumigation at condition of entry to such safeguards any northern port, subject to move- as the inspector may prescribe, accord- ment to an approved mill or plant, the ing to a method selected by the inspec- owner or operator of which has exe- tor from administratively authorized cuted an agreement with the Plant procedures known to be effective under Protection and Quarantine Programs the conditions under which the safe- to the effect that, in consideration of guards are applied. the waiving, of vacuum fumigation as a [24 FR 10788, Dec. 29, 1959, as amended at 70 condition of entry and the substitution FR 33324, June 7, 2005] of approved utilization therefor: (i) The lint, linters, and waste so en- § 319.8–7 Processed lint, linters, and tered will be processed or manufac- waste. tured at the mill or plant and until so Entry of lint, linters, and waste will used will be retained thereat, unless be authorized without treatment but written authority is granted by the

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Plant Protection and Quarantine Pro- the Mexican Border, where approved grams to move the material to another fumigation facilities are available. mill or plant; (ii) Importations of such lint, linters, (ii) Sanitary measures satisfactory to and waste arriving at a northern port the Plant Protection and Quarantine where there are no approved fumiga- Programs will be taken with respect to tion facilities may be entered for im- the collection and disposal of any mediate transportation in bond to an- waste, residues, and covers, including other northern port where such facili- the collection and disposal of refuse ties are available, for the required vac- from railroad cars, trucks, or other uum fumigation. carriers used in transporting the mate- (iii) Compressed lint, linters, and rial to the mill or plant; waste arriving at a port in the State of (iii) Inspectors of the Plant Protec- California where there are no approved tion and Quarantine Programs will fumigation facilities may be entered have access to the mill or plant at any for immediate transportation in bond reasonable time to observe the meth- by an all-water route if available, oth- ods of handling the material, the dis- erwise by overland transportation in posal of refuse, residues, waste, and van-type trucks or box cars after ap- covers, and otherwise to check compli- proved surface treatment, or under ance with the terms of the agreement; such other conditions as may be (iv) Such reports of the receipt and deemed necessary and are prescribed by utilization of the material, and dis- the inspector, to any port in California posal of waste therefrom as may be re- quired by the inspector will be sub- or any northern port where approved mitted to him promptly; fumigation facilities are available, (v) Such other requirements as may there to receive the required vacuum be necessary in the opinion of the Ad- fumigation before release, or to any ministrator to assure retention of the northern port for movement to an ap- material, including all wastes and resi- proved mill or plant for utilization. dues, at the mill or plant and its proc- (iv) Uncompressed lint, linters, and essing, utilization or disposal in a man- waste arriving at a port in the State of ner that will eliminate all pest risk, California where there are no approved will be complied with. fumigation facilities may be entered (3) Failure to comply with any of the for immediate transportation in bond conditions of an agreement specified in by an all-water route to any port in paragraph (a)(2) of this section may be California or any northern port where cause for immediate cancellation of approved fumigation facilities are the agreement by the inspector and re- available, there to receive the required fusal to release, without vacuum fumi- vacuum fumigation before release, or gation, lint, linters, and waste for to a northern port for movement to an transportation to the mill or plant. approved mill or plant for utilization. (4) Agreements specified in paragraph (2) Entry without vacuum fumigation (a)(2) of this section may be executed will be authorized for compressed lint, only with owners or operators of mills linters, and waste, and for or plants located in States in which uncompressed waste derived from cot- cotton is not grown commercially and ton milled in countries that do not at locations in such other States as produce cotton, 2 arriving at a northern may be administratively designated by the Administrator after due consider- ation of possible pest risk involved and 2 the proximity of growing cotton. For the purposes of this subpart the fol- lowing countries are considered to be those (b) Uncompressed or compressed. (1)(i) in which cotton is not produced: Austria, Entry of uncompressed or compressed Belgium, Canada, Denmark, Republic of Ire- lint, linters, and waste will be author- land (Eire), Finland, France, Germany (both ized, subject to vacuum fumigation by East and West), Great Britain and Northern approved methods, through any north- Ireland (United Kingdom), Iceland, Liech- ern port, through any port in the State tenstein, Luxembourg, Netherlands, Norway, of California, and through any port on Portugal, Sweden, and Switzerland.

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port, subject to movement to an ap- vacuum fumigation thereat by an ap- proved mill or plant. proved method or for forwarding there- from to an approved mill or plant for [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, utilization. 1971; 78 FR 25570, May 2, 2013; 79 FR 19810, (b) American cotton bagging, com- Apr. 10, 2014] monly known as coarse gunny, which has been used to cover only cotton § 319.8–9 Hull fiber and gin trash. grown or processed in the United (a) Entry of hull fiber will be author- States, may be authorized entry at any ized under the same conditions as are port under permit and upon compliance applicable to waste under this subpart. with §§ 319.8–4 and 319.8–5, without fu- (b) Gin trash may be imported only migation or other treatment. Marking under the provisions of § 319.8–20. patches of the finer burlaps or other fabrics when attached to bales of such [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962] bagging may be disregarded if, in the judgment of the inspector, they do not § 319.8–10 Covers. present a risk of carrying live pink (a) Entry of covers (including bags, bollworms, golden nematode cysts or slit bags, and parts of bags) which have flag smut spores. been used as containers for cotton (c) Bags, slit bags, parts of bags, and grown or processed in countries other other covers which have been used as than the United States may be author- containers for root crops or are of a ized either (1) through a Mexican bor- kind ordinarily used as containers for der port named in the permit for vacu- root crops may be authorized entry um fumigation by an approved method subject to immediate treatment in in that part of the United States with- such manner and according to such in the generally infested pink method as the inspector may select bollworm regulated area; or (2) through from administratively authorized pro- a northern port or a port in the State cedures known to be effective under of California subject to vacuum fumi- the conditions under which the treat- gation by an approved method or with- ment is applied, and subject to any ad- out vacuum fumigation when the cov- ditional safeguard measures that may ers are to be moved to an approved mill be prescribed by the inspector pursuant or plant for utilization. When such cov- to § 319.8–24, or that he may prescribe in ers are forwarded from a northern port regard to the manner of discharge from to a mill or plant in California for uti- the carrier and conveyance to the place lization, or from a California port to of treatment: Provided, That such cov- another California or northern port for ers may be authorized entry from Can- vacuum fumigation thereat or for ada without treatment as prescribed in movement to a mill or plant for utili- this paragraph unless the covers are zation such movement shall be made found to be contaminated. by an all-water route unless the bales (d) Bags, slit bags, parts of bags, and are compressed to a density of 20 other covers that have been used as pounds or more per cubic foot in which containers for wheat or wheat products case the bales may be moved overland that have not been so processed as to in van-type trucks or box cars if all- have destroyed all flag smut disease water transportation is not available. spores, or that have been used as con- Such overland movement may be made tainers for field seeds separated from only after approved surface treatment wheat during the process of screening, or under such other conditions as may and which arrive from a country named be deemed necessary and are prescribed in § 319.59–2(a)(2) of this part, if in- by the inspector. When such covers ar- tended for reuse in this country as rive at a port other than a northern, grain containers may be authorized California, or Mexican border port they entry, subject to immediate treatment will be required to be transported at the port of arrival. If such covers are therefrom immediately in bond by an not intended to be reused in this coun- all-water route to a northern or Cali- try as grain containers their entry may fornia port where approved vacuum fu- be authorized subject to movement for migation facilities are available for utilization to an approved mill or plant

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the owner or operator of which has exe- SPECIAL CONDITIONS FOR THE ENTRY OF cuted an appropriate agreement with COTTON AND COVERS FROM MEXICO the Plant Protection and Quarantine Programs similar to that described in SOURCE: Sections 319.8–11 through 319.8–14 § 319.8–8(a)(2). Covers coming within appear at 27 FR 5309, June 7, 1962, unless oth- this paragraph only, may be entered erwise noted. without permit other than the author- § 319.8–11 From approved areas of ization provided in this paragraph and Mexico. without other restriction under this subpart upon presentation to an in- (a) Entry of lint, linters, and waste spector of satisfactory evidence that (including gin and oil mill wastes) they have been used only for grains ex- which were derived from cotton grown ported from the United States and are in, and which were produced and han- 3 being returned empty without use dled only in approved areas of Mexico may be authorized through Mexican abroad and that while abroad they Border ports in Texas named in the have been handled in a manner to pre- permits vent their contamination. (1) For movement into the generally (e) When upon arrival at a port of infested pink bollworm regulated area entry any shipment of bags, slit bags, such products becoming subject imme- parts of bags, or other covers, is found diately upon release by the inspector to include one or more bales containing to the requirements, in § 301.52 of this material the importation of which is chapter, applicable to like products regulated by paragraph (a), (c), or (d) of originating in the pink bollworm regu- this section, the entire shipment, or lated area, or any portion thereof, may be required (2) For movement to an approved by the inspector to be treated as speci- mill or plant for utilization, or fied in the applicable paragraph. (3) For movement to New Orleans for (f) If upon their arrival at a port of immediate vacuum fumigation. entry covers are classified by the in- (b) Entry of cottonseed or cottonseed spector as coming within more than hulls in bulk, or in covers that are new one paragraph of this section, they will or which have not been used previously be authorized entry only upon compli- to contain cotton or unmanufactured ance with such requirements of the ap- cotton products, may be authorized plicable paragraphs as the inspector through Mexican Border ports in Texas may deem necessary to prevent the in- named in the permits, for movement troduction of plant diseases and insect into the generally infested pink pests. bollworm regulated area when certified (g) Notwithstanding the provisions of by an inspector as having been pro- any other paragraph of this section the duced in an approved area and handled entry from any country of bags, slit subsequently in a manner satisfactory bags, parts of bags, and other covers to the inspector. Upon arrival in the will be authorized without treatment generally infested pink bollworm regu- but upon compliance with other appli- lated area such cottonseed or cotton- cable sections of this subpart if the in- seed hulls will be released from further spector finds that they have obviously plant quarantine entry requirements not been used in a manner that would and shall become subject immediately contaminate them or when in the in- to the requirements in § 301.52 of this spector’s opinion there is otherwise no chapter. plant pest risk associated with their [27 FR 5309, June 7, 1962, as amended at 63 FR entry. 31101, June 8, 1998; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014] [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998] 3 See § 319.8–1(p) for definition of ‘‘Approved areas of Mexico.’’ These are within that part of Mexico not included in the ‘‘West Coast of Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ (§ 319.8–1(r)).

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§ 319.8–12 From the West Coast of Mex- upon arrival to determine freedom ico. from hazardous plant pest conditions: Contingent upon continued freedom (a) Lint, linters, and waste. of the West Coast of Mexico and of (b) Cottonseed. Northwest Mexico from infestations of (c) Cottonseed hulls. the pink bollworm, entry of the fol- (d) Covers that have been used for lowing products may be authorized cotton only. under permit subject to inspection to determine freedom from hazardous § 319.8–14 Mexican cotton and covers plant pest conditions: not otherwise enterable. (a) Compressed lint and linters. Mexican cotton and covers not (b) Uncompressed lint and linters for enterable under § 319.8–11, § 319.8–12, or movement into the generally infested § 319.8–13 may be entered in accordance pink bollworm regulated area, move- with §§ 319.8–6 through 319.8–10 and ment thereafter to be in accordance §§ 319.8–16 through 319.8–20 insofar as with § 301.52 of this chapter. said sections are applicable. (c) Compressed or uncompressed cot- ton waste for movement under bond to MISCELLANEOUS PROVISIONS Fabens, Texas, for vacuum fumigation after which it will be released from fur- § 319.8–16 Importation into United ther plant quarantine entry require- States of cotton and covers ex- ments. ported therefrom. (d) Cottonseed when certified by an (a) Cotton and covers grown, pro- inspector as having been treated, duced, or handled in the United States stored, and transported in a manner and exported therefrom, and in the satisfactory to the Administrator. original bales or other containers in (e) Untreated, non-certified cotton- which such material was exported seed contained in new bags for move- therefrom, may be imported into the ment by special manifest to any des- United States at any port under per- tination in the generally infested pink mit, without vacuum fumigation or bollworm regulated area, movement other treatment or restriction as to thereafter to be in accordance with utilization, upon compliance with § 301.52 of this chapter. §§ 319.8–2, 319.8–4, and § 319.8–5, and upon (f) Cottonseed hulls when certified by the submission of evidence satisfactory an inspector as having been treated, to the inspector that such material was stored, and transported in a manner grown, produced, or handled in the satisfactory to the Administrator. United States and does not constitute (g) Any cotton products for move- a risk of introducing the pink ment through Mexican border ports in bollworm into the United States. Texas directly into the generally in- (b) Cotton and covers of foreign ori- fested pink bollworm regulated area, gin imported into the United States in movement thereafter to be in accord- accordance with this subpart and ex- ance with § 301.52 of this chapter. ported therefrom, when in the original [27 FR 5309, June 7, 1962, as amended at 36 FR bales or other original containers, may 24917, Dec. 24, 1971; 78 FR 25570, May 2, 2013] be reimported into the United States under the conditions specified in para- § 319.8–13 From Northwest Mexico. graph (a) of this section. Contingent upon continued freedom of Northwest Mexico and of the West § 319.8–17 Importation for exportation, and importation for transportation Coast of Mexico from infestations of and exportation; storage. the pink bollworm and other plant pest conditions that would increase risk of (a) Importation of cotton and covers pest introduction into the United for exportation, or for transportation States with importations authorized and exportation, in accordance with under this section, entry of the fol- this subpart shall also be subject to lowing products may be authorized §§ 352.1 through 352.8 of this chapter, as under permit subject to inspection amended.

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(b) Importation at northern ports of and covers in a manner satisfactory to unfumigated lint, linters, waste, cot- the inspector, and if waste is collected tonseed cake, cottonseed meal and cov- and disposed of in a manner satisfac- ers used only for cotton, for expor- tory to the inspector. Such lint, lint- tation or for transportation and expor- ers, waste, and covers shall remain tation through another northern port, under Customs custody until released may be authorized by the inspector by the inspector. under permit if, in his judgment, such (e) Importation of lint, linters, and procedures can be authorized without waste from Mexico for transportation risk of introducing the pink bollworm. and exportation will be authorized (c) Entry under permit of lint, lint- under permit if such material is com- ers, or waste compressed to high den- pressed before, or immediately upon sity will be authorized for purposes of entering into the United States, or is storage in the north pending expor- compressed while en route to the port tation, fumigation, or utilization in an of export at a compress specifically au- approved mill or plant provided the thorized in the permit. The ports of ex- owner or operator of such proposed port which may be named in the permit storage place has executed an agree- shall be limited to those that have ment with the Plant Protection and been administratively approved for Quarantine Programs similar to those such exportation. Storage of such com- required for mills or plants to utilize pressed cotton may be authorized, in lint, linters, and waste as specified in approved bonded warehouses in Texas. § 319.8–8(a)(2), and provided further that (f) Entry of uncompressed lint, lint- (1) Inspectors are available to super- ers, and waste from Mexico may be au- vise the storage, thorized at ports named in the permit (2) The bales of material to be stored for exportation at ports within the gen- are free from surface contamination, erally infested pink bollworm regu- (3) The material is kept segregated lated area or for transportation and ex- from other cotton and covers in a man- portation via rail to Canada under such ner satisfactory to the inspector, and conditions and over such routes as may (4) The waste is collected and dis- be specified in the permit. posed of in a manner satisfactory to the inspector. [24 FR 10788, Dec. 29, 1959, as amended at 27 (d) Except as provided in § 319.8– FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998; 78 FR 25570, 23(a)(4), compressed lint, linters, and May 2, 2013; 79 FR 19810, Apr. 10, 2014] waste, uncompressed waste derived from cotton milled in a non-cotton- § 319.8–18 Samples. 4 producing country, and covers, arriv- (a) Samples of lint, linters, waste, ing at a port in the north for entry for cottonseed cake, and cottonseed meal exportation, vacuum fumigation, or may be entered without further permit utilization in accordance with the re- other than the authorization contained quirements in this subpart, may be al- in this section, but subject to inspec- lowed movement in Customs custody tion and such treatment as the inspec- for storage at a point in the north tor may deem necessary. Samples pending such exportation, or move- which represent either such products of ment to an approved mill or plant for United States origin or such products vacuum fumigation or utilization, imported into the United States in ac- when there are inspectors available to cordance with the requirements of this supervise such storage, if the bales are subpart, and which were exported from free of surface contamination, if they the United States, may be entered into are kept segregated from other cotton the United States without inspection when the inspector is satisfied as to 4 For the purposes of this subpart the fol- the identity of the samples. lowing countries are considered as non-cot- (b) Samples of cottonseed or seed cot- ton-producing countries: Austria, Belgium, ton may be entered subject to the con- Canada, Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), ditions and requirements provided in Iceland, Liechtenstein, Luxembourg, Nether- §§ 319.8–2, 319.8–4, and 319.8–19. lands, Norway, Portugal, Sweden and Swit- (c) Bales or other containers of cot- zerland. ton shall not be broken or opened for

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sampling and samples shall not be (b) An inspector may authorize the drawn until the inspector has so au- substitution of processing, utilization, thorized and has prescribed the condi- or other form of treatment for vacuum tions and safeguards under which such fumigation when in his opinion such samples shall be obtained. other treatment, selected by him from administratively authorized proce- §§ 319.8–19—319.8–20 [Reserved] dures, will be effective in eliminating infestation of the pink bollworm. § 319.8–21 Release of cotton and covers after 18 months’ storage. [24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010] Cotton and covers, the entry of which has been authorized subject to vacuum § 319.8–24 Collection and disposal of fumigation or other treatment because waste. of the pink bollworm only, and which (a) Importers shall handle imported, have not received such treatment but unfumigated cotton and covers in a have been stored for a period of 18 months or more will be released from manner to avoid waste. If waste does further plant quarantine entry restric- occur, the importer or his or her agent tions. shall collect and dispose of such waste in a manner satisfactory to the inspec- § 319.8–22 Ports of entry or export. tor. (b) If, in the judgment of an inspec- When ports of entry or export are not tor, it is necessary as a safeguard specifically designated in this subpart against risk of pest dispersal to clean but are left to the judgment of the in- railway cars, lighters, trucks, and spector, the inspector shall designate other vehicles and vessels used for only such ports as have been adminis- transporting such cotton or covers, or tratively approved for such entry or ex- to clean piers, warehouses, fumigation port. plants, mills, or other premises used in § 319.8–23 Treatment. connection with importation of such cotton or covers, the importer or his or (a)(1) Vacuum fumigation as required her agent shall perform such cleaning, in this subpart must be conducted in in a manner satisfactory to the inspec- accordance with part 305 of this chap- tor. ter. (c) All costs incident to such collec- (2) After cotton and covers have been tion, disposal, and cleaning other than vacuum fumigated they shall be so the services of the inspector during his marked under the supervision of an in- or her regular tour of duty and at the spector. Such material may thereafter usual place of duty, shall be borne by be distributed, forwarded, or shipped the importer or his or her agent. without further plant quarantine entry restriction. [24 FR 10788, Dec. 29, 1959, as amended at 70 (3) Cotton and covers held by an im- FR 33324, June 7, 2005] porter for vacuum fumigation must be stored under conditions satisfactory to § 319.8–25 Costs and charges. the inspector. The services of the inspector during (4) Prompt vacuum fumigation of regularly assigned hours of duty and at cotton and covers (other than high den- the usual places of duty shall be fur- sity cotton free of surface contamina- nished without cost to the importer. tion) will be required at non-northern The Plant Protection and Quarantine ports. Similar prompt vacuum fumiga- Programs will not assume responsi- tion will be required at Norfolk, Vir- bility for any costs or charges, other ginia, during the period June 15 to Oc- than those indicated in this section, in tober 15 of each year, except for covers connection with the entry, inspection, which have been used to contain only treatment, conditioning, storage, for- lint, linters, or waste, and the bales of warding, or any other operation of any which are compressed to a density of 28 character incidental to the physical or more pounds per cubic foot and are entry of an importation of a restricted free of surface contamination. material.

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§ 319.8–26 Material refused entry. § 319.15a Administrative instructions and interpretation relating to entry Any material refused entry for non- into Guam of bagasse and related compliance with the requirements of sugarcane products. this subpart shall be promptly removed Bagasse and related sugarcane prod- from the United States or abandoned ucts have been so processed that, in the by the importer for destruction, and judgment of the Department, their im- pending such action shall be subject to portation into Guam will involve no the immediate application of such safe- pest risk, and they may be imported guards against escape of plant pests as into Guam without further permit, the inspector may prescribe. If such other than the authorization contained material is not promptly safeguarded in this paragraph. Such importations by the importer, removed from the may be made without the submission United States, or abandoned for de- of a notice of arrival inasmuch as there struction to the satisfaction of the in- is available to the inspector the essen- spector it may be seized, destroyed, or tial information normally supplied by otherwise disposed of in accordance the importer at the time of importa- with sections 414 and 421 of the Plant tion. Inspection of such importations Protection Act (7 U.S.C. 7714 and 7731). may be made under the general author- Neither the Department of Agriculture ity of § 330.105(a) of this chapter. If an nor the inspector will be responsible importation is found infected, infested, for any costs accruing for demurrage, or contaminated with any plant pest shipping charges, cartage, labor, and is not subject to disposal under chemicals, or other expenses incidental this part, disposition may be made in to the safeguarding or disposal of ma- accordance with § 330.106 of this chap- terial refused entry by the inspector, ter. nor will the Department of Agriculture or the inspector assume responsibility Subpart— and Other for the value of material destroyed. Citrus Diseases

[24 FR 10788, Dec. 29, 1959, as amended at 66 § 319.19 Notice of quarantine. FR 21055, Apr. 27, 2001] (a) In order to prevent the introduc- tion into the United States of the cit- Subpart—Sugarcane rus canker disease (Xanthomonas citri (Hasse) Dowson) and other citrus dis- § 319.15 Notice of quarantine. eases, the importation into the United (a) The importation into the United States of plants or any plant part, ex- States of sugarcane and its related cept fruit and seeds, of all genera, spe- products, including cuttings, canes, cies, and varieties of the subfamilies leaves and bagasse, from all foreign Aurantioideae, Rutoideae, and countries and localities is prohibited, Toddalioideae of the botanical family except for importations for experi- is prohibited, except as pro- mental, therapeutic, or developmental vided in paragraphs (b), (c), and (d) of purposes under the conditions specified this section. in a controlled import permit issued in (b) Plants or plant parts of all gen- accordance with § 319.6. era, species, and varieties of the sub- (b) As used in this subpart, unless the families Aurantioideae, Rutoideae, and context otherwise requires, the term Toddalioideae of the botanical family ‘‘United States’’ means the States, the Rutaceae may be imported into the District of Columbia, Guam, Puerto United States for experimental, thera- peutic, or developmental purposes Rico, and the Virgin Islands of the under the conditions specified in a con- United States. trolled import permit issued in accord- [24 FR 10788, Dec. 29, 1959, as amended at 66 ance with § 319.6. FR 21055, Apr. 27, 2001; 78 FR 25570, May 2, (c) Plants or plant parts of all gen- 2013] era, species, and varieties of the sub- families Aurantioideae, Rutoideae, and Toddalioideae of the botanical family

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Rutaceae may be imported into Guam adjacent islands is prohibited. How- in accordance with § 319.37–6. ever, this prohibition does not apply to (d) Plants or plant parts of all gen- importations of such items for experi- era, species, and varieties of the sub- mental, therapeutic, or developmental families Aurantioideae, Rutoideae, and purposes under the conditions specified Toddalioideae of the botanical family in a controlled import permit issued in Rutaceae that are regulated articles accordance with § 319.6. under §§ 319.40–1 through 319.40–11 may (c) As used in this subpart, unless the be imported into the United States in context otherwise requires, the term accordance with §§ 319.40–1 through ‘‘United States’’ means the States, the 319.40–11 and without restriction by District of Columbia, Guam, Puerto this subpart. Rico, and the Virgin Islands of the (e) As used in this section unless the United States. context otherwise requires, the term (d) Seed of Indian corn or maize (Zea ‘‘United States’’ means the continental mays L.) that is free from the cob and United States, Guam, Hawaii, Puerto from all other parts of corn may be im- Rico, and the Virgin Islands of the ported into the United States from United States. New Zealand without further restric- [24 FR 10788, Dec. 29, 1959, as amended at 60 tion. FR 27674, May 25, 1995; 78 FR 25570, May 2, [24 FR 10788, Dec. 29, 1959, as amended at 58 2013] FR 44745, Aug. 25, 1993; 66 FR 21055, Apr. 27, 2001; 78 FR 25570, May 2, 2013] Subpart—Corn Diseases § 319.24a Administrative instructions QUARANTINE relating to entry of corn into Guam. § 319.24 Notice of quarantine. Corn may be imported into Guam without further permit, other than the (a) The fact has been determined by authorization contained in this section the Secretary of Agriculture, and no- but subject to compliance with § 319.24– tice is hereby given, that maize or In- 3. Such imports need not comply with dian corn (Zea mays L.) and closely re- the notice of arrival requirements of lated plants are subject to certain inju- § 319.24–4 inasmuch as information rious diseases, especially Peronospora equivalent to that in a notice of arrival maydis Raciborski, Sclerospora is available to the inspector from an- sacchari Miyake and other downy mil- other source. Section 319.24–5 shall not dews; also the Physoderma diseases of be applicable to importations of corn maize, Physoderma zeae-maydis Shaw, into Guam. Such importations shall be and Physoderma maydis Miyake, new subject to inspection at the port of to and not heretofore widely prevalent entry. Corn found upon inspection to or distributed within and throughout contain disease infection will be sub- the United States, and that these dis- ject to sterilization in accordance with eases occur in southeastern Asia (in- methods selected by the inspector from cluding India, Siam, Indo-China and administratively authorized procedures China), Malayan Archipelago, Aus- known to be effective under the condi- tralia, Oceania, Philippine Islands, tions in which applied. Formosa, Japan, and adjacent islands. (b) Except as otherwise provided in REGULATIONS GOVERNING ENTRY OF this subpart, the importation into the INDIAN CORN OR MAIZE United States of raw or unmanufac- tured corn seed and all other portions § 319.24–1 Application for permits for of Indian corn or maize and related importation of corn. plants, including all species of teosinte Persons contemplating the importa- (Euchlaena), jobs-tears (Coix), Polytoca, tion of corn into the United States Chionachne, and Sclerachne, from south- shall obtain a permit in accordance eastern Asia (including India, Indo- with §§ 319.7 through 319.7–5. china, and the People’s Republic of China), Malayan Archipelago, Aus- (Approved by the Office of Management and tralia, New Zealand, Oceania, Phil- Budget under control number 0579–0049) ippine Islands, Manchuria, Japan, and [79 FR 19810, Apr. 10, 2014]

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§ 319.24–2 [Reserved] The importation from all foreign countries of fruits of citrus and citrus relatives, other § 319.24–3 Marking as condition of than those specified in this subpart, is re- entry. stricted by the provisions of Subpart—Fruits and Vegetables of this part. Every bag or other container of corn offered for entry shall be plainly § 319.28 Notice of quarantine. marked with such numbers or marks as (a)(1) To prevent the introduction will make it easily possible to asso- ciate the bags or containers with a par- into the United States of citrus canker ticular importation. disease Xanthomonas campestris pv. citri (Hasse) Dye, the importation of all (Approved by the Office of Management and fruits and peel of all genera, species, Budget under control number 0579–0049) and varieties of the subfamilies [24 FR 10788, Dec. 29, 1959, as amended at 48 Aurantioideae, Rutoideae, and FR 57466, Dec. 30, 1983] Toddalioideae of the botanical family Rutaceae from eastern and south- § 319.24–4 [Reserved] eastern Asia (including India, Myanmar, Sri Lanka, Thailand, Indo- § 319.24–5 Condition of entry. china, and the People’s Republic of The corn shall not be removed from China); the Malay Archipelago; the the port of entry, nor shall any bag or Philippine Islands; Oceania (except other container thereof be broken or Australia and Tasmania); Japan and opened, except for the purpose of steri- adjacent islands; the Republic of lization, until a written notice is given Korea; Mauritius; Seychelles; Argen- to the United States Collector of Cus- tina (except for the States of toms, or, in the case of Guam, the Cus- Catamarca, Jujuy, Salta, and toms officer of the Government of Tucuman, which are considered free of Guam, by an inspector of the Plant citrus canker); Brazil; and Paraguay is Protection and Quarantine Programs, prohibited. that the corn has been properly steri- (2) To prevent the introduction into lized and released for entry without the United States of sweet scab further restrictions so far as the juris- (Elsinoe australis Bitanc. and Jenkins), diction of the Department of Agri- the importation of fruits and peel of all culture extends thereto. All apparatus species and varieties of the genus Cit- and methods for accomplishing such rus, including Citrus aurantifolia sterilization must be satisfactory to (Christm.) Swingle, C. aurantium L., C. the Plant Protection and Quarantine hystrix DC., C. limon (L.) Burm. f., C. Programs. Corn will be delivered to the paradisi Macf., C. reticulata Blanco, C. permittee for sterilization, upon the sinensis (L.) Osbeck, and Fortunella mar- filing with the appropriate customs of- garita (Lour.) Swingle, from Argentina, ficial of a bond in the amount of $5,000, Brazil, Paraguay, and Uruguay is pro- or in an amount equal to the invoice hibited. value of the corn if such value is less (3) To prevent the introduction into than $5,000, with approved sureties, and conditioned upon sterilization of the the United States of the bacterial dis- corn under the supervision and the sat- ease ‘‘Cancrosis B,’’ the importation of isfaction of an inspector of the Plant fruits and peel of all species and vari- Protection and Quarantine Programs; eties of the genus Citrus, including and upon the redelivery of the corn to those indicated in the previous para- said customs official within 40 days graph, is prohibited from Argentina from the arrival of the corn at the port (except for the States of Catamarca, of entry. Jujuy, Salta, and Tucuman, which are considered free of Cancrosis B), Para- guay, and Uruguay. Subpart—Citrus Fruit (4) Seeds and processed peel of fruits designated in this section are excluded NOTE: Citrus nursery stock, except seeds, is prohibited entry from all foreign countries from this prohibition. Such seeds, how- and localities by the citrus nursery stock ever, are subject to the requirements of quarantine No. 19 (§ 319.19). §§ 319.37 through 319.37–27.

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(b) Unshu oranges from Japan. The on Honshu Island or Shikoku Island, prohibition does not apply to Unshu or- Japan, that are to be imported into anges (Citrus reticulata Blanco var. States other than Arizona, California, unshu, Swingle [ Florida, Hawaii, Louisiana, or Texas. Marcovitch, Tanaka]), also known as (7) The identity of the fruit shall be Satsuma mandarin, grown in Japan maintained in the following manner: and imported under permit into any (i) The individual boxes in which the area of the United States except for oranges are shipped must be stamped those areas specified in paragraph or printed with a statement specifying (b)(8) of this section: Provided, that the States into which the Unshu or- each of the following safeguards is anges may be imported, and from fully carried out: which they are prohibited removal (1) The Unshu oranges must be im- under a Federal plant quarantine. ported in commercial consignments (ii) Each shipment of oranges handled that are practically free of leaves, in accordance with these procedures twigs, and other plant parts, except for shall be accompanied by a certificate stems that are less than 1 inch long of the plant protection service of Japan and attached to the fruit. certifying that the fruit is apparently (2) In Unshu orange export areas on free of citrus canker disease. Kyushu Island, Japan, trapping for the (8) The Unshu oranges may be im- citrus fruit fly (Bactrocera tsuneonis) ported into the United States only must be conducted as prescribed by the through a port of entry identified in Japanese Government’s Ministry of Ag- § 319.37–14 that is located in an area of riculture, Forestry, and Fisheries and the United States into which their im- the U.S. Department of Agriculture. If portation is authorized. The following fruit flies are detected, then shipping importation restrictions apply: will be suspended from the export area (i) Unshu oranges from Honshu Island until negative trapping shows the prob- or Shikoku Island, Japan, that have lem has been resolved. been fumigated in accordance with part (3) Before packing, the oranges must 305 of this chapter may be imported be given a surface sterilization in ac- into any area of the United States ex- cordance with part 305 of this chapter. cept American Samoa, the Northern (4) The packinghouse in which the Mariana Islands, Puerto Rico, and the surface sterilization treatment is ap- U.S. Virgin Islands. plied and the fruit is packed must be (ii)(A) Unshu oranges from Honshu registered with the Japanese Govern- Island or Shikoku Island, Japan, may ment’s Ministry of Agriculture, For- not be imported into American Samoa, estry, and Fisheries. Northern Mariana Islands, Puerto (5) Unshu oranges imported from Rico, or the U.S. Virgin Islands. Japan must be accompanied by a (B) Unshu oranges from Kyushu Is- phytosanitary certificate issued by the land, Japan (Prefectures of Fukuoka, Japanese Government’s Ministry of Ag- Kumanmoto, Nagasaki, and Saga only) riculture, Forestry, and Fisheries with that have not been fumigated in ac- an additional declaration that the cordance with part 305 of this chapter Unshu oranges were packed and pro- may not be imported into American duced in accordance with 7 CFR 319.28. Samoa, Arizona, California, Florida, (6) To be eligible for importation into Hawaii, Louisiana, the Northern Mar- Arizona, California, Florida, Hawaii, iana Islands, Puerto Rico, Texas, or the Louisiana, or Texas, each shipment of U.S. Virgin Islands. oranges grown on Honshu Island or (c) Unshu oranges from the Republic of Shikoku Island, Japan, must be fumi- Korea. The prohibition does not apply gated with methyl bromide in accord- to Unshu oranges (Citrus reticulata ance with part 305 of this chapter ei- Blanco var. unshu, Swingle [Citrus ther after harvest and prior to expor- unshiu Marcovitch, Tanaka]), also tation to the United States, or upon ar- known as Satsuma mandarin, or the rival at the port of entry in Arizona, Unshu, sweet, and hy- California, Florida, Hawaii, Louisiana, brids Shiranuhi [(C. reticulata ssp. or Texas. Fumigation will not be re- unshiu x (C. x sinensis)) x C. reticulata] quired for shipments of oranges grown and Setoka [(C. reticulata ssp. unshiu x

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(C. x sinensis)) x C. reticulata] x C. tions in Subpart—Fruits and Vegeta- reticulata] grown on Jeju (also trans- bles of this part. lated as Cheju) Island, Republic of (h) All salary, travel, and subsistence Korea, and imported under permit into expenses incident to the assignment of any area of the United States except personnel of the U.S. Department of for those specified in paragraph (c)(4) Agriculture to such operations in the of this section, Provided, that each of country of origin of the Unshu oranges the following safeguards is fully car- shall be paid by those requesting the ried out: service of such personnel. (1) Before packing, the fruit shall be (i) The term United States means the given a surface sterilization in accord- States, District of Columbia, American ance with part 305 of this chapter. Samoa, Guam, the Northern Mariana (2) The packinghouse in which the Islands, Puerto Rico, and the Virgin Is- lands of the United States. surface sterilization treatment is ap- plied and the fruit is packed must be (Approved by the Office of Management and registered with the national plant pro- Budget under control numbers 0579–0173, tection organization of the Republic of 0579–0314, 0579–0418, and 0579–0424) Korea. [32 FR 7959, June 2, 1967] (3) The fruit must be accompanied by EDITORIAL NOTE: For FEDERAL REGISTER ci- a phytosanitary certificate issued by tations affecting § 319.28, see the List of CFR the national plant protection organiza- Sections Affected, which appears in the tion of the Republic of Korea, which in- Finding Aids section of the printed volume cludes an additional declaration stat- and at www.fdsys.gov. ing that the fruit was given a surface EFFECTIVE DATE NOTE: At 81 FR 94228, Dec. sterilization in accordance with 7 CFR 23, 2016, § 319.28 was amended in paragraph part 305 and was inspected and found (a)(1), by removing the words ‘‘(except for free of Elsinoe australis. the States of Catamarca, Jujuy, Salta, and Tucuman, which are considered free of citrus (4) The fruit may be imported into canker)’’,in paragraph (a)(2), by removing any area of the United States except the word ‘‘Argentina,’’by redesignating para- American Samoa, Hawaii, the Northern graphs (e) through (i) as paragraphs (f) Mariana Islands, Puerto Rico, and the through (j), and adding a new paragraph (e), U.S. Virgin Islands. in newly redesignated paragraph (h), the (5) The fruit must be imported in words ‘‘paragraphs (b) through (e)’’ are re- moved and the words ‘‘paragraphs (b) commercial consignments only. through (f)’’ are added in their place, effec- (d) The prohibition does not apply to tive Jan. 23, 2017. For the convenience of the sweet oranges (Citrus sinensis (L.) user, the added and text is set forth as fol- Osbeck), lemons (C. limon (L.) Burm. lows: f.), mandarins (C. reticulata Blanco, C. § 319.28 Notice of quarantine. clementina Hort. ex Tanaka, C. deliciosa Ten., and C. unshiu Marcow), Citrus hy- brids, Fortunella japonica (Thunb.) * * * * * Swingle, and F. margarita (Lour.) Swin- (e) The prohibition does not apply to lem- gle, from Uruguay that meet the re- ons (Citrus limon (L.) Burm. f.) from north- quirements of 7 CFR 319.56–59. west Argentina that meet the requirements (e) This prohibition shall not apply of § 319.56–76. to importations for experimental, 12 therapeutic, or developmental purposes Subpart—Plants for Planting under the conditions specified in a con- trolled import permit issued in accord- SOURCE: 45 FR 31585, May 13, 1980; 60 FR ance with § 319.6. 27674, May 25, 1995, unless otherwise noted. (f) Further, this prohibition shall not apply to importations into Guam of the 1 The Plant Protection and Quarantine fruits and peel designated in paragraph Programs also enforces regulations promul- (a)(1) of this section. gated under the Endangered Species Act of 1973 (Pub. L. 93–205, as amended) which con- (g) Importations allowed under para- tain additional prohibitions and restrictions graphs (b) through (e) of this section on importation into the United States of ar- shall be subject to the permit and ticles subject to this subpart (See 50 CFR other requirements under the regula- parts 17 and 23).

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§ 319.37 Prohibitions and restrictions ticle has satisfied all requirements on importation; disposal of articles under this subpart. refused importation. [57 FR 43144, Sept. 18, 1992, as amended at 76 (a) No person shall import or offer for FR 31208, May 27, 2011; 79 FR 74588, Dec. 16, entry into the United States any pro- 2014] hibited article or any article whose im- portation is not authorized pending § 319.37–1 Definitions. pest risk analysis in accordance with Terms used in the singular form in § 319.37–2a, except as otherwise provided this subpart shall be construed as the in § 319.37–2(c) of this subpart. No per- plural, and vice versa, as the case may son shall import or offer for entry into demand. The following terms, when the United States any restricted arti- used in this subpart, shall be con- cle except in accordance with this sub- strued, respectively, to mean: part. Administrator. The Administrator of (b) The importer of any article denied the Animal and Plant Health Inspec- entry for noncompliance with this sub- tion Service, United States Depart- part must, at the importer’s expense ment of Agriculture, or any employee and within the time specified in an of the United States Department of Ag- emergency action notification (PPQ riculture delegated to act in his or her Form 523), destroy, ship to a point out- stead. side the United States, or apply treat- Bulb. The portion of a plant com- ments or other safeguards to the arti- monly known as a bulb, bulbil, bulblet, cle, as prescribed by an inspector to corm, cormel, rhizome, tuber, or pip, prevent the introduction into the and including fleshy roots or other un- derground fleshy growths, a unit of United States of quarantine pests. In which produces an individual plant. choosing which action to order and in Clean well water. Well water that does setting the time limit for the action, not contain quarantine pests. the inspector shall consider the degree Compliance agreement. A written of pest risk presented by the quar- agreement between APHIS and a per- antine pest associated with the article, son (individual or corporate) engaged whether the article is a host of the in the production, processing, han- pest, the types of other host materials dling, or moving of restricted articles for the pest in or near the port, the cli- imported pursuant to this subpart, in mate and season at the port in relation which the person agrees to comply to the pest’s survival range, the avail- with the subpart and the terms and ability of treatment facilities for the conditions specified within the agree- article, and any other factors per- ment itself. taining to the risk that the article may Controlled import permit. A written or present to plants, plant parts, or plant electronically transmitted authoriza- products within the United States that tion issued by APHIS for the importa- he or she considers necessary. tion into the United States of other- (c) No person shall remove any re- wise prohibited or restricted plant ma- stricted article from the port of first terial for experimental, therapeutic, or arrival unless and until a written no- developmental purposes, under con- tice is given to the collector of customs trolled conditions as prescribed by the by the inspector that the restricted ar- Administrator in accordance with § 319.6. 2 One or more common names of articles Disease. The term in addition to its are given in parentheses after most scientific common meaning, includes a disease names (when common names are known) for agent which incites a disease. the purpose of helping to identify the arti- Earth. The softer matter composing cles represented by such scientific names; part of the surface of the globe, in dis- however, unless otherwise specified, a ref- tinction from the firm rock, and in- erence to a scientific name includes all arti- cles within the category represented by the cluding the soil and subsoil, as well as scientific name regardless of whether the finely divided rock and other soil for- common name or names are as comprehen- mation materials down to the rock sive in scope as the scientific name. layer.

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Europe. The continent of Europe, the authorized for use with the specified British Isles, Iceland, the Azores, and plant genera, if the procedures are per- the islands in the Mediterranean Sea. formed using protocols acceptable to From. An article is considered to be the plant protection service that issues ‘‘from’’ any country or locality in phytosanitary certificates based on which it was grown. Provided, That an them: mechanical transmission of the article imported into Canada from an- pest to an indicator plant for Dianthus, other country or locality shall be con- Malus, Prunus, Rubus, and Syringa; sidered as being solely from Canada if graft transmission of the pest to an in- it meets the following conditions: dicator plant for Chaenomeles, Cydonia, (1) It is imported into the United Malus, Prunus, Pyrus, Rubus, and Sy- States directly from Canada after hav- ringa; serology for Dianthus, Malus, ing been grown for at least 1 year in Prunus, Pyrus, Rubus, and Syringa; elec- Canada, tron microscopy for Dianthus and (2) It has never been grown in a coun- Prunus, and nucleic acid probes for try from which it would be a prohibited Chaenomeles, Cydonia, Malus, and article or an article whose importation Pyrus. into the United States is not author- Inspector. Any individual authorized ized pending pest risk analysis or by the Administrator of APHIS or the grown in a country other than Canada Commissioner of Customs and Border from which it would be subject to con- ditions of § 319.37–5 (b)(2), (b)(3), (b)(4), Protection, Department of Homeland (c), (d), (e), (f), (g), (h), (i), (k), (l), or Security, to enforce the regulations in (m) of this subpart, or subject to condi- this part. tions of § 319.37–6 of this subpart, Noxious weed. Any plant or plant (3) It was not grown in a country or product that can directly or indirectly locality from which it would be subject injure or cause damage to crops (in- to conditions of § 319.37–7 of this sub- cluding plants for planting or plant part unless it was grown in Canada products), livestock, poultry, or other under postentry growing conditions interests of agriculture, irrigation, equivalent to those specified in § 319.37– navigation, the natural resources of 7 3 of this subpart, and the United States, the public health, or (4) It was not imported into Canada the environment. in growing media. Oceania. The islands of Micronesia, Indexing. A procedure for using plant Melanesia, and Polynesia (except Ha- material or its extracts to determine waii, Guam, and the Northern Mariana the presence or absence of one or more Islands) in the central and southern pests in or on the tested plant mate- Pacific Ocean. rial. For the purposes of this subpart, Official control. The active enforce- indexing is performed in foreign coun- ment of mandatory phytosanitary reg- tries to test the parent stock of des- ulations and the application of manda- ignated articles that must meet special tory phytosanitary procedures with the foreign inspection and certification re- objective of eradication or contain- quirements in accordance with § 319.37– ment of quarantine pests. 5 to be eligible for importation into the Person. Any individual, partnership, United States. The results of indexing corporation, association, joint venture, tests are used by the plant protection or other legal entity. services of foreign countries to issue Phytosanitary certificate of inspection. phytosanitary certificates declaring A document, including electronic plant articles free of specified diseases. versions, that is related to a restricted The following indexing procedures are article and is issued not more than 15 days prior to shipment of the restricted 3 Currently only Chaenomoles spp. (flow- article from the country in which it ering quince), Cydonia spp. (quince), Malus was grown and that: spp. (apple, crabapple); Prunus spp. (almond, (1) Is patterned after the model cer- apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and Pyrus spp. tificate of the International Plant Pro- (pear) are required under the laws of Canada tection Convention, a multilateral con- to be grown in Canada under such equivalent vention on plant protection under the conditions after importation. authority of the Food and Agriculture

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Organization of the United States Port of first arrival. The land area (FAO); (such as a seaport, airport, or land bor- (2) Is issued by an official of a foreign der station) where a person, or a land, national plant protection organization water, or air vehicle, first arrives after in one of the five official languages of entering the territory of the United the FAO; States, and where inspection of articles (3) Is addressed to the national plant is carried out by inspectors. protection organization of the United Potable water. Water which is ap- States (Animal and Plant Health In- proved for drinking purposes by the na- spection Service); tional or local health authority having (4) Describes the shipment; jurisdiction. (5) Certifies the place of origin for all Preclearance. Phytosanitary inspec- contents of the shipment; tion and/or clearance in the country in which the articles were grown, per- (6) Certifies that the shipment has formed by or under the regular super- been inspected and/or tested according vision of APHIS. to appropriate official procedures and A defined portion of a is considered free from quarantine Production site. place of production utilized for the pro- pests of the United States; duction of a commodity that is man- (7) Contains any additional declara- aged separately for phytosanitary pur- tions required by this subpart; and poses. This may include the entire (8) Certifies that the shipment con- place of production or portions of it. forms with the phytosanitary require- Examples of portions of places of pro- ments of the United States and is con- duction are a defined orchard, grove, sidered eligible for importation pursu- field, greenhouse, screenhouse, or ant to the laws and regulations of the premises. United States. Prohibited article. Any plant for plant- Plant. Any plant (including any plant ing designated in § 319.37–2 (a) or (b), ex- part) for or capable of propagation, in- cept wood articles regulated under cluding a tree, a tissue culture, a §§ 319.40–1 through 319.40–11, ‘‘Subpart— plantlet culture, pollen, a shrub, a Logs, Lumber, and Other Unmanufac- vine, a cutting, a graft, a scion, a bud, tured Wood Articles.’’ a bulb, a root, and a seed. Quarantine pest. A plant pest or nox- Plant pest. Any living stage of any of ious weed that is of potential economic the following that can directly or indi- importance to the United States and rectly injure, cause damage to, or not yet present in the United States, or cause disease in any plant or plant present but not widely distributed and product: A protozoan, a nonhuman ani- being officially controlled. mal, a parasitic plant, a bacterium, a Regulated plant. A vascular or non- fungus, a virus or viroid, an infectious vascular plant. Vascular plants include agent or other pathogen, or any article gymnosperms, angiosperms, ferns, and similar to or allied with any of these fern allies. Gymnosperms include articles. cycads, conifers, and gingko. Plant Protection and Quarantine Pro- Angiosperms include any flowering grams. The organizational unit with the plant. Fern allies include club mosses, Animal and Plant Health Inspection horsetails, whisk ferns, spike mosses, Service, U.S. Department of Agri- and quillworts. Nonvascular plants in- culture, delegated responsibility for clude mosses, liverworts, hornworts, enforcing provisions of the Plant Quar- and green algae. antine Act and related legislation, Restricted article. Any plant for plant- quarantines, and regulations. ing, excluding any prohibited articles Planting. Any operation for the plac- listed in § 319.37–2(a) or (b) of this sub- ing of plants in a growing medium, or part, any articles whose importation is by grafting or similar operations, to not authorized pending pest risk anal- ensure their subsequent growth, repro- ysis under § 319.37–2a of this subpart, duction, or propagation. and excluding any articles regulated in Plants for planting. Plants intended to §§ 319.8 through 319.28 or 319.41 through remain planted, to be planted or re- 319.74–4 of this part and any articles planted. regulated in part 360 of this chapter.

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Secretary. The Secretary of Agri- other territory or possession of the culture, or any other officer or em- United States. ployee of the Department of Agri- State Plant Regulatory Official. The of- culture to whom authority to act in ficial authorized by the State to sign his/her stead has been or may hereafter agreements with Federal agencies in- be delegated. volving operations of the State plant Soil. The loose surface material of the protection agency. earth in which plants, trees, and shrubs Taxon (taxa). Any grouping within grow, in most cases consisting of dis- botanical nomenclature, such as fam- integrated rock with an admixture of ily, genus, species, or cultivar. organic material and soluble salts. United States. All of the States. Solanum spp. true seed. Seed produced [45 FR 31585, May 13, 1980] by flowers of Solanum capable of germi- EDITORIAL NOTE: For FEDERAL REGISTER ci- nating and producing new Solanum tations affecting § 319.37–1, see the List of plants, as distinguished from Solanum CFR Sections Affected, which appears in the tubers, whole or cut, that are referred Finding Aids section of the printed volume to as Solanum seeds or seed potatoes. and at www.fdsys.gov. Spp. (species). All species, clones, cultivars, strains, varieties, and hy- § 319.37–2 Prohibited articles. brids, of a genus. (a) The following listed articles from State. Any of the several States of the the designated countries and localities United States, the Commonwealth of are prohibited articles and are prohib- the Northern Mariana Islands, the ited from being imported or offered for Commonwealth of Puerto Rico, the entry into the United States except as District of Columbia, Guam, the Virgin provided in paragraph (c) of this sec- Islands of the United States, or any tion.

Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Abelmoschus spp. (okra) ...... Africa ...... Cotton leaf curl agent. Brazil ...... Cotton Anthocyanosis agent. Bangladesh, India, Sri Lanka ...... Bhendi yellow vein mosaic agent. Cote d’Ivoire, Nigeria ...... Okra mosaic virus. Iraq ...... Okra yellow leaf curl agent. Papua New Guinea, Trinidad and Okra mosaic agents. Tobago. Abies spp. (fir) ...... All except Canada ...... 50 or more species of rusts including Chrysomyxa abietis (Wallr.) Ung. (a rust causing a serious needle disease); Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Douglas fir canker). Acacia spp. (acacia) ...... Australia and Oceania ...... Uromycladium tepperianum (Sacc.) McAlp. (Rust). Acer spp. (maple) (except Acer Japan ...... Xanthomonas acernea (Ogawa) Burk. palmatum and Acer japonicum Europe, Japan ...... Maple mosaic or variegation diseases. meeting the conditions for impor- tation in §§ 319.37–5 or 319.37–7. Actinidia spp. (Chinese gooseberry, Japan and Taiwan ...... Pucciniastrum actinidiae Hiratusuka (Rust). kiwi).. Adonidia spp ...... All ...... A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Aeglopsis spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Aesculus spp. (horsechestnut) ...... Czech Republic, Germany, Roma- Horsechestnut variegation or yellow mosaic dis- nia, Slovakia, United Kingdom. eases. Aiphanes spp. (coyure, ruffle, and All ...... A diversity of diseases including but not limited to: spine palm). lethal yellowing disease; cadang-cadang disease. Allagoptera arenaria ...... All ...... A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Althaea spp. (althaea, hollyhock) .... Africa ...... Cotton leaf curl agent. Bangladesh, India, Sri Lanka ...... Bhendi yellow vein mosaic agent. Arachis spp. (peanut) seed only (all India, Indonesia, Japan, People’s Peanut stripe virus. other Arachis articles are in- Republic of China, Philippines, cluded under Fabaceae). Taiwan, Thailand.

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Burkina Faso, Cote d’Ivoire, Sen- Peanut clump virus. Indian peanut clump virus. egal India. Areca spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Arenga spp. (sugarpalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Articles listed in § 319.37–2(b) ...... All except Canada ...... A diversity of diseases, insects, and other pests, in- cluding but not limited to: Cactoblastis cactorum (Berg); Metamasius spp.; Opogona sacchari (Bojer); Chrysomyxa himalensis Barclay (Spruce needle rust); Aecidium mori Barclay (Mulberry rust); Pseudomonas lignicola Westherd. & Buis. (Bacterial stain); Pucciniastrum areolatum (Fr.) Otth. (Cherry-spruce rust). Atalantia spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Balsamocitrus spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. Bambuseae (seeds, plants, and All ...... Various plant diseases, Including bamboo smut cuttings). (Ustilago shiraiana) Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.) (plants of all species and horti- cultural varieties not designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter). Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.) destined to an eradication State listed in § 301.38–2a of this chap- ter (plants of all species and hor- ticultural varieties designated as resistant to black stem rust in ac- cordance with § 301.38–1 of this chapter). Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.)seed. Bergera spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Blighia sapida (akee) ...... Cote d’Ivoire, Nigeria ...... Okra mosaic virus. Borassus spp. (palmyra palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Brugmansia spp...... Colombia ...... Datura Columbia virus. Calodendrum spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. Caryota spp. (fishtail palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Castanea spp. (chestnut) ...... All ...... Cryphonectria parasitica (Murrill) Barr (chestnut blight); Dryocosmus kuriphilus Yasumatsu (gall wasp). Cedrus spp. (cedar) ...... Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Fusarium fuliginosporum Sibilia (Seedling disease). Chaenomeles spp. (flowering All ...... A diversity of diseases including but not limited to quince) not meeting the condi- those listed for Chaenomeles in § 319.37–5(b). tions for importation in §§ 319.37–5(b). Chrysanthemum spp. (chrysan- All ...... Puccinia horiana P. Henn. (white rust of chrysan- themum, includes Dendranthema themum). spp.) not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7.

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Citrofortunella spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. xCitroncirus spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Citrus spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening); citrus variegated § 319.37-5(w).. chlorosis. Clausena spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Cocos spp. (other than Cocos All...... A diversity of diseases including but not limited to: nucifera). Lethal yellowing disease; Cadang-cadang dis- ease. Cocos nucifera (coconut) (including All except from Jamaica or Costa A diversity of diseases including but not limited to: seed) (Coconut seed without Rica if meeting the conditions for lethal yellowing disease; cadang-cadang disease. husk or without milk may be im- importation in § 319.37–5(g). ported into the United States in accordance with § 319.56–11). Corypha spp...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Crocosmia spp. (montebretia) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli- buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Crocosmia spp. (montebretia), ex- Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.) Wint. (rust). cept bulbs in commercial ship- Mauritius, Portugal. ments. Cydonia spp. (quince) not meeting All ...... A diversity of diseases including but not limited to the conditions for importation in those listed for Cydonia in § 319.37–5(b)(1). § 319.37–5(b). Datura spp...... India ...... Datura distortion or enation mosaic virus. Datura spp. (woody species) ...... (See Brugmansia spp.). Dendranthema spp. (chrysan- See Chrysanthemum spp...... See Chrysanthemum spp. themum). Dictyosperma spp. (Princesspalm) All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Dracaena spp. plants not meeting Costa Rica ...... Ancistrocercus circumdatus; Caldwelliola reservata; the conditions for import in Chaetanaphothrips signipennis (banana rust § 319.37–5(y). thrips); Coccus viridis (green scale); Diplosolenodes occidentalis (spotted leatherleaf slug); Erioloides consobrinus; Neoconocephalus affinis (rattler conehead katydid); Oncometopia clarior (blue sharpshooter); Ovachlamys fulgens; Palliferra costaricensis (Costa Rica mantle slug); Planococcus minor (passionvine mealybug); Pseudococcus landoi (lando mealybug); Sarasinula plebeia (Caribbean leatherleaf slug); Succinea costaricana; Xylosandrus morigerus (brown coffee twig beetle). Dypsis spp. (butterfly palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Elaeis spp. (oil palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Erianthus spp. (plumegrass) ...... All ...... Puccinia melanocephala H. Syd. & P. Syd. (Sugar- cane rust). Eucalyptus spp. (eucalyptus) ...... Europe, Sri Lanka, and Uruguay .... Pestalotia disseminata Thuem. (parasitic leaf fun- gus). Euonymus spp. (euonymus) ...... Europe, Japan ...... Euonymus mosaic diseases.

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Fabaceae ( = Leguminosae) (her- All except Canada ...... A diversity of diseases including but not limited to: baceous spp. only). African soybean dwarf agent, alfalfa enation virus, azuki bean mosaic virus, bean golden mosaic virus, cowpea mild mottle virus, French bean mo- saic virus, groundnut chlorotic leaf streak virus, groundnut chlorotic spotting virus, groundnut ro- sette agents, groundnut witches broom MLO, horsegram yellow mosaic virus, Indonesian soy- bean dwarf virus, lima bean mosaic virus, lucerne Australian symptomless virus, lucerne vein yellowing virus, mung bean yellow mosaic virus, peanut stripe virus, red clover mottle virus, and soybean dwarf virus. Fortunella spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Fragaria spp. (strawberry) not meet- All except Canada ...... Phytophthora fragariae Hickman (Red stele dis- ing the conditions for importation ease). in § 319.37–5(h). Fraxinus spp. (ash) ...... All except for any county or munic- Agrilus planipennis (emerald ash borer). ipal regional county in Canada not regulated because of the em- erald ash borer. Europe ...... Pseudomonas savastanoi var. fraxini (Brown) Dowson (Canker and dwarfing disease of ash). Gaussia spp. (llumepalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Gladiolus spp. (gladiolus) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli- buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Gladiolus spp. (gladiolus), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.) Wint. (rust). bulbs in commercial shipments. Mauritius, Portugal. Gossypium spp. (cotton, cottontree) All ...... A diversity of diseases including but not limited to: cotton leaf curl virus; cotton virescence agent; small leaf virus. Hibiscus spp. (kenaf, hibiscus, rose Africa ...... Cotton leaf curl agent. mallow). Brazil ...... Cotton anthocyanosis agent. India ...... Hibiscus leaf curl agent. Howea spp. (sentry palm) not meet- All ...... A diversity of diseases including but not limited to: ing the conditions in § 319.37– Lethal yellowing disease; Cadang-cadang dis- 5(n). ease. Hydrangea spp. (hydrangea) ...... Japan ...... Aecidium hydrangeae-paniculatea Dietel. Hyophorbe spp. (palm) ...... All ...... A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease. Ipomoea spp. (sweetpotato) ...... All except Canada ...... A diversity of diseases including but not limited to: sweetpotato witches broom (little leaf); and sweetpotato viruses of eastern Africa. Jasminum spp. (jasmine) ...... Belgium, Germany, Great Britain .... Jasmine variegation diseases. India ...... Chlorotic ringspot, phyllody, yellow ring mosaic dis- eases. Philippines ...... Sampaguita yellow ringspot mosaic diseases. Juniperus spp. (juniper) ...... Austria, Finland, and Romania ...... Stigmina deflectans (Karst) Ellis (Needlecast dis- ease). Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Larix spp. (larch) ...... Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis (European Nova Scotia in Canada, Europe, larch canker). and Japan. Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Latania spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Leersia spp. (cutgrass) seed only All ...... Xanthomonas campestris pv. oryzae (Ishiyama) (all other Leersia articles are in- Dye. cluded under Poaceae). Lens spp. seed (lentil) ...... South America ...... Uromyces viciae-fabae (Pers.) Schroet. (Rust).

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Leptochloa spp. (sprangletop) seed All ...... Xanthomonas campestris pv. oryzae (Ishiyama) only (all other Leptochloa articles Dye. are included under Poaceae). Leucanthemella serotina not meet- All ...... Puccinia horiana P. Henn. (white rust of chrysan- ing the conditions for importation themum). in §§ 319.37–5(c) and 319.37–7. Ligustrum spp. (privet) ...... Europe ...... Ligustrum mosaic diseases. Limonia spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Livistona spp. (fan palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Malus spp. (apple, crabapple) not All ...... A diversity of diseases including but not limited to meeting the conditions for impor- those listed for Malus in § 319.37–5(b)(1). tation in §§ 319.37–5(b) and 319.37–7. Mangifera spp. (mango) seed only. All except Guimaras Island (Repub- Sternochetus mangiferae F. (mango seed weevil). (Prohibition not applicable to lic of the Philippines) and North seeds imported into Guam, Ha- and South America (excluding waii, and the Northern Mariana Barbados, the British Virgin Is- Islands). lands, Dominica, French Guiana, Grenada, Guadeloupe, Mar- tinique, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago). Manihot spp. (cassava) ...... All except Canada ...... A diversity of diseases, insects, and other pests in- cluding but not limited to: Mononychellus tanajoa (Bondar) (cassava mite); Phenococcus manihotis Matile-Ferrero (cassava mealybug); Xanthomonas manihotis (Arthand-Berthet) Starr (Bacterial blight); Cassava brown streak virus; Cassava la- tent virus; Cassava African mosaic virus; Cassava common mosaic virus. Mascarena spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Microcitrus spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Morus spp. (mulberry) ...... India, Japan, Korea, People’s Re- Mulberry dwarf or mulberry mosaic diseases. public of China, Thailand, and the geographic area formerly known as the Union of Soviet So- cialist Republics. Murraya spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Nannorrhops spp. (mazaripalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Nipponanthemum nipponicum not All ...... Puccinia horiana P. Henn. (white rust of chrysan- meeting the conditions for impor- themum). tation in §§ 319.37–5(c) and 319.37–7. Pelargonium spp. not meeting the All ...... Potato brown rot (Ralstonia solanacearum race 3 conditions for importation in biovar 2). § 319.37–5(r). Pelargonium spp. plants not meet- Canary Islands (Spain) ...... Helicoverpa armigera, Chrysodeixis chalcites, and ing the conditions for importation Syngrapha circumflexa (syn. Cornutiplusia in § 319.37–5(u). circumflexa). Persea spp. (avocado) seed ...... Central and South America, and Heilipus lauri Boh. (Avocado weevil); Stenoma Mexico. catenifer Wals. (Avocado seed moth); Conotrachelus spp. Philadelphus spp. (mock orange) ... Europe ...... Elm mottle virus. Phoenix spp. (date) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Picea spp. (spruce) ...... Europe, Japan, and Siberia ...... Chrysomyxa ledi (Alb. & Schw.) d By var. rhododendri (DC) Savile. (Rhododendron-spruce needle rust).

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Europe...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Pinus spp. (pine) (2- or 3-leaved) ... Europe and Japan ...... Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard pines.) Japan...... Gall-forming rust. Plants (except bulbs, dormant her- Israel ...... Spodoptera littoralis and other quarantine pests. baceous perennials, and seeds) not meeting the conditions for im- portation in § 319.37–5(v). Poaceae (vegetative parts of all All except Canada ...... A wide diversity of plant diseases, including but not grains and grasses, except spe- limited to: banana streak virus, barley yellow mo- cies of Bambuseae). saic virus, barley yellow striate mosaic virus, brome streak mosaic virus, cereal chlorotic mo- saic virus, cocksfoot mild mosaic virus, corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle virus, Echinochloa ragged stunt virus, European aster yellows MLO, European wheat striate mosaic virus, Iranian maize mosaic virus, maize bushy stunt MLO, maize chlorotic mottle virus, maize mosaic virus, maize mottle/ chlorotic stunt virus, maize rough dwarf virus, maize streak virus, maize stripe virus, northern cereal mosaic virus, oat red streak mosaic virus, oat sterile dwarf virus, rice dwarf virus, rice gall dwarf virus, rice tungro virus, rice wilted stunt virus, rice yellow mottle virus, rice yellow dwarf agent, yellow dwarf agent, sugarcane white leaf MLO, wheat yellow leaf virus, and wheat yellowing stripe bacterium. Poncirus spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Populus spp. (aspen, cottonwood, Europe ...... Xanthomonas populi Ride (Canker). poplar). Pritchardia spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Prunus spp. not meeting the condi- All ...... A diversity of diseases including but not limited to tions for importation in § 319.37– those listed for Prunus in § 319.37–5(b). 5(b). Prunus spp. not meeting the condi- All ...... A diversity of diseases including but not limited to tions for importation in § 319.37– those listed for Prunus in § 319.37–5(b). 5(b). Pseudolarix spp. (golden larch) ...... Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis (European Nova Scotia in Canada, Europe, larch canker). and Japan. Pseudotsuga spp. (Douglas fir) ...... Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Pyrus spp. (pear) not meeting the All ...... A diversity of diseases including but not limited to conditions for importation in those listed for Pyrus in § 319.37–5(b)(1). § 319.37–5(b). Quercus spp. (oak) ...... Japan ...... Stereum hiugense Imazeki (White rot); a gall-form- ing rust. Ravenea spp. (palm) ...... All ...... A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease. Ribes spp. (currant, gooseberry) .... Europe and New Zealand ...... Black currant reversion agent. Rosa spp. (rose) ...... Australia, Bulgaria, Italy, and New Rose wilt virus. Zealand. Rubus spp. not meeting the condi- Europe ...... Rubus stunt agent tions for importation in § 319.37– 5(f). Salix spp. (willow)...... Belgium, Germany, Great Britain, Brenneria salicis (Day) Hauben et al., syn. Erwinia Japan, and the Netherlands. salicis (Day) Chester (Watermark disease). Seeds of all kinds when in pulp ...... All except Canada ...... Fruit flies, or other injurious insects. Severinia spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x)..

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Solanum spp. (potato) (tuber bear- All except Canada (except New- Andean potato latent virus; Andean potato mottle ing species only—Section foundland and that portion of the virus; potato mop top virus; dulcamara mottle Tuberarium), including potato tu- Municipality of Central Saanich in virus; tomato blackring virus; tobacco rattle virus; bers. the Province of British Columbia potato virus Y (tobacco veinal necrosis strain); east of the West Saanich Road).. potato purple top wilt agent; potato marginal fla- vescence agent; potato purple top roll agent; po- tato witches broom agent; stolbur agent; parastolbur agent; potato leaflet stunt agent; po- tato spindle tuber viroid; arracacha virus B; potato yellowing virus. Solanum spp. true seed (tuber All except Canada, New Zealand, Andean potato latent virus, potato virus T, tobacco bearing species only—Section and the X region of Chile (that ringspot virus (Andean potato calico strain); Tuberarium). area of Chile between 39° and arracacha virus B; potato yellowing virus. 44° South latitude—see § 319.37–5(o)). Solanum spp. not meeting the con- All ...... Potato brown rot (Ralstonia solanacearum race 3 ditions for importation in biovar 2). § 319.37–5(r). Sorbus spp. (mountain ash)...... Czech Republic, Denmark, Ger- Mountain ash variegation or ringspot mosaic dis- many, Slovakia. ease. Swinglea spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Syagrus schizophylla (Mart.) Glass- All ...... A diversity of diseases including but not limited to: man (arikury palm). Lethal yellowing disease; Cadang-cadang dis- ease. Syringa spp. (lilac) not meeting the Europe ...... Elm mottle virus. conditions for importation in § 319.37–5(i). Theobroma spp. (cacao) ...... All ...... A diversity of diseases and pests including but not limited to: cocoa swollen shoot virus, cocoa mot- tle leaf virus, cocoa yellow mosaic virus, cocoa necrosis virus, Crinipellis perniciosa (Stahel) Sing- er (witches broom fungus), Monilia roreri— Moniliophthora rorei (CiF.) H.C. Evans et al. (wa- tery pod rot), cocoa isolates of Ceratocystis fimbriata Ellis and Halst (wilts), Trachysphaera fructigena Tabor and Bunting (mealy pod agents of cushy gall disease), Oncobasidum theobromae Talbot and Keane (vascular streak die-back), Xyleborus spp. beetles and Acrocercops cramella (Snellen) (cocoa moth). Toddalia spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Trachycarpus spp. (windmill palm) All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Ulmus spp. (elm) (including seeds) Europe ...... Elm mottle virus. Vaccinium spp. plants not meeting Canada ...... Blueberry scorch carlavirus (strains BC–1 and BC– the conditions for importation in 2). § 319.37–5(t). Veitchia spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Vepris spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Vitis spp. (grape) not meeting the All ...... A diversity of diseases including but not limited to conditions for importation in those specified for Vitis in § 319.37–5(b)(1). § 319.37–5(b). Watsonia spp. (bugle lily) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli- buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Watsonia spp. (bugle lily), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.) Wint. (rust). bulbs in commercial shipments. Mauritius, Portugal.

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Quarantine pests existing in the places named and Prohibited article (includes seeds Foreign places from which prohib- capable of being transported with the prohibited arti- only if specifically mentioned) ited cle

Zizania spp. (wild rice) seed only All except Canada ...... Xanthomonas campestris pv. oryzae (Ishiyama) (all other Zizania articles are in- Dye. cluded under Poaceae).

(b) The following listed articles from in § 319.37–5(q), Dracaena spp. plants all foreign places except Canada are from Costa Rica meeting the condi- prohibited articles and are prohibited tions of § 319.37–5(y), and palms and from being imported or offered for plants whose growth habits simulate entry into the United States except as palms) exceeding 460 millimeters (ap- provided in paragraph (c) of this sec- proximately 18 inches) in length from tion: soil line (top of rooting zone for plants (1) Rhododendron spp. (rhododendron produced by air layering) to the far- and azalea) or other genera or species thest terminal growing point and of similar slow growth habit, other whose growth habits simulate the than artificially dwarfed plants meet- woody habits of trees and shrubs, in- ing the conditions in § 319.37–5(q): cluding but not limited to cacti, (i) Exceeding 3 years of age if grown cycads, yuccas, and dracaenas. from seeds or cuttings; or (ii) Palms and plants whose growth (ii) Exceeding 2 years of age after severance from the parent plant if pro- habits simulate palms, that exceed a duced by layers; or total length (stem plus leaves) of 915 (iii) Having more than 3 years’ millimeters (approximately 36 inches) growth from the bud or graft if pro- in length. duced by budding or grafting. (7) Any tree or shrub of a type not (2) Any naturally dwarf or miniature listed above, other than an artificially form of tree or shrub exceeding 305 mil- dwarf plant meeting the conditions in limeters (approximately 12 inches) in § 319.37–5(q), and: length from the soil line. (i) Exceeding 2 years of age if grown (3) Herbaceous perennials (except from seeds or cuttings; or epiphytes) imported in the form of root (ii) Exceeding 1 year of age after sev- crowns or clumps exceeding 102 milli- erance from the parent plant if pro- meters (approximately 4 inches) in di- duced by layers; or ameter. (iii) Having more than 2 years’ (4) Stem cuttings without leaves, growth from the bud or graft if pro- without roots, without sprouts, and duced by budding or grafting. without branches (other than cactus (c) Any article listed as a prohibited cuttings and cuttings of epiphytes) ex- article in paragraph (a) or (b) of this ceeding 102 millimeters (approximately section, and any article listed in ac- 4 inches) in diameter or exceeding 1.83 cordance with § 319.37–2a of this subpart meters (approximately 6 feet) in as an article whose importation is not length; and stem cuttings of epiphytes authorized pending pest risk analysis, with or without aerial roots (without may be imported or offered for entry leaves, without sprouts, and without branches) exceeding 102 millimeters into the United States if: (approximately 4 inches) in diameter or (1) Imported for experimental, thera- exceeding 1.83 meters (approximately 6 peutic, or developmental purposes feet) in length. under the conditions specified in a con- (5) Cactus cuttings (without roots or trolled import permit issued in accord- branches) exceeding 153 millimeters ance with § 319.6; (approximately 6 inches) in diameter or (2) Imported at the National Plant exceeding 1.22 meters (approximately 4 Germplasm Inspection Station, Build- feet) in length. ing 580, Beltsville Agricultural Re- (6)(i) Plants (other than stem search Center East, Beltsville, MD cuttings, cactus cuttings, artificially 20705 or through any Federal plant in- dwarfed plants meeting the conditions spection station listed in § 319.37–14;

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(3) Imported pursuant to a controlled (b) Addition of taxa. A taxon of plants import permit issued for such article for planting may be added to one of the and kept on file at the port of entry; lists of taxa not authorized for impor- (4) Imported under conditions speci- tation pending pest risk analysis under fied on the controlled import permit this section as follows: and found by the Administrator to be (1) Data sheet. APHIS will publish in adequate to prevent the introduction the FEDERAL REGISTER a notice that into the United States of plant pests, announces our determination that a i.e., conditions of treatment, proc- taxon of plants for planting is either a essing, growing, shipment, disposal; quarantine pest or a host of a quar- and antine pest. This notice will make (5) Imported with a controlled import available a data sheet that details the tag or label securely attached to the scientific evidence APHIS evaluated in outside of the container containing the making the determination that the article or securely attached to the arti- taxon is a quarantine pest or a host of cle itself if not in a container, and with a quarantine pest. The data sheet will such tag or label bearing a controlled include references to the scientific evi- import permit number corresponding dence that APHIS used in making the to the number of the controlled import determination. In our notice, we will permit issued for such article. provide for a public comment period of [45 FR 31585, May 13, 1980] a minimum of 60 days on our addition to the list. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 319.37–2, see the List of (2) Response to comments. (i) APHIS CFR Sections Affected, which appears in the will issue a notice after the close of the Finding Aids section of the printed volume public comment period indicating that and at www.fdsys.gov. the taxon will be added to the list of taxa not authorized for importation § 319.37–2a Taxa of regulated plants pending pest risk analysis if: for planting whose importation is not authorized pending pest risk (A) No comments were received on analysis. the data sheet; (a) Determination by the Administrator. (B) The comments on the data sheet The importation of certain taxa of revealed that no changes to the data plants for planting poses a risk of in- sheet were necessary; or troducing quarantine pests into the (C) Changes to the data sheet were United States. Therefore, the importa- made in response to public comments, tion of these taxa is not authorized but the changes did not affect APHIS’ pending the completion of a pest risk determination that the taxon poses a analysis, except as provided in § 319.37– risk of introducing a quarantine pest 2(c). Lists of these taxa may be found into the United States. on the Internet at http:// (ii) If comments present information www.aphis.usda.gov/importlexport/ that leads us to determine that the plants/plantlimports/Q37lnappra.shtml. taxon does not pose a risk of intro- There are two lists of taxa whose im- ducing a quarantine pest into the portation is not authorized pending United States, APHIS will not add the pest risk analysis: A list of taxa of taxon to the list of plants for planting plants for planting that are quarantine whose importation is not authorized pests, and a list of taxa of plants for pending pest risk analysis. APHIS will planting that are hosts of quarantine issue a notice giving public notice of pests. For taxa of plants for planting this determination after the close of that have been determined to be quar- the comment period. antine pests, the list includes the (c) Criterion for listing a taxon of names of the taxa. For taxa of plants plants for planting as a quarantine pest. for planting that are hosts of quar- A taxon will be added to the list of antine pests, the list includes the taxa whose importation is not author- names of the taxa, the foreign places ized pending pest risk analysis if sci- from which the taxa’s importation is entific evidence causes APHIS to deter- not authorized, and the quarantine mine that the taxon is a quarantine pests of concern. pest.

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(d) Criteria for listing a taxon of plants (C) Changes to the pest risk analysis for planting as a host of a quarantine were made in response to public com- pest. A taxon will be added to the list of ments, but the changes did not affect taxa whose importation is not author- the overall conclusions of the analysis ized pending pest risk analysis if sci- and the Administrator’s determination entific evidence causes APHIS to deter- that the importation of the taxon does mine that the taxon is a host of a quar- not pose a risk of introducing a quar- antine pest. The following criteria antine pest into the United States. must be fulfilled in order to make this (ii) If information presented by com- determination: menters indicates that the pest risk (1) The plant pest in question must analysis needs to be revised, APHIS be determined to be a quarantine pest; will issue a notice after the close of the and public comment period indicating that (2) The taxon of plants for planting the importation of the taxon will con- must be determined to be a host of that tinue to be listed as not authorized quarantine pest. pending pest risk analysis while the in- (e) Removing a taxon from the list of formation presented by commenters is taxa not authorized pending pest risk analyzed and incorporated into the analysis. (1) Requests to remove a pest risk analysis. APHIS will subse- taxon from the list of taxa not author- quently publish a new notice announc- ized pending pest risk analysis must be ing the availability of the revised pest made in accordance with § 319.5 of this risk analysis. part. APHIS will conduct a pest risk (4) APHIS may also remove a taxon analysis in response to such a request. from the list of taxa whose importation The pest risk analysis will examine the is not authorized pending pest risk risk associated with the importation of analysis when APHIS determines that that taxon. the evidence used to add the taxon to (2) If the pest risk analysis supports the list was erroneous (for example, in- a determination that importation of volving a taxonomic the taxon be prohibited or allowed sub- misidentification). ject to special restrictions, such as a systems approach, treatment, or [76 FR 31208, May 27, 2011] postentry quarantine, APHIS will pub- § 319.37–3 Permits. lish a proposed rule making the pest risk analysis available to the public (a) The restricted articles (other than and proposing to take the action rec- articles for food, analytical, medicinal, ommended by the pest risk analysis. or manufacturing purposes) in any of (3) If the pest risk analysis supports the following categories may be im- a determination that importation of ported or offered for importation into the taxon be allowed subject to the the United States only after issuance general restrictions of this subpart, of a written permit by the Plant Pro- APHIS will publish a notice announc- tection and Quarantine Programs in ing our intent to remove the taxon accordance with §§ 319.7 through 319.7–5: from the list of taxa whose importation (1) Lots of 13 or more articles (other is not authorized pending pest risk than seeds of herbaceous plants, analysis and making the pest risk anal- precleared bulbs of a taxon approved by ysis supporting the taxon’s removal APHIS for preclearance, or sterile cul- available for public review. tures of orchid plants) from any coun- (i) APHIS will issue a notice after the try or locality except Canada; close of the public comment period in- (2) Seeds of non-herbaceous plants, dicating that the importation of the such as trees and shrubs, from any taxon will be subject only to the gen- country or locality except Canada; eral restrictions of this subpart if: (3) Articles subject to the require- (A) No comments were received on ments of § 319.37–5; the pest risk analysis; (4) Articles subject to the postentry (B) The comments on the pest risk quarantine conditions of § 319.37–7; analysis revealed that no changes to (5) Small lots of seed imported in ac- the pest risk analysis were necessary; cordance with § 319.37–4(d) of this sub- or part;

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(6) Articles subject to treatment and if such a permit is issued, the regulated other requirements of § 319.37–6; article may be imported only if all ap- (7) Seed of herbaceous plants for plicable requirements of this subpart planting that is coated, pelleted, or are met and only if an inspector at the embedded in a substrate that obscures port of entry determines that no reme- visibility; dial measures pursuant to the Plant (8) Articles (except seeds) of Malus Protection Act are necessary with re- spp. (apple, crabapple), Pyrus spp. spect to the regulated article. 4 (pear), Prunus spp., Cydonia spp. (d) Any permit that has been issued (quince), Chaenomeles spp. (flowering may be revoked by an inspector or quince), Rubus spp. (cloudberry, black- APHIS in accordance with § 319.7–4. berry, boysenberry, dewberry, logan- (e) Persons wishing to import re- berry, raspberry), and Vitis spp. (grape) stricted articles into the United States from Canada; for experimental, therapeutic, or devel- (9) Articles (except seeds) of Fraxinus opmental purposes must apply for a spp. (ash) from counties or municipal controlled import permit in accordance regional counties in Canada that are with § 319.6. not regulated for emerald ash borer (f) The importation of restricted arti- (EAB) but that are within an EAB-reg- cles required to be grown under the ulated Province or Territory and are postentry quarantine provisions of not prohibited under § 317.37–2; § 319.37–7 must be authorized by a con- (10) Articles (except seeds) of Pinus trolled import permit obtained in ac- spp. from Canada; and cordance with § 319.6. (11) Solanum tuberosum true seed from New Zealand and the X region of Chile (Approved by the Office of Management and (that area of Chile between 39° and 44° Budget under control number 0579–0049) South latitude—see § 317.37–5(o)); [45 FR 31585, May 13, 1980, as amended at 48 (b) An application for a written per- FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, mit should be submitted to the Plant 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, Protection and Quarantine Programs Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001; 69 FR (Animal and Plant Health Inspection 61586, Oct. 20, 2004; 71 FR 19101, Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR 43518, Aug. 6, Service, Plant Protection and Quar- 2007; 78 FR 25570, May 2, 2013; 79 FR 19810, antine, 4700 River Road Unit 136, River- Apr. 10, 2014; 79 FR 74589, Dec. 16, 2014] dale, MD 20737–1236) at least 30 days prior to the arrival of the article at the § 319.37–4 Inspection, treatment, and port of entry. The completed applica- phytosanitary certificates of inspec- tion must contain the following infor- tion. mation: (a) Phytosanitary certificates of inspec- (1) Name, address, and telephone tion. Any restricted article offered for number of the importer; importation into the United States (2) Approximate quantity and kinds must be accompanied by a (botanical designations) of articles in- phytosanitary certificate, unless the tended to be imported; article is explicitly exempted from this (3) Country(ies) or locality(ies) where requirement in the paragraphs below. grown; The phytosanitary certificate must (4) Intended United States port of identify the genus of the article it ac- entry; companies. When the regulations in (5) Means of transportation, e.g., this subpart place restrictions on indi- mail, airmail, express, air express, vidual species or cultivars within a freight, airfreight, or baggage; and genus, the phytosanitary certificate (6) Expected date of arrival. must also identify the species or (c) A permit indicating the applicable cultivar of the article it accompanies. conditions for importation under this subpart will be issued by Plant Protec- 4 tion and Quarantine Programs if, after An inspector may hold, seize, quarantine, treat, apply other remedial measures to, review of the application, the articles destory, or otherwise dispose of plants, plant are deemed eligible to be imported into pests, or other articles in accordance with the United States under the conditions sections 414, 421, and 434 of the Plant Protec- specified in the permit. However, even tion Act (7 U.S.C. 7714, 7731, and 7754).

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If the plant is grafted, budded, or oth- of first arrival and/or under erwise contains interpolated plant preclearance inspection arrangements parts, the phytosanitary certificate in the country in which the article was must list the identity of any plant grown, and must undergo any treat- parts (e.g., scion, rootstock, or ment contained in part 305 of this chap- interstem) that belong to restricted ter that is ordered by the inspector. taxa to the lowest regulated taxon, Any restricted article found upon in- e.g., genus, species, or cultivar. Other- spection to contain or be contaminated wise, identification of the species is with plant pests, that cannot be elimi- strongly preferred, but not required. nated by treatment, shall be denied Intergeneric and interspecific hybrids entry at the first United States port of must be designated by placing the mul- arrival. tiplication sign ‘‘x’’ between the names (c) Greenhouse-grown plants from Can- of the parent taxa. ada. With the exception of Fraxinus (1) Greenhouse-grown plants from spp. (ash) plants, a greenhouse-grown Canada imported in accordance with paragraph (c) of this section. These restricted plant may be imported from plants must be accompanied by a cer- Canada if the Plant Health and Produc- tificate of inspection in the form of a tion Division of the Canadian Food In- label in accordance with paragraph spection Agency (CFIA) signs a written (c)(1)(iv) of this section attached to agreement with the Animal and Plant each carton of the articles and to an Health Inspection Service allowing airway bill, bill of lading, or delivery such importation, and provided that ticket accompanying the articles. the following conditions are met: (2) Small lots of seed imported in ac- (1) The Plant Health and Production cordance with paragraph (d) of this sec- Division of CFIA shall: tion. (i) Eliminate individual inspections (3) Seeds from Canada imported in and phytosanitary certification of each accordance with paragraph (e) of this shipment of articles exported in ac- section. Each carton of seed must be cordance with this section; labeled as required by paragraph (ii) Enter into written agreements (e)(2)(ii) of this section. Each shipment with, and assign a unique identifica- of seed must be accompanied by the tion number to, each greenhouse grow- documents in paragraphs (e)(2)(iii)(A) er participating in the greenhouse pro- and (e)(2)(iii)(B) of this section, as nec- gram; essary. (iii) Inspect greenhouses and the (4) Small packages of bulbs offered to plants being grown in them using in- travelers returning from the Nether- spection methods and schedules ap- lands accompanied by a special certifi- proved by Plant Protection and Quar- cate that lists a serial number, the sci- antine to ensure that the criteria of entific name of the bulb, the country of its origin, and a date on which the spe- this subsection are met; cial certificate expires. The serial num- (iv) Issue labels to each grower par- ber must refer to a phytosanitary cer- ticipating in the program. The labels tificate issued, held, and retrievable issued to each grower shall bear a upon request by the national plant pro- unique number identifying that grow- tection organization of the Nether- er, and shall bear the following state- lands. The expiration date must be ment: ‘‘This shipment of greenhouse- within 6 weeks after the issuance of the grown plants meets the import require- phytosanitary certificate held by the ments of the United States, and is be- national plant protection organization lieved to be free from injurious plant of the Netherlands. Shipments of bulbs pests. Issued by Plant Health and Pro- from the Netherlands accompanied by duction Division, Canadian Food In- this certificate may be imported into spection Agency.’’ The Plant Health the United States without preclearance and Production Division, CFIA, shall by APHIS. also ensure that the label is placed on (b) Inspection and treatment. Any re- the airway bill, bill of lading, or deliv- stricted article must be presented for ery ticket accompanying each ship- inspection by an inspector at the port ment of articles; and

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(v) Ensure that only plants that are meets the requirements of part 361 of not excluded shipment by the criteria this chapter. of this subsection are shipped. (3) The seed meets the following (2) Each greenhouse grower partici- packaging and shipping requirements: pating in the program shall enter into (i) Each seed packet is clearly labeled an agreement with the Plant Health with the name of the collector/shipper, and Production Division of CFIA in the country of origin, and the scientific which the grower agrees to: name at least to the genus, and pref- (i) Maintain records of the kinds and erably to the species, level; quantities of plants grown in their (ii) There are a maximum of 50 seeds greenhouses, including the date of re- of 1 taxon (taxonomic category such as ceipt and place of origin of the plants; genus, species, cultivar, etc.) per pack- keep the records for at least 1 year et; or a maximum weight not to exceed after the plants are shipped to the 10 grams of seed of 1 taxon per packet; United States; and make the records (iii) There are a maximum of 50 seed available for review and copying upon packets per shipment; request by either the Plant Health and (iv) The seeds are free from pes- Production Division of CFIA or an au- ticides; thorized representative of the Sec- (v) The seeds are securely packaged retary of Agriculture; in packets or envelopes and sealed to (ii) Apply to an airway bill, bill of prevent spillage; lading, or delivery ticket for plants to (vi) The shipment is free from soil, be shipped to the United States a label plant material other than seed, other issued by CFIA that includes the iden- foreign matter or debris, seeds in the tification number assigned to the grow- fruit or seed pod, and living organisms er by the Plant Health and Production such as parasitic plants, pathogens, in- Division, CFIA, and the following cer- sects, snails, mites; and tification statement: ‘‘This shipment (vii) At the time of importation, the of greenhouse grown plants meets the shipment is sent to either the Plant import requirements of the United Germplasm Quarantine Center in States and is believed to be free from Beltsville, MD, or a port of entry listed injurious plant pests. Issued by Plant in § 319.37–14(b) and designated by an Health and Production Division, Cana- asterisk. dian Food inspection Agency.’’; and (e) Certain seeds from Canada. Seeds (iii) Use pest control practices ap- imported from Canada may be im- proved by Plant Protection and Quar- ported without a phytosanitary certifi- antine and the Plant Health and Pro- cate if the following conditions are duction Division of CFIA to exclude met: pests from the greenhouses. (1) The Canadian Food Inspection (d) Small lots of seed. Lots of seed may Agency shall: be imported without a phytosanitary (i) Establish and administer a seed certificate required by paragraph (a) of export program under which Canadian this section under the following condi- exporters of seed may operate; tions: (ii) Assign a unique identification (1) The importation of the seed is au- number to each exporting establish- thorized by a written permit issued in ment enrolled in and approved by the accordance with § 319.37–3. seed inspection program; (2) The seed is not of any prohibited (iii) Provide APHIS with a current genera listed in § 319.37–2; is not listed list of the establishments participating as not authorized pending pest risk in its seed export program and their analysis, as provided in § 319.37–2a; is names, locations, telephone numbers, not of any noxious weed species listed and establishment identification num- in part 360 of this chapter; does not re- bers at the start of the shipping season, quire an additional declaration on a and provide regular updates to that list phytosanitary certificate in accord- throughout the shipping season; ance with § 319.37–5; does not require (iv) Enter into an agreement with treatment in accordance with § 319.37–6; APHIS that specifies the documents is not restricted under the regulations that must accompany shipments of in parts 330 and 340 of this chapter; and seeds under the seed export program:

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(A) Agricultural and vegetable seeds, § 319.37–5 Special foreign inspection as listed in the Federal Seed Act regu- and certification requirements. lations in part 361 of this chapter, must (a) Any restricted article (except be accompanied by a document certi- seeds, unrooted cuttings, and articles fying that the relevant provisions of declared solely for food, analytical, or the Federal Seed Act have been fol- manufacturing purposes) from Albania, lowed; Algeria, Argentina, Armenia, Aus- (B) Other seeds must be accompanied tralia, Austria, Azerbaijan, Azores, by a document certifying that the Belarus, Belgium, Bolivia, Bulgaria, seeds have been inspected. Canada (all areas regulated by the na- (2) Each seed exporter participating tional plant protection organization of in the seed export program shall enter Canada for potato cyst nematodes), into an agreement with the Canadian Channel Islands, Chile, Columbia, Food Inspection Agency in which the Costa Rica, Crete, Croatia, Cyprus, exporter agrees to: Czech Republic, Denmark (including (i) Practice any and all safeguards Faeroe Islands), Ecuador, Egypt, Esto- the Canadian Food Inspection Agency nia, Falkland Islands, Finland, France, may prescribe in order to ensure that Georgia, Germany, Great Britain, seed exported to the United States is Greece, Guernsey, Hungary, Iceland, free of plant pests and that seed that India, Indonesia, Ireland, Italy, Japan, does not meet the requirements for ex- Jersey, Jordan, Kazakhstan, portation to the United States is sepa- Kyrgyzstan, Latvia, Lebanon, Libya, rated from seed that does; Liechtenstein, Lithuania, Luxembourg, (ii) Include an export certification Malta, Mexico, Republic of Moldova, document with each shipment indi- Morocco, the Netherlands, New Zea- cating the common name of the seed, land, Northern Ireland, Norway, Paki- the country of origin of the seed, the stan, Panama, Peru, the Philippines, establishment identification number Poland, Portugal (including Madeira), assigned to the exporting establish- Romania, Russian Federation, Serbia ment under the Canadian Food Inspec- and Montenegro, Sierra Leone, Slo- tion Agency’s seed export program, and vakia, Slovenia, South Africa, Spain the lot number in addition to all other (including Canary Islands and information required to be present by Mallorca), Sri Lanka, Sweden, Switzer- § 361.3 of this chapter. land, Tajikistan, Tunisia, Turkey, (iii) Include other shipping docu- Turkmenistan, Ukraine, Uzbekistan, ments as required with each shipment: and Venezuela must be accompanied by (A) Shipments of agricultural and a phytosanitary certificate of inspec- vegetable seeds, as listed in the Fed- tion with an additional declaration ei- eral Seed Act, must be accompanied by ther: a document certifying that the rel- (1) That the article was grown on evant provisions of the Federal Seed land or in a substrate which has been Act regulations in part 361 of this chap- microscopically inspected by the na- ter have been followed, as agreed upon tional plant protection organization of by the Canadian Food Inspection Agen- the country in which it was grown cy and APHIS; within 12 months preceding issuance of (B) Shipments of other seeds must be the certificate and found free from po- accompanied by a document certifying tato cyst nematodes, Globodera that the seeds have been inspected, as rostochiensis (Woll.) Behrens and G. agreed upon by the Canadian Food In- pallida (Stone) Behrens; or spection Agency and APHIS. (2) That the article has been grown within a secure environment in a pro- (Approved by the Office of Management and Budget under control numbers 0579–0285 and duction area that is free of potato cyst 0579–0279) nematodes, in a soilless growing me- dium, or in vitro, and has never been [57 FR 43148, Sept. 18, 1992, as amended at 67 grown in soil nor come in contact with FR 8465, Feb. 25, 2002; 68 FR 50045, Aug. 20, 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, soil. Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR (b)(1)(i) Restricted articles (except 43518, Aug. 6, 2007; 76 FR 31209, May 27, 2011; seeds) of Chaenomeles spp. (flowering 79 FR 74590, Dec. 16, 2014] quince) or Cydonia spp. (quince) from

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Canada, at the time of arrival at the mination by the national plant protec- port of first arrival in the United tion organization that the article is States, must be accompanied by a free of these pathogens will be based on phytosanitary certificate that contains visual examination and indexing of the an additional declaration that the arti- parent stock of the article and inspec- cle was grown in a nursery in Canada tion of the nursery where the re- and that the article was found by the stricted article is grown to determine national plant protection organization that the nursery is free of the specified of Canada to be free of the injurious pathogens. An additional declaration plant pathogens listed in paragraphs on the phytosanitary certificate of in- (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and spection by the national plant protec- (xxi) of this section. The determination tion organization that a pathogen does by the national plant protection orga- not occur in the country in which the nization that the article is free of these article is grown may be used in lieu of pathogens will be based on visual ex- visual examination and indexing of the amination and indexing of the parent parent stock for that pathogen and in- stock of the article and inspection of spection of the nursery. Finally, for ar- the nursery where the restricted arti- ticles containing more than one plant cle is grown to determine that the part (e.g., grafted or budded plants), if nursery is free of the specified patho- the scion, interstem, rootstock, or any gens. An additional declaration on the other plant part of the finished plant phytosanitary certificate of inspection that is offered for importation belongs by the national plant protection orga- to a taxon listed within this paragraph nization that a pathogen does not as a regulated taxon, the additional occur in Canada may be used in lieu of declaration must address the quar- visual examination and indexing of the antine pests and related restrictions parent stock for that pathogen and in- associated with that taxon. The addi- spection of the nursery. Finally, for ar- tional declaration must list all plant ticles containing more than one plant parts of regulated taxa that have been part (e.g., grafted or budded plants), if incorporated into the finished plant. the scion, interstem, rootstock, or any (iii) Restricted articles (except seeds) other plant part of the finished plant of Prunus spp. (almond, apricot, cherry, that is offered for importation belongs cherry laurel, English laurel, nec- to a taxon listed within this paragraph tarine, peach, plum, prune) not suscep- as a regulated taxon, the additional tible to plum pox ( =Sharka) potyvirus declaration must address the quar- (P. avium, P. cerasus, P. effusa, P. antine pests and related restrictions laurocerasus, P. mahaleb, P. padus, P. associated with that taxon. The addi- sargentii, P. serotina, P. serrula, P. tional declaration must list all plant serrulata, P. subhirtella, P. yedoensis, parts of regulated taxa that have been and P. virginiana) from Canada or the incorporated into the finished plant. Netherlands, at the time of arrival at (ii) Restricted articles (except seeds) the port of first arrival in the United of Malus spp. (apple, crabapple) from States, must be accompanied by a Belgium, Canada, France, Germany, or phytosanitary certificate that contains the Netherlands, at the time of arrival an additional declaration that the arti- at the port of first arrival in the cle was grown in a nursery in Canada United States, must be accompanied by or the Netherlands and that the article a phytosanitary certificate that con- was found by the national plant protec- tains an additional declaration that tion organization of the country in the article was grown in a nursery in which it was grown to be free of the in- Belgium, Canada, France, Germany, or jurious plant pathogens listed in para- the Netherlands, and that the article graphs (b)(5)(i), (x) through (xvii), was found by the national plant protec- (xxii), and (xliii) of this section. The tion organization of the country in determination by the national plant which it was grown to be free of the in- protection organization that the arti- jurious plant pathogens listed in para- cle is free of these pathogens will be graphs (b)(5)(i), (ii), (iii), (vi), (vii), based on visual examination and index- (viii), (xxii), (xxiii), (xl), (xli), (xlii), ing of the parent stock of the article and (xliii) of this section. The deter- and inspection of the nursery where

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the restricted article is grown to deter- that is offered for importation belongs mine that the nursery is free of the to a taxon listed within this paragraph specified pathogens. An additional dec- as a regulated taxon, the additional laration on the phytosanitary certifi- declaration must address the quar- cate of inspection by the national plant antine pests and related restrictions protection organization that a patho- associated with that taxon. The addi- gen does not occur in the country in tional declaration must list all plant which the article is grown may be used parts of regulated taxa that have been in lieu of visual examination and in- incorporated into the finished plant. dexing of the parent stock for that (v) Restricted articles (except seeds) pathogen and inspection of the nurs- of Vitis spp. (grape) from Canada, at the ery. Finally, for articles containing time of arrival at the port of first ar- more than one plant part (e.g., grafted rival in the United States, must be ac- or budded plants), if the scion, companied by a phytosanitary certifi- interstem, rootstock, or any other cate that contains an additional dec- plant part of the finished plant that is laration that the article was grown in offered for importation belongs to a a nursery in Canada and that the arti- taxon listed within this paragraph as a cle was found by the national plant regulated taxon, the additional dec- protection organization of Canada to laration must address the quarantine be free of the injurious plant pathogens pests and related restrictions associ- listed in paragraphs (b)(5)(xiv) through ated with that taxon. The additional (xvii) and (xxiv) through (xxxix) of this declaration must list all plant parts of section. The determination by the na- regulated taxa that have been incor- tional plant protection organization porated into the finished plant. that the article is free of these patho- (iv) Restricted articles (except seeds) gens will be based on visual examina- of Pyrus spp. (pear) from Canada, at the tion and indexing of the parent stock time of arrival at the port of first ar- of the article and inspection of the rival in the United States, must be ac- nursery where the restricted article is companied by a phytosanitary certifi- grown to determine that the nursery is cate that contains an additional dec- free of the specified pathogens. An ad- laration that the article was grown in ditional declaration on the a nursery in Canada and that the arti- phytosanitary certificate of inspection cle was found by the national plant by the national plant protection orga- protection organization of Canada to nization that a pathogen does not be free of the injurious plant pathogens occur in Canada may be used in lieu of listed in paragraphs (b)(5)(i), (ii), (iv), visual examination and indexing of the (v), (xviii), (xix), (xx), (xliii), and (xliv) parent stock for that pathogen and in- of this section. The determination by spection of the nursery. Finally, for ar- the national plant protection organiza- ticles containing more than one plant tion that the article is free of these part (e.g., grafted or budded plants), if pathogens will be based on visual ex- the scion, interstem, rootstock, or any amination and indexing of the parent other plant part of the finished plant stock of the article and inspection of that is offered for importation belongs the nursery where the restricted arti- to a taxon listed within this paragraph cle is grown to determine that the as a regulated taxon, the additional nursery is free of the specified patho- declaration must address the quar- gens. An additional declaration on the antine pests and related restrictions phytosanitary certificate of inspection associated with that taxon. The addi- by the national plant protection orga- tional declaration must list all plant nization that a pathogen does not parts of regulated taxa that have been occur in Canada may be used in lieu of incorporated into the finished plant. visual examination and indexing of the (2) Budwood of Prunus spp. suscep- parent stock for that pathogen and in- tible to plum pox (=Sharka) potyvirus spection of the nursery. Finally, for ar- (species other than P. avium, P. cerasus, ticles containing more than one plant P. effusa, P. laurocerasus, P. mahaleb, P. part (e.g., grafted or budded plants), if padus, P. sargentii, P. serotina, P. the scion, interstem, rootstock, or any serrula, P. serrulata, P. subhirtella, P. other plant part of the finished plant yedoensis, and P. virginiana) and grown

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in the Netherlands may be imported nursery. Finally, if any part of the ar- into the United States only if it is ac- ticle is not from Canada, but rather companied by a phytosanitary certifi- from a third country, that article must cate with an additional declaration meet the entry requirements of this that the original parent stock (nuclear subpart as if the article had been di- stock) has been indexed and found free rectly imported into the United States of pathogens in paragraphs (b)(5)(i), (ix) from that third country. through (xvii), (xxii), (xliii), and (xliv) (4)(i) Seeds of Prunus spp. susceptible of this section by the appropriate na- to plum pox (=Sharka) potyvirus (spe- tional fruit tree certification program, cies other than P. avium, P. cerasus, P. and only if the original parent stock effusa, P. laurocerasus, P. mahaleb, P. from which the budwood is taken is padus, P. sargentii, P. serotina, P. produced within a secure, enclosed, serrula, P. serrulata, P. subhirtella, P. APHIS-approved pest-exclusionary fa- yedoensis, and P. virginiana) from Bel- cility within a national plant protec- gium, Canada, France, Germany, Great tion organization-operated or -ap- Britain, or the Netherlands shall, at proved nuclear stock program where the time of arrival at the port of first the parent stock is maintained in a arrival at the United States, be accom- pathogen-free state. panied by a phytosanitary certificate (3) Restricted articles, except seeds, of inspection containing accurate addi- of Prunus spp. susceptible to plum pox tional declarations that: (=Sharka) potyvirus (species other (A) The seeds are from parent stock than P. avium, P. cerasus, P. effusa, P. grown in a nursery in Belgium, Canada, laurocerasus, P. mahaleb, P. padus, P. France, Germany, Great Britain, or the sargentii, P. serotina, P. serrula, P. Netherlands that is free of plum pox serrulata, P. subhirtella, P. yedoensis, (=Sharka) potyvirus; and and P. virginiana) from Canada must be (B) The seeds have been found by the accompanied by a phytosanitary cer- national plant protection organization tificate that contains an additional of the country in which they are pro- declaration that the article was grown duced to be free of plum pox (=Sharka) in a nursery in Canada, that the article potyvirus based on the testing of par- was found by the national plant protec- ent stock by visual examination and tion organization of Canada to be free indexing. of the injurious plant pathogens listed (ii) Seeds of Prunus spp. susceptible in paragraphs (b)(5)(i), (ix) through to plum pox (=Sharka) potyvirus (spe- (xvii), (xxii), (xliii), and (xliv) of this cies other than P. avium, P. cerasus, P. section, and that the article was grown effusa, P. laurocerasus, P. mahaleb, P. in an area that has been surveyed and padus, P. sargentii, P. serotina, P. found free of plum pox (=Sharka) serrula, P. serrulata, P. subhirtella, P. potyvirus according to a surveying pro- yedoensis, and P. virginiana) from all tocol mutually agreed upon by APHIS countries except for the countries of and the national plant protection orga- Europe, Argentina, Canada, Chile, Cy- nization of Canada. The determination prus, Japan, Syria, and Turkey, shall, by the national plant protection orga- at the time of arrival at the port of nization of Canada that the article is first arrival, be accompanied by a free of these pathogens will be based on phytosanitary certificate of inspection, visual examination and indexing of the containing an accurate additional dec- parent stock of the article and inspec- laration that plum pox (=Sharka) tion of the nursery where the re- potyvirus does not occur in the coun- stricted article is grown to determine try in which the seeds were produced. that the nursery is free of the specified The importation of seeds of Prunus spp. pathogens. An additional declaration susceptible to plum pox (=Sharka) on the phytosanitary certificate of in- potyvirus (species other than P. avium, spection by the national plant protec- P. cerasus, P. effusa, P. laurocerasus, P. tion organization of Canada that a mahaleb, P. padus, P. sargentii, P. pathogen does not occur in Canada serotina, P. serrula, P. serrulata, P. may be used in lieu of visual examina- subhirtella, P. yedoensis, and P. tion and indexing of the parent stock virginiana) from Belgium, Canada, for that pathogen and inspection of the France, Germany, Great Britain, and

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the Netherlands is authorized subject (xxiii) Apple ringspot agent (Apple to the conditions of paragraph (b)(4)(i) thumb mark, Thumb mark, Apple Hen- of this section. The importation of derson spot agent). seeds of Prunus spp. susceptible to (xxiv) The following nematode trans- plum pox (=Sharka) potyvirus (species mitted viruses: Artichoke Italian la- other than P. avium, P. cerasus, P. tent virus, Grapevine Bulgarian latent effusa, P. laurocerasus, P. mahaleb, P. virus, Grapevine fanleaf virus and its padus, P. sargentii, P. serotina, P. strains, and Hungarian chrome mosaic serrula, P. serrulata, P. subhirtella, P. virus. yedoensis, and P. virginiana) from all (xxv) Grapevine asteroid mosaic other countries in Europe, as well as agent. Argentina, Chile, Cyprus, Japan, Syria, (xxvi) Grapevine Bratislava mosaic and Turkey, is prohibited. virus. (5) List of pathogens: (xxvii) Grapevine chasselas latent (i) Monilinia fructigena (Aderh. & agent. Ruhl.) Honey (Brown rot of fruit). (xxviii) Grapevine little leaf agent. (ii) Guignardia piricola (Nose) (xxix) Grapevine vein mosaic agent. Yamomoto (Leaf, branch, and fruit dis- (xxx) Grapevine vein necrosis agent. ease). (xxxi) Flavescence-doree (iii) Apple proliferation phytoplasma. phytoplasma. (iv) Pear blister canker apscaviroid. (xxxii) Black wood phytoplasma (v) Pear bud drop virus. (bois-noir). (vi) Diaporthe mali Bres. (Leaf, (xxxiii) Grapevine infectious necrosis branch, and fruit fungus). bacterium. (vii) Apple green crinkle agent (Apple (xxxiv) Xanthomonas ampelina false sting virus). Panagopoulas. (viii) Apple chat fruit agent (Apple (xxxv) Peyronellaea glomerata Ciferri. small fruit). (xxxvi) Pseudopeziza tracheiphila (ix) Plum pox (=Sharka) potyvirus Muller-Thur-gau. and its strains. (xxxvii) Rhacodiella vitis Sterenberg. (x) Cherry leaf roll nepovirus (Elm (xxxviii) Rosellinia necatrix Prill. mosaic virus, golden elderberry virus). (xxxix) Septoria melanosa (Vialla and (xi) European cherry rusty mottle Ravav) Elenk. virus. (xl) Apple fruit crinkle apscaviroid. (xii) European stone fruit yellows (xli) Apple dimple fruit apscaviroid. phytoplasma (Apricot chlorotic leaf (xlii) Apple scar skin apscaviroid. roll agent). (xliii) Monilinia polystroma. (xiii) Plum bark split trichovirus. (xliv) Apricot pseudo-chlorotic leaf (xiv) Arabis mosaic nepovirus and its spot trichovirus. strains. (c) Any restricted article (except (xv) Raspberry ringspot nepovirus seeds) of Chrysanthemum spp. (chrysan- (European cherry rasp leaf) and its themum, includes Dendranthema spp.), strains. Leucanthemella serotina, or (xvi) Tomato blackring nepovirus Nipponathemum nipponicum, from a for- (Myrobalan latent ringspot, peach eign place except Asia, Europe, South shoot stunting) and its strains. America, Australia, Mexico, New Zea- (xvii) Strawberry latent ringspot land, Oceania (Melanesia, Micronesia, sadwavirus (Peach willow leaf rosette, and Polynesia), Republic of South Afri- Court noue) and its strains. ca, and Tunisia shall, at the time of ar- (xviii) Quince sooty ringspot agent. rival at the port of first arrival in the (xix) Quince yellow blotch agent United States, be accompanied by a (Pear yellow blotch agent, Apple rub- phytosanitary certificate of inspection. bery wood phytoplasma). The phytosanitary certificate of in- (xx) Quince stunt agent. spection must contain a declaration (xxi) Gymnosporangium asiaticum that the article was grown in a green- Miyabe ex. Yamada (Rust). house nursery and found by the na- (xxii) Valsa mali Miyabe and Yamada tional plant protection organization of ex. Miura (Branch canker fungus). the country in which the article was

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grown to be free of white rust of chrys- examination and indexing of the parent anthemum (caused by the rust fungus stock. 5 Puccinia horiana P. Henn.) based on vis- (f) Any restricted article (except ual examination of parent stock, the seeds) of Rubus spp. (cloudberry, black- articles for importation, and the green- berry, boysenberry, dewberry, logan- house nursery in which the articles for berry, raspberry) from Europe at the importation and the parent stock were time of arrival at the port of first ar- grown, once a month for 4 consecutive rival in the United States shall be ac- months immediately prior to importa- companied by a phytosanitary certifi- tion. Such articles are also subject to cate of inspection which shall contain the postentry quarantine requirements an accurate additional declaration that such article was found by the plant of § 319.37–7. protection service of the country of or- (d) Any restricted article (except igin to be free of Rubus stunt agent seeds) of Dianthus spp. (carnation, based on visual examination and index- sweet-william) from Great Britain or ing of the parent stock. the Netherlands shall be grown under (g) Any seed of Cocos nucifera (coco- postentry quarantine conditions speci- nut) at the time of arrival at the port fied in § 319.37–7(c) unless at the time of of first arrival in the United States arrival at the port of first arrival in shall be accompanied by a the United States the phytosanitary phytosanitary certificate of inspection certificate of inspection accompanying which shall contain an accurate addi- such article contains an accurate addi- tional declaration that such seed was tional declaration that such article found by the plant protection service of was grown in a greenhouse nursery in Costa Rica or of Jamacia to be of Ma- Great Britain or the Netherlands and layan dwarf variety or Maypan variety found by the plant protection service of (=F1 hybrid, Malayan Dwarf × Panama Great Britain or the Netherlands to be Tall) (which are resistant to lethal free from injurious plant diseases yellowing disease) based on visual ex- caused by Phialophora cinerescens (Wr.) amination of the parent stock. van Beyma (=Verticillium cinerescens (h) Any restricted article of Fragaria Wr.), carnation etched ring virus, car- spp. (strawberry) from Israel is prohib- nation ‘‘streak’’ virus, and carnation ited as specified in § 319.37–2(a) unless at the time of arrival at the port of ‘‘fleck’’ virus, based on visual examina- first arrival in the United States the tion of the parent stock, of the articles phytosanitary certificate accom- for importation, and of the greenhouse panying the article of Fragaria spp. nursery in which the articles for im- contains an additional declaration that portation and the parent stock are stipulates that the parent stock was grown, once a month for 4 consecutive found free of red stele disease pathogen months immediately prior to importa- as well as any other damaging straw- tion, and based on indexing of the par- berry pathogens, based on visual in- ent stock. spection and indexing. (e) Any restricted article (except (i) Any restricted article of Syringa seeds) of Rubus spp. (cloudberry, black- spp. (lilac) from the Netherlands is pro- berry, boysenberry, dewberry, logan- hibited as specified in § 319.37–2(a) un- berry, raspberry) from Canada, shall be less, at the time of arrival at the port grown under postentry quarantine con- of first arrival in the United States, ditions specified in § 319.37–7 unless at the phytosanitary certificate accom- the time of arrival at the port of first panying the article of Syringa spp. arrival in the United States the (lilac) contains a declaration that stip- phytosanitary certificate of inspection ulates that the parent stock was found accompanying such article contains an free of quarantine pests by inspection accurate additional declaration that and indexing and that the Syringa spp. such article was found by the plant (lilac) to be imported were propagated protection service of Canada to be free either by rooting cuttings from indexed of Rubus stunt agent based on visual 5 Such testing is done under a Raspberry Plant Certification Program of Canada.

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parent plants or by grafting indexed A. palmatum or A. japonicum, and unless parent plant material on seedling the article is subject to the postentry rootstocks, and were grown in: quarantine requirements of § 319.37–7(a). (1) Fumigated soil (fumigated by ap- (n) Any restricted article of Howea plying 400 to 870 pounds of methyl bro- spp. (sentry palm) from Australia or mide per acre and covering the soil New Zealand, is prohibited as specified with a tarpaulin for 7 days) in a field at in § 319.37–2(a) unless at the time of ar- least 3 meters from the nearest non- rival at the port of first arrival in the indexed Syringa spp. (lilac), or United States the phytosanitary cer- (2) Soil that has been sampled and tificate accompanying the article of microscopically inspected by the plant Howea spp. contains both a declaration protection service of the Netherlands of origin and a declaration stipulating within 12 months preceding issuance of that the Howea is free of the lethal the phytosanitary certificate and that yellowing pathogen and the cadang- has been found free of the plant para- cadang pathogen, as well as any other sitic nematodes capable of transmit- damaging palm pathogens, based on ting European nepoviruses, including, visual inspection. but not limited to, the Arabis mosaic (o) Any Solanum tuberosum true seed nepovirus. imported from Chile shall, at the time (j) [Reserved] of arrival at the port of first arrival in (k) Any restricted article of Acca the United States, be accompanied by a sellowiana (O. Berg) Burret(feijoa, pine- phytosanitary certificate of inspection apple guava) from New Zealand shall issued in Chile by the Servicio Agricola undergo postentry quarantine in ac- y Ganadero (SAG), containing addi- cordance with § 319.37–7 unless the arti- tional declarations that: cle, at the time of arrival at the port of (1) The Solanum spp. true seed was first arrival in the United States, is ac- produced by Solanum plants that were companied by a phytosanitary certifi- propagated from plantlets from the cate of inspection, containing an accu- United States; rate additional declaration that New (2) The Solanum plants that produced Zealand is free of Monilinia fructigena. the Solanum tuberosum true seed were (l) Any restricted article of Gladiolus, grown in the Tenth (X) Region of Chile Watsonia or Crocosmia spp. from Lux- (that area of the country between 39° embourg or Spain shall, at the time of and 44° South latitude); and arrival at the port of first arrival in (3) Solanum tuberosum tubers, plants, the United States, be accompanied by a and true seed from each field in which phytosanitary certificate of inspection, the Solanum plants that produced the containing accurate additional declara- Solanum tuberosum true seed were tions that: grown have been sampled by SAG once (1) The plants were grown in a dis- per growing season at a rate to detect ease free environment in a greenhouse; 1 percent contamination with a 99 per- (2) The plants were subjected to 12 cent confidence level (500 tubers/500 hours of continuous misting per day plants/500 true seeds per 1 hectare/2.5 with water at 15–20 degrees Celsius on 2 acres), and that the samples have been consecutive days; and analyzed by SAG using an enzyme- (3) The plants were inspected by a linked immunosorbent assay (ELISA) plant quarantine official of the country test or nucleic acid spot hybridization where grown 20 days after the comple- (NASH) non-reagent test, with nega- tion of the misting and were found free tive results, for Andean Potato Latent of gladiolus rust. Virus, Arracacha Virus B, Potato Virus (m) Any restricted article of Acer T, the Andean Potato Calico Strain of palmatum or Acer japonicum from the Tobacco Ringspot Virus, and Potato Netherlands is prohibited unless the ar- Yellowing Virus. ticle is accompanied, at the time of ar- (p) In addition to meeting the re- rival at the port of first arrival in the quirements of this subpart, any trees United States, by a phytosanitary cer- with roots and any shrubs with roots tificate of inspection, containing an ac- and persistent woody stems, unless curate additional declaration that the greenhouse-grown throughout the year, article is of a nonvariegated variety of that are imported from Canada will be

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subject to the inspection and certifi- (r) Any restricted article of cation requirements for gypsy moth in Pelargonium spp. or Solanum spp. pre- § 319.77–4 of this part. sented for importation into the United (q) Any artificially dwarfed plant im- States may not be imported unless it ported into the United States, except meets the requirements of this para- for plants that are less than 2 years graph (r). Seeds are not subject to the old, must have been grown and handled requirements of this paragraph (r). in accordance with the requirements of (1) Any restricted article of this paragraph and must be accom- Pelargonium spp. or Solanum spp. im- panied by a phytosanitary certificate ported from Canada under the provi- of inspection that was issued by the sions of the greenhouse-grown re- government of the country where the stricted plant program as described in plants were grown. § 319.37–4(c) must be presented for im- (1) Any growing media, including portation at the port of first arrival in soil, must be removed from the artifi- the United States with a certificate of cially dwarfed plants prior to shipment inspection in the form of a label in ac- to the United States unless the plants cordance with § 319.37–4(c)(1)(iv). are to be imported in accordance with (2) (i) For any article of Pelargonium § 319.37–8. spp. or Solanum spp. that does not meet (2) The artificially dwarfed plants the requirements of paragraph (r)(1) of must be grown in accordance with the this section and is from a country following requirements and the where Ralstonia solanacearum race 3 phytosanitary certificate required by biovar 2 is not known to occur, the this paragraph must contain declara- phytosanitary certificate of inspection tions that those requirements have required by § 319.37–4 must contain an been met: additional declaration that states (i) The artificially dwarfed plants ‘‘Ralstonia solanacearum race 3 biovar 2 must be grown for at least 2 years in a is not known to occur in the country or greenhouse or screenhouse in a nursery area of origin’’; Provided, that this ad- registered with the government of the ditional declaration is not required on country where the plants were grown; the phytosanitary certificate of inspec- (ii) The greenhouse or screenhouse in tion accompanying articles of Solanum which the artificially dwarfed plants spp. from Canada that do not meet the are grown must have screening with requirements of paragraph (r)(1) of this openings of not more than 1.6 mm on section. all vents and openings, and all (ii) For any article of Pelargonium entryways must be equipped with auto- spp. or Solanum spp. that does not meet matic closing doors; the requirements of paragraph (r)(1) of (iii) The artificially dwarfed plants this section and is from an area that must be grown in pots containing only has been established as free of Ralstonia sterile growing media during the 2-year solanacearum race 3 biovar 2 in accord- period when they are grown in a green- ance with International Standards for house or screenhouse in a registered Phytosanitary Measures Publication nursery; No. 4, ‘‘Requirements for the Establish- (iv) The artificially dwarfed plants ment of Pest Free Areas,’’ which is in- must be grown on benches at least 50 corporated by reference at § 300.5 of this cm above the ground during the 2-year chapter, the phytosanitary certificate period when they are grown in a green- required by § 319.37–4 must contain an house or screenhouse in a registered additional declaration that states nursery; and ‘‘This article is from an area that has (v) The plants and the greenhouse or been established as free of Ralstonia screenhouse and nursery where they solanacearum race 3 biovar 2.’’ are grown must be inspected for any (3) Any article of Pelargonium spp. or evidence of pests and found free of Solanum spp. that is from a country or pests of quarantine significance to the area where Ralstonia solanacearum race United States at least once every 12 3 biovar 2 is known to occur must meet months by the plant protection service the following requirements: of the country where the plants are (i) The national plant protection or- grown. ganization of the country in which the

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articles are produced (the NPPO) must or enter from outside the production have entered into a bilateral workplan site via the equipment. with APHIS. This bilateral workplan (vii) Production site personnel must must set out conditions for monitoring adequately sanitize their clothing and the production of articles of shoes and wash their hands before en- Pelargonium spp. and Solanum spp., for tering the production site to prevent enforcement of the requirements of the entry of R. solanacearum race 3 this paragraph (r)(3), and for the estab- biovar 2 into the production site. lishment of a trust fund as provided for (viii) Growing media for articles of in paragraph (r)(3)(xv) of this section. Pelargonium spp. and Solanum spp. must (ii) The production site where the ar- be free of R. solanacearum race 3 biovar ticles of Pelargonium spp. and Solanum 2. Growing media and containers for ar- spp. intended for export to the United ticles of Pelargonium spp. and Solanum States are produced must be registered spp. must not come in contact with with and certified by both APHIS and growing media that could transmit R. the NPPO. As part of the certification solanacearum race 3 biovar 2 and must process, production sites must be ini- be grown in an APHIS-approved grow- tially approved and thereafter visited ing medium. at least once a year by APHIS and the (ix) Water used in maintenance of the NPPO to verify compliance with the re- plants at the production site must be quirements of this paragraph (r)(3). free of R. solanacearum race 3 biovar 2. (iii) The production site must con- The production site must either derive duct ongoing testing for R. the water from an APHIS-approved solanacearum race 3 biovar 2. Only arti- source or treat the water with an cles of Pelargonium spp. and Solanum APHIS-approved treatment before use. spp. from a group of articles that has (x) Growing media at the production been tested according to an APHIS-ap- site must not come in direct contact with any water source, such as an proved testing protocol with negative emitter or a hose end. If a drip irriga- results for the presence of R. tion system is used, backflow devices solanacearum race 3 biovar 2 may be must be installed to prevent any R. used in production and export. Records solanacearum race 3 biovar 2 that may of the testing must be kept for two be present from spreading to the rest of growing seasons and made available to the production site through the irriga- representatives of APHIS and of the tion system. Ebb and flow irrigation NPPO. All testing procedures must be may not be used. approved by APHIS. (xi) Production site personnel must (iv) Each greenhouse on the produc- be educated regarding the various tion site must be constructed in a man- pathways through which R. ner that ensures that runoff water from solanacearum race 3 biovar 2 can be in- areas surrounding the greenhouses can- troduced into a production site and not enter the greenhouses. The green- must be trained to recognize symptoms houses must be surrounded by a 1- of R. solanacearum race 3 biovar 2 infec- meter buffer that is sloped so that tion in articles of Pelargonium spp. or water drains away from the green- Solanum spp. in the production site. houses. (xii) Articles of Pelargonium spp. or (v) Dicotyledonous weeds must be Solanum spp. produced for export with- controlled both within each greenhouse in an approved production site must be on the production site and around it. handled and packed in a manner ade- The greenhouses on the production site quate to prevent the introduction of R. and the 1-meter buffer surrounding solanacearum race 3 biovar 2. The arti- them must be free of dicotyledonous cles must be labeled with information weeds. indicating the production site from (vi) All equipment that comes in con- which the articles originated. tact with articles of Pelargonium spp. (xiii) If R. solanacearum race 3 biovar or Solanum spp. within the production 2 is found in the production site or in site must be adequately sanitized so consignments from the production site, that R. solanacearum race 3 biovar 2 the production site will be ineligible to cannot be transmitted between plants export articles of Pelargonium spp. or

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Solanum spp. to the United States. A only if it meets the following require- production site may be reinstated if a ments, as well as all other applicable reinspection reveals that the produc- requirements of this subpart, to pre- tion site is free of R. solanacearum race vent the introduction of pine shoot 3 biovar 2 and all problems in the pro- beetle (Tomicus piniperda): duction site have been addressed and (1) From noninfested Canadian Prov- corrected to the satisfaction of APHIS. inces to all areas of the United States. Re- (xiv) The phytosanitary certificate of stricted articles that originated in and inspection required by § 319.37–4 that were moved only through Canadian accompanies these articles must con- Provinces that are not considered to be tain an additional declaration that infested or partially infested with pine states ‘‘These articles have been pro- shoot beetle (Tomicus piniperda), as de- duced in accordance with the require- termined by the Canadian Food Inspec- ments in 7 CFR 319.37–5(r)(3).’’ tion Agency (CFIA), may be imported (xv) The government of the country into any area of the United States only in which the articles are produced if: must enter into a trust fund agreement (i) The accompanying phytosanitary with APHIS before each growing sea- certificate of inspection specifies the son. The government of the country in Canadian Province where the restricted which the articles are produced or its articles originated and, if applicable, designated representative is required the Province or Provinces they were to pay in advance all estimated costs moved through, if different from the that APHIS expects to incur through Province of origin; its involvement in overseeing the exe- (ii) The U.S. destination (including cution of paragraph (r)(3) of this sec- county and State) of the restricted ar- tion. These costs will include adminis- ticles is plainly indicated on the re- trative expenses incurred in conducting stricted articles or, if applicable, on the services enumerated in paragraph the outer covering, packaging, or con- (r)(3) of this section and all salaries tainer; and (including overtime and the Federal share of employee benefits), travel ex- (iii) If the restricted articles are to penses (including per diem expenses), be moved through an area of the and other incidental expenses incurred United States quarantined for pine by the inspectors in performing these shoot beetle, as provided in § 301.50–3 of services. The government of the coun- this chapter, en route to an area or try in which the articles are produced areas in the United States not quar- or its designated representative is re- antined for pine shoot beetle during quired to deposit a certified or cash- the period of January through Sep- ier’s check with APHIS for the amount tember when the temperature is 10 °C of the costs estimated by APHIS. If the (50 °F) or higher, the restricted articles deposit is not sufficient to meet all are shipped in an enclosed vehicle or costs incurred by APHIS, the agree- completely covered (such as with plas- ment further requires the government tic canvas, or other closely woven of the country in which the articles are cloth) so as to prevent access by the produced or its designated representa- pine shoot beetle. tive to deposit with APHIS a certified (2) From infested or partially infested or cashier’s check for the amount of Canadian Provinces to U.S. infested the remaining costs, as determined by areas. Restricted articles that origi- APHIS, before the services will be com- nated in or were moved through a Ca- pleted. After a final audit at the con- nadian Province that is considered to clusion of each shipping season, any be infested or partially infested with overpayment of funds would be re- pine shoot beetle (Tomicus piniperda), turned to the government of the coun- as determined by the CFIA, and are try in which the articles are produced destined for and will be moved only or its designated representative or held through areas in the United States on account until needed. quarantined for pine shoot beetle, as (s) Any restricted article (except provided in § 301.50–3 of this chapter, seeds) of Pinus spp. from Canada may may be imported into the United be imported into the United States States only if:

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(i) The accompanying phytosanitary be free from pine shoot beetle (Tomicus certificate of inspection specifies the piniperda)’’; or Canadian Province where the articles (D) ‘‘Based on inspection, the re- originated and, if applicable, the Prov- stricted articles are no greater than 36 ince or Provinces they were moved inches high with a bole diameter at soil through, if different from the Province level of 1 inch or less.’’ of origin; and (ii) The U.S. destination (including (ii) The U.S. destination (including county and State) of the restricted ar- county and State) of the restricted ar- ticles is plainly indicated on the arti- ticles is plainly indicated on the re- cles or, if applicable, on the outer cov- stricted articles or, if applicable, on ering, packaging, or container. the outer covering, packaging, or con- (iii) If the restricted articles are to tainer. be moved through an area of the (3) From infested or partially infested United States quarantined for pine Canadian Provinces to or through U.S. shoot beetle, as provided in § 301.50–3 of noninfested areas. Restricted articles this chapter, en route to an area or that originated in or were moved areas in the United States not quar- through a Canadian Province that is antined for pine shoot beetle during considered to be infested or partially the period of January through Sep- infested with pine shoot beetle tember when the temperature is 10 °C (Tomicus piniperda), as determined by (50 °F) or higher, the restricted articles the CFIA, and are destined for or will must be shipped in an enclosed vehicle be moved through an area in the or completely covered (such as with United States that is not quarantined plastic canvas, or other closely woven for pine shoot beetle, as provided in cloth) so as to prevent access by pine § 301.50–3 of this chapter, may be im- shoot beetle. ported into the United States only if: (t) For any Vaccinium spp. plants (i) The accompanying phytosanitary from Canada, the phytosanitary certifi- certificate of inspection specifies the cate of inspection required by § 319.37–4 Canadian Province where the restricted must contain an additional declaration articles originated and, if applicable, that such article was produced in an the Province or Provinces they were approved certification program and moved through, if different from the found by the national plant protection Province of origin. The treatment sec- organization of Canada to be free of the tion of the phytosanitary certificate of BC–1 and BC–2 strains of blueberry inspection must indicate that the re- scorch carlavirus. stricted articles have been treated with (u) Special foreign inspection and cer- methyl bromide to kill the pine shoot tification requirements for Pelargonium beetle (Tomicus piniperda) in accord- spp. plants from the Canary Islands. ance with the applicable provisions of Pelargonium spp. plants from the Ca- part 305 of this chapter; or alter- nary Islands may only be imported into natively, in lieu of methyl bromide the United States in accordance with treatment, the phytosanitary certifi- the requirements of this section, to cate of inspection must contain one of prevent the plant pests Helicoverpa the following additional declarations: armigera, Chrysodeixis chalcites, and (A) ‘‘These restricted articles were Syngrapha circumflexa (syn. grown on a plantation that has a pro- Cornutiplusia circumflexa) from entering gram to control or eradicate pine shoot the United States. beetle (Tomicus piniperda) and have (1) Phytosanitary certificate. The been inspected and are considered to be phytosanitary certificate of inspection free from pine shoot beetle (Tomicus required by § 319.37–4 that accompanies piniperda)’’; or Pelargonium spp. plants from the Ca- (B) ‘‘These restricted articles origi- nary Islands must contain additional nated in an area where pine shoot bee- declarations that the plants were pro- tle (Tomicus piniperda) is not considered duced in an approved Spanish (Canary to be present, as determined by the Island) production site, that the pro- CFIA’’; or duction site is operated by a grower (C) ‘‘These restricted articles have participating in the export program for been 100 percent inspected and found to Pelargonium spp. plants established by

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the national plant protection organiza- (D) The detection and repair of a tion of Spain, and that the plants were break or tear in the plastic or screen- grown under conditions specified by ing in the production site. APHIS as described in this paragraph (4) Inspections. Inspections under- § 319.37–5(u) to prevent infestation with taken in the export program for Helicoverpa armigera, Chrysodeixis Pelargonium spp. plants established by chalcites, and Syngrapha circumflexa the national plant protection organiza- (syn. Cornutiplusia circumflexa). tion of Spain will include, but may not (2) Grower registration and agreement. be limited to, the following: Persons in the Canary Islands who (i) The national plant protection or- produce Pelargonium spp. plants for ex- ganization of Spain will inspect the port to the United States must: plants and the production site during (i) Be registered and approved by the the growing season and during packing. national plant protection organization (ii) Packing materials and shipping of Spain; and containers for the plants must be in- (ii) Enter into an agreement with the spected and approved by APHIS to en- national plant protection organization sure that they do not introduce pests of of Spain whereby the producer agrees concern to the plants. to participate in and follow the export (iii) Either APHIS or the national program for Pelargonium spp. plants es- plant protection organization of Spain tablished by the national plant protec- will inspect the production site of the tion organization of Spain. plants to ensure that they meet stand- (3) Growing requirements. Growers in ards of sanitation agreed upon by the Canary Islands who produce APHIS and the national plant protec- Pelargonium spp. plants for export to tion organization of Spain. the United States must meet the fol- (iv) Inspectors from both APHIS and lowing requirements for inclusion in the national plant protection organiza- the export program for Pelargonium tion of Spain will have access to the spp. plants established by the national production site as necessary to ensure plant protection organization of Spain: that growers are employing the proper (i) Pelargonium spp. plants destined safeguards against infestation of H. for export to the United States must be armigera, C. chalcites, and S. circumflexa produced in a production site devoted and that those safeguards are correctly solely to production of such plants. implemented. (ii) The production sites in which (v) The national plant protection or- such plants are produced must be reg- ganization of Spain will provide APHIS istered with the national plant protec- with access to the list of registered and tion organization of Spain. Such pro- approved growers at least annually. duction sites must employ safeguards (5) Ineligibility for participation. (i) agreed on by APHIS and the national Growers will be ineligible for participa- plant protection organization of Spain, tion in the export program for including, but not limited to, pre- Pelargonium spp. plants established by scribed mesh screen size (if the produc- the national plant protection organiza- tion site is a screenhouse) and auto- tion of Spain and their production sites matically closing doors, to ensure the will lose approved status if: exclusion of H. armigera. (A) Live Syngrapha circumflexa (syn. (iii) Each production site in which Cornutiplusia circumflexa), or any other plants destined for export to the moth of the family Noctuidae, are United States are grown must have at found in a production site; least one blacklight trap for 1 year fol- (B) Live Syngrapha circumflexa (syn. lowing any of the following events: Cornutiplusia circumflexa), or any other (A) The construction of the produc- moth of the family Noctuidae, are found tion site; in a shipment of plants; or (B) The entry of the production site (C) Growers violate the requirements into the approved plants export pro- set out in this section and by the ex- gram; port program established by the na- (C) The replacement of the covering tional plant protection organization of of the production site; or Spain.

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(ii) A grower may be reinstated, and antine pests found in Israel from enter- the grower’s production sites may re- ing the United States. gain approved status, by requesting re- (1) Phytosanitary certificate. The approval and submitting a detailed re- phytosanitary certificate of inspection port describing the corrective actions required by § 319.37–4 that accompanies taken by the grower. Reapproval will plants from Israel at the time of ar- only be granted upon concurrence from rival at the port of first arrival in the the national plant protection organiza- United States must contain additional tion of Spain and APHIS. declarations that the plants were pro- (6) Termination. APHIS may termi- duced in an approved Israeli production nate the entire program if there are re- site, that the production site is oper- peated violations of procedural or bio- ated by a grower participating in the logical requirements. export program for plants established (7) Trust fund. The government of by the national plant protection orga- Spain must enter into a trust fund nization of Israel, and that the plants agreement with APHIS before each were grown under conditions specified growing season. The government of by APHIS as described in this para- Spain or its designated representative graph § 319.37–5(v) to prevent infesta- is required to pay in advance all esti- tion or contamination with Spodoptera mated costs that APHIS expects to littoralis or other quarantine pests. incur through its involvement in over- (2) Grower registration and agreement. seeing the execution of paragraph (u) of Persons in Israel who produce plants this section. These costs will include for export to the United States must: administrative expenses incurred in (i) Be registered and approved by the conducting the services enumerated in national plant protection organization paragraph (u) of this section and all of Israel; and salaries (including overtime and the (ii) Enter into an agreement with the Federal share of employee benefits), national plant protection organization travel expenses (including per diem ex- of Israel whereby the producer agrees penses), and other incidental expenses to participate in and follow the export incurred by the inspectors in per- program for plants established by the forming these services. The govern- national plant protection organization ment of Spain or its designated rep- of Israel. resentative is required to deposit a cer- (3) Growing requirements. Growers in tified or cashier’s check with APHIS Israel who produce plants for export to for the amount of the costs estimated the United States must meet the fol- by APHIS. If the deposit is not suffi- lowing requirements for inclusion in cient to meet all costs incurred by the export program for plants estab- APHIS, the agreement further requires lished by the national plant protection the government of Spain or its des- organization of Israel: ignated representative to deposit with (i) Plants destined for export to the APHIS a certified or cashier’s check United States must come from a pro- for the amount of the remaining costs, duction site devoted solely to produc- as determined by APHIS, before the tion of such plants. services will be completed. After a (ii) The production sites in which final audit at the conclusion of each such plants are produced must be reg- shipping season, any overpayment of istered with the national plant protec- funds would be returned to the govern- tion organization of Israel. These pro- ment of Spain or its designated rep- duction sites must employ safeguards resentative or held on account until agreed on by APHIS and the national needed. plant protection organization of Israel (v) Special foreign inspection and cer- to prevent the entry of S. littoralis, in- tification requirements for plants from cluding, but not limited to, insect- Israel. Plants from Israel, except bulbs, proof screening over openings and dou- dormant perennials, and seeds, may ble or airlock-type doors. Any rips or only be imported into the United tears in the insect-proof screening States in accordance with the regula- must be repaired immediately. tions in this section, to prevent (iii) Each production site in which Spodoptera littoralis and other quar- plants destined for export to the

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United States are grown must have at established by the national plant pro- least one blacklight trap for 1 year fol- tection organization of Israel and their lowing any of the following events: production sites will lose approved sta- (A) The construction of the produc- tus if: tion site; (A) Live Spodoptera littoralis are (B) The entry of the production site found in a production site; into the approved plants export pro- (B) Live Spodoptera littoralis are found gram; at port inspection two times during the (C) The replacement of the covering shipping season in shipments from the of the production site; or same grower; or (D) The detection and repair of a (C) Growers violate the requirements break or tear in the plastic or screen- set out in this section and by the ex- ing in the production site. port program established by the na- (4) Inspections. Inspections under- tional plant protection organization of taken in the export program for plants Israel. established by the national plant pro- (ii) A grower may be reinstated, and tection organization of Israel will in- the grower’s production sites may re- clude, but may not be limited to, the gain approved status, by requesting re- following: approval and submitting a detailed re- (i) The national plant protection or- port describing the corrective actions ganization of Israel will inspect the taken by the grower. Reapproval will plants and the production site weekly only be granted upon concurrence from to ensure that no quarantine pests are the national plant protection organiza- present. tion of Israel and APHIS. (ii) Plants must be inspected to en- (6) Termination. APHIS may termi- sure that they are free of quarantine nate the entire program if there are re- pests before being allowed into the peated violations of procedural or bio- screened area of the production site. logical requirements. (iii) The national plant protection or- (7) Trust fund. The government of ganization of Israel will inspect the Israel must enter into a trust fund plants to ensure that no quarantine agreement with APHIS before each pests are present prior to export. growing season. The government of (iv) Packing materials and shipping Israel or its designated representative containers for the plants must be in- is required to pay in advance all esti- spected and approved by APHIS to en- mated costs that APHIS expects to sure that they do not introduce pests of incur through its involvement in over- concern. seeing the execution of paragraph (v) of (v) Either APHIS or the national this section. These costs will include plant protection organization of Israel administrative expenses incurred in will inspect the production site of the conducting the services enumerated in plants to ensure that they meet stand- paragraph (v) of this section and all ards of sanitation approved by APHIS. salaries (including overtime and the (vi) Inspectors from both APHIS and Federal share of employee benefits), the national plant protection organiza- travel expenses (including per diem ex- tion of Israel will have access to the penses), and other incidental expenses production site as necessary to ensure incurred by the inspectors in per- that growers are employing the safe- forming these services. The govern- guards and procedures prescribed by ment of Israel or its designated rep- the program and that those safeguards resentative is required to deposit a cer- and procedures are correctly imple- tified or cashier’s check with APHIS mented. for the amount of the costs estimated (vii) The national plant protection by APHIS. If the deposit is not suffi- organization of Israel will provide cient to meet all costs incurred by APHIS with access to the list of reg- APHIS, the agreement further requires istered and approved growers at least the government of Israel or its des- annually. ignated representative to deposit with (5) Ineligibility for participation. (i) APHIS a certified or cashier’s check Growers will be ineligible for participa- for the amount of the remaining costs, tion in the export program for plants as determined by APHIS, before the

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services will be completed. After a imported into the continental United final audit at the conclusion of each States in accordance with the require- shipping season, any overpayment of ments of this paragraph (y), to prevent funds would be returned to the govern- the plant pests Ancistrocercus ment of Israel or its designated rep- circumdatus, Caldwelliola reservata, resentative or held on account until Chaetanaphothrips signipennis, Coccus needed. viridis, Diplosolenodes occidentalis, (w) Seed of the genera Aeglopsis, Erioloides consobrinus, Neoconocephalus Atalantia, Balsamocitrus, Bergera, affinis, Oncometopia clarior, Ovachlamys Calodendrum, , fulgens, Palliferra costaricensis, xCitroncirus, Citrus, Clausena, Planococcus minor, Pseudococcus landoi, Fortunella, Limonia, Microcitrus, Sarasinula plebeia, Succinea costaricana, Murraya, Poncirus, Severinia, Swinglea, and Xylosandrus morigerus from enter- Toddalia, Triphasia, and Vepris from Ar- ing the United States. gentina, Bangladesh, Belize, Bhutan, (1) Size requirements. Dracaena spp. Brazil, Burundi, Cambodia, Cameroon, plants from Costa Rica imported into Central African Republic, China, the continental United States may not Comoros, Cuba, the Dominican Repub- exceed 1,371.6 mm (approximately 54 lic, Ethiopia, Eritrea, India, Indonesia, inches) in length from the soil line (or Jamaica, Japan, Kenya, Laos, Mada- top of the rooting zone for plants pro- gascar, Malawi, Malaysia, Mauritius, duced by air layering) to the farthest Mexico, Myanmar, Nepal, Pakistan, terminal growing point. Papua New Guinea, Philippines, (2) Bilateral workplan. The national Re´union, Rwanda, Saint Helena, Saudi plant protection organization (NPPO) Arabia, Somalia, South Africa, Sri of Costa Rica must provide a bilateral Lanka, Swaziland, Taiwan, Tanzania, workplan to APHIS that details the ac- Thailand, Timor-Leste, Vietnam, tivities that the NPPO of Costa Rica Yemen, and Zimbabwe is prohibited will, subject to APHIS’ approval of the importation into the United States. workplan, carry out to meet the re- Except for those countries listed in quirements of this paragraph (y). paragraph (x) of this section, seed of (3) Phytosanitary certificate. The these genera from all other countries phytosanitary certificate of inspection may be imported into the United required by § 319.37–4 that accompanies States only if the phytosanitary cer- each consignment of Dracaena spp. tificate required by § 319.37-4 contains plants from Costa Rica must contain an additional declaration that neither additional declarations that the plants citrus greening nor citrus variegated in the consignment have been pro- chlorosis is known to occur in the duced, packed, stored, and exported in country where the seed was produced. accordance with the requirements of (x) Seed of the genus Citrus from this paragraph (y) and the bilateral Costa Rica and Paraguay is prohibited workplan, and that the consignment importation into the United States. has been inspected and found free of Seed of the genera Aeglopsis, quarantine pests. Balsamocitrus, Bergera, Calodendrum, (4) Participant registration and agree- Citrofortunella, xCitroncirus, Clausena, ment. Persons in Costa Rica who Fortunella, Limonia, Microcitrus, produce, pack, or ship Dracaena spp. Murraya, Poncirus, Severinia, Swinglea, plants for export to the United States Toddalia, Triphasia, and Vepris from must: Costa Rica and Paraguay may be im- (i) Be registered and approved by the ported into the United States only if NPPO of Costa Rica; and the phytosanitary certificate required (ii) Enter into an agreement with the by § 319.37-4 contains an additional dec- NPPO of Costa Rica whereby the per- laration that citrus greening is not sons agree to participate in and follow known to occur in the country where the export program for Dracaena spp. the seed was produced. plants established by the NPPO of (y) Special foreign inspection and cer- Costa Rica. tification requirements for Dracaena spp. (5) Facility registration and agreement. plants from Costa Rica. Dracaena spp. Production, packing, and export facili- plants from Costa Rica may only be ties must be approved and registered

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by the NPPO of Costa Rica. Registered dedicated trained personnel at the ap- packing and export facilities may only proved facilities at least once weekly, accept plants from registered produc- and by the NPPO of Costa Rica at least tion facilities where plants are grown once monthly. in compliance with the requirements of (ii) Packing materials and shipping this paragraph (y) and the bilateral containers for the plants must be ap- workplan. The NPPO of Costa Rica will proved by APHIS and inspected by the provide APHIS with access to the list NPPO of Costa Rica to ensure that of registered facilities at least annu- they do not introduce pests of concern ally and when changes occur. to the plants. (6) Training. Participants and per- (iii) Inspection dates and results sonnel at approved production, pack- must be recorded and made available ing, and export facilities must be to APHIS upon request. trained in the requirements of this (10) Traceability. Participants must paragraph (y) and the bilateral establish a traceability system ap- workplan and in recognizing the quar- proved and audited by the NPPO of antine listed in this paragraph (y). Costa Rica and APHIS. The identity Training records must be maintained and origin of the Dracaena spp. plants and made available to the NPPO of must be maintained from the produc- Costa Rica and APHIS on request. tion unit through the packing and ex- (7) Pest management program. Partici- port facilities and to the port of entry pants must establish a pest manage- in the United States. ment program for all approved produc- (11) Recordkeeping. Participants must tion, packing, and export facilities. maintain records of program activities, Pest management programs must in- including corrective measures, for a clude field or facility scouting, moni- minimum of 3 years. Records must be toring, and control of target pests, and made available to the NPPO of Costa must be monitored and approved by the Rica and APHIS on request. NPPO of Costa Rica. APHIS may visit (12) Ineligibility for participation. (i) sites to inspect and monitor the pest Persons who produce, pack, or ship management program. Each approved Dracaena spp. plants will be ineligible facility must have a trained, dedicated for participation in the export program person to supervise the pest manage- for Dracaena spp. plants and their pro- ment program. Records of pest man- duction sites or packing or export fa- agement activities must be maintained cilities will lose approved status if: and made available to the NPPO of (A) Live pests are found in a produc- Costa Rica and APHIS upon request. tion site; (8) Sanitation. Sanitation measures (B) Live pests are found in a ship- must be maintained at approved pro- ment of plants; or duction, packing, and export facilities. (C) Persons who produce, pack, or Fallen or discarded plant material and ship Dracaena spp. plants violate the debris, or plants with pests, must be re- requirements set out in this section or moved and must not be included in required under the export program es- field containers brought from produc- tablished by the NPPO of Costa Rica. tion to packing facilities for export. (ii) A person who produces, packs, or Packing facilities must be free of sand, ships Dracaena spp. plants may be rein- soil, earth, and plant pests, and stated, and that person’s production phytosanitary practices adequate to sites or packing or export facilities exclude pests must be employed. may regain approved status, by re- Equipment, materials, and tools must questing reapproval and submitting a be sanitized to avoid spreading pests or detailed report describing the correc- to prevent recontamination. tive actions taken by the person. Re- (9) Inspections. Inspections under- approval will only be granted upon con- taken in the export program for currence from the NPPO of Costa Rica Dracaena spp. plants established by the and APHIS. NPPO of Costa Rica will include, but (13) Trust fund. The Government of may not be limited to, the following: Costa Rica must enter into a trust fund (i) Approved production, packing, and agreement with APHIS before each export facilities must be inspected by growing season. The Government of

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Costa Rica or its designated represent- ment of Costa Rica or its designated ative is required to pay in advance all representative or held on account until estimated costs that APHIS expects to needed. incur through its involvement in over- seeing the execution of paragraph (y) of (Approved by the Office of Management and Budget under control numbers 0579–0049, this section. These costs will include 0579–0176, 0579–0221, 0579–0246, 0579–0257, and administrative expenses incurred in 0579–0279) conducting the services enumerated in paragraph (y) of this section and all [45 FR 31585, May 13, 1980] salaries (including overtime and the EDITORIAL NOTE: For FEDERAL REGISTER ci- Federal share of employee benefits), tations affecting § 319.37–5, see the List of travel expenses (including per diem ex- CFR Sections Affected, which appears in the penses), and other incidental expenses Finding Aids section of the printed volume incurred by the inspectors in per- and at www.fdsys.gov. forming these services. The Govern- ment of Costa Rica or its designated § 319.37–6 Specific treatment and other requirements. representative is required to deposit a certified or cashier’s check with APHIS (a) The following seeds and bulbs for the amount of the costs estimated may be imported into the United by APHIS. If the deposit is not suffi- States from designated countries and cient to meet all costs incurred by localities only if they have been treat- APHIS, the agreement further requires ed for the specified pests in accordance the Government of Costa Rica or its with part 305 of this chapter. Seeds and designated representative to deposit bulbs treated prior to importation out- with APHIS a certified or cashier’s side the United States must be treated check for the amount of the remaining in accordance with § 319.37–13(c). An in- costs, as determined by APHIS, before spector may require treatment within the services will be completed. After a the United States of articles that have final audit at the conclusion of each been treated prior to importation out- shipping season, any overpayment of side the United States if such treat- funds would be returned to the Govern- ment is determined to be necessary:

Seed/bulb Country/locality Pest(s) for which treatment is required

Abelmoschus spp. All ...... Pectinophora gossypiella (Saunders) (okra) seeds. (pink bollworm). Allium sativum (garlic) Algeria, Armenia, Austria, Azerbaijan, Belarus, Croatia, Brachycerus spp. and Dyspessa ulula bulbs. Czech Republic, Egypt, France, Georgia, Germany, (Bkh.). Greece, Hungary, Iran, Israel, Italy, Kazakhstan, Kyrgyzstan, Republic of Moldova, Morocco, Portugal, Serbia and Montenegro, Slovakia, Slovenia, Republic of South Africa, Spain, Switzerland, Syria, Russian Federa- tion, Tajikistan, Turkey, Turkmenistan, Ukraine, and Uz- bekistan. Castanea seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Dioscorea spp. (yam) All countries, except as provided in paragraphs (e)(1) A diversity of internal and external feed- plants for planting, in- through (e)(3) of this section. ers, including but not limited to: cluding, but not lim- Aspiditosis hartii (yam scale) and ited to, bulbs, Palaeopus costicollis (yam weevil). minisetts, and yam- setts. Guizotia abyssinica All (see paragraph (c) of this section) ...... Cuscuta spp., and other noxious weeds (niger) seeds. listed in 7 CFR 360.200. Hibiscus spp. (hibiscus, All, with the exception of kenaf seed (Hibiscus Pectinophora gossypiella (Saunders) rose mallow) seeds. cannabinus) from Mexico that is to be imported into pink (pink bollworm). bollworm generally infested areas listed in § 301.52–2a of this chapter. Lathyrus spp. (sweet All except North America and Central America ...... Insects of the family Bruchidae. pea, peavine) seeds. Lens spp. (lentil) seeds All except North America and Central America ...... Insects of the family Bruchidae.

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Seed/bulb Country/locality Pest(s) for which treatment is required

Quercus seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Rutaceae, seeds of all Afghanistan, Andaman Islands, Caroline Islands, Fiji Is- Xanthomonas citri subsp. citri (citrus species in the family. lands, Home Island in Cocos (Keeling) Islands, Hong canker). Kong, Ivory Coast, Kampuchea, Korea, Mozambique, Oman, Rodriquez Island, Seychelles, Thursday Island, United Arab Emirates, and Zaire.. Vicia spp. (fava bean, All except North America and Central America ...... Insects of the family Bruchidae. vetch) seeds.

(b) Seeds and bulbs that are treated (3) They are imported from the West within the United States must be Indies into the U.S. Virgin Islands. treated at the time of importation into the United States. [72 FR 43521, Aug. 6, 2007, as amended at 75 FR 17294, Apr. 6, 2010; 75 FR 68952, Nov. 10, (c) Seeds of Guizotia abyssinica (niger 2010; 76 FR 67583, Nov. 2, 2011; 79 FR 19810, seed) that are treated prior to ship- Apr. 10, 2014; 79 FR 74593, Dec. 16, 2014] ment to the United States must be treated at a facility that is approved § 319.37–7 Postentry quarantine. by APHIS 6 and that operates in com- pliance with a written agreement be- (a) The following restricted articles, tween the treatment facility owner and from the designated countries and lo- the plant protection service of the ex- calities, and any increase therefrom porting country, in which the treat- must be grown under postentry quar- ment facility owner agrees to comply antine conditions specified in para- with the provisions of this section and graphs (c) and (d) of this section, and allow inspectors and representatives of may be imported or offered for impor- the plant protection service of the ex- tation into the United States only: porting country access to the treat- (1) If destined for a State that has ment facility as necessary to monitor completed a State postentry quar- compliance with the regulations. antine agreement in accordance with Treatments must be certified in ac- paragraph (c) of this section; cordance with the conditions described (2) If a postentry quarantine growing in § 319.37–13(c). agreement has been completed and sub- (d) Shipments of kenaf (Hibiscus mitted to Plant Protection and Quar- cannabinus) seed from Mexico that are antine in accordance with paragraph imported into pink bollworm generally (d) of this section. The agreement must infested areas listed in § 301.52–2a shall be signed by the person (the importer) be subject to inspection, and shall im- applying for a controlled import per- mediately, upon release, be subject to mit for importation of the article in the domestic pink bollworm quarantine accordance with § 319.6; and, regulations in §§ 301.52 through 301.52– (3) If Plant Protection and Quar- 10, ‘‘Subpart—Pink Bollworm,’’ of this antine has determined that the com- chapter. pleted postentry quarantine growing (e) Dioscorea spp. (yam) plants for agreement fulfills the applicable re- planting, including, but not limited to, quirements of this section and that bulbs, minisetts, and yam-setts, may services by State inspectors are avail- be imported into the United States able to monitor and enforce the without being treated in accordance postentry quarantine: with part 305 of this chapter if: (1) They are imported from Japan. Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported (2) They are imported from the Do- minican Republic into Puerto Rico. Abelmoschus spp. All except Africa, Bangladesh, (okra). Brazil, Canada, India, Iraq, Papua New Guinea, Sri Lanka, 6 Criteria for the approval of heat treat- and Trinidad and Tobago. ment facilities are contained in part 305 of Acacia spp. (acacia) .... All except Australia, Canada, and this chapter. Oceania.

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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported cluding seeds) from which imported

Acer spp. (maple) ...... All except Canada, Europe (except Fruit and nut articles All except Canada. the Netherlands in accordance listed by common with § 319.37–5(m)), and Japan. name in paragraph Actinidia spp. (Chinese All except Australia, Canada, (b) of this section. gooseberry, kiwi). Japan, New Zealand, and Tai- Gladiolus spp. (glad- All except Africa, Argentina, Brazil, wan. iolus) (except bulbs) Canada, France, Italy, Luxem- Aesculus spp. All except Canada, Czech Republic, not meeting the con- bourg, Malta, Mauritius, Portugal, (horsechestnut). Germany, Romania, Slovakia, dition for importation Spain, and Uruguay. United Kingdom. in § 319.37–5(l). Althaea spp. (althaea, All except Africa, Bangladesh, Can- Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, hollyhock). ada, India, and Sri Lanka. hibiscus, rose mal- and India. Berberis spp. (barberry) All. low). destined to any State Humulus spp. (hops) ... All. except the eradi- Hydrangea spp. (hy- All except Canada and Japan. cation States listed in drangea). § 301.38–2a of this Jasminum spp. jas- All except Canada, Belgium, Ger- chapter (plants of all mine). many, Great Britain, India, and species and horti- the Philippines. cultural varieties des- Juniperus spp. (juniper) All except Canada and Europe. ignated as resistant Larix spp. (larch) ...... All except Canada, Japan, and Eu- to black stem rust in rope. accordance with Leucanthemella All except Asia, Europe, South § 301.38–1 of this serotina meeting the America, Australia, Mexico, New chapter). conditions for impor- Zealand, Oceania (Melanesia, Mi- Blighia sapida (akee) ... All except Canada, Cote d’Ivoire, tation in § 319.37–5. cronesia, and Polynesia), Repub- and Nigeria. lic of South Africa, and Tunisia. Bromeliaceae All. Ligustrum spp. (privet) All except Canada and Europe. (bromeliads) destined Mahoberberis spp. des- All. to Hawaii. tined to any State ex- Brugmansia spp...... All except Canada and Colombia. cept the eradication Cedrus spp. (cedar) ..... All except Canada and Europe. States listed in Chaenomeles spp. Countries listed in § 319.37–5(b) § 301.38–2a of this (flowering quince) except Canada. chapter (plants of all meeting the condi- species and horti- tions for importation cultural varieties des- in § 319.37–5(b). ignated as resistant Chrysanthemum spp. All except Asia, Europe, South to black stem rust in (chrysanthemum), in- America, Australia, Mexico, New accordance with cludes Zealand, Oceania (Melanesia, Mi- § 301.38–1 of this Dendranthema spp.), cronesia, and Polynesia), Repub- chapter). meeting the condi- lic of South Africa, and Tunisia. Mahonia spp. All. tions for importation (mahonia) destined in § 319.37–5. to any State except Crataegus monogyna Europe. the eradication Jacq. (hawthorne, States listed in thorneapple, red § 301.38–2a of this haw). chapter (plants of all Crocosmia spp. All except Africa, Argentina, Brazil, species and horti- (montebretia) (except Canada, France, Italy, Luxem- cultural varieties des- bulbs) not meeting bourg, Malta, Mauritius, Portugal, ignated as resistant the conditions for im- Spain, and Uruguay. to black stem rust in portation in § 319.37– accordance with 5(l). § 301.38–1 of this Cydonia spp. (quince) Countries listed in § 319.37–5(b) chapter). meeting the condi- except Canada. Malus spp. (apple, All countries listed in § 319.37–5(b). tions for importation crabapple) meeting in § 319.37–5(b). the conditions for im- Datura spp...... All except Canada and India. portation in § 319.37– Datura spp. (woody (See Brugmansia spp.) 5(b). species). Mespilus germanica Countries listed in § 319.37–5(b) Dendranthema spp. See Chrysanthemum spp. (medlar). except Canada. (chrysanthemum). Morus spp. (mulberry) All except Canada, India, Japan, Dianthus spp. (carna- Great Britain, and the Netherlands Korea, People’s Republic of tion, sweet-william). unless exempted from postentry China, Thailand, and the geo- quarantine conditions pursuant to graphic area formerly known as § 319.37–5(d), and all other coun- the Union of Soviet Socialist Re- tries and localities except Can- publics. ada. Nipponathemum All except Asia, Europe, South Eucalyptus spp ...... All except Canada, Europe, Sri nipponicum meeting America, Australia, Mexico, New Lanka, and Uruguay. the conditions for im- Zealand, Oceania (Melanesia, Mi- Euonymus spp. All except Canada, Japan, and Eu- portation in § 319.37– cronesia, and Polynesia), Repub- (euonymus). rope. 5. lic of South Africa, and Tunisia.

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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Corylus—filbert, hazel, hazelnut, cobnut cluding seeds) from which imported Crataegus—hawthorne Diospyros—persimmon, kaki, mabola Nut and fruit articles Durio—durian (see fruit and nut ar- ticles). Eriobotrya—loquat, Japanese medlar, Japa- Passiflora spp. (pas- All except Canada. nese plum sion fruit, granadilla). Euphoria—longan Philadelphus spp. All except Canada and Europe. Eugenia—roseapple, Malayapple, (mock orange). Curacaoapple Picea spp. (spruce) ..... All except Canada, Europe, Japan, Feijoa—feijoa, pineapple guava (except from and Siberia. New Zealand if accompanied by a Pinus spp. (pine) (2-or- All except Canada, Europe, and 3 leaved). Japan. phytosanitary certificate of inspection in Populus spp. (aspen, All except Canada and Europe. accordance with § 319.37–5(k)) cottonwood, poplar). Ficus—fig Prunus spp. meeting The Netherlands. Garcinia—mangosteen, gourka the conditions for im- Juglans—walnut, butternut, heartnut, portation in § 319.37– regranut, buartnut 5(b). Lansium—langsat Pseudolarix spp. (gold- All except Canada, Japan, and Eu- Litchi—lychee, leechee en larch). rope. Pseudotsuga spp. All except Canada and Europe. Macadamia—macadamia nut, queensland nut (Douglas fir). Malpighia—Barbados cherry Pyrus spp. (pear) meet- Countries listed in § 319.37–5(b) Mammea—mammeapple, mamey ing the conditions for except Canada. Mangifera—mango importation in Manilkara—sapodilla § 319.37–5(b). Melicoccus—honeyberry, mamoncilla, spanish Quercus spp. (oak) ...... All except Canada and Japan. , genip Ribes spp...... All except Canada, Europe, and New Zealand. Nephelium—rambutan, pulasan Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- Olea—olive ada, Italy, and New Zealand. Persea—avocado, alligator pear Rubus spp. All unless exempted from postentry Phyllanthus—otaheite-gooseberry (cloudberry, black- quarantine conditions pursuant to Pistacia—pistachio berry, boysenberry, § 319.37–5(e). Psidium—guava, guayala dewberry, logan- Punica—pomegranate, granada berry, raspberry). Salix spp. (willow) ...... All of Europe (except Belgium, Ger- Pyronia—quinpear many, Great Britain, and the Rhodomyrtus—hill gooseberry, rose myrtle Netherlands). Spondias—yellow mombin, red mombin, hog Sorbus spp. (mountain All except Canada, Czech Republic, plum ash). Denmark, Germany, and Slo- Syzygium—Malayapple, rose apple, java plum vakia. Vaccinium—blueberry, cranberry Syringa spp. (lilac)...... The Netherlands, if the articles Ziziphus—jujube meet the conditions for importa- tion in § 319.37–5(i), and all other (c) State Postentry quarantine agree- places except Canada and Eu- rope. ment. (1) Articles required to undergo Ulmus spp. (elm) ...... All except Canada and Europe. postentry quarantine in accordance Watsonia spp. (bugle All except Africa, Argentina, Brazil, with this section may only be imported lily) (except bulbs) Canada, France, Italy, Luxem- if destined for postentry quarantine not meeting the con- bourg, Malta, Mauritius, Portugal, ditions for importation Spain, and Uruguay. growing in a State which has entered in § 319.37–5(l). into a written agreement with the Ani- mal and Plant Health Inspection Serv- (b) Fruit and nut articles (common ice, signed by the Administrator or his names are listed after scientific or her designee and by the State Plant names). Regulatory Official. In accordance with Achras—(Synonym for Manilkara) the laws of individual States, inspec- Annona—custard apple, cherimoya, sweetsop, tion and other postentry quarantine sugarapple, soursop, bullock’s heart, alli- services provided by a State may be gator apple, suncoya, ilama, guanabana, subject to charges imposed by the pond apple State. Anacardium—cashew (i) The following States have entered Artocarpus—breadfruit, jackfruit into a postentry quarantine agreement Averrhoa—carambola in accordance with this paragraph: All Carica—papaya, pawpaw Carissa—natal plum U.S. States and Territories. Ceratonia—St. Johnsbread (ii) [Reserved] Chrysobalanus—coco plum (2) In any such written agreement, Chrysophyllum—starapple the State shall agree to:

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(i) Establish State regulations and (3) In any such written agreement, requirements prior to the effective the Administrator shall agree to: date of the agreement and enforce such (i) Seek State review of permit appli- regulations and requirements nec- cations for postentry quarantine mate- essary to inspect sites and plants grow- rial in that State, and issue permits ing in postentry quarantine and to only after determining that State serv- monitor and enforce compliance with ices are available to monitor the postentry quarantine growing in ac- postentry quarantine; cordance with this section; (ii) Upon request of the State, pro- (ii) Review pending permit applica- vide training, technical advice, and tions for articles to be grown under pest identification services to State of- postentry quarantine conditions in the ficials involved in providing postentry State, upon request of Plant Protec- quarantine services in accordance with tion and Quarantine, and report to the this section; National Postentry Quarantine Coordi- (iii) Notify State officials, in writing nator of Plant Protection and Quar- and within ten days of the arrival, antine whether the State would be able when plant material destined for to provide inspection and monitoring postentry quarantine in their State ar- services for the proposed postentry rives in the United States, and notify quarantine; State officials in writing when mate- (iii) Provide the services of State in- rials in postentry quarantine may be spectors to: inspect sites to be used for released from quarantine in their postentry quarantine; report to the Na- State. tional Postentry Quarantine Coordi- (4) Termination of State postentry quar- nator of Plant Protection and Quar- antine agreement. A State postentry antine whether the site is of adequate quarantine agreement may be termi- size to contain the number of plants nated by either the Administrator or proposed for importation, including po- the State Plant Regulatory Official by tential increase if increase is allowed; giving written notice of termination to inspect plants for evidence of quar- the other party. The effective date of antine pests at least once during the the termination will be 60 days after first year and once during the second the date of actual receipt of notice, year for plants required to be grown in with regard to future importation to postentry quarantine for 2 years, and that State of articles requiring at least once for plants required to be postentry quarantine in accordance grown in quarantine for less than 2 with this section. When a postentry years; and monitor and enforce compli- quarantine agreement is terminated by ance with the requirements of this sec- either the State Plant Regulatory Offi- tion during the use of the sites for cial or the Administrator, APHIS and postentry quarantine; the affected State shall continue to (iv) Report to the National Postentry provide postentry quarantine services Quarantine Coordinatorof Plant Pro- in accordance with the postentry quar- tection and Quarantine any evidence of antine agreement, until the time the quarantine pests that are found at a plant material is eligible to be released postentry quarantine site by State in- from quarantine, for all postentry spectors; recommend to Plant Protec- quarantine material already in the tion and Quarantine safeguards or State, and for all postentry quarantine mitigation measures to control the material that arrives in the State prior pests; and supervise the application of to the effective date of termination. safeguards or mitigation measures ap- (d) Postentry quarantine growing agree- proved by Plant Protection and Quar- ments. Any restricted article required antine; and to be grown under postentry quar- (v) Report to the National Postentry antine conditions, as well as any in- Quarantine Coordinatorof Plant Pro- crease therefrom, shall be grown in ac- tection and Quarantine any propaga- cordance with a postentry quarantine tion or increase in the number of growing agreement signed by the per- plants that occurs during postentry son (the importer) applying for a con- quarantine. trolled import permit in accordance

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with § 319.6 for importation of the arti- charge of the growing site, or any cle and submitted to Plant Protection other person; to retain the abnormal or and Quarantine. On each postentry dead article for at least 60 days fol- quarantine growing agreement, APHIS lowing that date of notification; and to shall also obtain the signature of the give the abnormal or dead article to an State Plant Regulatory Official for the inspector upon request; State in which regulated articles cov- (7) To grow the article or increase ered by the agreement will be grown. therefrom in postentry quarantine for The postentry quarantine growing a period of 2 years unless specified oth- agreement shall specify the kind, num- erwise in the following: ber, and origin of plants to be im- (i) To grow the article or increase ported, and shall certify to APHIS and therefrom, if an article of Rubus spp. to the State in which the articles are (cloudberry, blackberry, boysenberry, grown that the signer of the agreement dewberry, loganberry, raspberry) from will comply with the following condi- Europe, only in a screenhouse with tions for the period of time specified screening of a minimum of 16 mesh per below: inch. (1) To grow such article or increase (ii) To grow the article or increase therefrom only on specified premises therefrom only in a greenhouse or owned, rented, or otherwise in posses- other enclosed building, and to comply sion of the importer, within a space of with the above conditions for a period dimensions designated by an inspector, of 6 months after importation for an and to move, propagate, or allow prop- article of Chrysanthemum spp., agation of the article or increase there- Dendranthema spp, Leucanthemella from or parts thereof only with the serotina, and Nipponanthemum written permission of the coordinator, nipponicum, for a period of 1 year after National Postentry Quarantine Coordi- importation for an article of Dianthus nator, USDA, APHIS, PPQ, 4700 River spp. (carnation, sweet-william), and for Road, Unit 133 Riverdale, MD 20737– a period of 9 months after importation 1236; for an article of Hydrangea spp. (2) To permit an inspector to have ac- (iii) To grow the article or increase cess to the specified premises for in- therefrom, if an article of Humulus spp. spection of such article during regular (hops), a meristem culture of the im- business hours; ported plant will be observed for 6 (3) To keep the article and any in- months, and the original plant will be crease therefrom identified with a label destroyed after the meristem culture is showing the name of the article, port established. After the 6-month observa- accession number, and date of importa- tion, the meristem culture-generated tion; plant must remain in postentry quar- (4) To keep the article separated antine for an additional year. from any other plant or plant product (8) To keep the article under by no less than 3 meters (approxi- postentry quarantine conditions until mately 10 feet) unless such other plant the National Postentry Quarantine Co- or plant product is of the same genus ordinator issues a written release for as the article, entered postentry quar- the article. antine with the article, and arrived to- (e) A completed postentry quarantine gether with the article in a single ship- agreement shall accompany the appli- ment from a foreign region; cation for a written permit for an arti- (5) To allow or apply remedial meas- cle required to be grown under ures (including destruction) deter- postentry quarantine conditions. 7 mined by an inspector to be necessary to prevent the spread of a quarantine 7 Postentry quarantine agreement forms pest; are available without charge from the Ani- (6) To notify an inspector, orally or mal and Plant Health Inspection Service, in writing, within 30 days of the time Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit the importer or the person in charge of 136, Riverdale, Maryland 20737–1236, or local the growing site finds any abnormality offices of the Plant Protection and Quar- of the article, or the article dies or is antine Programs which are listed in tele- killed by the importer, the person in phone directories.

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(f) Inspector-ordered disposal, move- and the increase therefrom must be ment, or safeguarding of restricted arti- grown under the postentry quarantine cles; costs and charges, civil and criminal conditions specified in the authorized liabilities—(1) Growing at unauthorized postentry quarantine growing agree- sites. If an inspector determines that ment, or may require that the person any article subject to the postentry named in the notification must de- quarantine growing requirements of stroy, ship to a point outside the this section, or any increase therefrom, United States, or apply treatments or is being grown at an unauthorized site, other safeguards to the article, the in- the inspector may file an emergency crease therefrom, or any portion of the action notification (PPQ form 523) with article or the increase therefrom, with- the owner of the article or the person in the time specified in the emergency who owns or is in possession of the site action notification. In choosing which on which the article is being grown. action to order and in setting the time The person named in the form 523 limit for the action, the inspector shall must, within the time specified in form consider the degree of pest risk pre- 523, sign a postentry quarantine grow- sented by the quarantine pest(s) associ- ing agreement, destroy, ship to a point ated with the kind of article (including outside the United States, move to an increase therefrom), the types of other authorized postentry quarantine site, host materials for the pest in or near and/or apply treatments or other safe- the growing site, the climate and sea- guards to the article, the increase son at the site in relation to the pest’s therefrom, or any portion of the article survival, and the availability of treat- or the increase therefrom, as pre- ment facilities. scribed by an inspector to prevent the (3) Costs and charges. All costs pursu- introduction of quarantine pests into ant to any action ordered by an inspec- the United States. In choosing which tor in accordance with this section action to order and in setting the time shall be borne by the person who signed limit for the action, the inspector shall the postentry quarantine growing consider the degree of pest risk pre- agreement covering the site where the sented by the quarantine pest(s) associ- articles were grown, or if no such ated with the kind of article (including agreement was signed, by the owner of increase therefrom), the types of other the articles at the growing site. host materials for the pest in or near (4) Civil and criminal liabilities. Any the growing site, the climate and sea- person who moves an article subject to son at the site in relation to the pest’s postentry quarantine growing require- survival, and the availability of treat- ments from the site specified for that ment facilities. article in an authorized postentry quarantine growing agreement, or who (2) Growing at authorized sites. If an otherwise handles such an article con- inspector determines that any article, trary to the requirements of this sec- or any increase therefrom, grown at a tion, shall be subject to such civil pen- site specified in an authorized alties and such criminal liabilities as postentry quarantine growing agree- are provided by 18 U.S.C. 1001, 7 U.S.C. ment is being grown contrary to the 7734, or other applicable Federal stat- provisions of this section, including in utes. numbers greater than the number ap- proved by the postentry quarantine (Approved by the Office of Management and growing agreement, or in a manner Budget under control number 0579–0049) that otherwise presents a risk of intro- [45 FR 31585, May 13, 1980] ducing quarantine pests into the EDITORIAL NOTE: For FEDERAL REGISTER ci- United States, the inspector shall issue tations affecting § 319.37–7, see the List of an emergency action notification (PPQ CFR Sections Affected, which appears in the form 523) to the person who signed the Finding Aids section of the printed volume postentry quarantine growing agree- and at www.fdsys.gov. ment. That person shall be responsible for carrying out all actions specified in § 319.37–8 Growing media. the emergency action notification. The (a) Any restricted article at the time emergency action notification may ex- of importation or offer for importation tend the time for which the articles into the United States shall be free of

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sand, soil, earth, and other growing Begonia media, except as provided in paragraph Gloxinia (=Sinningia) (b), (c), (d) or (e) of this section. Nidularium 10 (b)(1) A restricted article from Can- Oncidium spp. from Taiwan Peperomia ada may be imported in any growing Phalaenopsis spp. from Taiwan and the Peo- medium, except as restricted in para- ple’s Republic of China graph (b)(2) of this section. Polypodiophyta (=Filicales) (ferns) (2) A restricted article from all areas Rhipsalidopsis spp. from the Netherlands and of Canada regulated by the national Denmark plant protection organization of Can- Rhododendron from Europe ada for potato cyst nematode may only Saintpaulia be imported in an approved growing Schlumbergera spp. from the Netherlands and medium if the phytosanitary certifi- Denmark Solanum lycopersicum from Mexico. cate accompanying it contains an addi- tional declaration that that the plants (1) Approved growing media are were grown in a manner to prevent in- baked expanded clay pellets, coal cin- festation by potato cyst nematodes der, coir, cork, glass wool, organic and (Globodera rostochiensis and G. pallida). inorganic fibers, peat, perlite, phenol (c) A restricted article growing solely formaldehyde, plastic particles, poly- in agar or in other agar-like tissue cul- ethylene, polymer stabilized starch, ture medium may be imported estab- polystyrene, polyurethane, rock wool, lished in such growing media. sphagnum moss, ureaformaldehyde, (d) Epiphytic plants (including orchid stockosorb superabsorbent polymer, plants) established solely on tree fern vermiculite, volcanic rock, or zeolite, slabs, coconut husks, coconut fiber, or any combination of these media. new clay pots, or new wooden baskets Growing media must not have been may be imported on such growing previously used. media. New wooden baskets must meet (2) Articles imported under this para- all applicable requirements in §§ 319.40– graph must be grown in compliance 1 through 319.40–11. with a written agreement for enforce- (e) A restricted article of any of the ment of this section signed by the following groups of plants may be im- plant protection service of the country ported established in an approved where grown and Plant Protection and growing medium listed in this para- Quarantine, must be developed from graph if the restricted article meets mother stock that was inspected and the conditions of this paragraph and is found free from evidence of quarantine accompanied by a phytosanitary cer- pests by an APHIS inspector or foreign tificate issued by the plant protection plant protection service inspector no service of the country in which the re- more than 60 days prior to the time the stricted article was grown that de- article is established in the greenhouse clares that the restricted article meets (except for articles developed from the conditions of this paragraph: seeds germinated in the greenhouse), Alstroemeria and must be: Ananas 8 (i) Grown in compliance with a writ- Anthurium ten agreement between the grower and Artificially dwarfed (penjing) plants from the plant protection service of the the People’s Republic of China of the fol- country where the article is grown, in lowing plant species: Buxus sinica, Ehretia which the grower agrees to comply microphylla, Podocarpus macrophyllus, with the provisions of this section and Sageretia thea, and Serissa foetida. to allow inspectors, and representa- Bromeliad plants of the genera Aechmea, tives of the plant protection service of Cryptanthus, Guzmania, Hohenbergia, the country where the article is grown, Neoregelia, Tillandsia, and Vriesea from Bel- access to the growing facility as nec- gium, Denmark, and the Netherlands. 9 essary to monitor compliance with the provisions of this section; 8 These articles are bromeliads, and if im- (ii) Grown solely in a greenhouse in ported into Hawaii, bromeliads are subject to which sanitary procedures adequate to postentry quarantine in accordance with § 319.7–7. 9 See footnote 8. 10 See footnote 8.

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exclude quarantine pests are always (ix) For Rhododendron species only, employed, including cleaning and dis- the plants must be propagated from infection of floors, benches and tools, mother plants that have been visually and the application of measures to pro- inspected by an APHIS inspector or an tect against any quarantine pests . The inspector of the plant protection serv- greenhouse must be free from sand and ice of the exporting country and found soil and must have screening with free of evidence of diseases caused by openings of not more than 0.6 mm (0.2 the following pathogens: Chrysomyxa mm for greenhouses growing Rhododen- ledi var. rhododendri, Erysiphe dron spp.) on all vents and openings ex- cruciferarum, Erysiphe rhododendri, cept entryways. All entryways must be Exobasidium vaccinnum and vaccinum equipped with automatic closing doors; var. japonicum, and Phomopsis theae; (iii) Rooted and grown in an active (x) For Rhododendron species only, state of foliar growth for at least four the plants must be grown solely in a consecutive months immediately prior greenhouse equipped with automatic to importation into the United States, closing double doors of an airlock type, in a greenhouse unit that is used solely so that whenever one of the doors in an for articles grown in compliance with entryway is open the other is closed, this paragraph; and the plants must be introduced into (iv) Grown from seeds germinated in the greenhouse as tissue cultures or as the greenhouse unit; or descended from rootless stem cuttings from mother a mother plant that was grown for at plants that: least 9 months in the exporting coun- (A) Have received a pesticide dip pre- try prior to importation into the scribed by the plant protection service United States of the descendent plants, of the exporting country for mites, provided that if the mother plant was scale insects, and whitefly; and imported into the exporting country (B) Have been grown for at least the from another country, it must be: previous 6 months in a greenhouse that (A) Grown for at least 12 months in meets the requirements of § 319.37– the exporting country prior to impor- 8(e)(2)(ii); and tation of the descendent plants into (xi) Plants of the species Buxus the United States, or sinica, Ehretia microphylla, Podocarpus (B) Treated at the time of importa- macrophyllus, Sageretia thea, and Serissa tion into the exporting country with a foetida from the People’s Republic of treatment prescribed for quarantine China must also meet the following pests of that plant by the plant protec- conditions: tion service of the exporting country (A) Propagative cuttings. The propa- and then grown for at least 9 months in gative materials used to produce the the exporting country prior to impor- artificially dwarfed (penjing) plants tation of the descendent plants into may enter an approved greenhouse the United States; only as seeds, tissue cultures, unrooted (v) Watered only with rainwater that cuttings, or rooted cuttings with no has been boiled or pasteurized, with growing media. Rooted cuttings may clean well water, or with potable not be established or grown in soil at water; any time. Rooted cuttings may be es- (vi) Rooted and grown in approved tablished in a greenhouse or outside growing media listed in § 319.37–8(e)(1) the greenhouse on raised benches (46 on benches supported by legs and cm in height) in pots containing only raised at least 46 cm above the floor; APHIS approved growing media. (vii) Stored and packaged only in (B) Inspection and treatment. When areas free of sand, soil, earth, and quar- any cuttings are introduced into the antine pests; greenhouse, they must be free of grow- (viii) Inspected in the greenhouse and ing media, inspected, and found free of found free from evidence of quarantine quarantine pests and then treated with pests by an APHIS inspector or an in- a pesticide dip approved by the Animal spector of the plant protection service and Plant Quarantine Service of the of the exporting country, no more than People’s Republic of China that will 30 days prior to the date of export to control mites, scale insects, whiteflies, the United States; thrips, and fungi. The artificially

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dwarfed (penjing) plants must be propa- tomato fruit produced from the im- gated from mother plants that have ported greenhouse plantlets may be been visually inspected by an APHIS shipped from the greenhouses for com- inspector or an inspector of the Animal mercial sale within the United States. and Plant Quarantine Service of the (xiii) Plants for planting of People’s Republic of China and found Phalaenopsis spp. from the People’s Re- free of the following pests: public of China may only be imported (1) For Buxus sinica: Guignardia into the continental United States, and miribelii, Macrophoma ehretia, Meliola may not be imported or moved into Ha- buxicola, and Puccinia buxi. waii or the territories of the United (2) For Ehretia microphylla: States. Macrophoma ehretia, Phakopsora (f) A restricted article of Hyacinthus ehretiae, Pseudocercosporella ehretiae, spp. (hyacinth) may be imported estab- Pseudocercospora ehretiae-thyrsiflora, lished in unused peat, sphagnum moss, Uncinula ehretiae, Uredo ehretiae, and or vermiculite growing media, or in Uredo garanbiensis. synthetic growing media or synthetic (3) For Podocarpus macrophyllus: horticultural foams, i.e., plastic par- Pestalosphaeria jinggangensis, Pestalotia ticles, glass wool, organic and inor- diospyri, Phellinus noxius, and ganic fibers, polyurethane, poly- Sphaerella podocarpi. styrene, polyethylene, phenol form- (4) For Sageretia thea: Aecidium aldehyde, or ureaformaldehyde: sageretiae. (1) If there is a written agreement be- (5) For Serissa foetida: Melampsora tween Plant Protection and Quarantine serissicola. and the plant protection service of the (C) Growing. The artificially dwarfed country where the article is grown in (penjing) plants must be grown in an which the plant protection service of approved greenhouse for at least 6 the country where the article is grown months immediately prior to export. agrees to implement a program in com- (D) Additional treatments. While in the pliance with the provisions of this sec- greenhouse, plants must be treated with appropriate pesticides at least tion; once every 10 days or as needed for (2) If there is a written agreement be- three months before shipping to main- tween the grower of the article and the tain a pest-free condition. plant protection service of the country (xii) Plantlets of Solanum in which the article is grown wherein lycopersicum from Mexico must also the grower agrees to comply with the meet the following conditions: provisions of this section, wherein the (A) The plantlets must be produced grower agrees to allow an inspector ac- in accordance with § 319.37–5(r)(3); cess to the growing facility as nec- (B) The plantlets can only be im- essary to monitor compliance with the ported into the continental United provisions of this section, and wherein States, and may not be imported into the grower agrees to allow representa- Hawaii or the territories of the United tives of the plant protection service of States; and the country in which the article is (C) The plantlets must be imported grown access to the growing facility as from Mexico directly into a greenhouse necessary to make determinations con- in the continental United States, the cerning compliance with the provisions owner or owners of which have entered of this section; into a compliance agreement with (3) If: (i) Inspected immediately prior APHIS. The required compliance agree- to the growing period by the plant pro- ment will specify the conditions under tection service of the country in which which the plants must enter and be the article is to be grown and found to maintained within the greenhouse, and be free of quarantine pests; will prohibit the plantlets from being (ii) Grown throughout its growing pe- moved from the greenhouse following riod only in a coldroom (with tempera- importation, other than for the appro- tures not exceeding 9 °C. (48 °F.)) with- priate disposal of dead plantlets. in an enclosed building; (D) If all of the above requirements (iii) Grown only in a coldroom unit are correctly complied with, then the solely used for articles grown under all

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the criteria specified in this paragraph and Technology, Plant Epidemiology (f); and Risk Assessment Laboratory, 1017 (iv) Grown only in unused peat, Main Campus Drive, Suite 2500, Ra- sphagnum moss, or vermiculite grow- leigh, NC 27606. ing media; or grown only in synthetic (Approved by the Office of Management and growing media or synthetic horti- Budget under control numbers 0579–0266, cultural foams, i.e., plastic particles, 0579–0431, and 0579–0439) glass wool, organic and inorganic fi- [45 FR 31585, May 13, 1980] bers, polyurethane, polystyrene, poly- ethylene, phenol formaldehyde, EDITORIAL NOTE: For FEDERAL REGISTER ci- ureaformaldehyde; tations affecting § 319.37–8, see the List of (v) Watered only with clean rain- CFR Sections Affected, which appears in the Finding Aids section of the printed volume water that has been pasteurized, with and at www.fdsys.gov. clean well water, or with potable water; § 319.37–9 Approved packing material. (vi) Grown in a coldroom free of sand, Any restricted article at the time of soil, or earth; importation or offer for importation (vii) Grown only in a coldroom where into the United States shall not be strict sanitary procedures are always packed in a packing material unless practiced, i.e., cleaning and disinfec- the plants were packed in the packing tion of floors and tools and the applica- material immediately prior to ship- tion of measures to protect against any ment; such packing material is free quarantine pests; and from sand, soil, or earth (except for (viii) Stored only in areas found free sand designated below); has not been of sand, soil, earth, quarantine pests; used previously as packing material or (4) If appropriate measures have been otherwise; and is listed below: taken to assure that the article is to be stored, packaged, and shipped free of Baked or expanded clay pellets. quarantine pests; Buckwheat hulls. (5) If accompanied by a Coral sand from Bermuda, if the article packed in such sand is accompanied by a phytosanitary certificate of inspection phytosanitary certificate of inspection containing an accurate additional dec- containing an accurate additional declara- laration from the plant protection tion from the plant protection service of service of the country in which grown Bermuda that such sand was free from soil. that the article meets conditions of Excelsior. growing, storing, and shipping in com- Exfoliated vermiculite. pliance with 7 CFR 319.37–8(f); and Ground cork. Ground peat. (6) If the accompanying Ground rubber. phytosanitary certificate of inspection Paper. is endorsed by a Plant Protection and Perlite. Quarantine inspector in the country of Polymer stabilized cellulose. origin or at the time of offer for impor- Quarry gravel. tation, representing a finding based on Rock wool. monitoring inspections that the condi- Sawdust. Shavings—wood or cork. tions listed above are being met. Sphagnum moss. (g) Pest risk evaluation standards for Stockosorb superabsorbent polymer plants established in growing media. The Vegetable fiber when free of pulp, including Animal and Plant Health Inspection coconut fiber and Osmunda fiber, but ex- Service will conduct a pest risk assess- cluding sugarcane fiber and cotton fiber. ment based on pest risk analysis guide- Volcanic rock. lines established by the International [45 FR 31585, May 13, 1980, as amended at 57 Plant Protection Convention of the FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, United Nations’ Food and Agriculture 1995; 68 FR 50047, Aug. 20, 2003] Organization in response to each re- quest to allow the importation of addi- § 319.37–10 Marking and identity. tional taxa of plants in growing media. (a) Any restricted article for impor- These guidelines are available upon re- tation other than by mail, at the time quest by writing to USDA, APHIS, of importation or offer for importation PPQ, Center for Plant Health Science into the United States shall plainly

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and correctly bear on the outer con- or packing list must also identify the tainer (if in a container) or the re- species or cultivar of the articles. stricted article (if not in a container) (Approved by the Office of Management and the following information: Budget under control number 0579–0049) (1) General nature and quantity of [45 FR 31585, May 13, 1980, as amended at 48 the contents, FR 57466, Dec. 30, 1983; 72 FR 43522, Aug. 6, (2) Country and locality where 2007; 79 FR 74594, Dec. 16, 2014] grown, (3) Name and address of shipper, § 319.37–11 Arrival notification. owner, or person shipping or for- Promptly upon arrival of any re- warding the article, stricted article that must be accom- (4) Name and address of consignee, panied by a permit in accordance with (5) Identifying shipper’s mark and § 319.37–3(a)(1) through (11) at a port of number, and entry, the importer shall notify the (6) Number of written permit author- Plant Protection and Quarantine Pro- izing the importation if one was issued. grams of the arrival by such means as a manifest, Customs entry document, (b) Any restricted article for impor- commercial invoice, waybill, a broker’s tation by mail shall be plainly and cor- document, or a notice form provided rectly addressed and mailed to the for that purpose. Plant Protection and Quarantine Pro- grams at a port of entry identified in (Approved by the Office of Management and § 319.37–14, shall be accompanied by a Budget under control number 0579–0049) separate sheet of paper within the [45 FR 31585, May 13, 1980, as amended at 48 package plainly and correctly bearing FR 57466, Dec. 30, 1983; 79 FR 74594, Dec. 16, the name, address, and telephone num- 2014] ber of the intended recipient, and shall § 319.37–12 Prohibited articles and ar- plainly and correctly bear on the outer ticles whose importation is not au- container the following information: thorized pending pest risk analysis (1) General nature and quantity of accompanying restricted articles. the contents, A restricted article for importation (2) Country and locality where into the United States may not be grown, packed in the same container as an ar- (3) Name and address of shipper, ticle whose importation into the owner, or person shipping or for- United States is prohibited by this sub- warding the article, and part or in the same container as an ar- (4) Number of written permit author- ticle whose importation is not author- izing the importation, if one was ized pending pest risk analysis under issued. § 319.37–2a of this subpart. (c) Any restricted article for impor- [76 FR 31210, May 27, 2011] tation (by mail or otherwise), at the time of importation or offer for impor- § 319.37–13 Treatment and costs and tation into the United States shall be charges for inspection and treat- ment; treatments applied outside accompanied by an invoice or packing the United States. list indicating the scientific names of (a) The services of a Plant Protection the articles, at least to the level of and Quarantine inspector during regu- genus, and the quantity of plants for larly assigned hours of duty and at the planting in the shipment. Quantity usual places of duty shall be furnished must be expressed in the number of without cost to the importer. 11 No plant units, or in the case of seeds, by charge will be made to the importer for weight in grams or kilograms. Finally, Government owned or controlled spe- when the regulations in this subpart cial inspection facilities and equipment place restrictions on individual species used in treatment, but the inspector or cultivars within a genus, the invoice 11 Provisions relating to costs for other services of an inspector are contained in part 354.

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may require the importer to furnish issued with the following declaration: any special labor, chemicals, packing ‘‘The consignment of (fill in botanical materials, or other supplies required in name) has been treated in accordance handling an importation under the reg- with 7 CFR part 305.’’ During the entire ulations in this subpart. The Plant interval between treatment and export, Protection and Quarantine Programs the consignment must be stored and will not be responsible for any costs or handled in a manner that prevents any charges, other than those indicated in infestation by quarantine pests. this section. [45 FR 31585, May 13, 1980, as amended at 57 (b) Any treatment performed in the FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. United States on a restricted article 13, 1995; 61 FR 51210, Oct. 1, 1996; 68 FR 50047, shall be performed by an inspector or Aug. 20, 2003; 70 FR 33324, June 7, 2005; 75 FR under an inspector’s supervision at a 4251, Jan. 26, 2010; 76 FR 31210, May 27, 2011; government-operated special inspec- 76 FR 67583, Nov. 2, 2011; 79 FR 19810, Apr. 10, tion facility, except that an importer 2014] may have such treatment performed at a nongovernmental facility if the § 319.37–14 Ports of entry. treatment is performed at nongovern- Any restricted article required to be ment expense under the supervision of imported under a written permit pursu- an inspector and in accordance with ant to § 319.37–3(a)(1) through (6) of this any applicable treatment requirements subpart, if not precleared, may be im- of this subpart and in accordance with ported or offered for importation only any treatment required by an inspector at a USDA plant inspection station as an emergency measure in order to listed below. Ports of entry through prevent the dissemination of any quar- which restricted articles must pass be- antine pests. However, treatment may fore arriving at these USDA plant in- be performed at a nongovernmental fa- spection stations are listed in the sec- cility only in cases of unavailability of ond column. Any other restricted arti- government facilities and only if, in cle that is not required to be imported the judgment of an inspector, such ar- under a written permit pursuant to ticle can be transported to such non- § 319.37–3(a)(1) through (6) of this sub- governmental facility without the risk part may be imported or offered for im- of introduction into the United States portation at any Customs designated of quarantine pests. port of entry indicated in 19 CFR (c) Any treatment performed outside 101.3(b)(1). Exceptions may be listed in the United States must be monitored § 330.104 of this chapter. Articles that and certified by an APHIS inspector or are required to be imported under a an official from the plant protection written permit that are also precleared service of the exporting country. If in the country of export are not re- monitored and certified by an official quired to enter at an inspection station of the plant protection service of the and may enter through any Customs exporting country, then a port of entry. Exceptions may be listed phytosanitary certificate must be in § 330.104 of this chapter.

LIST OF USDA PLANT INSPECTION STATIONS

State Port of entry Federal plant inspection station

Arizona ...... Nogales ...... Plant Inspection Station, 9 North Grand Avenue, Room 120, Nogales, AZ 85621. California ...... Long Beach, Los Angeles, San Los Angeles Inspection Station, 11840 S. La Cienega Blvd., Haw- Pedro. thorne, CA 90250. San Diego, San Ysidro ...... Plant Inspection Station, 9777 Via de la Amistad, Room 140, San Diego, CA 92154. Oakland, San Francisco ...... Plant Inspection Station, 389 Oyster Point Blvd., Suite 2, South San Francisco, CA 94080. Florida ...... Miami (Note: Restricted articles Plant Inspection Station, 6302 NW 36th Street, Miami, FL 33122. may be moved from Fort Lauder- dale to Miami under U.S. Cus- toms bond). Orlando ...... Plant Inspection Station, 3951 Centerport St., Orlando, FL 32827. Georgia ...... Atlanta ...... Hartsfield Perishable Complex, 1270 Woolman Place, Atlanta, GA 30354.

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LIST OF USDA PLANT INSPECTION STATIONS—Continued

State Port of entry Federal plant inspection station

Guam ...... Agana ...... Plant Inspection Station, 17–3306 Neptune Avenue, Tiyan, Barrigada, GU 96913. Hawaii ...... Honolulu (Airport) ...... Honolulu Inspection Station, Honolulu International Airport, 300 Rod- gers Boulevard, #58, Honolulu, HI 96819–1897. Maryland ...... Beltsville (Note: Plant germplasm National Plant Germplasm Inspection Station, Building 580, BARC only). East, Beltsville, MD 20705. New Jersey...... Elizabeth, New York (Maritime), Frances Krim Memorial Inspection Station, 2500 Brunswick Avenue, Newark. Building G, Linden, NJ 07036. New York ...... Jamaica (JFK) ...... Plant Inspection Station, 230–59 International Airport Centers Boule- vard, Building C, Suite 100, Room 109, Jamaica, NY 11413. Puerto Rico ...... San Juan ...... Plant Inspection Station, 150 Central Sector, Building C–2, Warehouse 3, Carolina, PR 00979. Texas ...... Houston ...... Plant Inspection Station, 19581 Lee Road, Humble, TX 77338. Los Indios ...... Plant Inspection Station, P.O. Drawer Box 393, 100 Los Indios Boule- vard, Los Indios, TX 78567. Washington ...... Seattle ...... 835 S. 192nd Street, Suite 1600, Sea-Tac, WA 98148.

[72 FR 43522, Aug. 6, 2007, as amended at 78 Compliance agreement. A written FR 24667, Apr. 26, 2013] agreement between APHIS and a per- son engaged in processing, handling, or Subpart—Logs, Lumber, and Other moving regulated articles, in which the Wood Articles person agrees to comply with require- ments contained in the agreement. SOURCE: 60 FR 27674, May 25, 1995, unless Controlled import permit. A written or otherwise noted. electronically transmitted authoriza- tion issued by APHIS for the importa- § 319.40–1 Definitions. tion into the United States of other- Administrator. The Administrator of wise prohibited or restricted plant ma- the Animal and Plant Health Inspec- terial for experimental, therapeutic, or tion Service, United States Depart- developmental purposes, under con- ment of Agriculture, or any employee trolled conditions as prescribed by the of the United States Department of Ag- Administrator in accordance with riculture delegated to act in his or her § 319.6. stead. Fines. Small particles or fragments of APHIS. The Animal and Plant Health wood, slightly larger than sawdust, Inspection Service, United States De- that result from chipping, sawing, or partment of Agriculture. processing wood. Bark chips. Bark fragments broken or Free from rot. No more than two per- shredded from log or branch surfaces. cent by weight of the regulated articles Certificate. A certificate of inspection in a lot show visual evidence of fruc- relating to a regulated article, which is tification of fungi or growth of other issued by an official authorized by the microorganisms that cause decay and national government of the country in the breakdown of cell walls in the regu- which the regulated article was pro- lated articles. duced or grown, which is addressed to General permit. A written authoriza- the plant protection service of the tion contained in § 319.40–3 for any per- United States (Plant Protection and Quarantine Programs), which contains son to import the articles named by a description of the regulated article, the general permit, in accordance with which certifies that the regulated arti- the requirements specified by the gen- cle has been inspected, is believed to be eral permit, without being issued a spe- free of plant pests, and is believed to be cific permit. eligible for importation pursuant to Humus, compost, and litter. Partially the laws and regulations of the United or wholly decayed plant matter. States, and which may contain any Import (imported, importation). To specific additional declarations re- bring or move into the territorial lim- quired under this subpart. its of the United States.

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Importer document. A written declara- tain parts that are either unprocessed tion signed by the importer of regu- or have received only primary proc- lated articles, which must accompany essing and are not feasibly separable the regulated articles at the time of from the other parts of the article: importation, in which the importer ac- Logs; lumber; any whole tree; any cut curately declares information about tree or any portion of a tree, not solely the regulated articles required to be consisting of leaves, flowers, fruits, disclosed by § 319.40–2(b). buds, or seeds; bark; cork; laths; hog Inspector. Any individual authorized fuel; sawdust; painted raw wood prod- by the Administrator to enforce this ucts; excelsior (wood wool); wood chips; subpart. wood mulch; wood shavings; pickets; Log. The bole of a tree; trimmed tim- stakes; shingles; solid wood packing ber that has not been sawn further materials; humus; compost; litter; and than to form cants. wooden handicrafts. Loose wood packing material. Excelsior Regulated wood packaging material. (wood wool), sawdust, and wood shavings, produced as a result of saw- Wood packaging material other than ing or shaving wood into small, slen- manufactured wood materials, loose der, and curved pieces. wood packing materials, and wood Lot. All the regulated articles on a pieces less than 6 mm thick in any di- single means of conveyance that are mension, that are used or for use with derived from the same species of tree cargo to prevent damage, including, and were subjected to the same treat- but not limited to, dunnage, crating, ments prior to importation, and that pallets, packing blocks, drums, cases, are consigned to the same person. and skids. Lumber. Logs that have been sawn Sealed container; sealable container. A into boards, planks, or structural mem- completely enclosed container designed bers such as beams. for the storage or transportation of Permit. A specific permit to import a cargo, and constructed of metal or fi- regulated article issued in accordance berglass, or other rigid material, pro- with § 319.40–4, or a general permit pro- viding an enclosure which prevents the mulgated in § 319.40–3. entrance or exit of plant pests and is Plant pest. Any living stage of any in- accessed through doors that can be sects, mites, nematodes, slugs, snails, closed and secured with a lock or seal. protozoa, or other invertebrate ani- Sealed (sealable) containers are dis- mals, bacteria, fungi, other parasitic tinct and separable from the means of plants or reproductive parts of para- conveyance carrying them. sitic plants, noxious weeds, viruses, or Specific permit. A written document any organism similar to or allied with issued by APHIS to the applicant in ac- any of the foregoing, or any infectious cordance with § 319.40–4 that authorizes substances, which can injure or cause importation of articles in accordance disease or damage in any plants, parts with this subpart and specifies or refers of plants, or any products of plants. to the regulations applicable to the Port of first arrival. The area (such as a seaport, airport, or land border sta- particular importation. tion) where a person or a means of con- Statement of origin and movement. A veyance first arrives in the United signed, accurate statement certifying States, and where inspection of regu- the area or areas where the regulated lated articles is carried out by inspec- articles originated and, if applicable, tors. the area or areas they were moved Primary processing. Any of the fol- through prior to importation. The lowing processes: cleaning (removal of statement may be printed directly on soil, limbs, and foliage), debarking, the documentation accompanying the rough sawing (bucking or squaring), shipment of regulated articles, or it rough shaping, spraying with fungicide may be provided on a separate docu- or insecticide sprays, and fumigation. ment. The statement does not require Regulated article. The following arti- the signature of a public officer of a na- cles, if they are unprocessed, have re- tional plant protection organization; ceived only primary processing, or con- exporters may sign the document.

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Tropical hardwoods. Hardwood timber paragraph (c) of this section or § 319.40– species which grow only in tropical cli- 3, no regulated article may be imported mates. unless it is accompanied by an im- United States. All of the States of the porter document stating the following United States, the District of Colum- information. A certificate that con- bia, Guam, the Northern Mariana Is- tains this information may be used in lands, Puerto Rico, the Virgin Islands lieu of an importer document at the op- of the United States, and all other ter- tion of the importer: ritories and possessions of the United (1) The genus and species of the tree States. from which the regulated article was Wood chips. Wood fragments broken derived; or shredded from any wood. (2) The country, and locality if Wood mulch. Bark chips, wood chips, known, where the tree from which the wood shavings, or sawdust intended for regulated article was derived was har- use as a protective or decorative vested; ground cover. (3) The quantity of the regulated ar- Wood packaging material. Wood or ticle to be imported; wood products (excluding paper prod- (4) The use for which the regulated ucts) used in supporting, protecting or article is imported; and carrying a commodity (includes (5) Any treatments or handling of the dunnage). regulated article required by this sub- Wooden handicraft. A commodity part that were performed prior to ar- class of articles derived or made from rival at the port of first arrival. natural components of wood, twigs, (c) Regulation of articles imported for and vines, and including bamboo poles propagation or human consumption. The and garden stakes. Handicrafts include requirements of this subpart do not the following products where wood is apply to regulated articles that are al- present: Carvings, baskets, boxes, bird lowed importation in accordance with houses, garden and lawn/patio fur- § 319.19, ‘‘Subpart—Citrus Canker and niture (rustic), potpourri, artificial Other Citrus Diseases’’, or §§ 319.37 trees (typically artificial ficus trees), through 319.37–14, ‘‘Subpart—Nursery trellis towers, garden fencing and edg- Stock, Plants, Roots, Bulbs, Seeds, and ing, and other items composed of wood. Other Plant Products’’; or to regulated [60 FR 27674, May 25, 1995, as amended at 63 articles imported for human consump- FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, tion that are allowed importation in 1998; 65 FR 21127, Apr. 20, 2000; 69 FR 55732, accordance with ‘‘Subpart—Fruits and Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR Vegetables.’’ 33324, June 7, 2005; 72 FR 30467, June 1, 2007; 77 FR 12443, Mar. 1, 2012; 78 FR 25571, May 2, (d) Regulated articles imported for ex- 2013] perimental, therapeutic, or developmental purposes. Any regulated article may be § 319.40–2 General prohibitions and re- imported without further restriction strictions; relation to other regula- under this subpart if: tions. (1) Imported for experimental, thera- (a) Permit required. Except for regu- peutic, or developmental purposes lated articles exempted from this re- under the conditions specified in a con- quirement by paragraph (c) of this sec- trolled import permit issued in accord- tion or § 319.40–3, no regulated article ance with § 319.6; may be imported unless a specific per- (2) Imported pursuant to a controlled mit has been issued for importation of import permit issued by APHIS for the the regulated article in accordance regulated article prior to its importa- with § 319.40–4, and unless the regulated tion and kept on file at the port of first article meets all other applicable re- arrival; and quirements of this subpart and any re- (3) Imported under conditions speci- quirements specified by APHIS in the fied on the controlled import permit specific permit. and found by the Administrator to be (b) Importer document; documentation adequate to prevent the introduction of type, quantity, and origin of regulated into the United States of plant pests. articles. Except for regulated articles (e) Designation of additional regulated exempted from this requirement by articles. An inspector may designate

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any article as a regulated article by and that are moving to a United States giving written notice of the designa- facility operating under a compliance tion to the owner or person in posses- agreement for specified handling or sion or control of the article. APHIS processing under the provisions of will implement rulemaking to add arti- § 319.40–8. cles designated as regulated articles to (C) Regulated articles of Fraxinus the definition of regulated article in spp. (ash), which are subject to the re- § 319.40–1 if importation of the article quirements in § 319.40–5(n). appears to present a recurring signifi- (ii) From States in Mexico adjacent cant risk of introducing plant pests. In- to the United States: Commercial and spectors may designate an article as a noncommercial shipments of mesquite regulated article after determining wood for cooking; commercial and non- that: commercial shipments of unmanufac- (1) The article was imported in the tured wood for firewood; and small, same container or hold as a regulated noncommercial packages of unmanu- article; factured wood for personal cooking or (2) Other articles of the same type personal medicinal purposes. imported from the same country have (2) Commercial shipments allowed in been found to carry plant pests; or paragraph (a)(1) of this section are sub- (3) The article appears to be contami- ject to the inspection and other re- nated with regulated articles or soil. quirements in § 319.40–9 and must be ac- (f) In addition to meeting the re- companied by an importer document quirements of this subpart, bark and stating that they are derived from bark products and logs and pulpwood trees harvested in Canada or States in with bark attached, as well as cut trees Mexico adjacent to the United States (e.g., Christmas trees), imported from border. Canada are subject to the inspection (3) Noncommercial shipments al- and certification requirements for lowed in paragraph (a)(1) of this section gypsy moth in § 319.77–4 of this part. are subject to inspection and other re- quirements of § 319.40–9 and must be ac- (Approved by the Office of Management and Budget under control number 0579–0049) companied by an importer document or oral declaration stating that they are [60 FR 27674, May 25, 1995, as amended at 63 derived from trees harvested in Canada FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, or States in Mexico adjacent to the 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR 40878, July 19, 2006; 72 FR United States border. 39501, July 18, 2007; 78 FR 25571, May 2, 2013] (b) Regulated wood packaging material. Regulated wood packaging material, § 319.40–3 General permits; articles whether in actual use as packing for that may be imported without a regulated or nonregulated articles or specific permit; articles that may be imported as cargo, may be imported imported without either a specific into the United States under a general permit or an importer document. permit in accordance with the fol- (a) Canada and Mexico. (1) The fol- lowing conditions: lowing articles may be imported into (1) The wood packaging material the United States under general per- must have been treated in accordance mit: with part 305 of this chapter. (i) From Canada: Regulated articles, (2) Marking. The wood packaging ma- other than the following: terial must be marked in a visible loca- (A) Regulated articles of the sub- tion on each article, preferably on at families Aurantioideae, Rutoideae, and least two opposite sides of the article, Toddalioideae of the botanical family with a legible and permanent mark Rutaceae, and; that indicates that the article meets (B) Regulated articles of pine (Pinus the requirements of this paragraph. spp.) that are not completely free of The mark must be approved by the bark from Provinces in Canada that International Plant Protection Con- are considered to be infested or par- vention in its International Standards tially infested with pine shoot beetle for Phytosanitary Measures to certify (Tomicus pinniperda), as determined by that wood packaging material has been the Canadian Food Inspection Agency, subjected to an approved measure, and

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must include a unique graphic symbol, treatment (e.g., HT for heat treatment the ISO two-letter country code for the or MB for methyl bromide fumigation). country that produced the wood pack- The currently approved format for the aging material, a unique number as- mark is as follows, where XX would be signed by the national plant protection replaced by the country code, 000 by agency of that country to the producer the producer number, and YY by the of the wood packaging material, and an treatment type (HT or MB): abbreviation disclosing the type of

(3) Immediate reexport of regulated without further restriction under this wood packaging material without required subpart. mark. An inspector at the port of first (d) Bamboo timber. APHIS hereby arrival may order the immediate reex- issues a general permit to import regu- port of regulated wood packaging ma- lated articles authorized by this para- terial that is imported without the graph. Bamboo timber which is free of mark required by paragraph (b)(2) of leaves and seeds and has been sawn or this section, in addition to or in lieu of split lengthwise and dried may be im- any port of first arrival procedures re- ported subject to the inspection and quired by § 319.40–9 of this part. (4) Exception for Department of De- other requirements in § 319.40–9 and fense. Regulated wood packaging mate- without further restriction under this rial used by the Department of Defense subpart. (DOD) of the U.S. Government to pack- (e) Regulated articles the permit process age nonregulated articles, including has determined to present no plant pest commercial shipments pursuant to a risk. Regulated articles for which a spe- DOD contract, may be imported into cific permit has been issued in accord- the United States without the mark re- ance with § 319.40–4(b)(2)(i) may be im- quired by paragraph (b)(2) of this sec- ported without other restriction under tion. this subpart, except that they are sub- (Approved by the Office of Management and ject to the inspection and other re- Budget under control numbers 0579–0049 and quirements in § 319.40–9. 0579–0225) (Approved by the Office of Management and (c) Loose wood packing materials. Budget under control numbers 0579–0049 and APHIS hereby issues a general permit 0579–0257) to import regulated articles authorized [60 FR 27674, May 25, 1995, as amended at 63 by this paragraph. Loose wood packing FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, materials (whether in use as packing or 1998; 69 FR 52418, Aug. 26, 2004; 69 FR 55732, imported as cargo) that are dry may be Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR imported subject to the inspection and 57386, Sept. 29, 2006; 72 FR 30462, 30467, June other requirements in § 319.40–9 and 1, 2007; 75 FR 4251, Jan. 26, 2010]

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§ 319.40–4 Application for a permit to mit for importation of the regulated import regulated articles; issuance article. and withdrawal of permits. (Approved by the Office of Management and (a) Application procedure. An applica- Budget under control number 0579–0049) tion for a permit must be obtained and [60 FR 27674, May 25, 1995, as amended at 66 submitted in accordance with §§ 319.7 FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, through 319.7–5. 2004; 79 FR 19810, Apr. 10, 2014; 81 FR 40150, (b) Review of application and issuance June 21, 2016] of permit. After receipt and review of the application, APHIS shall determine § 319.40–5 Importation and entry re- whether it appears that the regulated quirements for specified articles. article at the time of importation will (a) Bamboo timber. Bamboo timber meet either the specific importation consisting of whole culms or canes may requirements in § 319.40–5 or the uni- be imported into Guam or the Northern versal importation requirements in Mariana Islands subject to inspection § 319.40–6. and other requirements of § 319.40–9. (1) If it appears that the regulated ar- Bamboo timber consisting of whole ticle proposed for importation will culms or canes that are completely dry as evidenced by lack of moisture in meet the requirements of either node tissue may be imported into any § 319.40–5 or § 319.40–6, a permit stating part of the United States subject to in- the applicable conditions for importa- spection and other requirements of tion under this subpart shall be issued § 319.40–9. for the importation of the regulated ar- (b) Monterey pine logs and lumber from ticle identified in the application. Chile and New Zealand; Douglas-fir logs (2) If it appears that the regulated ar- and lumber from New Zealand—(1) ticle proposed for importation will not Logs—(i) Requirements prior to importa- meet the requirements of either tion. Monterey or Radiata pine (Pinus § 319.40–5 or § 319.40–6 because these sec- radiata) logs from Chile or New Zealand tions do not address the particular reg- and Douglas-fir (Pseudotsuga menziesii) ulated article identified in the applica- logs from New Zealand that are accom- tion, APHIS shall review the applica- panied by a certificate stating that the tion by applying the plant pest risk as- logs meet the requirements of para- sessment standards specified in § 319.40– graph (b)(1)(i) (A) through (D) of this 11. section, and that are consigned to a fa- (i) If this review reveals that impor- cility in the United States that oper- tation of the regulated article under a ates in accordance with § 319.40–8, may permit and subject to the inspection be imported in accordance with para- and other requirements in § 319.40–9, graphs (b)(1)(i)(A) through (b)(1)(iii) of but without any further conditions, this section. will not result in the introduction of (A) The logs must be from live plant pests into the United States, a healthy trees which are apparently free permit for importation of the regulated of plant pests, plant pest damage, and decay organisms. article shall be issued. The permit may only be issued in unique and unforeseen (B) The logs must be debarked in ac- cordance with § 319.40–7(b) prior to fu- circumstances when the importation of migation. the regulated article is not expected to (C) The logs and any regulated wood recur. packaging material to be used with the (ii) If this review reveals that the logs during shipment to the United regulated article may be imported States must be fumigated in accord- under conditions that would reduce the ance with part 305 of this chapter with- plant pest risk to an insignificant in 45 days following the date the trees level, APHIS may implement rule- are felled and prior to arrival of the making to add the additional condi- logs in the United States, in the holds tions to this subpart, and after the reg- or in sealable containers. Fumigation ulations are effective, may issue a per- must be conducted in the same sealable container or hold in which the logs and

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regulated wood packaging material are with part 305 of this chapter , or other exported to the United States. processing that will destroy any plant (D) During shipment to the United pests associated with the sawdust, States, no other regulated article is wood chips, and waste. Composting and permitted on the means of conveyance use of the sawdust, wood chips, and with the logs, unless the logs and the waste as mulch are prohibited unless other regulated articles are in separate composting and use as mulch are pre- holds or separate sealed containers, or, ceded by fumigation in accordance if the logs and other regulated articles with part 305 of this chapter , heat are mixed in a hold or sealed container, treatment in accordance with part 305 the other regulated articles either have of this chapter , or heat treatment been heat treated with moisture reduc- with moisture reduction in accordance tion in accordance with part 305 of this with part 305 of this chapter . Wood chapter, or have been fumigated in the chips, sawdust, and waste may be hold or sealable container in accord- moved in enclosed trucks for proc- ance with paragraph (b)(1)(i)(C) of this essing at another facility operating section. under a compliance agreement in ac- (ii) Requirements upon arrival in the cordance with § 319.40–8. United States. The following require- (2) Raw lumber. Raw lumber, includ- ments apply upon arrival of the logs in ing regulated wood packaging material the United States. imported as cargo, from Chile or New (A) The logs must be kept segregated Zealand derived from Monterey or from other regulated articles from the Radiata pine (Pinus radiata) logs and time of discharge from the means of raw lumber from New Zealand derived conveyance until the logs are com- from Douglas-fir (Pseudotsuga menziesii) pletely processed at a facility in the logs may be imported in accordance United States that operates under a with paragraphs (b)(2) (i) and (ii) of this compliance agreement in accordance section. with § 319.40–8. (i) During shipment to the United (B) The logs must be moved from the States, no other regulated article port of first arrival to the facility that (other than regulated wood packaging operates under a compliance agree- ment in accordance with § 319.40–8 by as material) is permitted on the means of direct a route as reasonably possible. conveyance with the raw lumber, un- (iii) Requirements at the processing fa- less the raw lumber and the other regu- cility. The logs must be consigned to a lated articles are in separate holds or facility operating under a compliance separate sealed containers; Except for agreement in accordance with § 319.40–8 mixed shipments of logs and raw lum- that includes the following require- ber fumigated in accordance with part ments: 305 of this chapter and moved in ac- (A) Logs or any products generated cordance with paragraph (b)(1)(i)(D) of from logs, including lumber, must be this section. Raw lumber on the ves- heat treated in accordance with part sel’s deck must be in a sealed con- 305 of this chapter, or heat treated with tainer. moisture reduction in accordance with (ii) The raw lumber must be con- part 305 of this chapter. signed to a facility operating under a (B) The logs, including sawdust, wood compliance agreement in accordance chips, or other products generated from with § 319.40–8 that requires the raw the logs in the United States, must be lumber to be heat treated in accord- processed in accordance with para- ance with part 305 of this chapter or graph (b)(1)(iii) of this section within 60 heat treated with moisture reduction days from the time the logs are re- in accordance with part 305 of this leased from the port of first arrival. chapter before any cutting, planing, or (C) Sawdust, wood chips, and waste sawing of the raw lumber, and within generated by sawing or processing the 30 days from the time the lumber is re- logs must be disposed of by burning, leased from the port of first arrival. heat treatment in accordance with part (c) Tropical hardwoods—(1) Debarked. 305 of this chapter , heat treatment Tropical hardwood logs and lumber with moisture reduction in accordance that have been debarked in accordance

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with § 319.40–7(b) may be imported sub- cent to the United States/Mexico border. 1 ject to the inspection and other re- Cross-ties (railroad ties) 8 inches or quirements of § 319.40–9. less at maximum thickness and lumber (2) Not debarked. Tropical hardwood derived from pine and fir may be im- logs that have not been debarked may ported from Mexican States adjacent be imported if fumigated in accordance to the United States/Mexico border with part 305 of this chapter prior to into the United States if they: arrival in the United States. (1) Originate from Mexican States ad- (3) Not debarked; small lots. Tropical jacent to the United States/Mexico bor- hardwood logs that have not been de- der; barked may be imported into the (2) Are 100 percent free of bark; and United States, other than into Hawaii, (3) Are fumigated in accordance with Puerto Rico, or the Virgin Islands of part 305 of this chapter prior to arrival the United States, if imported in a lot in the United States. of 15 or fewer logs and subject to the (m) Regulated articles of pine (Pinus inspection and other requirements of spp.) that are not completely free of bark § 319.40–9. from Canada—(1) Cut pine Christmas (d) Temperate hardwoods. Temperate trees. Cut pine Christmas trees from hardwood logs and lumber (with or Canada may be imported into the without bark) from all places except United States only if they meet the fol- places in Asia that are east of 60° East lowing requirements, as well as all Longitude and north of the Tropic of other applicable requirements of this Cancer may be imported if fumigated subpart: in accordance with part 305 of this (i) From noninfested Canadian Prov- chapter prior to arrival in the United inces to all areas of the United States. States and subject to the inspection Cut pine Christmas trees that origi- and other requirements of § 319.40–9. nated in and were moved only through (e) Regulated articles associated with Canadian Provinces that are not con- exclusively tropical climate pests. Regu- sidered to be infested or partially in- lated articles that have been identified fested with pine shoot beetle (Tomicus by a plant pest risk assessment as asso- piniperda), as determined by the Cana- ciated solely with plant pests that can dian Food Inspection Agency (CFIA), successfully become established only in may be imported into any area of the tropical or subtropical climates may be United States only if: (A) They are accompanied by a state- imported if: ment of origin and movement that (1) The regulated article is imported specifies the Canadian Province where only to a destination in the conti- the cut pine Christmas trees originated nental United States; and, and, if applicable, the Province or (2) the regulated article is not im- Provinces they were moved through, if ported into any tropical or subtropical different from the Province of origin, areas of the United States specified in and also states that the cut pine the permit. Christmas trees originated in and were (f) Cross-ties (railroad ties) from all moved only through areas of Canada places, except places in Asia that are ° not considered to be infested with pine east of 60 East Longitude and north of shoot beetle, as determined by the the Tropic of Cancer, may be imported CFIA; if completely free of bark and accom- (B) The U.S. destination (including panied by an importer document stat- county and State) is plainly indicated ing that the cross-ties will be pressure on the cut pine Christmas trees or on treated with a preservative within 30 the outer covering or container; and days following the date of importation (C) If the cut pine Christmas trees at a U.S. facility under compliance are to be moved through an area of the agreement. Cross-ties (railroad ties) United States quarantined for pine may also be imported if heat treated in shoot beetle, as provided in § 301.50–3 of accordance with part 305 of this chap- ter. 1 Cross-ties (railroad ties) may also be im- (g) through (k) [Reserved] ported in accordance with paragraph (f) of (l) Cross-ties (railroad ties) and pine this section, or may be imported if heat and fir lumber from Mexican States adja- treated in accordance with § 319.40–7(c).

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this chapter, en route to an area or originated and, if applicable, the Prov- areas in the United States not quar- ince or Provinces they were moved antined for pine shoot beetle during through, if different from the Province the period of January through Sep- of origin, and indicates in the treat- tember when the temperature is 10 °C ment section of the certificate that the (50 °F) or higher, then the cut pine Christmas trees have been treated with Christmas trees are shipped in an en- methyl bromide to kill the pine shoot closed vehicle or completely covered beetle; or, alternatively, in lieu of (such as with plastic canvas, or other methyl bromide treatment, the certifi- closely woven cloth) so as to prevent cate contains one of the following addi- access by pine shoot beetle. tional declarations: (ii) From infested or partially infested (1) ‘‘These regulated articles were Canadian Provinces to U.S. infested grown on a plantation that has a pro- areas. Cut pine Christmas trees that gram to control or eradicate pine shoot originated in or were moved through a beetle (Tomicus piniperda) and have Canadian Province that is considered been inspected and are considered to be to be infested or partially infested with free from pine shoot beetle (Tomicus pine shoot beetle (Tomicus piniperda), piniperda)’’; or as determined by the CFIA, and are (2) ‘‘These regulated articles origi- destined for and will be moved only nated in an area where pine shoot bee- through areas in the United States tle (Tomicus piniperda) is not considered that are quarantined for pine shoot to be present, as determined by the beetle, as provided in § 301.50–3 of this CFIA’’; or chapter, may be imported into the (3) ‘‘These regulated articles have United States only if: been 100 percent inspected and found to (A) They are accompanied by a state- be free from pine shoot beetle (Tomicus ment of origin and movement that piniperda)’’; and specifies the Canadian Province where the cut pine Christmas trees originated (B) The U.S. destination (including and, if applicable, the Province or county and State) is plainly indicated Provinces they were moved through, if on the Christmas trees or on the outer different from the Province of origin, covering or container; and and also states that the cut pine (C) If the Christmas trees are to be Christmas trees originated in and were moved through an area of the United moved through one or more Canadian States that is quarantined for pine Provinces considered to be infested or shoot beetle, as provided in § 301.50–3 of partially infested with pine shoot bee- this chapter, en route to an area or tle, as determined by the CFIA; and areas in the United States not quar- (B) The U.S. destination (including antined for pine shoot beetle during county and State) is plainly indicated the period of January through Sep- on the cut pine Christmas trees or on tember when the temperature is higher the outer covering or container. than 10 °C (50 °F), the Christmas trees (iii) From infested or partially infested are shipped in an enclosed vehicle or Canadian Provinces to or through U.S. completely covered (such as with plas- noninfested areas. Cut pine Christmas tic canvas, or other closely woven trees that originated in or were moved cloth) so as to prevent access by pine through a Canadian Province that is shoot beetle. considered to be infested or partially (2) Other pine articles. Regulated arti- infested with pine shoot beetle, as de- cles from Canada (other than cut pine termined by the CFIA, and are destined Christmas trees) that consist of pine for or will be moved through an area in bark, including, but not limited to, the United States that is not quar- chips, nuggets, mulch, and compost, as antined for pine shoot beetle, as pro- well as pine products with pine bark vided in § 301.50–3 of this chapter, may attached, including, but not limited to, be imported into the United States logs, lumber, pulpwood, stumps, and only if: raw pine materials for wreaths and gar- (A) They are accompanied by a cer- lands, may be imported into the United tificate that specifies the Canadian States only if they meet one of the fol- Province where the Christmas trees lowing requirements, as well as all

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other applicable requirements of this gional county and Province where the subpart: articles originated, and if applicable, (i) From Canadian noninfested Prov- the counties or municipal regional inces to all areas of the United States. counties and Provinces they were Regulated articles that originated in moved through, if different from the and were moved only through Canadian county or municipal regional county Provinces that are not considered to be and Province of origin, and also states infested or partially infested with pine that the regulated articles originated shoot beetle, as determined by the in and were moved through one or CFIA, may be imported into any area more Provinces of Canada considered of the United States only if: to be infested or partially infested with (A) They are accompanied by a state- pine shoot beetle, as determined by the ment of origin and movement that CFIA; and specifies the Province where the regu- (B) The U.S. destination (including lated articles originated and, if appli- county and State) is plainly indicated cable, the Province or Provinces they on the regulated articles or, if applica- were moved through, if different from ble, on the outer covering, packaging, the Province of origin, and also states or container. that the regulated articles originated (iii) From noninfested areas in partially in and were only moved through Prov- infested Canadian Provinces to or inces of Canada not considered to be in- through U.S. noninfested areas. Regu- fested or partially infested with pine lated articles that originated in a non- shoot beetle, as determined by the infested area county or municipal re- CFIA; gional county of a partially infested (B) The U.S. destination (including Canadian Province, as determined by county and State) is plainly indicated the CFIA, and were moved through Ca- on the regulated articles or, if applica- nadian noninfested areas only, and are ble, on the outer covering, packaging, destined for or will be moved through or container; and any area in the United States that is (C) If the regulated articles are to be not quarantined for pine shoot beetle, moved through an area of the United as provided in § 301.50–3 of this chapter, States that is quarantined for pine may only be imported into the United shoot beetle, as provided in § 301.50–3 of States if one of the following sets of this chapter, en route to an area or conditions is met: areas in the United States not quar- (A) The regulated articles are accom- antined for pine shoot beetle during panied by a certificate that specifies the period of January through Sep- the county or municipal regional coun- tember when the temperature is higher ty and Province where the regulated than 10 °C (50 °F), the regulated articles articles originated and, if applicable, are shipped in an enclosed vehicle or the counties or municipal regional completely covered (such as with plas- counties and Provinces they were tic canvas, or other closely woven moved through, if different from the cloth) so as to prevent access by pine county or municipal regional county shoot beetle. and Province of origin. The certificate (ii) From Canadian infested Provinces also must contain the following addi- or partially infested Provinces to U.S. in- tional declaration: ‘‘These regulated fested areas. Regulated articles that articles originated in and were moved originated in or were moved through a only through areas where pine shoot Canadian infested or partially infested beetle (Tomicus piniperda) is not Province, as determined by the CFIA, present, as determined by the CFIA.’’ and are destined for and will be moved In addition, the U.S. destination (in- only through areas in the United cluding county and State) must be States that are quarantined for pine plainly indicated on the regulated arti- shoot beetle, as provided in § 301.50–3 of cles or, if applicable, on the outer cov- this chapter, may be imported into the ering, packaging, or container. If the United States only if: regulated articles are to be moved (A) They are accompanied by a state- through an area of the United States ment of origin and movement that quarantined for pine shoot beetle, as specifies the county or municipal re- provided in § 301.50–3 of this chapter, en

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route to an area or areas in the United counties and Provinces they were States not quarantined for pine shoot moved through, if different from the beetle during the period of January county or municipal regional county through September when the tempera- and Province of origin. The treatment ture is 10 °C (50 °F) or higher, the regu- section of the certificate must indicate lated articles must be shipped in an en- that the regulated articles have been closed vehicle or completely covered treated with methyl bromide to kill (such as with plastic canvas, or other the pine shoot beetle in accordance closely woven cloth) so as to prevent with part 305. In addition, the U.S. des- access by pine shoot beetle; or tination (including county and State) (B) The regulated articles are con- of the regulated articles must be plain- signed to a designated U.S. facility ly indicated on the regulated articles that operates under a compliance or, if applicable, on the outer covering, agreement with APHIS in accordance packaging, or container. with § 319.40–8 for specified handling or (2) The regulated articles consist of processing of the articles. The name pine bark and are accompanied by a and address of the U.S. facility (includ- certificate that specifies both the ing county and State) receiving the county or municipal regional county regulated articles must be plainly indi- and Province where the regulated arti- cated on the articles or, if applicable, cles originated and, if applicable, the on the outer covering, packaging, or counties or municipal regional coun- container. If the regulated articles are ties and Provinces they were moved to be moved through an area of the through, if different from the county or United States quarantined for pine municipal regional county and Prov- shoot beetle, as provided in § 301.50–3 of ince of origin. The additional declara- this chapter, en route to an area or tion section must state, ‘‘The pine areas in the United States not quar- bark in this shipment has been ground antined for pine shoot beetle during into pieces less than or equal to 1 inch the period of January through Sep- in diameter.’’ In addition, the U.S. des- tember when the temperature is 10 °C tination (including county and State) (50 °F) or higher, then the regulated ar- of the regulated articles must be plain- ticles also must be shipped in an en- ly indicated on the regulated articles closed vehicle or completely covered or, if applicable, on the outer covering, (such as with plastic canvas, or other packaging, or container. closely woven cloth) so as to prevent (3) The regulated articles are shipped access by pine shoot beetle. from a CFIA-approved facility that (iv) From Canadian infested Provinces processes only regulated articles that or infested areas of partially infested originated in areas in Canada or the Provinces to or through U.S. noninfested United States not considered to be in- areas. (A) Regulated articles that origi- fested with pine shoot beetle. The facil- nated in or were moved through either ity must be inspected by the CFIA at a Canadian Province considered to be least twice a year to verify its compli- infested with pine shoot beetle or an ance with CFIA handling and proc- infested area within a partially in- essing procedures, and the CFIA must fested Canadian Province, as deter- provide APHIS with a current list of mined by the CFIA, and that are des- approved facilities at least annually. tined for or will be moved through any The name and address (including the area in the United States not quar- county or municipal regional county antined for pine shoot beetle, as pro- and Province) of the CFIA-approved fa- vided in § 301.50–3 of this chapter, may cility that shipped the articles, as well only be imported into the United as the U.S. destination (including States if one of the following sets of county and State) must be plainly indi- conditions provided is met: cated on the regulated articles or, if (1) The regulated articles are accom- applicable, on the outer covering, panied by a certificate that specifies packaging, or container. the county or municipal regional coun- (4) The pine products are accom- ty and Province where the regulated panied by a certificate that specifies articles originated and, if applicable, the county or municipal regional coun- the counties or municipal regional ty and Province where the regulated

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articles originated and, if applicable, ty or municipal regional county and the counties or municipal regional Province) of the CFIA-approved facil- counties and Provinces they were ity that shipped the pine bark, as well moved through, if different from the as the name and address of the U.S. co- county or municipal regional county generation facility receiving the ship- and Province of origin. The treatment ment (including county and State) section of the certificate must indicate must be plainly indicated on the outer that the regulated articles have been covering, packaging, or container of treated in accordance with 7 CFR part the pine bark. 305. In addition, the U.S. destination (B) If the regulated articles in para- (including county and State) of the graphs (i)(2)(iv)(1) through (5) of this regulated articles must be plainly indi- section are to be moved through an cated on the regulated articles or, if applicable, on the outer covering, area of the United States quarantined package, or container. for pine shoot beetle, as provided in (5) The regulated articles, consisting § 301.50–3 of this chapter, en route to an of logs with bark attached, are con- area or areas in the United States not signed to a U.S. facility that operates quarantined for pine shoot beetle dur- under a compliance agreement with ing the period of January through Sep- APHIS in accordance with § 319.40–8 for tember when the temperature is higher specified handling or processing of the than 10 °C (50 °F), the regulated articles regulated articles. The logs must be must be shipped in an enclosed vehicle transported by as direct a route as rea- or completely covered (such as with sonably possible and not off-loaded en plastic canvas, or other closely woven route to the U.S. facility. The logs cloth) so as to prevent access by pine must be accompanied by a statement of shoot beetle. origin and movement that specifies the (n) Regulated articles of the genus county or municipal regional county Fraxinus from Canada. Except for arti- and Province where the logs originated cles prohibited under paragraph (n)(4) and, if applicable, the counties or mu- of this section, regulated articles of the nicipal regional counties and Provinces genus Fraxinus (ash) from Canada may they were moved through, if different be imported in accordance with this from the county or municipal regional paragraph (n) and subject to the cer- county and Province of origin. In addi- tification requirements in § 319.40–2(a) tion, the name and address (including and the inspection and other require- county and State) of the U.S. facility receiving the logs must be plainly indi- ments in § 319.40–9. Articles being cated on the regulated articles or, if moved from counties or municipal re- applicable, on the outer covering or gional counties in Canada not regu- container. lated for the emerald ash borer (EAB) (6) The regulated articles, consisting may not transit an EAB-regulated area of pine bark, are shipped from a CFIA- in Canada en route to the United approved facility for use as a fuel at a States unless they are moving directly cogeneration facility in the United through the EAB-regulated area with- States approved by APHIS. The pine out stopping (except for refueling or for bark must be transported by as direct traffic conditions, such as traffic lights a route as reasonably possible and not or stop signs). If these articles are off-loaded en route to the U.S. cogen- being moved through the regulated eration facility. The Canadian facility area between May 1 and August 31 or from which the pine bark is shipped when the ambient air temperature is 40 must be inspected by the CFIA at least °F or higher, they must be in an en- twice a year to verify that the facility closed vehicle or completely covered to is following handling and processing prevent access by the emerald ash procedures that adequately safeguard borer. the pine bark for shipment to the U.S. (l) Firewood of all hardwood (non-co- cogeneration facility. CFIA must pro- niferous) species, and ash logs and vide APHIS with a current list of ap- wood, including cants and stumps, that proved facilities at least annually. The name and address (including the coun-

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originate in a county or municipal re- wood or bark chips in the shipment gional county regulated for the emer- were ground to 1 inch (2.54 cm) or less ald ash borer within a Province or Ter- in diameter in any two dimensions. ritory regulated by the Canadian Gov- (6) Ash wood chips or bark chips that ernment for the emerald ash borer re- originate in a county or municipal re- quire a permit issued under § 319.40–2(a) gional county not regulated for the em- and must be accompanied by a certifi- erald ash borer within a Province or cate bearing an additional declaration Territory regulated for the emerald ash that the articles in the shipment were: borer must be accompanied by a permit (i) Debarked, and vascular cambium issued under § 319.40–2(a), and a valid removed to a depth of 1.27 cm (1⁄2 inch) certificate with an additional declara- during the debarking process; or tion stating that the articles in the (ii) Heat treated in accordance with shipment were produced/harvested in a part 305 of this chapter. The county or municipal regional county phytosanitary certificate accom- where the emerald ash borer does not panying such articles must describe occur, based on official surveys. the treatment method employed. (7) Ash wood chips or bark chips that (2) Firewood of all hardwood (non-co- originate in a Province or Territory niferous) species, and ash logs and that is not regulated for the emerald wood, including cants and stumps, that ash borer must be accompanied by an originate in a county or municipal re- importer document that certifies that gional county not regulated for the em- the article originates in a Province or erald ash borer within a Province or Territory free of the emerald ash borer. Territory regulated for the emerald ash (o) Wooden handicrafts from China. borer require a permit issued under Wooden handicrafts more than 1 centi- § 319.40–2(a) and must be accompanied meter in diameter may be imported by a certificate with an additional dec- into the United States from China only laration stating that the articles in the in accordance with this paragraph and shipment were produced/harvested in a all other applicable provisions of this county or municipal regional county where the emerald ash borer does not title. Wooden handicrafts less than 1 occur, based on official surveys. centimeter in diameter are exempt (3) Firewood of all hardwood (non-co- from the requirements of this para- niferous) species, and ash logs and graph, but are still subject to all other wood, including cants and stumps, that applicable provisions of this chapter. originate in a Province or Territory (1) Treatment. Wooden handicrafts that is not regulated for the emerald must be treated in accordance with ash borer must be accompanied by an part 305 of this chapter. importer document that certifies that (2) Identification tag. All packages in the article originated in a county or which wooden handicrafts are shipped municipal regional county free of the must be labeled with a merchandise tag emerald ash borer. containing the identity of the product (4) The importation of ash wood chips manufacturer. The identification tag or bark chips larger than 1 inch diame- must be applied to each shipping pack- ter in any two dimensions that origi- age in China prior to exportation and nate in a county or municipal regional remain attached to the shipping pack- county regulated for the emerald ash age until it reaches the location at borer within a Province or Territory which the wooden handicraft will be regulated for the emerald ash borer is sold in the United States. prohibited. (Approved by the Office of Management and (5) Ash wood chips or bark 1 inch or Budget under control numbers 0579–0049, less in diameter that originate in an 0579–0257, 0579–0319, and 0579–0367) area regulated for the emerald ash borer within a Province or Territory [60 FR 27674, May 25, 1995, as amended at 63 regulated for the emerald ash borer FR 69542, Dec. 17, 1998; 64 FR 59604, Nov. 3, 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 55733, must be accompanied by a permit Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR issued under § 319.40–2(a) and a 33325, June 7, 2005; 72 FR 30467, June 1, 2007; phytosanitary certificate with an addi- 75 FR 4251, Jan. 26, 2010; 77 FR 12443, Mar. 1, tional declaration stating that the 2012; 79 FR 19810, Apr. 10, 2014]

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§ 319.40–6 Universal importation op- Cancer may be imported in accordance tions. with paragraphs (b)(2) (i) and (ii) of this (a) Logs. Logs may be imported if section. prior to importation the logs have been (i) During shipment to the United debarked in accordance with § 319.40– States, no other regulated article 7(b) and heat treated in accordance (other than solid wood packing mate- with part 305 of this chapter. During rials) is permitted on the means of con- the entire interval between treatment veyance with the raw lumber, unless and export, the logs must be stored and the raw lumber and the other regulated handled in a manner which excludes articles are in separate holds or sepa- any access to the logs by plant pests. rate sealed containers. Raw lumber on (b) Lumber—(1) Heat treated or heat the vessel’s deck must be in a sealed treated with moisture reduction. Lumber container. that prior to importation has been heat (ii) The raw lumber must be con- treated in accordance with part 305 of signed to a facility operating under a this chapter , or heat treated with compliance agreement in accordance moisture reduction in accordance with with § 319.40–8 that requires the raw part 305 of this chapter , may be im- lumber to be heat treated in accord- ported in accordance with paragraphs ance with part 305 of this chapter or (b)(1) (i) and (ii) of this section. heat treated with moisture reduction (i) During shipment to the United in accordance with part 305 of this States, no other regulated article chapter , within 30 days from the time (other than solid wood packing mate- the lumber is released from the port of rials) is permitted on the means of con- first arrival. Heat treatment must be veyance with the lumber, unless the completed before any cutting, planing, lumber and the other regulated articles or sawing of the raw lumber. are in separate holds or separate sealed (c) Wood chips and bark chips—(1) containers, or, if the lumber and other From Chile (pine) and South America (eu- regulated articles are mixed in a hold calyptus). Wood chips from Chile that or sealed container, all the regulated are derived from Monterey or Radiata articles have been heat treated in ac- pine (Pinus radiata) logs and wood chips cordance with part 305 of this chapter , from South America that are derived or heat treated with moisture reduc- from temperate species of Eucalyptus tion in accordance with part 305 of this chapter . Lumber on the vessel’s deck may be imported in accordance with must be in a sealed container, unless it paragraph (c)(2) of this section or in ac- has been heat treated with moisture re- cordance with the following require- duction in accordance with part 305 of ments: this chapter (i) The wood chips must be accom- (ii) If lumber has been heat treated in panied by a certificate stating that the accordance with part 305 of this chap- wood chips meet the requirements in ter , that fact must be stated on the paragraphs (c)(1)(i)(A) through importer document, or by a permanent (c)(1)(i)(C) of this section. marking on each piece of lumber in the (A) The wood chips were treated with form of the letters ‘‘HT’’ or the words a surface pesticide treatment in ac- ‘‘Heat Treated.’’ If lumber has been cordance with part 305 of this chapter heat treated with moisture reduction within 24 hours after the log was in accordance with part 305 of this chipped and were retreated with a sur- chapter, that fact must be stated on face pesticide treatment in accordance the importer document, or by a perma- with part 305 of this chapter if more nent marking, on each piece of lumber than 30 days elapsed between the date or on the cover of bundles of lumber, in of the first treatment and the date of the form of the letters ‘‘KD’’ or the export to the United States. words ‘‘Kiln Dried.’’ (B) The wood chips were derived from (2) Raw lumber. Raw lumber, includ- logs from live, healthy, plantation- ing solid wood packing materials im- grown trees that were apparently free ported as cargo, from all places except of plant pests, plant pest damage, and places in Asia that are east of 60° East decay organisms, and the logs used to Longitude and north of the Tropic of make the wood chips were debarked in

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accordance with § 319.40–7(b) before ment stating that the wood chips or being chipped. bark chips were either: (C) No more than 45 days elapsed (A) Derived from live, healthy, trop- from the time the trees used to make ical species of plantation-grown trees the wood chips were felled to the time grown in tropical areas; or the wood chips were exported. (B) Fumigated with methyl bromide (ii) During shipment to the United in accordance with part 305 of this States, no other regulated articles chapter, heat treated in accordance (other than solid wood packing mate- with part 305 of this chapter , or heat rials) are permitted in the holds or treated with moisture reduction in ac- sealed containers carrying the wood cordance with part 305 of this chapter. chips. Wood chips on the vessel’s deck (ii) During shipment to the United must be in a sealed container. States, no other regulated articles (iii) The wood chips must be con- (other than solid wood packing mate- signed to a facility in the United rials) are permitted in the holds or States that operates under a compli- sealed containers carrying the wood ance agreement in accordance with chips or bark chips. Wood chips or bark § 319.40–8. The following requirements chips on the vessel’s deck must be in a apply upon arrival of the wood chips in sealed container; Except that: If the the United States: wood chips or bark chips are derived from live, healthy, plantation-grown (A) Upon arrival in the United trees in tropical areas, they may be States, the wood chips must be un- shipped on deck if no other regulated loaded by a conveyor that is covered to articles are present on the vessel and prevent the chips from being blown by the wood chips or bark chips are com- the wind and from accidental spillage. pletely covered by a tarpaulin during The facility receiving the wood chips the entire journey directly to the must have a procedure in place to re- United States. trieve any chips that fall during un- (iii) The wood chips or bark chips loading. must be free from rot at the time of (B) If the wood chips must be trans- importation, unless accompanied by an ported after arrival, the chips must be importer document stating that the en- covered or safeguarded in a manner tire lot was fumigated with methyl that prevents the chips from spilling or bromide in accordance with part 305 of falling off the means of conveyance or this chapter, heat treated in accord- from being blown off the means of con- ance with part 305 of this chapter, or veyance by wind. heat treated with moisture reduction (C) The wood chips must be stored at in accordance with part 305 of this the facility on a paved surface and chapter. must be kept segregated from other (iv) Wood chips or bark chips im- regulated articles from the time of dis- ported in accordance with this para- charge from the means of conveyance graph must be consigned to a facility until the chips are processed. The stor- operating under a compliance agree- age area must not be adjacent to wood- ment in accordance with § 319.40–8. The ed areas. wood chips or bark chips must be (D) The wood chips must be processed burned, heat treated in accordance within 45 days of arrival at the facility. with part 305 of this chapter, heat Any fines or unusable wood chips must treated with moisture reduction in ac- be disposed of by burning within 45 cordance with part 305 of this chapter, days of arrival at the facility. or otherwise processed in a manner (2) From locations other than certain that will destroy any plant pests asso- places in Asia. Wood chips and bark ciated with the wood chips or bark chips from any place except places in chips within 30 days of arrival at the Asia that are east of 60° east longitude facility. If the wood chips or bark chips and north of the Tropic of Cancer may are to be used for mulching or be imported in accordance with this composting, they must first be fumi- paragraph. gated in accordance with part 305 of (i) The wood chips or bark chips must this chapter , heat treated in accord- be accompanied by an importer docu- ance with part 305 of this chapter, or

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heat treated with moisture reduction be conducted in accordance with part in accordance with part 305 of this 305 of this chapter. chapter. (d) Preservatives. All preservative (d) Wood mulch, humus, compost, and treatments that use a preservative litter. Wood mulch, humus, compost, product that is registered by the and litter may be imported if accom- United States Environmental Protec- panied by an importer document stat- tion Agency are authorized for treat- ing that the wood mulch, humus, com- ment of regulated articles imported in post, or litter was fumigated in accord- accordance with this subpart. Preserv- ance with part 305 of this chapter, heat ative treatments must be performed in treated in accordance with part 305 of accordance with label directions ap- this chapter, or heat treated with proved by the United States Environ- moisture reduction in accordance with mental Protection Agency. § 319.40–7(d). (e) Cork and bark. Cork and cork (Approved by the Office of Management and Budget under control number 0579–0049) bark, cinnamon bark, and other bark to be used for food, manufacture of [60 FR 27674, May 25, 1999, as amended at 64 medicine, or chemical extraction may FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, be imported if free from rot at the time 2000; 67 FR 8465, Feb. 25, 2002; 69 FR 2295, Jan. 15, 2004; 69 FR 52418, Aug. 26, 2004; 70 FR 33325, of importation and subject to the in- June 7, 2005; 75 FR 4252, Jan. 26, 2010] spection and other requirements of § 319.40–9. § 319.40–8 Processing at facilities oper- (Approved by the Office of Management and ating under compliance agree- Budget under control number 0579–0049) ments. [60 FR 27679, May 25, 1995; 60 FR 30157, June (a) Any person who operates a facil- 7, 1995, as amended at 65 FR 21127, Apr. 20, ity in which imported regulated arti- 2000; 69 FR 2295, Jan. 15, 2004; 69 FR 52418, cles are processed may enter into a Aug. 26, 2004; 75 FR 4252, Jan. 26, 2010] compliance agreement to facilitate the importation of regulated articles under § 319.40–7 Treatments and safeguards. this subpart. The compliance agree- (a) Certification of treatments or safe- ment shall specify the requirements guards. If APHIS determines that a necessary to prevent spread of plant document required for the importation pests from the facility, requirements to of regulated articles is inaccurate, the ensure the processing method effec- regulated articles which are the sub- tively destroys plant pests, and the re- ject of the certificate or other docu- quirements for the application of ment shall be refused entry into the chemical materials in accordance with United States. In addition, APHIS may part 305 of this chapter. The compli- determine not to accept any further ance agreement shall also state that certificates for the importation of reg- inspectors must be allowed access to ulated articles in accordance with this the facility to monitor compliance subpart from a country in which an in- with the requirements of the compli- accurate certificate is issued, and ance agreement and of this subpart. APHIS may determine not to allow the Compliance agreement forms may be importation of any or all regulated ar- obtained from the Administrator or an ticles from any such country, until cor- inspector. rective action acceptable to APHIS es- (b) Any compliance agreement may tablishes that certificates issued in be canceled by the inspector who is su- that country will be accurate. pervising its enforcement, orally or in (b) Debarking. Except for raw lumber, writing, whenever the inspector finds no more than 2 percent of the surface that the person who entered into the of all regulated articles in a lot may compliance agreement has failed to retain bark, with no single regulated comply with the conditions of the com- article retaining bark on more than 5 pliance agreement. If the cancellation percent of its surface. For raw lumber, is oral, the decision to cancel the com- debarking must remove 100 percent of pliance agreement and the reasons for the bark. cancellation of the compliance agree- (c) Treatments. Treatment of regu- ment shall be confirmed in writing, as lated articles under this subpart must promptly as circumstances permit.

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Any person whose compliance agree- (4) No person shall move any im- ment has been canceled may appeal the ported regulated article from the port decision in writing to the Adminis- of first arrival unless and until an in- trator within 10 days after receiving spector notifies the person, in writing written notification of the cancella- or through an electronic database, that tion. The appeal shall state all of the the regulated article: facts and reasons upon which the per- (i) Is in compliance with all applica- son relies to show that the compliance ble regulations and has been inspected agreement was wrongfully canceled. and found to be apparently free of The Administrator shall grant or deny plant pests; 2 the appeal, in writing, stating the rea- or, sons for granting or denying the ap- (ii) Has been inspected and the in- peal, as promptly as circumstances per- spector requires reinspection, cleaning, mit. If there is a conflict as to any ma- or treatment of the regulated article at terial fact and the person whose com- a place other than the port of first ar- pliance agreement has been canceled rival. requests a hearing, a hearing shall be (b) Notice of arrival; visual examination held to resolve the conflict. Rules of of regulated articles at port of first ar- practice concerning the hearing will be rival. (1) At least 7 days prior to the ex- adopted by the Administrator. pected date of arrival in the United (Approved by the Office of Management and States of a shipment of regulated arti- Budget under control number 0579–0049) cles imported in accordance with this [60 FR 27674, May 25, 1995, as amended at 69 subpart, the permittee or his or her FR 52418, Aug. 26, 2004; 70 FR 33325, June 7, agent must notify the APHIS Officer in 2005] Charge at the port of arrival of the date of expected arrival. The address § 319.40–9 Inspection and other re- and telephone number of the APHIS Of- quirements at port of first arrival. ficer in Charge will be specified in any (a) Procedures for all regulated articles. specific permit issued by APHIS 3. This (1) All imported regulated articles notice may be by any authorized meth- shall be inspected at the port of first od. The notice must include the num- arrival. If the inspector finds signs of ber of any specific permit issued for the plant pests on or in the regulated arti- regulated articles; the name, if any, of cle, or finds that the regulated article the means of conveyance carrying the may have been associated with other regulated articles; the type and quan- articles infested with plant pests, the regulated article shall be cleaned or tity of the regulated articles; the ex- treated as required by an inspector, pected date of arrival; the country of and the regulated article and any prod- origin of the regulated articles; the ucts of the regulated article shall also name and the number, if any, of the be subject to reinspection, cleaning, dock or area where the regulated arti- and treatment at the option of an in- cles are to be unloaded; and the name spector at any time and place before all of the importer or broker at the port of applicable requirements of this subpart arrival. have been accomplished. (2) Imported regulated articles which (2) Regulated articles shall be assem- have been debarked in accordance with bled for inspection at the port of first arrival, or at any other place pre- 2 Certain regulated articles may also be scribed by an inspector, at a place and subject to ‘‘Subpart—Fruits and Vegeta- time and in a manner designated by an bles,’’ or to the noxious weed regulations inspector. under part 360 of this chapter, or to Endan- (3) If an inspector finds that an im- gered Species Act regulations under parts 355 ported regulated article is so infested and 356 of this chapter and 50 CFR parts 17 with a plant pest that, in the judgment and 23. 3 of the inspector, the regulated article A list of APHIS Officers in Charge may be obtained from the Administrator, c/o Port cannot be cleaned or treated, or con- Operations, Plant Protection and Quar- tains soil or other prohibited contami- antine, Animal and Plant Health Inspection nants, the entire lot may be refused Service, 4700 River Road, Riverdale, MD entry into the United States. 20737.

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§ 319.40–7(b) and can be safely and prac- The inspector may require the im- tically inspected will be visually exam- porter to furnish any labor, chemicals, ined for plant pests by an inspector at packing materials, or other supplies re- the port of first arrival. If plant pests quired in handling regulated articles are found on or in the regulated arti- under this subpart. APHIS will not be cles or if the regulated article cannot responsible for any costs or charges, be safely and practically inspected, the other than those identified in this sec- regulated articles must be treated in tion. accordance with part 305 of this chap- ter. [60 FR 27674, May 25, 1995, as amended at 63 (c) Marking and identity of regulated FR 50111, Sept. 18, 1998; 69 FR 52418, Aug. 26, 2004; 69 FR 55733, Sept. 16, 2004; 79 FR 19810, articles. Any regulated article, at the Apr. 10, 2014] time of importation shall bear on the outer container (if in a container), on § 319.40–11 Plant pest risk assessment the regulated article (if not in a con- standards. tainer), or on a document accom- When evaluating a request to import panying the regulated article the fol- a regulated article not allowed impor- lowing information: (1) General nature and quantity of tation under this subpart, or a request the regulated articles; to import a regulated article under (2) Country and locality, if known, conditions other than those prescribed where the tree from which the regu- by this subpart, APHIS will conduct lated article was derived was har- the following analysis to determine the vested; plant pest risks associated with each (3) Name and address of the person requested importation in order to de- importing the regulated article; termine whether or not to issue a per- (4) Name and address of consignee of mit under this subpart or to propose the regulated article; regulations establishing conditions for (5) Identifying shipper’s mark and the importation into the United States number; and of the regulated article. (6) Number of the permit (if one was (a) Collecting commodity information. issued) authorizing the importation of (1) APHIS will evaluate the application the regulated article into the United for information describing the regu- States. lated article and the origin, processing, (d) Sampling for plant pests at port of treatment, and handling of the regu- first arrival. Any imported regulated ar- lated article; and ticle may be sampled for plant pests at (2) APHIS will evaluate history of the port of first arrival. If an inspector past plant pest interceptions or intro- finds it necessary to order treatment of ductions (including data from foreign a regulated article at the port of first countries) associated with the regu- arrival, any sampling will be done prior lated article. to treatment. (b) Cataloging quarantine pests. For (Approved by the Office of Management and the regulated article specified in an ap- Budget under control number 0579–0049) plication, APHIS will determine what plant pests or potential plant pests are [60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, associated with the type of tree from 2004; 70 FR 33325, June 7, 2005; 72 FR 39501, which the regulated article was de- July 18, 2007; 79 FR 19810, Apr. 10, 2014; 81 FR rived, in the country and locality from 40150, June 21, 2016] which the regulated article is to be ex- ported. A plant pest that meets one of § 319.40–10 Costs and charges. the following criteria is a quarantine The services of an inspector during pest and will be further evaluated in regularly assigned hours of duty and at accordance with paragraph (c) of this the usual places of duty shall be fur- section: nished without cost to the importer. 4 cargo from packing material for shipments 4 Provisions relating to costs for other that arrive without meeting the require- services of an inspector, including services ments of this subpart as required, are con- related to extra inspection and separation of tained in part 354 of this chapter.

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(1) Non-indigenous plant pest not members of the group as they relate to present in the United States; measures taken in connection with the (2) Non-indigenous plant pest, importation of the regulated article to present in the United States and capa- mitigate the plant pest risk associated ble of further dissemination in the with the regulated article. For exam- United States; ple, if the plant pest risk assessment (3) Non-indigenous plant pest that is for the highest ranked plant pest indi- present in the United States and has cates a need for a mitigation measure reached probable limits of its ecologi- that would result in the same reduc- cal range, but differs genetically from tion of risk for other plant pests the plant pest in the United States in a ranked in the group, the other mem- way that demonstrates a potential for bers need not be subjected to individual greater damage potential in the United plant pest risk assessment. States; (4) Native species of the United (d) Conducting individual plant pest States that has reached probable limits risk assessments. APHIS will evaluate of its ecological range, but differs ge- each of the plant pests identified in netically from the plant pest in the paragraph (c)(4) of this section by: United States in a way that dem- (1) Estimation of the probability of onstrates a potential for greater dam- the plant pest being on, with, or in the age potential in the United States; or regulated article at the time of impor- (5) Non-indigenous or native plant tation; pest that may be able to vector an- (2) Estimation of the probability of other plant pest that meets one of the the plant pest surviving in transit on criteria in paragraphs (b)(1) through (4) the regulated article and entering the of this section. United States undetected; (c) Determining which quarantine pests (3) Estimation of the probability of to assess. (1) APHIS will divide quar- the plant pest colonizing once it has antine pests identified in paragraph (b) entered into the United States; of this section into groups depending (4) Estimation of the probability of upon where the plant pest is most like- the plant pest spreading beyond any ly to be found. The plant pests would colonized area; and be grouped as follows: (i) Plant pests found on the bark; (5) Estimation of the damage to (ii) Plant pests found under the bark; plants that could be expected upon in- and troduction and dissemination within (iii) Plant pests found in the wood. the United States of the plant pest. (2) APHIS will subdivide each of the (e) Estimating unmitigated overall plant groups in paragraph (c)(1) of this sec- pest risk. APHIS will develop an esti- tion into associated taxa. mation of the overall plant pest risk (3) APHIS will rank the plant pests associated with importing the regu- in each group in paragraph (c)(2) of this lated article based on compilation of section according to plant pest risk, individual plant pest risk assessments based on the available biological infor- performed in accordance with para- mation and demonstrated plant pest graph (d) of this section. importance. (f) Evaluating available requirements to (4) APHIS will identify any plant determine whether they would allow safe pests ranked in paragraph (c)(3) of this importation of the regulated article. The section for which plant pest risk as- requirements of this subpart, and any sessments have previously been per- other requirements relevant to the reg- formed in accordance with this section. ulated article and plant pests involved, APHIS will conduct individual plant will be compared with the individual pest risk assessments for the remain- ing plant pests, starting with the high- plant pest risk assessments in order to est ranked plant pest(s) in each group. determine whether particular condi- (5) The number of plant pests in each tions on the importation of the regu- group to be evaluated through indi- lated article would reduce the plant vidual plant pest risk assessment will pest risk to an insignificant level. If be based on biological similarities of APHIS determines that the imposition

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of particular conditions on the impor- controlled import permit issued in ac- tation of the regulated article could re- cordance with § 319.6. duce the plant pest risk to an insignifi- (d) As used in this subpart, unless the cant level, and determines that suffi- context otherwise requires, the term cient APHIS resources are available to ‘‘United States’’ means the States, the implement or ensure implementation District of Columbia, Guam, Puerto of the conditions, APHIS will imple- Rico, and the Virgin Islands of the ment rulemaking to allow importation United States. of the requested regulated article [24 FR 10788, Dec. 29, 1959, as amended at 66 under the conditions identified by the FR 21056, Apr. 27, 2001; 78 FR 25571, May 2, plant pest risk assessment process. 2013]

§ 319.41a Administrative instructions Subpart—Indian Corn or Maize, relating to entry into Guam of Broomcorn, and Related Plants broomcorn, brooms, and similar ar- ticles. QUARANTINE (a) Broomcorn for manufacturing § 319.41 Notice of quarantine. purposes, and brooms and similar arti- cles made of broomcorn may be im- (a) The fact has been determined by ported into Guam without further per- the Secretary of Agriculture, and no- mit, other than the authorization con- tice given, that dangerous plant pests, tained in this section, and without including the so-called European corn other restriction under this subpart. borer (Ostrinia nubilalis Hubn.), and Notice of arrival for such importations also other dangerous insects, as well as is not necessary inasmuch as there is plant diseases not heretofore widely available to the inspector the essential prevalent or distributed within and information normally supplied by the throughout the United States, exist, as importer at time of importation. In- to one or more of such pests, in Europe, spection of such importations may be Asia, Africa, Dominion of Canada, Mex- made under the general authority of ico, Central and South America, and § 330.105(a) of this chapter. If an impor- other foreign countries and localities, tation is found infected, infested, or and may be introduced into this coun- contaminated with any plant pest and try through importations of the stalks is not subject to disposal under this or other parts of Indian corn or maize, part 319, disposition may be made in broomcorn, and related plants. accordance with § 330.106 of this chap- (b) To prevent the introduction of ter. these plant pests, the following articles (b) Shelled corn and seeds of other may not be imported into the United plants listed in § 319.41, and mature States except in accordance with this corn on the cob, may be imported into subpart: The raw or unmanufactured Guam without further permit, other stalk and all other parts of Indian corn than the authorization contained in or maize (Zea mays L.), broomcorn this section and without other restric- (Andropogon sorghum var. technicus), tion under this subpart, but such im- sweet sorghums (Andropogon sorghum), portations are subject to the require- grain sorghums (Andropogon sorghum), ments of § 319.37–4(a). Sudan grass (Andropogon sorghum (c) Green corn on the cob may be im- sudanensis), Johnson grass (Andropogon ported into Guam without restriction halepensis), sugarcane (Saccharum under this subpart, but such importa- officinarum), including Japanese vari- tions are subject to the requirements eties, pearl millet (Pennisetum of § 319.56–3. glaucum), napier grass (Pennisetum [24 FR 10788, Dec. 29, 1959, as amended at 72 purpureum), teosinte (Euchlaena FR 39501, July 18, 2007] luxurians), and jobs-tears (Coix lachryma-Jobi). § 319.41b Administrative instructions (c) The Administrator may authorize prescribing conditions for entry of the importation of articles otherwise broomstraw without treatment. prohibited under paragraph (b) of this Broomstraw, sometimes referred to section under conditions specified in a as ‘‘combed stalkless’’, when consisting

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of individual straws entirely free from promulgated, the following articles stems, stalks, stubs of stalks, and may be imported: leaves, may be imported from all coun- (a) Subject only to the requirements tries without seasonal limitation of paragraphs (a), (b), and (c) of § 319.41– through ports of entry designated in 5: the permit, provided it is bundled and (1) Green corn on the cob, in small baled to prevent breakage and scat- lots for local use only, from adjacent tering and to facilitate inspection, in areas of Canada. the following manner: (2) Articles made of the stalks, (a) The broomstraw shall be assem- leaves, or cobs of corn, when prepared, bled into bundles with the base of the manufactured, or processed in such individual straws at the same end, no manner that in the judgment of the in- alternating of layers being permitted. spector no pest risk is involved in their (b) Each bundle shall be securely tied entry. to prevent breakage. (3) Corn silk. (c) Individual bundles shall be com- (b) Upon compliance with the regula- pacted, grouped into bales, and so ar- tions in this subpart: ranged that the butt of each bundle is (1) Broomcorn for manufacturing exposed on the outside of the bale. purposes, brooms or similar articles (d) Each bale shall be securely bound made of broomcorn, clean shelled corn, to prevent shifting or loosening of the and clean seed of the other plants cov- bundles in transit. ered by § 319.41. (e) Broomstraw found upon inspec- (2) Corn on the cob, green or mature, tion at the port of entry to contain from the provinces of Canada west of stems, stalks, stubs of stalks, or leaves and including Manitoba, 3 and from shall be sterilized under the super- Mexico, Central America, South Amer- vision of an inspector. Broomstraw ica, the West Indies, the Bahamas, and contaminated in the aforesaid manner, Bermuda. from countries other than those on the (c) Seed of Indian corn or maize (Zea North or South American Continents mays L.) that is free from the cob and or the West Indies, shall be considered from all other parts of corn may be im- as broomcorn and shall be subject to ported into the United States from compliance with § 319.41–3(b). New Zealand without further restric- tion. [25 FR 12809, Dec. 14, 1960] (d) Immature, dehusked ‘‘baby’’ RULES AND REGULATIONS sweet corn may be imported from Zam- bia in accordance with § 319.56–2f(a). § 319.41–1 Plant products permitted 1 [24 FR 10788, Dec. 29, 1959, as amended at 58 entry. FR 44745, Aug. 25, 1993; 71 FR 29769, May 24, Except as restricted from certain 2006] countries and localities by special quarantines and other orders now in § 319.41–2 Application for permits. force, 2 and by such as may hereafter be Persons contemplating the importa- tion of any of the articles specified in 1 Except as provided in § 319.41–6 the regula- tions in this subpart do not authorize impor- and Trilobachne, from Australia, Burma, tations through the mails. Cambodia, China, Formosa, India, Indonesia, 2 The entry of the following plants and Japan and adjacent islands, Laos, Malaya, plant products is prohibited or restricted by Manchuria, New Guinea, New Zealand, North specific quarantines and other restrictive or- Viet-Nam, Oceania, Pakistan, Philippines, ders now in force. Ryukyu Islands, Thailand, and Viet-Nam. (a) Living canes of sugarcane, or cuttings (§ 319.24.) or parts thereof, from all foreign countries. (c) Seed of Indian corn or maize (Zea mays (§ 319.15.) L.) that is free from the cob and from all (b) Except as provided for in paragraph (c) other parts of corn may be imported into the for corn seed from New Zealand, seed and all United States from New Zealand without other portions in the raw or unmanufactured further restriction. (§ 319.24.). state of Indian corn or maize (Zea mays L.), 3 A quarantine is maintained by Canada to and the closely related plants, including all prevent spread of the European corn borer species of Teosinte (Euchlaena), jobs-tears from the infested eastern areas to the still (Coix), Polytoca, Chionachne, Sclerachne, uninfested Provinces west of Ontario.

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§ 319.41–1(b) shall first make application § 319.41–4 Notice of arrival by per- to the Plant Protection and Quar- mittee. antine Program for a permit in accord- Immediately upon arrival of the im- ance with §§ 319.7 through 319.7–5. portation at the port of arrival the per- (Approved by the Office of Management and mittee shall submit, in duplicate, no- Budget under control number 0579–0049) tice to the Plant Protection and Quar- [79 FR 19810, Apr. 10, 2014] antine Programs, through the U.S. Col- lector of Customs, or, in the case of § 319.41–3 Issuance of permits. Guam, through the Customs officer of (a) On approval by the Administrator the Government of Guam, on forms of the application mentioned in § 319.41– provided for that purpose, stating the 2, a permit will be issued. number of the permit, the date of (b) For broomcorn and brooms and entry, the name of ship or vessel, rail- similar articles made of broomcorn, road, or other carrier, the country and permits will be issued by the Adminis- locality where the articles were grown, trator for such ports as may be des- the name of the foreign shipper, the ignated therein, except that permits quantity or number of bales or con- will be issued for the entry of tainers, and the marks and numbers on broomcorn originating in countries the bales or containers, the port of ar- other than those in the North or South rival, and the name of the importer or American Continents or the West In- broker at the port of arrival. dies only through the ports of Balti- (Approved by the Office of Management and more, Boston, New York, and Norfolk, Budget under control number 0579–0049) or through other northeastern ports which may from time to time be des- [24 FR 10788, Dec. 29, 1959, as amended at 48 ignated in the permit, and at which fa- FR 57466, Dec. 30, 1983] cilities for treatment of infested mate- § 319.41–5 Condition of entry. rial may be available, such entry to be limited to those shipments accom- (a) The entry of the articles covered panied by on-board bills of lading dated by § 319.41–1 is conditioned on their within the period September 15 freedom from the European corn borer through February 15 of the succeeding and other injurious insects and plant year, both dates inclusive. Permits will diseases, and upon their freedom from not be issued for the entry of contamination with plant materials broomcorn from any source through prohibited entry under other quar- ports on the Pacific Coast. antines. All shipments of these articles (c) For shelled corn and for seeds of shall be subject to inspection at the other plants listed in § 319.41, and for port of arrival by an inspector of the corn on the cob, green or mature, from Plant Protection and Quarantine Pro- the land areas designated in grams, in order to determine their free- § 319.41(b)(2), permits will be issued for dom from such insects and diseases and ports where the Plant Protection and from contaminating materials, and to Quarantine Programs maintains an in- such sterilization, grinding, or treat- spection service and for such other ment in accordance with part 305 of ports as may be designated in the per- this chapter, as the inspector may pre- mit. scribe. Should an importation be found (d) Pending development of adequate on inspection to be so infested or in- treating facilities in Guam, any of the fected or contaminated that, in the articles specified in § 319.41–1 that are judgment of the inspector, it can not subject to treatment as a condition of be made safe by sterilization or other entry therein must first be entered and treatment in accordance with part 305 treated in accordance with the require- of this chapter, the entire shipment ments of this subpart at a U.S. port of may be refused entry. arrival where such treating facilities (b) When entry under sterilization or are available. other treatment in accordance with [24 FR 10788, Dec. 29, 1959, as amended at 33 part 305 of this chapter is permitted, FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, the importation will be released to the 1971; 78 FR 25571, May 2, 2013] permittee for such treatment, upon the

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filing with the appropriate customs of- the other plants from countries other ficial of a bond in the amount of $5,000, than those named in § 319.41–1 (b)(2) are or in an amount equal to the invoice found upon inspection at the port of ar- value, if such value be less than $5,000, rival to be appreciably fouled with cobs with approved sureties, and condi- or other portions of the plants the in- tioned that the importation shall be spector may require sterilization or sterilized or otherwise treated under other treatment in accordance with the supervision of the inspector; that part 305 of this chapter or may refuse no bale or container shall be broken, entry. opened, or removed from the port of ar- [24 FR 10788, Dec. 29, 1959, as amended at 75 rival unless and until a written notice FR 4252, Jan. 26, 2010] is given to said customs official by an inspector that the importation has § 319.41–6 Importations by mail. been properly sterilized or treated; and In addition to entries by freight or that the importation shall be redeliv- express provided for in § 319.41–5, impor- ered to said customs official within 30 tations are permitted by mail of ma- days after its arrival. ture corn on the cob from the countries (c) Should a shipment requiring steri- specified in § 319.41–1(b)(2), and clean lization or other treatment in accord- shelled corn and clean seed of the other ance with part 305 of this chapter under plants covered by § 319.41, provided that the provisions of the regulation in this a permit has been issued for the impor- subpart arrive at a port where facilities tation in accordance with §§ 319.7 for such sterilization or other treat- through 319.7–5 and all conditions of ment in accordance with part 305 of the permit are met. this chapter are not maintained, such shipment shall either be promptly (Approved by the Office of Management and shipped under safeguards and by rout- Budget under control number 0579–0049) ing prescribed by the inspector to an [79 FR 19810, Apr. 10, 2014] approved port where facilities for steri- lization or other treatment in accord- Subpart—Rice ance with part 305 of this chapter are available, or it shall be refused entry. QUARANTINE (d) Other conditions of entry as ap- plying to the certain classes of articles § 319.55 Notice of quarantine. enumerated in § 319.41–1 are: (a) The fact has been determined by (1) Broomcorn. All importations of the Secretary of Agriculture, and no- broomcorn shall be so baled as to pre- tice is hereby given, (1) that injurious vent breakage and scattering in con- fungous diseases of rice, including nection with the necessary handling downy, mildew (Sclerospora and sterilization; if in the judgment of macrospora), leaf smut (Entyloma the inspector they are not so baled, oryzae), blight (Oospora oryzetorum), entry may be refused. All importations and glume blotch (Melanomma of broomcorn shall be subject to such glumarum), as well as dangerous insect sterilization or other treatment in ac- pests, new to and not heretofore widely cordance with part 305 of this chapter prevalent or distributed within and as the inspector may require. throughout the United States, exist, as (2) Articles made of broomcorn. Brooms to one or more of such diseases and or similar articles made of broomcorn pests, in Europe, Asia, Africa, Central shall be subject to sterilization unless America, South America, and other their manufacture involves the sub- foreign countries and localities, and stantial elimination of stems or such may be introduced into this country treatment of the included stems as in through importations of seed or paddy the judgment of the inspector shall rice, rice straw, and rice hulls, and (2) preclude such articles from being the that the unrestricted importation of means of carriage of the European corn seed or paddy rice from the Republic of borer and of other injurious insects and Mexico and of rice straw and rice hulls plant diseases. from all foreign countries and local- (3) Shelled corn and other seeds. If ities may result in the entry into the shipments of shelled corn and seeds of United States of the injurious plant

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diseases heretofore enumerated, as well RULES AND REGULATIONS as insect pests. (b) To prevent the introduction into § 319.55–1 Definitions. the United States of the plant pests (a) Seed or paddy rice. Unhusked rice and diseases indicated above, the Sec- in the form commonly used for seed retary has determined that it is nec- purposes; the regulations in this sub- essary to prohibit the importation into part do not apply to husked or polished the United States of seed or paddy rice rice imported for food purposes. from all foreign locations except the (b) Port of first arrival. The first port Republic of Mexico and to restrict the within the United States where the importation of seed or paddy rice, rice shipment is (1) offered for consumption straw, and rice hulls from the Republic entry or (2) offered for entry for imme- diate transportation in bond. of Mexico and all other foreign loca- (c) Inspector. An Inspector of the tions, except as otherwise provided in Plant Protection and Quarantine Pro- this subpart. grams of the United States Department (c) The Administrator may authorize of Agriculture. the importation of articles otherwise prohibited by this subpart under condi- § 319.55–2 Application for permit. tions specified in a controlled import Application for a permit to import permit issued in accordance with seed or paddy rice from Mexico or rice § 319.6. straw or rice hulls from any country (d) As used in this subpart, unless the may be made to the Plant Protection context otherwise requires, the term and Quarantine Programs in accord- ‘‘United States’’ means the States, the ance with §§ 319.7 through 319.7–5. District of Columbia, Guam, Puerto (Approved by the Office of Management and Rico, and the Virgin Islands of the Budget under control number 0579–0049) United States. [79 FR 19811, Apr. 10, 2014] [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001; 78 FR 25571, May 2, § 319.55–3 Ports of entry. 2013] (a) For importations of seed or paddy rice from the Republic of Mexico, per- § 319.55a Administrative instructions mits will be issued for entry through relating to entry of rice straw and Mexican border ports and such other rice hulls into Guam. ports as may later be approved by the Rice straw and rice hulls may be im- Plant Protection and Quarantine Pro- ported into Guam without further per- grams. mit, other than the authorization con- (b) For importations of rice straw tained in this paragraph. The port of and rice hulls from all foreign coun- entry shall be Agana or such other port tries, permits will be issued for entry as may be satisfactory to the inspec- at New York and Boston and at such tor. Such importations may be made other ports as may later be approved without the submission of a notice of by the Plant Protection and Quar- arrival inasmuch as there is available antine Programs. to the inspector the essential informa- (c) Pending development of adequate tion normally supplied by an importer treating facilities in Guam, seed or at the time of importation. The re- paddy rice, rice straw, and rice hulls quirements of §§ 319.55–6 and 319.55–7 that are subject to treatment as a con- shall not apply. Inspections of such im- dition of entry therein must first be entered and treated in accordance with portations may be made under the gen- the requirements of this subpart at a eral authority of § 330.105(a) of this United States port of arrival where chapter. If an importation is found in- such treating facilities are available. fected, infested, or contaminated by (d) Should a shipment requiring any plant pest and is not subject to dis- treatment arrive at a port where facili- posal under this part, disposition may ties for such treatment are not main- be made in accordance with § 330.106 of tained, such shipment shall either be this chapter. promptly shipped under safeguards and

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by routing prescribed by the inspector hulls shall be subject to inspection and to an approved port where facilities for to treatment in accordance with part treatment are available, or it shall be 305 of this chapter at the port of ar- refused entry. rival, under the supervision of the in- spector, by methods and at plants ap- § 319.55–4 [Reserved] proved by the Plant Protection and Quarantine Programs and, as a further § 319.55–5 Notice of arrival by per- condition of entry, in order to permit mittee. effective treatment in accordance with Immediately upon the arrival of a part 305 of this chapter, the contents of shipment at the port of first arrival, packages or bales shall not be com- the permittee or his agent shall submit pressed to a density of more than 30 a notice, in duplicate, to the Plant Pro- pounds per cubic foot. Rice straw and tection and Quarantine Programs, rice hulls will be admitted only at through the United States Collector of ports where adequate facilities are Customs, or, in the case of Guam, available for such treatment. The re- through the Customs officer of the quired treatment must be given within Government of Guam, on a form pro- 20 days after arrival, but if any ship- vided for that purpose, stating the ment of rice straw or rice hulls shall be number of the permit, the quantity in found upon arrival to be dangerously the shipment, the locality where infested or infected the inspector may grown, the date of arrival, and, if by direct immediate treatment under ade- rail, the name of the railroad company, quate safeguards; and, if the treatment the car numbers, and the terminal and safeguards are not put into effect where the shipment is to be unloaded, as directed, the shipment shall be re- or, if by vessel, the name of the vessel moved from the country immediately and the designation of the dock where or destroyed. the shipment is to be landed. (2) Unless, within 20 days after the (Approved by the Office of Management and date of arrival of a shipment at the Budget under control number 0579–0049) port at which the formal entry was filed, the importation has received the [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] required treatment, due notice of which shall be given to the collector of § 319.55–6 Inspection and disinfection customs by the inspector, demand will at port of arrival. be made by the collector for redelivery (a) Paddy rice. All importations of of the shipment into customs custody seed or paddy rice from Mexico shall be under the terms of the entry bond, and, subject, as a condition of entry, to such if such redelivery is not made, the ship- inspection or disinfection in accord- ment shall be removed from the coun- ance with part 305 of this chapter, or try or destroyed. both, at the port of arrival, as shall be (c) General. (1) All charges for stor- required by the inspector, and to the age, cartage, and labor incident to in- delivery to the collector of customs by spection and disinfection, other than the inspector of a written notice that the services of the inspector, shall be the seed or paddy rice has been in- paid by the importer. spected and found to be apparently free (2) All shipments shall be so baled, from plant diseases and insect pests or bagged, or wrapped as to prevent scat- that the required treatment has been tering or wastage. If, in the judgment given. Should any shipment of such of the inspector, a shipment is not so seed or paddy rice be found to be so in- bagged, baled, or wrapped, it shall be fested with insect pests or infected reconditioned at the expense of the per- with plant diseases that, in the judg- mittee or entry may be refused. ment of the inspector, it cannot be [24 FR 10788, Dec. 29, 1959, as amended at 75 cleaned by disinfection or other treat- FR 4252, Jan. 26, 2010] ment in accordance with part 305 of this chapter, the entire shipment may § 319.55–7 Importations by mail. be refused entry. Importations of seed or paddy rice, (b) Rice straw and rice hulls. (1) As a rice straw, and rice hulls from all for- condition of entry, rice straw and rice eign countries and localities may be

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made by mail or cargo, provided that a Commodity. A type of plant, plant permit has been issued for the importa- product, or other regulated article tion in accordance with §§ 319.7 through being moved for trade or other purpose. 319.7–5 and all conditions of the permit Consignment. A quantity of plants, are met. plant products, and/or other articles, including fruits or vegetables, being (Approved by the Office of Management and Budget under control number 0579–0049) moved from one country to another and covered, when required, by a single [79 FR 19811, Apr. 10, 2014] phytosanitary certificate (a consign- ment may be composed of one or more Subpart—Fruits and Vegetables commodities or lots). Continental United States. The 48 con- SOURCE: 72 FR 39501, July 18, 2007, unless tiguous States, Alaska, and the Dis- otherwise noted. trict of Columbia. Country of origin. Country where the § 319.56–1 Notice of quarantine. plants from which the plant products (a) Under section 412(a) of the Plant are derived were grown. Protection Act, the Secretary of Agri- Cucurbits. Any plants in the family culture may prohibit or restrict the Cucurbitaceae. importation and entry of any plant or Field. A plot of land with defined plant product if the Secretary deter- boundaries within a place of production mines that the prohibition or restric- on which a commodity is grown. tion is necessary to prevent the intro- Frozen fruit or vegetable. Any variety duction into the United States or the of raw fruit or vegetable preserved by dissemination within the United States commercially acceptable freezing of a plant pest or noxious weed. methods in such a way that the com- (b) The Secretary has determined modity remains at ¥6.7 °C (20 °F) or that it is necessary to prohibit the im- below for at least 48 hours prior to re- portation into the United States of lease. fruits and vegetables and associated Fruits and vegetables. A commodity plants and portions of plants except as class for fresh parts of plants intended provided in this part. for consumption or processing and not for planting. § 319.56–2 Definitions. Import and importation. To move into, Above ground parts. Any plant parts, or the act of movement into, the terri- such as stems, leaves, fruit, or inflores- torial limits of the United States. cence (flowers), that grow solely above Inspector. Any individual authorized the soil surface. by the Administrator of APHIS or the Administrator. The Administrator of Commissioner of the Bureau of Cus- the Animal and Plant Health Inspec- toms and Border Protection, Depart- tion Service, United States Depart- ment of Homeland Security, to enforce ment of Agriculture, or any other em- the regulations in this subpart. ployee of the United States Depart- Lot. A number of units of a single ment of Agriculture delegated to act in commodity, identifiable by its homo- his or her stead. geneity of composition and origin, APHIS. The Animal and Plant Health forming all or part of a consignment. Inspection Service, United States De- National plant protection organization partment of Agriculture. (NPPO). Official service established by Commercial consignment. A lot of a government to discharge the func- fruits or vegetables that an inspector tions specified by the International identifies as having been imported for Plant Protection Convention. sale and distribution. Such identifica- Noncommercial consignment. A lot of tion will be based on a variety of indi- fruits or vegetables that an inspector cators, including, but not limited to: identifies as having been imported for Quantity of produce, type of pack- personal use and not for sale. aging, identification of grower or pack- Permit. A written, oral, or electroni- inghouse on the packaging, and docu- cally transmitted authorization to im- ments consigning the fruits or vegeta- port fruits or vegetables in accordance bles to a wholesaler or retailer. with this subpart.

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Phytosanitary certificate. A document, normally attached to fruits or vegeta- including electronic versions, that is bles. related to a consignment and that: Production site. A defined portion of a (1) Is patterned after the model cer- place of production utilized for the pro- tificate of the International Plant Pro- duction of a commodity that is man- tection Convention (IPPC), a multilat- aged separately for phytosanitary pur- eral convention on plant protection poses. This may include the entire under the authority of the Food and place of production or portions of it. Agriculture Organization of the United Examples of portions of places of pro- Nations (FAO); duction are a defined orchard, grove, (2) Is issued by an official of a foreign field, or premises. national plant protection organization Quarantine pest. A pest of potential in one of the five official languages of economic importance to the area en- the FAO; dangered by it and not yet present (3) Is addressed to the plant protec- there, or present but not widely dis- tion service of the United States (Ani- tributed there and being officially con- mal and Plant Health Inspection Serv- trolled. ice); United States. All of the States of the (4) Describes the consignment; United States, the Commonwealth of Northern Mariana Islands, the Com- (5) Certifies the place of origin for all monwealth of Puerto Rico, the District contents of the consignment; of Columbia, Guam, the Virgin Islands (6) Certifies that the consignment of the United States, and any other has been inspected and/or tested ac- territory or possession of the United cording to appropriate official proce- States. dures and is considered to be free from West Indies. The foreign islands lying quarantine pests of the United States; between North and South America, the (7) Contains any additional declara- Caribbean Sea, and the Atlantic Ocean, tions required by this subpart; and divided into the Bahamas, the Greater (8) Certifies that the consignment Antilles (including Hispaniola), and the conforms with the phytosanitary re- Lesser Antilles (including the Leeward quirements of the United States and is Islands, the Windward Islands, and the considered eligible for importation pur- islands north of Venezuela). suant to the laws and regulations of the United States. [72 FR 39501, July 18, 2007, as amended at 73 FR 10972, Feb. 29, 2008; 80 FR 55018, Sept. 14, Phytosanitary measure. Any legisla- 2015] tion, regulation, or official procedure having the purpose to prevent the in- § 319.56–3 General requirements for all troduction and/or spread of quarantine imported fruits and vegetables. pests, or to limit the economic impact All fruits and vegetables that are al- of regulated non-quarantine pests. lowed importation under this subpart Place of production. Any premises or must be imported in accordance with collection of fields operated as a single the following requirements, except as production or farming unit. This may specifically provided otherwise in this include a production site that is sepa- subpart. rately managed for phytosanitary pur- (a) Freedom from unauthorized plant poses. parts. All fruits and vegetables im- Plant litter and debris. Discarded or ported under this subpart, whether in decaying organic matter; detached commercial or noncommercial consign- leaves, twigs, or stems that do not add ments, must be free from plant litter commercial value to the product. or debris and free of any portions of Port of first arrival. The first port plants that are specifically prohibited within the United States where a con- in the regulations in this subpart. signment is offered for consumption (b) Permit. (1) All fruits and vegeta- entry or offered for entry for imme- bles imported under this subpart, diate transportation in bond. whether commercial or noncommercial Portions of plants. Stalks or stems, in- consignments, must be imported under cluding the pediculus, pedicel, permit issued by APHIS, must be im- peduncle, raceme, or panicle, that are ported under the conditions specified in

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the permit, and must be imported in (d) Inspection, treatment, and other re- accordance with all applicable regula- quirements. All imported fruits or vege- tions in this part; except for: tables are subject to inspection, are (i) Dried, cured, or processed fruits subject to such disinfection at the port and vegetables (except frozen fruits and of first arrival as may be required by vegetables), including cured figs and an inspector, and are subject to rein- dates, raisins, nuts, and dried beans spection at other locations at the op- and peas, except certain acorns and tion of an inspector. If an inspector chestnuts subject to § 319.56–11 of this finds plants or portions of plants, or a subpart; plant pest or noxious weed, or evidence (ii) Fruits and vegetables grown in of a plant pest or noxious weed on or in Canada (except potatoes from New- any fruit or vegetable or its container, foundland and that portion of the Mu- or finds that the fruit or vegetable may nicipality of Central Saanich in the have been associated with other arti- Province of British Columbia east of cles infested with plant pests or nox- the West Saanich Road, which are pro- ious weeds, the owner or agent of the hibited importation into the United owner of the fruit or vegetable must States); and clean or treat the fruit or vegetable (iii) Fruits and vegetables, except and its container as required by an in- mangoes, grown in the British Virgin spector, and the fruit or vegetable is Islands that are imported into the U.S. also subject to reinspection, cleaning, Virgin Islands. and treatment at the option of an in- (2) Persons contemplating the impor- spector at any time and place until all tation of any fruits or vegetables under applicable requirements of this subpart this subpart must apply for a permit in have been accomplished. accordance with §§ 319.7 through 319.7–5. (1) Notice of arrival; assembly for in- (c) Ports of entry. (1) Fruits and vege- spection. Any person importing fruits tables must be imported into specific and vegetables into the United States ports if so required by this subpart or must offer those agricultural products by part 305 of this chapter, or if so re- for inspection and entry at the port of quired by a permit issued in accordance first arrival. The owner or agent must with this section and with §§ 319.7 assemble the fruits and vegetables for through 319.7–5 for the importation of inspection at the port of first arrival, the particular fruit or vegetable. If a or at any other place designated by an permit issued for the importation of inspector, and in a manner designated fruits or vegetables names specific by the inspector. All fruits and vegeta- port(s) where the fruits or vegetables bles must be accurately disclosed and must be imported, the fruits and vege- made available to an inspector for ex- tables may only be imported into the amination. The owner or the agent port(s) named in the permit. If a per- must provide an inspector with the mit issued for the importation of fruits name and address of the consignee and or vegetables does not name specific must make full disclosure of the type, port(s) where the fruits or vegetables quantity, and country and locality of must be imported, the fruits and vege- origin of all fruits and vegetables in tables may be imported into any port the consignment, either orally for non- referenced in paragraph (c)(2) of this commercial consignments or on an in- section. voice or similar document for commer- (2) Fruits and vegetables imported cial consignments. under this subpart may be imported (2) Refusal of entry. If an inspector into any port listed in 19 CFR finds that an imported fruit or vege- 101.3(b)(1), except as otherwise provided table is prohibited, or is not accom- by part 319 or by a permit issued in ac- panied by required documentation, or cordance with part 319, and except as is so infested with a plant pest or nox- provided in § 330.104 of this chapter. ious weed that, in the judgment of the Fruits and vegetables that are to be inspector, it cannot be cleaned or cold treated at ports in the United treated, or contains soil or other pro- States may only be imported into spe- hibited contaminants, the entire lot or cific ports as provided in part 305 of consignment may be refused entry into this chapter. the United States.

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(3) Release for movement. No person under this subpart (or under part 305 of may move a fruit or vegetable from the this chapter) to protect against the in- port of first arrival unless an inspector troduction of plant pests into the has either: United States. (i) Released it; (ii) Ordered treatment at the port of (Approved by the Office of Management and Budget under control number 0579–0049) first arrival and, after treatment, re- leased the fruit or vegetable; [72 FR 39501, July 18, 2007, as amended at 73 (iii) Authorized movement of the FR 10972, Feb. 29, 2008; 75 FR 4252, Jan. 26, fruit or vegetable to another location 2010; 79 FR 19811, Apr. 10, 2014] for treatment, further inspection, or § 319.56–4 Approval of certain fruits destruction; or and vegetables for importation. (iv) Ordered the fruit or vegetable to be reexported. (a) Determination by the Administrator. (4) Notice to owner of actions ordered by The Administrator has determined inspector. If an inspector orders any dis- that the application of one or more of infection, cleaning, treatment, re- the designated phytosanitary measures exportation, recall, destruction, or cited in paragraph (b) of this section to other action with regard to imported certain imported fruits and vegetables fruits or vegetables while the consign- mitigates the risk posed by those com- ment is in foreign commerce, the in- modities, and that such fruits and spector will issue an emergency action vegetables may be imported into the notification (PPQ Form 523) to the United States subject to one or more of owner of the fruits or vegetables or to those measures, as provided in para- the owner’s agent. The owner must, graphs (c) and (d) of this section. The within the time and in the manner name and origin of all fruits and vege- specified in the PPQ Form 523, destroy tables authorized importation under the fruits and vegetables, ship them to this section, as well as the applicable a point outside the United States, requirements for their importation, move them to an authorized site, and/ may be found on the Internet at http:// or apply treatments or other safe- www.aphis.usda.gov/importlexport/ guards to the fruits and vegetables as plants/manuals/ports/downloads/fv.pdf. prescribed to prevent the introduction Commodities that require of plant pests or noxious weeds into the phytosanitary measures other than one United States. or more of the designated (e) Costs and charges. APHIS will be phytosanitary measures cited in para- responsible only for the costs of pro- graph (b) of this section may only be viding the services of an inspector dur- imported in accordance with applicable ing regularly assigned hours of duty requirements in § 319.56–3 and com- and at the usual places of duty. 1 The modity-specific requirements con- owner of imported fruits or vegetables tained elsewhere in this subpart. is responsible for all additional costs of (b) Designated phytosanitary measures. inspection, treatment, movement, stor- (1) Fruits or vegetables are subject to age, destruction, or other measures or- inspection upon arrival in the United dered by an inspector under this sub- States and comply with all applicable part, including any labor, chemicals, provisions of § 319.56–3. packing materials, or other supplies re- (2) The fruits or vegetables are im- quired. APHIS will not be responsible ported from a pest-free area in the for any costs or charges, other than country of origin and are accompanied those identified in this section. by a phytosanitary certificate stating (f) APHIS not responsible for damage. that the fruits or vegetables originated APHIS assumes no responsibility for in a pest-free area in the country of or- any damage to fruits or vegetables that igin. results from the application of treat- (3) The fruits or vegetables are treat- ments or other measures required ed in accordance with part 305 of this chapter. 1 Provisions relating to costs for other (4) The fruits or vegetables are in- services of an inspector are contained in part spected in the country of origin by an 354 of this chapter. inspector or an official of the national

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plant protection organization of the ex- posed by each quarantine pest associ- porting country, and have been found ated with the fruit or vegetable in the free of one or more specific quarantine country or other region of origin is pests identified by risk analysis as mitigated by one or more of the fol- likely to follow the import pathway. lowing factors: (5) The fruits or vegetables are im- (1) Inspection. A quarantine pest is as- ported as commercial consignments sociated with the commodity in the only. country or region of origin, but the (c) Fruits and vegetables authorized im- pest can be easily detected via inspec- portation under this section. (1) Pre- tion; viously approved fruits and vegetables. (2) Pest freedom. No quarantine pests Fruits and vegetables that were au- are known to be associated with the thorized importation under this sub- fruit or vegetable in the country or re- part either directly by permit or by gion of origin, or a quarantine pest is specific regulation as of August 17, 2007 and that were subject only to one or associated with the commodity in the more of the designated phytosanitary country or region of origin but the measures cited in paragraph (b) of this commodity originates from an area in section and the general requirements the country or region that meets the of § 319.56–3, may continue to be im- requirements of § 319.56–5 for freedom ported into the United States under from that pest; the same requirements that applied be- (3) Effectiveness of treatment. A quar- fore August 17, 2007, except as provided antine pest is associated with the fruit in paragraph (d) of this section. or vegetable in the country or region of (2) Other fruits and vegetables. Fruits origin, but the risk posed by the pest and vegetables that do not meet the can be reduced by applying an approved criteria in paragraph (c)(1) of this sec- post-harvest treatment to the fruit or tion may be authorized importation vegetable. under this section as follows: (4) Pre-export inspection. A quarantine (i) Pest risk analysis. The risk posed pest is associated with the commodity by the particular fruit or vegetable in the country or region of origin, but from a specified country or other re- the commodity is subject to pre-export gion has been evaluated and publicly inspection, and the commodity is to be communicated as follows: accompanied by a phytosanitary cer- (A) Availability of pest risk analysis. tificate that contains an additional APHIS published in the FEDERAL REG- declaration that the commodity has ISTER, for 60 days public comment, a been inspected and found free of such notice announcing the availability of a pests in the country or region of origin. pest risk analysis that evaluated the (5) Commercial consignments. A quar- risks associated with the importation antine pest is associated with the fruit of the particular fruit or vegetable. or vegetable in the country or region of (B) Determination of risk; factors con- origin, but the risk posed by the pest sidered. The Administrator determined, can be reduced by commercial prac- and announced in the notice referred to tices. in the previous paragraph, that, based on the information available, the appli- (ii) Issuance of import permits. The Ad- cation of one or more of the designated ministrator will announce his or her phytosanitary measures described in decision in a subsequent FEDERAL REG- paragraph (b) of this section is suffi- ISTER notice. If appropriate, APHIS cient to mitigate the risk that plant would begin issuing permits for impor- pests or noxious weeds could be intro- tation of the fruit or vegetable subject duced into or disseminated within the to requirements specified in the notice United States via the imported fruit or because: vegetable. In order for the Adminis- (A) No comments were received on trator to make the determination de- the pest risk analysis; scribed in this paragraph, he or she (B) The comments on the pest risk must conclude based on the informa- analysis revealed that no changes to tion presented in the risk analysis for the pest risk analysis were necessary; the fruit or vegetable that the risk or

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(C) Changes to the pest risk analysis porated by reference in § 300.5 of this were made in response to public com- chapter. ments, but the changes did not affect (b) Survey protocols. APHIS must ap- the overall conclusions of the analysis prove the survey protocol used to de- and the Administrator’s determination termine and maintain pest-free status, of risk. as well as protocols for actions to be (d) Amendment of import requirements. performed upon detection of a pest. If, after August 17, 2007, the Adminis- Pest-free areas are subject to audit by trator determines that one or more of APHIS to verify their status. the designated phytosanitary measures (c) Determination of pest freedom. (1) is not sufficient to mitigate the risk posed by any of the fruits and vegeta- For an area to be considered free of a bles that are authorized importation specified pest for the purposes of this into the United States under this sec- subpart, the Administrator must deter- tion, APHIS will prohibit or further re- mine, and announce in a notice or rule strict importation of the fruit or vege- published in the FEDERAL REGISTER for table. APHIS may also publish a notice 60 days public comment, that the area in the FEDERAL REGISTER advising the meets the criteria of paragraphs (a) public of its finding. The notice will and (b) of this section. specify the amended import require- (2) The Administrator will announce ments, provide an effective date for the his or her decision in a subsequent change, and will invite public comment FEDERAL REGISTER notice. If appro- on the subject. priate, APHIS would begin issuing per- (Approved by the Office of Management and mits for importation of the fruit or Budget under control number 0579–0293) vegetable from a pest-free area be- cause: § 319.56–5 Pest-free areas. (i) No comments were received on the As provided elsewhere in this sub- notice or part, certain fruits and vegetables may (ii) The comments on the notice did be imported into the United States pro- not affect the overall conclusions of vided that the fruits or vegetables the notice and the Administrator’s de- originate from an area that is free of a termination of risk. specific pest or pests. In some cases, (d) Decertification of pest-free areas; re- fruits or vegetables may only be im- instatement. If a pest is detected in an ported if the area of export is free of all area that is designated as free of that quarantine pests that attack the fruit pest, APHIS would publish in the FED- or vegetable. In other cases, fruits and ERAL REGISTER a notice announcing vegetables may be imported if the area that the pest-free status of the area in of export is free of one or more quar- question has been withdrawn, and that antine pests that attack the fruit or imports of host crops for the pest in vegetable, and provided that the risk question are subject to application of posed by the remaining quarantine an approved treatment for the pest. If pests that attack the fruit or vegetable a treatment for the pest is not avail- is mitigated by other specific able, importation of the host crops phytosanitary measures contained in the regulations in this subpart. would be prohibited. In order for a de- (a) Application of international stand- certified pest-free area to be rein- ard for pest free areas. APHIS requires stated, it would have to meet the cri- that determinations of pest-free areas teria of paragraphs (a) and (b) of this be made in accordance with the cri- section. teria for establishing freedom from (e) General requirements for fruits and pests found in International Standard vegetables imported from pest-free areas. for Phytosanitary Measures No. 4, (1) Labeling. Each box of fruits or vege- ‘‘Requirements for the establishment tables that is imported into the United of pest free areas.’’ The international States from a pest-free area under this standard was established by the Inter- subpart must be clearly labeled with: national Plant Protection Convention (i) The name of the orchard or grove of the United Nations’ Food and Agri- of origin, or the name of the grower; culture Organization and is incor- and

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(ii) The name of the municipality and eral share of employee benefits), travel State in which the fruits or vegetables expenses (including per diem expenses), were produced; and and other incidental expenses incurred (iii) The type and amount of fruit the by the inspectors in performing serv- box contains. ices. The agreement must require the (2) Phytosanitary certificate. A NPPO of the exporting country or re- phytosanitary certificate must accom- gion or a private export group to de- pany the imported fruits or vegetables, posit a certified or cashier’s check with and must contain an additional dec- APHIS for the amount of those costs, laration that the fruits originate from as estimated by APHIS. The agreement a pest-free area that meets the require- must further specify that, if the de- ments of paragraphs (a) and (b) of this posit is not sufficient to meet all costs section. incurred by APHIS, the NPPO of the (3) Safeguarding. If fruits or vegeta- exporting country or a private export bles are moved from a pest-free area group must deposit with APHIS, before into or through an area that is not free the services will be completed, a cer- of that pest, the fruits or vegetables tified or cashier’s check for the amount must be safeguarded during the time of the remaining costs, as determined they are present in a non-pest-free area by APHIS. After a final audit at the by being covered with insect-proof conclusion of each shipping season, any mesh screens or plastic tarpaulins, in- overpayment of funds would be re- cluding while in transit to the packing- turned to the NPPO of the exporting house and while awaiting packaging. If country or region or a private export fruits or vegetables are moved through group, or held on account. an area that is not free of that pest during transit to a port, they must be § 319.56–7 Territorial applicability and packed in insect-proof cartons or con- exceptions. tainers or be covered by insect-proof (a) The regulations in this subpart mesh or plastic tarpaulins during tran- apply to importations of fruits and sit to the port and subsequent export vegetables into any area of the United to the United States. These safeguards States, except as provided in this sec- described in this section must be intact tion. upon arrival in the United States. (b) Importations of fruits and vegetables (Approved by the Office of Management and into Guam. (1) The following fruits and Budget under control numbers 0579–0049, vegetables may be imported into Guam 0579–0316 and 0579–0293) without treatment, except as may be required under § 319.56–3(d), and in ac- § 319.56–6 Trust fund agreements. cordance with all the requirements of If APHIS personnel need to be phys- this subpart as modified by this sec- ically present in an exporting country tion: or region to facilitate the exportation (i) All leafy vegetables and root crops of fruits or vegetables and APHIS serv- from the Bonin Islands, Volcano Is- ices are to be funded by the national lands, and Ryukyu Islands. plant protection organization (NPPO) (ii) All fruits and vegetables from of the exporting country or a private Palau and the Federated States of Mi- export group, then the NPPO or the cronesia (FSM), except Artocarpus spp. private export group must enter into a (breadfruit, jackfruit, and chempedak), trust fund agreement with APHIS that citrus, curacao apple, guava, Malay or is in effect at the time the fruits or mountain apple (Syzygium spp.), vegetables are exported. Under the mango, and papaya, and except dasheen agreement, the NPPO of the exporting from the Yap district of FSM and from country or the private export group Palau, and bitter melon (Momordica must pay in advance all estimated charantia) from Palau. The excepted costs that APHIS expects to incur in products are approved for entry into providing inspection services in the ex- Guam after treatment in accordance porting country. These costs will in- with part 305 of this chapter. clude administrative expenses incurred (iii) Allium (without tops), arti- in conducting the services and all sala- chokes, bananas, bell peppers, cabbage, ries (including overtime and the Fed- carrots, celery, Chinese cabbage, citrus

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fruits, eggplant, grapes, lettuce, mel- part, disposition may be made in ac- ons, okra, parsley, peas, persimmons, cordance with § 330.106 of this chapter. potatoes, rhubarb, squash (Cucurbita (4) Baskets or other containers made maxima), stone and pome fruits, string of coconut fronds are not approved for beans, sweetpotatoes, tomatoes, turnip use as containers for fruits and vegeta- greens, turnips, and watermelons from bles imported into Guam. Fruits and Japan and Korea. vegetables in such baskets or con- (iv) Leafy vegetables, celery, and po- tainers offered for importation into tatoes from the Philippine Islands. Guam will not be regarded as meeting (v) Carrots (without tops), celery, let- § 319.56–3(a). tuce, peas, potatoes, and radishes (c) Importation of fruits and vegetables (without tops) from Australia. into the U.S. Virgin Islands. (1) Fruits (vi) Arrowroot, asparagus, bean and vegetables grown in the British sprouts, broccoli, cabbage, carrots Virgin Islands may be imported into (without tops), cassava, cauliflower, the U.S. Virgin Islands in accordance celery, chives, cow-cabbage, dasheen, with § 319.56–3, except that: garlic, gingerroot, horseradish, kale, (i) Such fruits and vegetables are ex- kudzu, leek, lettuce, onions, Por- tuguese cabbage, turnip, udo, water empt from the permit requirements of chestnut, watercress, waterlily root, § 319.56–3(b); and and yam bean root from Taiwan. (ii) Mangoes grown in the British (vii) Lettuce from Papua New Guin- Virgin Islands are prohibited entry ea. into the U.S. Virgin Islands. (viii) Carrots (without tops), celery, (2) Okra produced in the West Indies lettuce, loquats, onions, persimmons, may be imported into the U.S. Virgin potatoes, tomatoes, and stone fruits Islands without treatment but are sub- from New Zealand. ject to inspection at the port of arrival. (ix) Asparagus, carrots (without [72 FR 39501, July 18, 2007, as amended at 75 tops), celery, lettuce, and radishes FR 4252, Jan. 26, 2010] (without tops) from Thailand. (x) Green corn on the cob. §§ 319.56–8—319.56–9 [Reserved] (xi) All other fruits and vegetables approved for entry into any other part § 319.56–10 Importation of fruits and or port of the United States, and ex- vegetables from Canada. cept any which are specifically des- (a) General permit for fruits and vegeta- ignated in this subpart as not ap- bles grown in Canada. Fruits and vege- proved. tables grown in Canada and offered for (2) An inspector in Guam may accept entry into the United States will be an oral application and issue an oral subject to the inspection, treatment, permit for products listed in paragraph and other requirements of § 319.56–3(d), (a) of this section, which is deemed to but may otherwise be imported into fulfill the requirements of § 319.56–3(b) the United States without restriction of this subpart. The inspector may waive the documentation required in under this subpart; provided, that: § 319.56–3 for such products whenever (1) Consignments of Allium spp. con- the inspector finds that information sisting of the whole plant or above available from other sources meets the ground parts must be accompanied by a requirements under this subpart for phytosanitary certificate issued by the the information normally supplied by national plant protection organization such documentation. of Canada with an additional declara- (3) The provisions of § 319.56–11 do not tion stating that the articles are free apply to chestnuts and acorns imported from Acrolepipsis assectella (Zeller). into Guam, which are enterable into (2) Potatoes from Newfoundland and Guam without permit or other restric- that portion of the Municipality of tion under this subpart. If chestnuts or Central Saanich in the Province of acorns imported under this paragraph British Columbia east of the West are found infected, infested, or con- Saanich Road are prohibited importa- taminated with any plant pest and are tion into the United States in accord- not subject to disposal under this sub- ance with § 319.37–2 of this part.

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(b) [Reserved] (3) For propagation. Acorns and chest- nuts from any country may be im- (Approved by the Office of Management and Budget under control number 0579–0316) ported for propagation only in accord- ance with the applicable requirements § 319.56–11 Importation of dried, in §§ 319.37 through 319.37–14 of this cured, or processed fruits, vegeta- part. bles, nuts, and legumes. (c) Macadamia nuts. Macadamia nuts (a) Dried, cured, or processed fruits in the husk or shell are prohibited im- and vegetables (except frozen fruits and portation into the United States unless vegetables), including cured figs and the macadamia nuts were produced in, dates, raisins, nuts, and dried beans and imported from, St. Eustatius. and peas, may be imported without [72 FR 39501, July 18, 2007, as amended at 75 permit, phytosanitary certificate, or FR 4252, Jan. 26, 2010] other compliance with this subpart, ex- cept as specifically provided otherwise § 319.56–12 Importation of frozen fruits in this section or elsewhere in this and vegetables. part. Frozen fruits and vegetables may be (b) Acorns and chestnuts—(1) From imported into the United States in ac- countries other than Canada and Mexico; cordance with § 319.56–3. Such fruits and treatment required. Acorns and chest- vegetables must be held in accordance nuts intended for purposes other than with the requirements for importing propagation, except those grown in and frozen fruits and vegetables in part 305 shipped from Canada and Mexico, must of this chapter.. be imported into the United States [72 FR 39501, July 18, 2007, as amended at 75 under permit, and subject to all the re- FR 4252, Jan. 26, 2010] quirements of § 319.56–3, and must be treated in accordance with part 305 of § 319.56–13 Fruits and vegetables al- this chapter. 2 lowed importation subject to speci- (2) From Canada and Mexico. Acorns fied conditions. and chestnuts grown in and shipped (a) The following fruits and vegeta- from Canada and Mexico for purposes bles may be imported in accordance other than propagation may be im- with § 319.56–3 and any additional re- ported in accordance with paragraph quirements specified in paragraph (b) (a) of this section. of this section.

Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Algeria ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Angola ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Antigua and Bar- Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). buda. Argentina ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Australia (Tasmania Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). only). Austria ...... Asparagus, white ... Asparagus officinalis ...... Shoot ...... (b)(4)(iii). Bahamas ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Barbados ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Belgium ...... Apricot ...... Prunus armeniaca ...... Fruit ...... (b)(5)(xi). Fig ...... Ficus carica ...... Fruit ...... (b)(5)(xi). Nectarine ...... Prunus persica var. nucipersica ...... Fruit ...... (b)(5)(xi). Peach ...... Prunus persica ...... Fruit ...... (b)(5)(xi). Plum ...... Prunus domestica ...... Fruit ...... (b)(5)(xi). Belize ...... 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)(ii). Benin ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Bolivia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Brazil ...... Cantaloupe ...... Cucumis melo var. cantaloupensis ...... Fruit ...... (b)(1)(v), (b)(3). Cassava ...... Manihot esculenta ...... Fruit ...... (b)(2)(vii). Honeydew melon .. Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(3).

2 Acorns and chestnuts imported into Guam are subject to the requirements of § 319.56–7(b). 319

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(1)(v), (b)(3). Burkina Faso ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cameroon ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cayman Islands ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Chile ...... African horned cu- Cucumis metuliferus ...... Fruit ...... (b)(2)(i). cumber. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). China ...... Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Columbia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Yellow pitaya ...... Selinicereus megalanthus ...... Fruit ...... (b)(5)(xiii). Congo, Democratic Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Republic of. 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)(vi). Costa Rica ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Cote d’Ivoire ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Dominica ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). 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). Ecuador ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Egypt ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). El Salvador ...... Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). 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)(ii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Waterlily or lotus ... Nelumbo nucifera ...... Roots without soil .. (b)(2)(i). Yam-bean or Pachyrhizus spp...... Roots without soil .. (b)(2)(i). jicama. Fiji ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). France ...... Bean ...... Glycine max (Soybean); Phaseolus Fruit ...... (b)(5)(x). 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, as- paragus bean, long bean), ssp. unguiculata (southern pea, black- eyed bean, black-eyed pea, cowpea, crowder pea)). Tomato ...... Solanum lycopersicum ...... Fruit, stem, and (b)(4)(ii). leaf. French Guiana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). French Polynesia, Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). including Tahiti. Ghana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Grenada ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guadeloupe ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guatemala ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). chamomilla. Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi).

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii). Waterlily or lotus ... Nelumbo nucifera ...... Roots without soil .. (b)(2)(i). Yam-bean or Pachyrhizus spp ...... Roots without soil .. (b)(2)(i) jicama. Guinea ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guyana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Haiti ...... 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)(iii). Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). 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)(ii). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii). Waterlily or lotus ... Nelumbo nucifera ...... Roots without soil .. (b)(2)(i). Yam-bean or Pachyrhizus spp...... Roots without soil .. (b)(2)(i). jicama. India ...... Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Indonesia ...... Dasheen ...... Colocasia spp., Alocasia spp., and Tuber ...... (b)(2)(iv). Xanthosoma spp. Israel ...... Melon ...... Cucumis melo only ...... Fruit ...... (b)(5)(vii). Tomato (green) ..... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii) or (b)(3), (b)(5)(xiv). Tomato (red or Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(5)(viii) or pink). (b)(3), (b)(5)(xiv). Italy ...... Garlic ...... Allium sativum ...... Bulb ...... (b)(5)(v) 1. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Solanum lycopersicum ...... 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)(xi). Cucumber ...... Cucumis sativas ...... Fruit ...... (b)(2)(x), (b)(5)(xii). Pepper ...... Capsicum spp...... Fruit ...... (b)(2)(x), (b)(5)(xi). Sand pear ...... Pyrus pyrifolia var. culta ...... Fruit ...... (b)(5)(ix). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(2)(x), (b)(5)(xii). Kenya ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Korea, Republic of .. Dasheen ...... Colocasia spp., Alocasia spp., and Root ...... (b)(2)(iv). Xanthosoma spp. Sand pear ...... Pyrus pyrifolia var. culta ...... Fruit ...... (b)(5)(ix). Strawberry ...... Fragaria spp ...... Fruit ...... (b)(5)(i). Liberia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Mali ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Martinique ...... 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)(iv). 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)(ii). Montserrat ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Morocco ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Morocco and West- Tomato ...... Solanum lycopersicum ...... Fruit, stem, and (b)(4)(ii). ern Sahara. leaf. Netherlands ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Peach ...... Prunus persica ...... Fruit ...... (b)(5)(xi). Netherlands Antilles Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). New Zealand ...... Citrus ...... Citrus spp...... Fruit ...... (b)(3), (b)(5)(xvi). Passion fruit ...... Passiflora spp...... Fruit ...... (b)(2)(vi). Nicaragua ...... Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). chamomilla. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii).

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Waterlily or lotus ... Nelumbo nucifera ...... Roots without soil .. (b)(2)(i). Yam-bean or Pachyrhizus spp...... Roots without soil .. (b)(2)(i). jicama. Niger ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Nigeria ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Panama ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Solanum lycopersicum ...... 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). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Philippines ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(5)(vi). Portugal (including Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Azores). Portugal (Azores Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii). only). St. Kitts and Nevis .. Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). St. Lucia ...... 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 ...... 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)(xii). Spain ...... Garlic ...... Allium sativum ...... Bulb ...... (b)(5)(v) 1. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(4)(ii). Sri Lanka ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). Taiwan ...... Brassica ...... Brassica oleracea ...... Above ground parts (b)(2)(viii). Carambola ...... Averrhoa carambola ...... Fruit ...... (b)(2)(ix), (b)(5)(xv). Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Longan ...... Dimocarpus longan ...... Fruit and stems ..... (b)(2)(v), (b)(3), (b)(5)(xv), (b)(5)(xvii). Thailand ...... Pineapple 3 ...... Ananas comosus ...... Fruit ...... (b)(2)(xi), (b)(5)(vi). Togo ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Trinidad and To- Cassava ...... Manihot esculenta ...... Fruit ...... (b)(2)(vi). bago. Cucurbit ...... Cucurbitaceae ...... Above ground parts (b)(2)(iii), (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). 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. cantaloupensis ...... Fruit ...... (b)(1)(v), (b)(3). Honeydew melon .. Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(1)(v), (b)(3). 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 § 319.56–5. 3 Also eligible for importation in accordance with the provisions listed in § 319.56–47.

(b) Additional restrictions for appli- (ii) The commodity must be from an cable fruits and vegetables as specified area that meets the requirements of in paragraph (a) of this section. § 319.56–5 for freedom from the Medi- (1) Pest-free areas. terranean fruit fly (Medfly), and must (i) The commodity must be from an meet applicable requirements of area that meets the requirements of § 319.56–5. Fruit from outside Medfly- § 319.56–5 for freedom from the Medi- free areas must be treated in accord- ance with part 305 of this chapter. terranean fruit fly (Medfly), and must (iii) The commodity must be from an meet applicable requirements of area that meets the requirements of § 319.56–5. § 319.56–5 for freedom from fruit flies,

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and must meet applicable requirements (3) Commercial consignments only. of § 319.56–5. (4) Stage of development. (iv) The commodity must be from an (i) The bananas must be green at the area that meets the requirements of time of export. Inspectors at the port § 319.56–5 for freedom from fruit flies, of arrival will determine that the ba- and must meet applicable requirements nanas were green at the time of export of § 319.56–5. The phytosanitary certifi- if: cate must also include an additional (A) Bananas shipped by air are still declaration stating: ‘‘Upon inspection, green upon arrival in the United these articles were found free of States; and Dysmicoccus neobrevipes and Planococcus (B) Bananas shipped by sea are either minor.’’ still green upon arrival in the United (v) The commodity must be from an States or yellow but firm. area that meets the requirements of (ii) The tomatoes must be green upon § 319.56–5 for freedom from the South arrival in the United States. Pink or American cucurbit fly, and must meet red fruit may only be imported in ac- applicable requirements of § 319.56–5. cordance with other provisions of (2) Restricted importation and distribu- § 319.56–13 or § 319.56–28 of this subpart. tion. (iii) No green may be visible on the (i) Prohibited entry into Puerto Rico, shoot. U.S. Virgin Islands, Hawaii, and Guam. (5) Other conditions. Cartons in which commodity is packed (i) Entry permitted only from Sep- must be stamped ‘‘Not for importation tember 15 to May 31, inclusive, to pre- into or distribution within PR, VI, HI, vent the introduction of a complex of or Guam.’’ exotic pests including, but not limited (ii) Prohibited entry into Puerto to a thrips (Haplothrips chinensis) and a Rico, U.S. Virgin Islands, and Guam. leafroller (Capua tortrix). Cartons in which commodity is packed (ii) Must be accompanied by a must be stamped ‘‘Not for importation phytosanitary certificate issued by the into or distribution within PR, VI, or national plant protection organization Guam.’’ of the country of origin with an addi- (iii) Prohibited entry into Hawaii. tional declaration stating that the Cartons in which commodity is packed fruit is free from Coccus moestus, C. must be stamped ‘‘Not for importation viridis, Dysmicoccus neobrevipes, into or distribution within HI.’’ Planococcus lilacinus, P. minor, and (iv) Prohibited entry into Guam. Car- Psedococcus landoi; and all damaged tons in which commodity is packed fruit was removed from the consign- must be stamped ‘‘Not for importation ment prior to export under the super- into or distribution within Guam.’’ vision of the national plant protection (v) Prohibited entry into Florida. organization. Cartons in which commodity is packed (iii) Must be accompanied by a must be stamped ‘‘Not for importation phytosanitary certificate issued by the into or distribution within FL.’’ national plant protection organization (vi) Prohibited entry into Hawaii. of the country of origin with an addi- (vii) Prohibited entry into Puerto tional declaration stating that the Rico, U.S. Virgin Islands, and Hawaii. fruit is free from Planococcus minor. (viii) Prohibited entry into Alaska. (iv) Must be accompanied by a (ix) Prohibited entry into Florida. phytosanitary certificate issued by the (x) Allowed importation into Hawaii national plant protection organization only. of the country of origin with an addi- (xi) Allowed importation into Guam tional declaration stating that the and Commonwealth of the Northern fruit is of the Malayan dwarf variety or Mariana Islands only. Maypan variety (=F1 hybrid, Malayan (xii) Prohibited entry into Puerto Dwarf × Panama Tall) (which are re- Rico, Virgin Islands, Northern Mariana sistant to lethal yellowing disease) Islands, Hawaii, and Guam. Cartons in based on verification of the parent which commodity is packed must be stock. stamped ‘‘For distribution in the conti- (v) Must be accompanied by a nental United States only.’’ phytosanitary certificate issued by the

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national plant protection organization (xii) Must be accompanied by a of the country of origin with an addi- phytosanitary certificate issued by the tional declaration stating that the national plant protection organization commodity is free of living stages of of the exporting country that includes Brachycerus spp. and Dyspessa ulula a declaration certifying that the prod- (Bkh.), based on field inspection and ucts were grown in a greenhouse in the 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 in accordance cent smooth Cayenne by lineage are with part 305 of this chapter are au- admissible. The importer or the im- thorized. The consignment must be ac- porter’s agent must provide the inspec- companied by a PPQ Form 203 signed tor with documentation that estab- by the APHIS inspector on site in the lishes the variety’s lineage. This docu- 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- companied by a phytosanitary certifi- were grown in registered greenhouses cate which declares that the melons in the Arava Valley of Israel.’’ were grown in approved areas in the (xv) Must be treated in accordance Arava Valley or the Kadesh–Barnea with part 305 of this chapter. 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, and Gaza Strip; otherwise must be ac- Coscinoptycha improbana, Ctenopseustis companied by a phytosanitary certifi- obliquana, Epiphyas postvittana, cate which declares that only tomato Pezothrips kellyanus, and Planotortrix varieties 111, 121, 124, 139, and 144 are excessana; must undergo a port of entry included in the consignment and the inspection with a biometric sampling tomatoes were packed into fruit-fly- of 100 percent of 30 boxes selected ran- proof containers within 24 hours after domly from each consignment; and the harvesting. randomly selected boxes must be exam- (ix) Except for sand pears entering ined for hitchhiking pests. Hawaii, only precleared consignments (xvii) Must be accompanied by a are authorized. The consignment must phytosanitary certificate issued by the be accompanied by a PPQ Form 203 national plant protection organization signed by the APHIS inspector on site of the exporting country of origin with in the exporting country. an additional declaration stating that (x) Must be accompanied by a the fruit is free of Conogethes phytosanitary certificate issued by the punctiferalis, Cryptophlebia ombrodelta, national plant protection organization and Rhipiphorothrips cruentatus. of the exporting country that includes a declaration certifying that the prod- (Approved by the Office of Management and ucts were grown and packed in the ex- Budget under control numbers 0579–0049, porting country. 0579–0236, 0579–0264, 0579–0316, and 0579–0351) (xi) Must be accompanied by a [24 FR 10788, Dec. 29, 1959, as amended at 72 phytosanitary certificate issued by the FR 48547, Aug. 24, 2007; 73 FR 10972, Feb. 29, national plant protection organization 2008; 74 FR 23611, May 20, 2009; 74 FR 56525, of the exporting country that includes Nov. 2, 2009; 75 FR 4252, Jan. 26, 2010] a declaration certifying that the prod- ucts were grown in a greenhouse in the exporting country.

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§§ 319.56–14—319.56–19 [Reserved] cordance with this section and all other applicable provisions of this sub- § 319.56–20 Apples and pears from Aus- part. tralia (including Tasmania) and (a) Importations into pink bollworm New Zealand. generally infested or suppressive areas in Apples and pears from Australia (in- the United States. Okra may be im- cluding Tasmania) and New Zealand ported into areas defined in § 301.52–2a may be imported only in accordance as pink bollworm generally infested or with this section and all other applica- suppressive areas, provided the okra is ble provisions of this subpart. imported in accordance with the re- (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 Queensland 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 part treatment for the following fruit flies 305 of this chapter. if they are imported from an area in (c) Importations into areas north of the Australia that meets the requirements 38th parallel. Okra may be imported of § 319.56–5 for pest freedom: Medi- into Alaska, Colorado, Connecticut, terranean fruit fly (Ceratitis capitata), Delaware, Hawaii, Idaho, Indiana, the Queensland fruit fly (Dacus tryoni), Iowa, Kansas, Maine, Maryland, Massa- Bactrocera jarvisi, and B. neohumeralis. chusetts, Michigan, Minnesota, Mon- (3) Apples and pears from Australia tana, Nebraska, New Hampshire, New that do not originate from an area that Jersey, New York, North Dakota, Ohio, is free of fruit flies must be treated for Oregon, Pennsylvania, Rhode Island, such pests in accordance with part 305 South Dakota, Utah, Vermont, Wash- of this chapter. If an authorized treat- ington, West Virginia, Wisconsin, Wyo- ment does not exist for a specific fruit ming, the District of Columbia, or the fly, the importation of such apples and U.S. Virgin Islands, or any part of Illi- pears is prohibited. nois, Kentucky, Missouri, or Virginia, north of the 38th parallel, subject to § 319.56–21 Okra from certain coun- the requirements of § 319.56–3. tries. (d) Importations into areas of California Okra from Brazil, Colombia, Ecuador, that are not pink bollworm generally in- Guyana, Mexico, Peru, Suriname, Ven- fested or suppressive areas. (1) During ezuela, and the West Indies may be im- January 1 through March 15, inclusive, ported into the United States in ac- okra may be imported into California

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subject to the requirements of § 319.56– chard will be treated for that pest with 3. a pesticide approved by the APHIS, in (2) During March 16 through Decem- accordance with label directions and ber 31, inclusive, okra may be imported under the direction of the plant protec- into California if it is treated for the tion organization. If the officials deter- pink bollworm in accordance with part mine that the treatment program has 305 of this chapter. not been applied as required or is not (e) Imports from Andros Island of the controlling the plant pest in the or- Bahamas. Okra produced on Andros Is- chard, they must reject any fruit har- land, Commonwealth of the Bahamas, vested from that orchard during that may be imported into the United growing season for shipment to the States in accordance with § 319.56–3. United States. [72 FR 39501, July 18, 2007, as amended at 75 (2) The apples or pears must be iden- FR 4252, Jan. 26, 2010] tified to the orchard from which they are harvested (the producing orchard) § 319.56–22 Apples and pears from cer- until the fruit arrives in the United tain countries in Europe. States. (a) Importations allowed. The fol- (3) The apples or pears must be proc- lowing fruits may be imported into the essed and inspected in approved pack- United States in accordance with this ing sheds as follows: section and all other applicable provi- (i) Upon arrival at the packing shed, sions of this subpart: the apples or pears must be inspected (1) Apples from Belgium, Denmark, for insect pests as follows: For each France, Germany, Great Britain, Italy, grower lot (all fruit delivered for proc- the Netherlands, Northern Ireland, essing from a single orchard at a given Norway, Portugal, the Republic of Ire- time), packing shed technicians must land, Spain, Sweden, and Switzerland; examine all fruit in one carton on (2) Pears from Belgium, France, every third pallet (there are approxi- Great Britain, Italy, the Netherlands, mately 42 cartons to a pallet), or at Portugal, and Spain. least 80 apples or pears in every third (b) Trust fund agreement. Except as bin (if the fruit is not in cartons on provided in paragraph (h) of this sec- pallets). If they find any live larva or tion, the apples or pears may be im- pupa of Leucoptera malifoliella, they ported only if the national plant pro- must reject the entire grower lot for tection organization (NPPO) of the ex- shipment to the United States, and the porting country has entered into a NPPO must reject for shipment any ad- trust fund agreement with APHIS in ditional fruit from the producing or- accordance with § 319.56–6. chard for the remainder of the shipping (c) Responsibilities of the exporting season. country. The apples or pears may be im- (ii) The apples or pears must be sort- ported in any single shipping season ed, sized, packed, and otherwise han- only if all of the following conditions dled in the packing sheds on grading are met: and packing lines used solely for fruit (1) Officials of the NPPO must survey intended for shipment to the United each orchard producing apples or pears States, or, if on grading and packing for shipment to the United States at lines used previously for other fruit, least twice between spring blossoming only after the lines have been washed and harvest. If the officials find any with water. leaf miners that suggest the presence (iii) During packing operations, ap- of Leucoptera malifoliella in an or- ples and pears must be inspected for in- chard, the officials must reject any sect pests as follows: All fruit in each fruit harvested from that orchard dur- grower lot must be inspected at each of ing that growing season for shipment two inspection stations on the packing to the United States. If the officials line by packing shed technicians. In ad- find evidence in an orchard of any dition, one carton from every pallet in other plant pest referred to in para- each grower lot must be inspected by graph (g) of this section, they must en- officials of the plant protection serv- sure that the orchard and all other or- ice. If the inspections reveal any live chards within 1 kilometer of that or- larva or pupa of Leucoptera malifoliella,

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the entire grower lot must be rejected (1) Inspectors will examine, fruit by for shipment to the United States, and fruit, a biometrically designed statis- the plant protection service must re- tical sample of 300 cartons drawn from ject for shipment any additional fruit each inspection unit. from the producing orchard for the re- (i) If inspectors find any live larva or mainder of that shipping season. If the pupa of Leucoptera malifoliella, they will inspections reveal any other insect reject the entire inspection unit for pest referred to in paragraph (g) of this shipment to the United States. The in- section, and a treatment authorized in spectors also will reject for shipment part 305 of this chapter is available, the any additional fruit from the producing fruit will remain eligible for shipment orchard for the remainder of the ship- to the United States if the entire grow- ping season. However, other orchards er lot is treated for the pest under the represented in the rejected inspection supervision of an inspector. However, if unit will not be affected for the re- the entire grower lot is not treated in mainder of the shipping season because this manner, or if a plant pest is found of that rejection. Additionally, if in- for which no treatment authorized in spectors reject any three inspection part 305 of this chapter is available, the units in a single shipping season be- entire grower lot will be rejected for cause of Leucoptera malifoliella on fruit shipment to the United States. processed by a single packing shed, no (4) Apples or pears that pass inspec- additional fruit from that packing shed tion at approved packing sheds must be will be accepted for shipment to the presented to an inspector for United States for the remainder of that preclearance inspection as prescribed shipping season. in paragraph (d) of this section or for (ii) If the inspectors find evidence of inspection in the United States as pre- any other plant pest referred to in scribed in paragraph (h) of this section. paragraph (g) of this section, and a treatment authorized in part 305 of this (5) Apples and pears presented for chapter is available, fruit in the in- preclearance inspection must be identi- spection unit will remain eligible for fied with the packing shed where they shipment to the United States if the were processed, as well as with the pro- entire inspection unit is treated for the ducing orchard, and this identity must pest under the supervision of an inspec- be maintained until the apples or pears tor. However, if the entire inspection arrive in the United States. unit is not treated in this manner, or if (6) Facilities for the preclearance in- a plant pest is found for which no spections prescribed in paragraph (d) of treatment authorized in part 305 of this this section must be provided in the ex- chapter is available, the inspectors will porting country at a site acceptable to reject the entire inspection unit for APHIS. shipment to the United States. Rejec- (7) Any apples or pears rejected for tion of an inspection unit because of shipment into the United States may pests other than Leucoptera malifoliella not, under any circumstance, be pre- will not be cause for rejecting addi- sented again for shipment to the tional fruit from an orchard or packing United States. shed. (d) Preclearance inspection. (iii) Apples and pears precleared for Preclearance inspection will be con- shipment to the United States as pre- ducted in the exporting country by an scribed in this paragraph will not be in- inspector. Preclearance inspection will spected again in the United States (ex- be conducted for a minimum of 6,000 cept as necessary to ensure that the cartons of apples or pears, which may fruit has been precleared) unless the represent multiple grower lots from preclearance program with the export- different packing sheds. The cartons ing country is terminated in accord- examined during any given ance with paragraph (e) of this section. preclearance inspection will be known If the preclearance program is termi- as an inspection unit. Apples or pears nated with any country, precleared in any inspection unit may be shipped fruit in transit to the United States at to the United States only if the inspec- the time of termination will be spot- tion unit passes inspection as follows: checked by inspectors upon arrival in

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the United States for evidence of plant (vi) Five inspection units in sequence pests referred to in paragraph (g) of among inspection units 101–120, or a this section. If any live larva or pupa of total of 18 or more of the inspection Leucoptera malifoliella is found in any units 1–120. carton of fruit, inspectors will reject (vii) Sequence can be continued in in- that carton and all other cartons in crements of 20 inspection units by in- that consignment that are from the creasing the number of rejected inspec- same producing orchard. In addition, tion units by 2. the remaining cartons of fruit in that (2) Termination because of findings consignment will be reinspected as an of other plant pests. The preclearance inspection unit in accordance with the program will be terminated with a preclearance procedures prescribed in country when, in one shipping season, paragraph (d) of this section. inspection units are rejected because of (2) [Reserved] other insect pests as follows: (e) Termination of preclearance pro- (i) Ten or more of the inspection grams. The Administrator may termi- units 1–20; nate the preclearance program in a (ii) Fifteen or more of the inspection country if he or she determines that units 1–40; any of the conditions specified in para- (iii) Twenty or more of the inspection graph (c) of this section are not met or units 1–60; because of pests found during (iv) Twenty-five or more of the in- preclearance inspections. Termination spection units 1–80; of the preclearance program will stop (v) Thirty or more of the inspection consignments of apples or pears from units 1–100; or that country for the remainder of that (vi) Thirty-five or more of the inspec- shipping season. Termination of the tion units 1–120. preclearance program for findings of (vii) Sequence can be continued in in- Leucoptera malifoliella in preclearance crements of 20 inspection units by in- inspections in any country will be creasing the number of rejected inspec- based on rates of rejection of inspec- tion units by 5. tion units as follows: (f) Cold treatment. In addition to all (1) Termination because of findings other requirements of this section, ap- of Leucoptera malifoliella. The ples or pears may be imported into the preclearance program will be termi- United States from France, Italy, Por- nated with a country when, in one ship- tugal, or Spain only if the fruit is cold ping season, inspection units are re- treated for the Mediterranean fruit fly jected because of Leucoptera malifoliella in accordance with part 305 of this as follows: chapter. (i) Five inspection units in sequence (g) Plant pests; authorized treatments. among inspection units 1–20, or a total (1) Apples from Belgium, Denmark, of 8 or more of the inspection units 1– France, Great Britain, Italy, the Neth- 20; erlands, Northern Ireland, Norway, (ii) Five inspection units in sequence Portugal, the Republic of Ireland, among inspection units 21–40, or a total Spain, Sweden, Switzerland, and Ger- of 10 or more of the inspection units 1– many; and pears from Belgium, France, 40; Great Britain, Italy, the Netherlands, (iii) Five inspection units in sequence Portugal, and Spain may be imported among inspection units 41–60, or a total into the United States only if they are of 12 or more of the inspection units 1– found free of the following pests or, if 60; an authorized treatment is available, (iv) Five inspection units in sequence they are treated for: The pear leaf blis- among inspection units 61–80, or a total ter moth (Leucoptera malifoliella (O.G. of 14 or more of the inspection units 1– Costa) (Lyonetiidae)), the plum fruit 80; moth (Cydia funebrana (Treitschke) (v) Five inspection units in sequence (Tortricidae)), the summer fruit tortrix among inspection units 81–100, or a moth (Adoxophyes orana (Fischer von total of 16 or more of the inspection Rosslertamm) (Tortricidae)), a leaf units 1–100; roller (Argyrotaenia pulchellana

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(Haworth) (Tortricidae)), and other in- plums may be imported under the regu- sect pests that do not exist in the lations in this section only if the na- United States or that are not wide- tional plant protection organization of spread in the United States. Chile (Servicio Agricola y Ganadero, (2) Treatments must be conducted in referred to in this section as SAG) or a accordance with part 305 of this chap- private export group has entered into a ter. trust fund agreement with APHIS in (h) Inspection in the United States. accordance with § 319.56–6. Notwithstanding provisions to the con- (c) Responsibilities of Servicio Agricola trary in paragraphs (c) and (d) of this y Ganadero. SAG will ensure that: section, the Administrator may allow (1) Apricots, nectarines, peaches, apples or pears imported under this plumcot, or plums are presented to in- section to be inspected at a port of ar- spectors for preclearance in their ship- rival in the United States, in lieu of a ping containers at the shipping site as preclearance inspection, under the fol- prescribed in paragraph (d) of this sec- lowing conditions: tion. (1) The Administrator has deter- (2) Apricots, nectarines, peaches, mined that inspection can be accom- plumcot, and plums presented for in- plished at the port of arrival without spection are identified in shipping doc- increasing the risk of introducing in- uments accompanying each load of sect pests into the United States; fruit that identify the packing shed (2) Each pallet of apples or pears where they were processed and the or- must be completely enclosed in plastic, chards where they were produced; and to prevent the escape of insects, before this identity is maintained until the it is offloaded at the port of arrival; apricots, nectarines, peaches, plumcot, (3) The entire consignment of apples or plums are released for entry into the or pears must be offloaded and moved United States. to an enclosed warehouse, where ade- (3) Facilities for the inspections pre- quate inspection facilities are avail- scribed in paragraph (d) of this section able, under the supervision of an in- are provided in Chile at an inspection spector. site acceptable to APHIS. (4) The Administrator must deter- (d) Preclearance inspection. mine that a sufficient number of in- Preclearance inspection will be con- spectors are available at the port of ar- ducted in Chile under the direction of rival to perform the services required. inspectors. An inspection unit will con- (5) The method of inspection will be sist of a lot or consignment from which the same as prescribed in paragraph (d) a statistical sample is drawn and exam- of this section for preclearance inspec- ined. An inspection unit may represent tions. multiple grower lots from different [72 FR 39501, July 18, 2007, as amended at 75 packing sheds. Apricots, nectarines, FR 4252, Jan. 26, 2010] peaches, plumcot, or plums in any in- spection unit may be shipped to the § 319.56–23 Apricots, nectarines, United Sates only if the inspection peaches, plumcot, and plums from Chile. unit passes inspection as follows: (1) Inspectors will examine the con- (a) Importations allowed. Apricots, tents of the cartons based on a biomet- nectarines, peaches, plumcot, and ric sampling scheme established for plums may be imported into the United each inspection unit. States from Chile in accordance with (i) If the inspectors find evidence of this section and all other applicable 3 any plant pest for which a treatment provisions of this subpart. authorized in part 305 of this chapter is (b) Trust fund agreement. Apricots, available, fruit in the inspection unit nectarines, peaches, plumcot, and will remain eligible for shipment to the United States if the entire inspection 3 As provided in § 319.56–4, apricots, nec- unit is treated for the pest in Chile. tarines, peaches, plumcot, and plums from Chile may also be imported if treated in ac- However, if the entire inspection unit cordance with part 305 of this chapter and is not treated in this manner, or if a subject to other applicable regulations in plant pest is found for which no treat- this subpart. ment authorized in part 305 of this

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chapter is available, the entire inspec- (g) Inspection in the United States. tion unit will not be eligible for ship- Notwithstanding provisions to the con- ment to the United States. trary in paragraphs (c) and (d) of this (ii) Apricots, nectarines, peaches, section, the Administrator may, in plumcot, and plums precleared for emergency or extraordinary situations, shipment to the United States as pre- allow apricots, nectarines, peaches, scribed in this paragraph will not be in- plumcot, or plums imported under this spected again in the United States ex- section to be inspected at a port of ar- cept as necessary to ensure that the rival in the United States, in lieu of a fruit has been precleared and for occa- preclearance inspection or fumigation sional monitoring purposes. in Chile, under the following condi- (2) [Reserved] tions: (e) Termination of preclearance pro- (1) The Administrator is satisfied grams. Consignments of apricots, nec- that a unique situation exists which tarines, peaches, plumcot, and plums justifies a limited exception to manda- will be individually evaluated regard- tory preclearance; ing the rates of infestation of inspec- (2) The Administrator has deter- tion units of these articles presented mined that inspection and/or treat- for preclearance. The inspection pro- ment can be accomplished at the in- gram for an article will be terminated tended port of arrival without increas- when inspections establish that the ing the risk of introducing quarantine rate of infestation of inspection units pests into the United States; of the article by pests listed in para- (3) The entire consignment of apri- graph (f) of this section exceeds 20 per- cots, nectarines, peaches, plumcot, or cent calculated on any consecutive 14 plums must be offloaded and moved to days of actual inspections (not count- an enclosed warehouse, where inspec- ing days on which inspections are not tion and treatment facilities are avail- conducted). Termination of the inspec- able. tion program for an article will require (4) The Administrator must deter- mandatory treatment in Chile, prior to mine that a sufficient number of in- shipment to the United States, of con- spectors are available at the port of ar- signments of the article for the re- rival to perform the services required. mainder of that shipping season. If a (5) The method of sampling and in- preclearance inspection program is ter- spection will be the same as prescribed minated with Chile, precleared fruit in in paragraph (d) of this section for transit to the United States at the preclearance inspections. time of termination will be spot- checked by inspectors upon arrival in [72 FR 39501, July 18, 2007, as amended at 75 the United States for evidence of plant FR 4252, Jan. 26, 2010] pests referred to in paragraph (f) of this section. § 319.56–24 Lettuce and peppers from Israel. (f) Plant pests; authorized treatments. (1) Apricots, nectarines, peaches, (a) Lettuce may be imported into the plumcot, or plums from Chile may be United States from Israel without fu- imported into the United States only if migation for leafminers, thrips, and they are found free of the following Sminthuris viridis only in accordance pests or, if an authorized treatment is with this section and all other applica- available, they are treated for: Proeulia ble provisions of this subpart. spp., Leptoglossus chilensis, Megalometis (1) Growing conditions. (i) The lettuce chilensis, Naupactus xanthographus, must be grown in insect-proof houses Listroderes subcinctus, and Conoderus covered with 50 mesh screens, double rufangulus, and other insect pests that self-closing doors, and hard walks (no the Administrator has determined do soil) between the beds; not exist, or are not widespread, in the (ii) The lettuce must be grown in United States. growing media that has been sterilized (2) Treatments must be conducted in by steam or chemical means; accordance with part 305 of this chap- (iii) The lettuce must be inspected ter. during its active growth phase and the

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inspection must be monitored by a rep- able to APHIS are taken to prevent resentative of the Israeli national further occurrences. plant protection organization; (5) Signs in English and Hebrew shall (iv) The crop must be protected with be posted along Arava Highway 90 stat- sticky traps and prophylactic sprays ing that it is prohibited to throw out/ approved for the crop by Israel; discard fruits and vegetables from pass- (v) The lettuce must be moved to an ing vehicles. insect-proof packinghouse at night in (6) Sorting and packing of peppers plastic containers covered by 50 mesh shall be done in the insect-proof screens; screenhouses in the Arava Valley. (vi) The lettuce must be packed in an (7) Prior to movement from approved insect-proof packinghouse, individually insect-proof screenhouses in the Arava packed in transparent plastic bags, Valley, the peppers must be packed in packed in cartons, placed on pallets, either individual insect-proof cartons and then covered with shrink wrap- or in non-insect-proof cartons that are ping; and covered by insect-proof mesh or plastic (vii) The lettuce must be transported tarpaulins; covered non-insect-proof to the airport in a closed refrigerated cartons must be placed in shipping con- truck for shipment to the United tainers. States. (8) The packaging safeguards re- (2) Each consignment of lettuce must quired by paragraph (b)(7) of this sec- be accompanied by a phytosanitary tion must remain intact at all times certificate issued by the Israeli na- during the movement of the peppers to tional plant protection organization the United States and must be intact stating that the conditions of para- upon arrival of the peppers in the graph (a)(1) of this section have been United States. met. (9) Each consignment of peppers must (b) Peppers (fruit) (Capsicum spp.) be accompanied by a phytosanitary from Israel may be imported into the certificate issued by the Israeli na- United States only under the following tional plant protection organization conditions: stating that the conditions of para- (1) The peppers have been grown in graphs (b)(1) through (b)(7) of this sec- the Arava Valley by growers registered tion have been met. with the Israeli Department of Plant (Approved by the Office of Management and Protection and Inspection (DPPI). Budget under control number 0579–0210) (2) Malathion bait sprays shall be ap- plied in the residential areas of the § 319.56–25 Papayas from Central Arava Valley at 6–to 10–day intervals America and South America. beginning not less than 30 days before Commercial consignments of the the harvest of backyard host material Solo type of papaya may be imported in residential areas and shall continue into the United States only in accord- through harvest. ance with this section and all other ap- (3) The peppers have been grown in plicable provisions of this subpart. insect-proof plastic screenhouses ap- (a) The papayas were grown and proved by the DPPI and APHIS. Houses packed for shipment to the continental shall be examined periodically by DPPI United States (including Alaska), Puer- or APHIS personnel for tears in either to Rico, and the U.S. Virgin Islands in plastic or screening. one of the following locations: (4) Trapping for Mediterranean fruit (1) Brazil: State of Espirito Santo; all fly (Medfly) shall be conducted by areas in the State of Bahia that are be- DPPI throughout the year in the agri- tween the Jequitinhonha River and the cultural region along Arava Highway border with the State of Espirito Santo 90 and in the residential area of Paran. and all areas in the State of Rio The capture of a single Medfly in a Grande del Norte that contain the fol- screenhouse will immediately cancel lowing municipalities: Touros, Pureza, export from that house until the source Rio do Fogo, Barra de Maxaranguape, of the infestation is delimited, trap Taipu, Ceara Mirim, Extremoz, Ielmon density is increased, pesticide sprays Marinho, Sao Goncalo do Amarante, are applied, or other measures accept- Natal, Maciaba, Parnamirim, Veracruz,

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Sao Jose de Mipibu, Nizia Floresta, (g) Beginning at least 1 year before Monte Aletre, Areas, Senador Georgino harvest begins and continuing through Avelino, Espirito Santo, Goianinha, the completion of harvest, fruit fly Tibau do Sul, Vila Flor, and traps were maintained in the field Canguaretama e Baia Formosa. where the papayas were grown. The (2) Costa Rica: Provinces of traps were placed at a rate of 1 trap per Guanacaste, Puntarenas, San Jose. hectare and were checked for fruit flies (3) El Salvador: Departments of La at least once weekly by plant health Libertad, La Paz, and San Vicente. officials of the NPPO. Fifty percent of (4) Guatemala: Departments of the traps were of the McPhail type and Escuintla, Retalhuleu, Santa Rosa, and 50 percent of the traps were of the Suchitepe´quez. Jackson type. The NPPO kept records (5) Honduras: Departments of of fruit fly finds for each trap, updated Comayagua, Corte´s, and Santa the records each time the traps were Ba´ rbara. checked, and made the records avail- (6) Nicaragua: Departments of Carazo, able to APHIS inspectors upon request. Granada, Leon, Managua, Masaya, and The records were maintained for at Rivas. least 1 year. (7) Panama: Provinces of Cocle, Her- (1) If the average Jackson fruit fly rera, and Los Santos; Districts of trap catch was greater than seven Med- Aleanje, David, and Dolega in the Prov- iterranean fruit flies (Ceratitis capitata) ince of Chiriqui; and all areas in the (Medfly) per trap per week, measures Province of Panama that are west of were taken to control the Medfly popu- the Panama Canal; or lation in the production area. If the av- (b) The papayas were grown by a erage Jackson fruit fly trap catch ex- grower registered with the national ceeds 14 Medflies per trap per week, im- plant protection organization (NPPO) portations of papayas from that pro- of the exporting country and packed for shipment to the continental United duction area must be halted until the States (including Alaska) in Colombia, rate of capture drops to an average of Ecuador, or Peru. 7 or fewer Medflies per trap per week. (c) Beginning at least 30 days before (2) In Colombia, Ecuador, Peru, or harvest began and continuing through the State of Espirito Santo, Brazil, if the completion of harvest, all trees in the average McPhail trap catch was the field where the papayas were grown greater than seven South American were kept free of papayas that were fruit flies (Anastrepha fraterculus) per one-half or more ripe (more than one- trap per week, measures were taken to fourth of the shell surface yellow), and control the South American fruit fly all culled and fallen fruits were buried, population in the production area. If destroyed, or removed from the farm at the average McPhail fruit fly trap least twice a week. catch exceeds 14 South American fruit (d) The papayas were held for 20 min- flies per trap per week, importations of utes in hot water at 48 °C (118.4 °F). papayas from that production area (e) When packed, the papayas were must be halted until the rate of cap- less than one-half ripe (the shell sur- ture drops to an average of 7 or fewer face was no more than one-fourth yel- South American fruit flies per trap per low, surrounded by light green), and week. appeared to be free of all injurious in- (h) All activities described in para- sect pests. graphs (a) through (g) of this section (f) The papayas were safeguarded were carried out under the supervision from exposure to fruit flies from har- and direction of plant health officials vest to export, including being pack- of the NPPO. aged so as to prevent access by fruit (i) All consignments must be accom- flies and other injurious insect pests. panied by a phytosanitary certificate The package containing the papayas issued by the NPPO of the exporting does not contain any other fruit, in- cluding papayas not qualified for im- country stating that the papayas were portation into the United States.

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grown, packed, and shipped in accord- American Samoa, Arizona, California, ance with the provisions of this sec- Florida, Georgia, Guam, Hawaii, Lou- tion. isiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas, and the (Approved by the Office of Management and Budget under control numbers 0579–0128, U.S. Virgin Islands. The boxes in which 0579–0358, and 0579–0410) the cantaloupe or watermelon is packed must be stamped with the name [75 FR 22210, Apr. 28, 2010, as amended at 80 of the commodity followed by the FR 22886, Apr. 24, 2015] words ‘‘Not to be distributed in the fol- § 319.56–26 Melon and watermelon lowing States or territories: AL, AS, from certain countries in South AZ, CA, FL, GA, GU, HI, LA, MS, NM, America. PR, SC, TX, VI’’. (a) Cantaloupe and watermelon from (b) Cantaloupe, netted melon, vegetable Ecuador. Cantaloupe (Cucumis melo) and melon, winter melon, and watermelon watermelon (fruit) (Citrullus lanatus) from Peru. Cantaloupe, netted melon, may be imported into the United vegetable melon, and winter melon States from Ecuador only in accord- (Cucumis melo L. subsp. melo) and wa- ance with this paragraph and all other termelon may be imported into the applicable provisions of this subpart: United States from Peru only in ac- (1) The cantaloupe or watermelon cordance with this paragraph and all may be imported in commercial con- other applicable requirements of this signments only. subpart: (2) The cantaloupe or watermelon (1) The fruit may be imported in com- must have been grown in an area where mercial consignments only. trapping for the South American (2) The fruit must have been grown in cucurbit fly (Anastrepha grandis) has an area of Peru considered by APHIS been conducted for at least the pre- to be free of the South American vious 12 months by the national plant cucurbit fly, must be accompanied by a protection organization (NPPO) of Ec- phytosanitary certificate declaring its uador, under the direction of APHIS, origin in such an area, and must be with no findings of the pest. 4 safeguarded and labeled, each in ac- (3) The following area meets the re- cordance with § 319.56–5 of this subpart. quirements of paragraph (a)(2) of this (3) The phytosanitary certificate re- section: The area within 5 kilometers quired under § 319.56–5 must also in- of either side of the following roads: clude a declaration by the NPPO of (i) Beginning in Guayaquil, the road Peru indicating that, upon inspection, north through Nobol, Palestina, and the fruit was found free of the gray Balzar to Velasco-Ibarra (Empalme); pineapple mealybug (Dysmicoccus (ii) Beginning in Guayaquil, the road neobrevipes). south through E1 26, Puerto Inca, (4) All consignments of fruit must be Naranjal, and Camilo Ponce to labeled in accordance with § 319.56(5(e) Enriquez; of this subpart, and the boxes in which (iii) Beginning in Guayaquil, the road the fruit is packed must be labeled east through Palestina to Vinces; ‘‘Not for distribution in HI, PR, VI, or (iv) Beginning in Guayaquil, the road Guam.’’ west through Piedrahita (Novol) to Pedro Carbo; or (Approved by the Office of Management and Budget under control number 0579–0236) (v) Beginning in Guayaquil, the road west through Progreso, Engunga, § 319.56–27 Apples from Japan and the Tugaduaja, and Zapotal to El Azucar. Republic of Korea. (4) The cantaloupe or watermelon may not be moved into Alabama, Any variety of Malus domestica apples may be imported into the United States from Japan, and Fuji variety 4 Information on the trapping program may apples may be imported into the be obtained by writing to the Animal and Plant Health Inspection Service, Inter- United States from the Republic of national Services, Stop 3432, 1400 Independ- Korea, only in accordance with this ence Avenue, SW., Washington, DC 20250– section and all other applicable provi- 3432. sions of this subpart.

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(a) Treatment and fumigation. The ap- Province of Spain in greenhouses reg- ples must be cold treated and then fu- istered with, and inspected by, the migated, under the supervision of an Spanish Ministry of Agriculture, Fish- APHIS inspector, either in Japan or eries, and Food (MAFF); the Republic of Korea, for the peach (2) The tomatoes may be shipped only fruit moth (Carposina niponensis), the from December 1 through April 30, in- yellow peach moth (Conogethes clusive; punctiferalis), and the fruit tree spider (3) Two months prior to shipping, and mite (Tetranychus viennensis), in ac- continuing through April 30, MAFF cordance with part 305 of this chapter. must set and maintain Mediterranean (b) APHIS inspection. The apples must fruit fly (Medfly) traps baited with be inspected upon completion of the trimedlure inside the greenhouses at a treatments required by paragraph (a) rate of four traps per hectare. In all of this section, prior to export from areas outside the greenhouses and Japan or the Republic of Korea, by an within 8 kilometers, including urban APHIS inspector and an inspector from and residential areas, MAFF must the national plant protection organiza- place Medfly traps at a rate of four tion of Japan or the Republic of Korea. traps per square kilometer. All traps The apples shall be subject to further must be checked every 7 days; disinfection in the exporting country if (4) Capture of a single Medfly in a plant pests are found prior to export. registered greenhouse will immediately Imported apples inspected in Japan or result in cancellation of exports from the Republic of Korea are also subject that greenhouse until the source of in- to inspection and disinfection at the festation is determined, the Medfly in- port of first arrival, as provided in festation is eradicated, and measures § 319.56–3. are taken to preclude any future infes- (c) Trust fund agreements. The na- tation. Capture of a single Medfly with- tional plant protection organization of in 2 kilometers of a registered green- the exporting country must enter into house will necessitate increasing trap a trust fund agreement with APHIS in density in order to determine whether accordance with § 319.56–6 before APHIS there is a reproducing population in will provide the services necessary for the area. Capture of two Medflies with- apples to be imported into the United in 2 kilometers of a registered green- States from Japan or the Republic of house and within a 1-month time pe- Korea. riod will result in cancellation of ex- ports from all registered greenhouses [72 FR 39501, July 18, 2007, as amended at 75 FR 65214, Oct. 22, 2010] within 2 kilometers of the find until the source of infestation is determined § 319.56–28 Tomatoes from certain and the Medfly infestation is eradi- countries. cated; (a) Tomatoes (fruit) (Solanum (5) MAFF must maintain records of lycopersicum) from Spain. Pink or red trap placement, checking of traps, and tomatoes may be imported into the any Medfly captures, and must make United States from Spain only in ac- the records available to APHIS upon cordance with this section and all request; other applicable provisions of this sub- (6) The tomatoes must be packed part. 5 within 24 hours of harvest. They must (1) The tomatoes must be grown in be safeguarded from harvest to export the Almeria Province, the Murcia by insect-proof mesh screens or plastic Province, or the municipalities of tarpaulins, including while in transit Albun˜ ol and Carchuna in the Granada to the packinghouse and while await- ing packaging. They must be packed in insect-proof cartons or containers, or 5 The surface area of a pink tomato is more covered by insect-proof mesh or plastic than 30 percent but not more than 60 percent tarpaulins for transit to the airport pink and/or red. The surface area of a red to- mato is more than 60 percent pink and/or and subsequent export to the United red. Green tomatoes from Spain, France, Mo- States. These safeguards must be in- rocco, and Western Sahara may be imported tact upon arrival in the United States; in accordance with §§ 319.56–3 and 319.56–4. and

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(7) MAFF is responsible for export panied by a phytosanitary certificate certification inspection and issuance of issued by SRPV and bearing the dec- phytosanitary certificates. Each con- laration, ‘‘These tomatoes were grown signment of tomatoes must be accom- in registered greenhouses in the Brit- panied by a phytosanitary certificate tany Region of France.’’ issued by MAFF and bearing the dec- (c) Tomatoes (fruit) (Solanum laration, ‘‘These tomatoes were grown lycopersicum) from the provinces of El in registered greenhouses in Almeria Jadida or Safi in Morocco and the prov- Province, the Murcia Province, or the ince of Dahkla in Western Sahara. Pink municipalities of Albun˜ ol and tomatoes may be imported into the Carchuna in the Granada Province in United States from the provinces of El Spain.’’ Jadida or Safi in Morocco and the prov- (b) Tomatoes (fruit) (Solanum ince of Dahkla in Western Sahara only lycopersicum) from France. Pink or red in accordance with this section and tomatoes may be imported into the other applicable provisions of this sub- United States from France only in ac- part. 7 cordance with this section and other (1) The tomatoes must be grown in applicable provisions of this subpart. 6 the provinces of El Jadida or Safi in (1) The tomatoes must be grown in Morocco or in the province of Dahkla the Brittany Region of France in in Western Sahara in insect-proof greenhouses registered with, and in- greenhouses registered with, and in- spected by, the Service de la Protec- spected by, the national plant protec- tion Vegetaux (SRPV); tion organization (NPPO) of Morocco (2) From June 1 through September the national plant protection organiza- 30, SRPV must set and maintain one tion (NPPO) of Morocco ; Medfly trap baited with trimedlure in- (2) The tomatoes may be shipped side and one outside each greenhouse from Morocco and Western Sahara only and must check the traps every 7 days; between December 1 and April 30, in- (3) Capture of a single Medfly inside clusive; or outside a registered greenhouse will (3) Beginning 2 months prior to the immediately result in cancellation of start of the shipping season and con- exports from that greenhouse until the tinuing through the end of the shipping source of the infestation is determined, season, the NPPO of Morocco must set the Medfly infestation is eradicated, and maintain Mediterranean fruit fly and measures are taken to preclude (Medfly) traps baited with trimedlure any future infestation; inside the greenhouses at a rate of four (4) SRPV must maintain records of traps per hectare. In Morocco, traps trap placement, checking of traps, and must also be placed outside registered any Medfly captures, and must make greenhouses within a 2-kilometer ra- them available to APHIS upon request; dius at a rate of four traps per square (5) From June 1 through September kilometer. In Western Sahara, a single 30, the tomatoes must be packed within trap must be placed outside in the im- 24 hours of harvest. They must be safe- mediate proximity of each registered guarded by insect-proof mesh screen or greenhouse. All traps in Morocco and plastic tarpaulin while in transit to the Western Sahara must be checked every packinghouse and while awaiting pack- 7 days; ing. They must be packed in insect- (4) The NPPO of Morocco must main- proof cartons or containers, or covered tain records of trap placement, check- by insect-proof mesh screen or plastic ing of traps, and any Medfly captures, tarpaulin. These safeguards must be in- and make the records available to tact upon arrival in the United States; APHIS upon request. The trapping and records must be maintained for 1 year (6) SRPV is responsible for export for APHIS review; certification inspection and issuance of (5) Capture of a single Medfly in a phytosanitary certificates. Each con- registered greenhouse will immediately signment of tomatoes must be accom- result in cancellation of exports from

6 See footnote 5 to paragraph (a) of this sec- 7 See footnote 5 to paragraph (a) of this sec- tion. tion.

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that greenhouse until the source of the (1) With treatment. (i) The tomatoes infestation is determined, the Medfly must be treated in Chile with methyl infestation has been eradicated, and bromide in accordance with part 305 of measures are taken to preclude any fu- this chapter. The treatment must be ture infestation. Capture of a single conducted in facilities registered with Medfly within 200 meters of a reg- the Servicio Agricola y Ganadero istered greenhouse will necessitate in- (SAG) and with APHIS personnel moni- creasing trap density in order to deter- toring the treatments; mine whether there is a reproducing (ii) The tomatoes must be treated population in the area. Six additional and packed within 24 hours of harvest. traps must be placed within a radius of Once treated, the tomatoes must be 200 meters surrounding the trap where safeguarded by an insect-proof mesh the Medfly was captured. Capture of screen or plastic tarpaulin while in two Medflies within 200 meters of a reg- transit to the packinghouse and await- istered greenhouse and within a 1- ing packing. They must be packed in month time period will necessitate insect-proof cartons or containers, or Malathion bait sprays in the area every insect-proof mesh or plastic tarpaulin 7 to 10 days for 60 days to ensure eradi- under APHIS monitoring for transit to cation; the airport and subsequent export to (6) The tomatoes must be packed the United States. These safeguards within 24 hours of harvest and must be must be intact upon arrival in the pink at the time of packing. They must United States; and (iii) Tomatoes may be imported into be safeguarded by an insect-proof mesh the United States from Chile with screen or plastic tarpaulin while in treatment in accordance with this transit to the packinghouse and while paragraph (d)(1) only if SAG has en- awaiting packing. They must be tered into a trust fund agreement with packed in insect-proof cartons or con- APHIS for that shipping season in ac- tainers, or covered by insect-proof cordance with § 319.56–6. This agree- mesh or plastic tarpaulin for transit to ment requires SAG to pay in advance the airport and export to the United all costs that APHIS estimates it will States. These safeguards must be in- incur in providing the preclearance tact upon arrival in the United States; services prescribed in this section for and that shipping season. (7) The national plant protection or- (2) Systems approach. The tomatoes ganization of Morocco (NPPO) is re- may be imported without fumigation sponsible for export certification in- for Tuta absoluta, Rhagoletis tomatis, spection and issuance of phytosanitary and Mediterranean fruit fly (Medfly, certificates. Each consignment of to- Ceratitis capitata) if they meet the fol- matoes must be accompanied by a lowing conditions: phytosanitary certificate issued by the (i) The tomatoes must be grown in NPPO of Morocco and bearing the dec- approved production sites that are reg- laration, ‘‘These tomatoes were grown istered with SAG. Initial approval of in registered greenhouses in El Jadida the production sites will be completed or Safi Province, Morocco, and were jointly by SAG and APHIS. SAG will pink at the time of packing’’ or ‘‘These visit and inspect the production sites tomatoes were grown in registered monthly, starting 2 months before har- greenhouses in Dahkla Province, West- vest and continuing until the end of ern Sahara and were pink at the time the shipping season. APHIS may mon- of packing.’’ itor the production sites at any time (d) Tomatoes from Chile. Tomatoes during this period. (fruit) (Solanum lycopersicum) from (ii) Tomato production sites must Chile, whether green or at any stage of consist of pest-exclusionary green- ripeness, may be imported into the houses, which must have double self- United States with treatment in ac- closing doors and have all other open- cordance with paragraph (d)(1) of this ings and vents covered with 1.6 mm (or section or if produced in accordance less) screening. with the systems approach described in (iii) The tomatoes must originate paragraph (d)(2) of this section. from an area that has been determined

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by APHIS to be free of Medfly in ac- duction sites in areas where Medfly is cordance with the procedures described known to occur. in § 319.56–5 or an area where Medfly (B) McPhail traps with an approved trapping occurs. Production sites in protein bait must be placed inside a 500 areas where Medfly is known to occur meter buffer zone at a density of 1 trap/ must contain traps for both Medfly and 10 ha surrounding the production site. Rhagoletis tomatis in accordance with At least one of the traps must be near paragraphs (d)(2)(iii) and (d)(2)(iv) of a greenhouse. Traps must be set for at this section. Production sites in all least 2 months before export until the other areas do not require trapping for end of the harvest season and must be Medfly. The trapping protocol for the checked at least every 7 days. In areas detection of Medfly in infested areas is where Medfly trapping is required, as follows: traps located outside of greenhouses (A) McPhail traps with an approved must contain different baits for Medfly protein bait must be used within reg- and Rhagoletis tomatis. There is only istered greenhouses. Traps must be one approved bait for R. tomatis and the placed inside greenhouses at a density bait is not strong enough to lure Med- of 4 traps/10 ha, with a minimum of at fly when used outside greenhouses; least two traps per greenhouse. therefore, separate traps must be used (B) Medfly traps with trimedlure for each type of fruit fly present in the must be placed inside a buffer area 500 area surrounding the greenhouses. meters wide around the registered pro- (C) If within 30 days of harvest a sin- duction site, at a density of 1 trap/10 ha gle Rhagoletis tomatis is captured inside and a minimum of 10 traps. These traps the greenhouse or in a consignment or must be checked at least every 7 days. if two R. tomatis are captured or de- At least one of these traps must be tected in the buffer zone, shipments near a greenhouse. Traps must be set from the production site will be sus- for at least 2 months before export and pended until APHIS and SAG deter- trapping and continue to the end of the mine that risk mitigation is achieved. harvest season. (v) Registered production sites must (C) Medfly prevalence levels in the conduct regular inspections for Tuta surrounding areas must be 0.7 Medflies absoluta throughout the harvest season per trap per week or lower. If levels ex- and find these areas free of T. absoluta ceed this before harvest, the produc- evidence (e.g., eggs or larvae). If within tion site will be prohibited from ship- 30 days of harvest, two T. absoluta are ping under the systems approach. If the captured inside the greenhouse or a levels exceed this after the 2 months single T. absoluta is found inside the prior to harvest, the production site fruit or in a consignment, shipments would be prohibited from shipping from the production site will be sus- under the systems approach until pended until APHIS and SAG deter- APHIS and SAG agree that the pest mine that risk mitigation is achieved. risk has been mitigated. (vi) SAG will ensure that populations (iv) Registered production sites must of Liriomyza huidobrensis inside green- contain traps for Rhagoletis tomatis in houses are well managed by doing in- accordance with the following provi- spections during the monthly visits sions: specifically for L. huidobrensis mines in (A) McPhail traps with an approved the leaves and for visible external protein bait must be used within reg- pupae or adults. If L. huidobrensis is istered greenhouses. Traps must be found to be generally infesting the pro- placed inside greenhouses at a density duction site, shipments from the pro- of 4 traps/10 ha, with a minimum of at duction site will be suspended until least two traps per greenhouse. Traps APHIS and SAG agree that risk miti- inside greenhouses will use the same gation is achieved. bait for Medfly and Rhagoletis tomatis (vii) All traps must be placed at least because the bait used for R. tomatis is 2 months prior to harvest and be main- sufficient for attracting both types of tained throughout the harvest season fruit fly within the confines of a green- and be monitored and serviced weekly. house; therefore, it is unnecessary to (viii) SAG must maintain records of repeat this trapping protocol in pro- trap placement, checking of traps, and

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of any Rhagoletis tomatis or Tuta around the perimeter of the green- absoluta captures for 1 year for APHIS houses. Inside the greenhouses, the review. SAG must maintain an APHIS traps must be APHIS-approved fruit fly approved quality control program to traps, and they must be set at the rate monitor or audit the trapping program. of six per hectare. In all areas outside APHIS must be notified when a produc- the greenhouse and within 8 kilometers tion site is removed from or added to of the greenhouse, fruit fly traps must the program. be placed on a 1-kilometer grid. All (ix) The tomatoes must be packed traps must be checked at least every 7 within 24 hours of harvest in a pest-ex- days; clusionary packinghouse. The toma- (3) Within a registered greenhouse, toes must be safeguarded by a pest- capture of a single fruit fly or other proof screen or plastic tarpaulin while quarantine pest will result in imme- in transit to the packinghouse and diate cancellation of exports from that while awaiting packing. Tomatoes greenhouse until the source of the in- must be packed in insect-proof cartons festation is determined, the infestation or containers or covered with insect- has been eradicated, and measures are proof mesh or plastic tarpaulin for taken to preclude any future infesta- transit to the United States. These tion; safeguards must remain intact until (4) Outside of a registered green- arrival in the United States. house, if one fruit fly of the species (x) During the time the packinghouse specified in paragraph (e)(2) of this sec- is in use for exporting fruit to the tion is captured, the trap density and United States, the packinghouse may frequency of trap inspection must be only accept fruit from registered ap- increased to detect a reproducing col- proved production sites. ony. Capture of two Medflies or three (xi) SAG is responsible for export cer- of the same species of Bactrocera within tification inspection and issuance of 2 kilometers of each other and within phytosanitary certificates. Each con- 30 days will result in the cancellation signment of tomatoes must be accom- of exports from all registered green- panied by a phytosanitary certificate houses within 2 kilometers of the finds issued by SAG with an additional dec- until the source of the infestation is laration, ‘‘These tomatoes were grown determined and the fruit fly infestation in an approved production site in is eradicated; Chile.’’ The shipping box must be la- beled with the identity of the produc- (5) AQIS must maintain records of tion site. trap placement, checking of traps, and (e) Tomatoes (fruit) (Solanum any fruit fly captures, and must make lycopersicum) from Australia. Tomatoes the records available to APHIS upon may be imported into the United request; States from Australia only in accord- (6) The tomatoes must be packed ance with this section and other appli- within 24 hours of harvest. They must cable provisions of this subpart. be safeguarded by an insect-proof mesh (1) The tomatoes must be grown in screen or plastic tarpaulin while in greenhouses registered with, and in- transit to the packinghouse or while spected by, the Australian Quarantine awaiting packing. They must be placed Inspection Service (AQIS); in insect-proof cartons or containers, (2) Two months prior to shipping, or securely covered with insect-proof AQIS must inspect the greenhouse to mesh or plastic tarpaulin for transport establish its freedom from the fol- to the airport or other shipping point. lowing quarantine pests: Bactrocera These safeguards must be intact upon aquilonis, B. cucumis, B. jarvis, B. arrival in the United States; and neohumeralis, B. tryoni, Ceratitis (7) Each consignment of tomatoes capitata, Chrysodeixis argentifera, C. must be accompanied by a erisoma, Helicoverpa armigera, H. phytosanitary certificate issued by punctigera, Lamprolonchaea brouniana, AQIS stating ‘‘These tomatoes were Sceliodes cordalis, and Spodoptera litura. grown, packed, and shipped in accord- AQIS must also set and maintain fruit ance with the requirements of § 319.56– fly traps inside the greenhouses and 28(e) of 7 CFR.’’

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(f) Tomatoes (fruit) (Solanum monitor the production sites at any lycopersicum) from certain countries in time during this period. Central America. Pink or red tomatoes (ii) Tomato production sites must may be imported into the United consist of pest-exclusionary green- States from Costa Rica, El Salvador, houses, which must have double self- Guatemala, Honduras, Nicaragua, and closing doors and have all other open- Panama only under the following con- ings and vents covered with 1.6 mm (or ditions: less) screening. (1) From areas free of Mediterranean (iii) Registered sites must contain fruit fly: traps for the detection of Medfly both (i) The tomatoes must be grown and within and around the production site packed in an area that has been deter- as follows: mined by APHIS to be free of Medi- (A) Traps with an approved protein terranean fruit fly (Medfly) in accord- bait for Medfly must be placed inside ance with the procedures described in the greenhouses at a density of four § 319.56–5. traps per hectare, with a minimum of (ii) A pre-harvest inspection of the two traps per greenhouse. Traps must production site must be conducted by be serviced on a weekly basis. the national plant protection organiza- (B) If a single Medfly is detected in- tion (NPPO) of the exporting country side a registered production site or in a for pea leafminer, tomato fruit borer, consignment, the registered production and potato spindle tuber viroid. If any site will lose its ability to export toma- of these pests are found to be generally toes to the United States until APHIS infesting the production site, the and the exporting country’s NPPO mu- NPPO may not allow exports from that tually determine that risk mitigation production site until the NPPO and is achieved. APHIS have determined that risk miti- (C) Medfly traps with an approved gation has been achieved. lure must be placed inside a buffer area (iii) The tomatoes must be packed in 500 meters wide around the registered insect-proof cartons or containers or production site, at a density of 1 trap covered with insect-proof mesh or plas- per 10 hectares and a minimum of 10 tic tarpaulin at the packinghouse for traps. These traps must be checked at transit to the United States. These least every 7 days. At least one of these safeguards must remain intact until traps must be near the greenhouse. arrival in the United States. Traps must be set for at least 2 months (iv) The exporting country’s NPPO is before export and trapping must con- responsible for export certification, in- tinue to the end of the harvest. spection, and issuance of phytosanitary (D) Capture of 0.7 or more Medflies certificates. Each consignment of to- per trap per week will delay or suspend matoes must be accompanied by a the harvest, depending on whether har- phytosanitary certificate issued by the vest has begun, for consignments of to- NPPO and bearing the declaration, matoes from that production site until ‘‘These tomatoes were grown in an area APHIS and the exporting country’s recognized to be free of Medfly and the NPPO can agree that the pest risk has consignment has been inspected and been mitigated. found free of the pests listed in the re- (E) The greenhouse must be inspected quirements.’’ prior to harvest for pea leafminer, to- (2) From areas where Medfly is con- mato fruit borer, and potato spindle sidered to exist: tuber viroid. If any of these pests, or (i) The tomatoes must be grown in other quarantine pests, are found to be approved registered production sites. generally infesting the greenhouse, ex- Initial approval of the production sites ports from that production site will be will be completed jointly by the ex- halted until the exporting country’s porting country’s NPPO and APHIS. NPPO and APHIS determine that the The exporting country’s NPPO must pest risk has been mitigated. visit and inspect the production sites (iv) The exporting country’s NPPO monthly starting 2 months before har- must maintain records of trap place- vest and continuing through until the ment, checking of traps, and any Med- end of the shipping season. APHIS may fly captures in addition to production

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site and packinghouse inspection will be approved jointly by the NPPO records. The exporting country’s NPPO of Morocco and APHIS. The NPPO of must maintain an APHIS-approved Morocco will visit and inspect the pro- quality control program to monitor or duction sites starting 2 months before audit the trapping program. The trap- harvest and continuing until the end of ping records must be maintained for the shipping season. APHIS may mon- APHIS’s review. itor the production sites at any time (v) The tomatoes must be packed during this period; within 24 hours of harvest in a pest-ex- (2) The tomatoes may be shipped clusionary packinghouse. The toma- from the Souss-Massa-Draa region of toes must be safeguarded by an insect- Morocco only between December 1 and proof mesh screen or plastic tarpaulin April 30, inclusive; while in transit to the packinghouse (3) Beginning 2 months prior to the and while awaiting packing. The toma- start of the shipping season and con- toes must be packed in insect-proof tinuing through the end of the shipping cartons or containers, or covered with season, the NPPO of Morocco must set insect-proof mesh or plastic tarpaulin, and maintain Mediterranean fruit fly for transit into the United States. (Medfly) traps baited with trimedlure, These safeguards must remain intact or other approved protein bait, inside until arrival in the United States or the pest-exclusionary structures at a the consignment will be denied entry rate of 8 traps per hectare, with a min- into the United States. imum of 4 traps per pest-exclusionary (vi) During the time the packing- structure. Traps must also be placed house is in use for exporting tomatoes outside registered pest-exclusionary to the United States, the packinghouse structures within a 2-kilometer radius may only accept tomatoes from reg- at a rate of 4 traps per square kilo- istered approved production sites. meter. All traps must be checked every (vii) The exporting country’s NPPO 7 days; is responsible for export certification, (4) The NPPO of Morocco must main- inspection, and issuance of tain records of trap placement, trap phytosanitary certificates. Each con- maintenance, and any Medfly captures, signment of tomatoes must be accom- and make the records available to panied by a phytosanitary certificate APHIS upon request. The NPPO of Mo- issued by the NPPO and bearing the rocco must maintain an APHIS-ap- declaration, ‘‘These tomatoes were proved quality control program to grown in an approved production site monitor or audit the trapping program. and the consignment has been in- The trapping records must be main- spected and found free of the pests list- tained for 1 year for APHIS review; ed in the requirements.’’ The shipping (5) Capture of a single Medfly in a box must be labeled with the identity registered pest-exclusionary structure of the production site. during the 2 months prior to export and (g) Tomatoes (fruit) (Solanum continuing through the duration of the lycopersicum) from the Souss-Massa-Draa harvest, or detection of a Medfly in a region of Morocco. Pink tomatoes may consignment that is traced back to a be imported into the United States registered pest-exclusionary structure, from the region of Souss-Massa-Draa in will immediately result in cancellation Morocco only in accordance with this of exports from that pest-exclusionary section and other applicable provisions structure until the source of the infes- of this subpart. 8 tation is determined, the Medfly infes- (1) The tomatoes must be grown in tation has been eradicated, and meas- approved production sites within the ures are taken to preclude any future region of Souss-Massa-Draa in Morocco infestation. Exports will not be rein- in pest-exclusionary structures reg- stated until APHIS and the NPPO of istered with, and inspected by, the na- Morocco mutually determine that risk tional plant protection organization mitigation has been achieved. Capture (NPPO) of Morocco. Production sites of a single Medfly within 200 meters of a registered pest-exclusionary struc- 8 See footnote 5 to paragraph (a) of this ture will necessitate increasing trap section. density in order to determine whether

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there is a reproducing population in ECOWAS consists of Benin, Burkina the area. Six additional traps must be Faso, Cape Verde, Gambia, Ghana, placed within a radius of 200 meters Guinea, Guinea Bissau, Ivory Coast, Li- surrounding the trap where the Medfly beria, Mali, Niger, Nigeria, Senegal, Si- was captured. Capture of two Medflies erra Leone, and Togo Republic. These within 200 meters of a registered pest- conditions are designed to prevent the exclusionary structure and within a 1- introduction of the following quar- month time period will necessitate antine pests: Bactrocera cucurbitae, B. Malathion bait sprays in the area every invadens, Ceratitis capitata, C. rosa, 7 to 10 days for 60 days to ensure eradi- Chrysodeixis chalcites, Helicoverpa cation; armigera, H. assulta, Leucinodes (6) No Medfly host material is per- orbonalis, Maconellicoccus hirsutus, and mitted within 50 meters of the entry Nipaecoccus viridis. door of the pest-exclusionary structure (1) Production site requirements. (i) or the packinghouse; Production sites in which the tomatoes (7) The tomatoes must be packed are produced must be registered with within 24 hours of harvest and must be the national plant protection organiza- pink at the time of packing. They must tion (NPPO) of the exporting country. be safeguarded by an insect-proof mesh Initial approval of production sites screen or plastic tarpaulin while in must be completed jointly by the transit to the packinghouse and while NPPO of the exporting country and awaiting packing. They must be APHIS. packed in insect-proof cartons or con- (ii) The NPPO of the exporting coun- tainers, or covered by insect-proof try must visit and inspect the produc- mesh or plastic tarpaulin for transit to tion sites monthly, beginning 2 months the airport or ship and export to the before the harvest and continuing United States. These safeguards must through the end of the shipping season. be intact upon arrival in the United APHIS may monitor the production States. Sea containers must be kept sites if necessary. closed if stored within 20 meters of (iii) Production sites must be pest- Medfly host materials prior to loading; exclusionary structures (PES). The (8) During the time the packinghouse PES must have self-closing double is in use for exporting fruit to the doors. All openings, including vents, to United States, the packinghouse may the outside of the PES must be covered only accept fruit from registered ap- by screening with mesh openings of not proved production sites; and more than 1.6 mm. (9) The national plant protection or- (iv) No shade trees may be grown ganization (NPPO) of Morocco is re- within 10 meters of the entry door of sponsible for export certification in- the PES, and no other fruit fly host spection and issuance of phytosanitary plants may be grown within 50 meters certificates. Each consignment of to- of the entry door of the PES. matoes must be accompanied by a (2) Mitigation measures for fruit flies. phytosanitary certificate issued by the (i) Beginning 2 months prior to the NPPO of Morocco and bearing the dec- start of the shipping season and con- laration, ‘‘These tomatoes were grown tinuing through the end of the harvest, in registered pest-exclusionary struc- the NPPO of the exporting country tures in Souss-Massa-Draa Region, Mo- must set and maintain fruit fly traps rocco, and were pink at the time of with an APHIS-approved protein bait packing.’’ inside each PES at a rate of eight traps (h) Tomatoes (fruit) (Solanum per hectare, with a minimum of four lycopersicum) from member States of the traps in each PES, and check the traps Economic Community of West African every 7 days. The NPPO of the export- States. Fresh tomatoes may be im- ing country must maintain records of ported into the continental United trap placement, trap maintenance, and States from member States of the Eco- captures of any fruit flies of concern. nomic Community of West African The NPPO must maintain trapping States (ECOWAS) only in accordance records for 1 year, and make the with this section and other applicable records available to APHIS upon re- provisions of this subpart. The quest.

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(ii) Capture of a single fruit fly of been inspected and found free of quar- concern inside a PES will immediately antine pests.’’ result in cancellation of exports to the United States from that PES. The de- (Approved by the Office of Management and Budget under control numbers 0579–0049, tection of a fruit fly of concern in a 0579–0131, 0579–0316, 0579–0286, and 0579–0345, consignment at the port of entry that 0579–0381) is traced back to a PES will also result in immediate cancellation of exports to [24 FR 10788, Dec. 29, 1959, as amended at 74 the United States from that PES. In FR 56526, Nov. 2, 2009; 75 FR 28187, May 20, both cases, exports from the PES in 2010; 77 FR 34783, June 12, 2012] question may not resume until APHIS § 319.56–29 Ya variety pears from and the NPPO of the exporting country China. have mutually determined that the risk has been properly mitigated. Ya variety pears may be imported (3) Harvesting requirements. The stem into the United States from China only and calyx must be removed from the in accordance with this section and all tomato. other applicable provisions of this sub- (4) Packinghouse requirements. (i) part. While in use for exporting tomatoes to (a) Growing and harvest conditions. (1) the United States, the packinghouses The pears must have been grown by may only accept fruit from registered growers registered with the national production sites. plant protection organization (NPPO) (ii) No shade trees may be grown of China in an APHIS-approved export within 10 meters of the entry door of growing area in the Hebei or Shandong the packinghouses, and no other fruit Provinces. fly host plants may be grown within 50 (2) Field inspections for signs of pest meters of the entry door of the pack- infestation must be conducted by the inghouses. national plant protection organization (5) Post-harvest procedures. (i) The to- (NPPO) of China during the growing matoes must be safeguarded by an in- season. sect-proof mesh screen or plastic tar- (3) The registered growers shall be re- paulin while in transit to the packing- sponsible for following the house and while awaiting packing. phytosanitary measures agreed upon (ii) Tomatoes must be packed within by APHIS and the NPPO of China, in- 24 hours of harvest in insect-proof car- cluding applying pesticides to reduce tons or containers, or covered with in- the pest population and bagging the sect-proof mesh or a plastic tarpaulin pears on the trees to reduce the oppor- for transport to the United States. tunity for pests to attack the fruit dur- These safeguards must remain intact ing the growing season. The bags must until arrival in the United States or remain on the pears through the har- the consignment will be denied entry vest and during their movement to the into the United States. packinghouse. (iii) If transported by sea, the con- (4) The packinghouses in which the tainers in which the tomatoes are packed must be kept closed if stored pears are prepared for exportation shall within 20 meters of a fruit fly host not be used for any fruit other than Ya prior to being loaded on the vessel. variety pears from registered growers (6) Commercial consignments. The to- during the pear export season. The matoes may be imported in commer- packinghouses shall accept only those cial consignments only. pears that are in intact bags as re- (7) Phytosanitary certificate. Each con- quired by paragraph (a)(3) of this sec- signment of tomatoes must be accom- tion. The pears must be loaded into panied by a phytosanitary certificate containers at the packinghouse and the issued by the NPPO of the exporting containers then sealed before move- country, providing an additional dec- ment to the port of export. laration ‘‘These tomatoes were grown (b) Each consignment of pears must in registered production sites in [name be accompanied by a phytosanitary of country] and the consignment has certificate issued by the NPPO of

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China stating that the conditions of workplan provided to APHIS by the this section have been met. Mexican NPPO. (ii) The municipality must be sur- [72 FR 39501, July 18, 2007, as amended at 73 veyed at least semiannually (once dur- FR 10973, Feb. 29, 2008] ing the wet season and once during the § 319.56–30 Hass avocados from Mex- dry season) for a period of at least 5 ico. years and found to be free from the avocado pests listed in the operational Fresh Hass variety avocados (Persea workplan. Thereafter, the municipality americana) may be imported from Mex- must be surveyed at least once per year ico into the United States in accord- provided the municipality remains pest ance with the requirements of § 319.56– free. 3 of this subpart, and only under the (2) Orchard and grower requirements. following conditions: The orchard and the grower must be (a) Shipping restrictions. (1) The avoca- registered with the Mexican NPPO’s dos may be imported in commercial avocado export program and must be consignments only; listed as an approved orchard or an ap- (2) Shipping restrictions. The avocados proved grower in the operational may be imported into and distributed workplan provided to APHIS by the in all States and in Puerto Rico, but Mexican NPPO. The operations of the not in any U.S. Territory. orchard must meet the following condi- (b) Trust fund agreement. The avoca- tions: dos may be imported only if the Mexi- (i) The orchard and all contiguous or- can avocado industry association rep- chards and properties must be surveyed resenting Mexican avocado growers, semiannually for a period of at least 5 packers, and exporters has entered into years and found to be free from the a trust fund agreement with APHIS for avocado pests listed in the operational that shipping season in accordance workplan. Thereafter, the orchard and with § 319.56–6. all contiguous orchards and properties (c) Safeguards in Mexico. The avoca- must be surveyed at least once per year dos must have been grown in an or- provided the orchard and all contig- chard located in a municipality that uous orchards and properties remain meets the requirements of paragraph pest free. (c)(1) of this section. The orchard in (ii) Avocado fruit that has fallen which the avocados are grown must from the trees must be removed from meet the requirements of paragraph the orchard at least once every 7 days (c)(2) of this section. The avocados and may not be included in field boxes must be packed for export to the of fruit to be packed for export. United States in a packinghouse that (iii) Dead branches on avocado trees meets the requirements of paragraph in the orchard must be pruned and re- (c)(3) of this section. The Mexican na- moved from the orchard. tional plant protection organization (iv) Harvested avocados must be (NPPO) must provide an annual oper- placed in field boxes or containers of ational workplan to APHIS that de- field boxes that are marked to show tails the activities that the Mexican the official registration number of the NPPO will, subject to APHIS’ approval orchard. The avocados must be moved of the workplan, carry out to meet the from the orchard to the packinghouse requirements of this section. APHIS the day of harvest or they must be pro- will be directly involved with the Mexi- tected from fruit fly infestation until can NPPO in the monitoring and super- moved. vision of those activities. The per- (v) The avocados must be protected sonnel conducting the trapping and from fruit fly infestation during their pest surveys must be hired, trained, movement from the orchard to the and supervised by the Mexican NPPO packinghouse and must be accom- or by the State delegate of the Mexican panied by a field record indicating that NPPO. the avocados originated from a cer- (1) Municipality requirements. (i) The tified orchard. municipality must be listed as an ap- (3) Packinghouse requirements. The proved municipality in the operational packinghouse must be registered with

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the Mexican NPPO’s avocado export shipped by land. Prior to leaving the program and must be listed as an ap- packinghouse, the truck or container proved packinghouse in the operational must be secured by the Mexican NPPO work plan provided to APHIS by the with a seal that will be broken when Mexican NPPO. The operations of the the truck or container is opened. The packinghouse must meet the following seal may be broken and a new seal ap- conditions: plied by the Mexican NPPO if the truck (i) During the time the packinghouse or container stops at another approved is used to prepare avocados for export packinghouse for additional avocados to the United States, the packinghouse meeting the requirements of this sec- may accept fruit only from orchards tion to be placed in the truck or con- certified by the Mexican NPPO for par- tainer. The seal on the refrigerated ticipation in the avocado export pro- truck or refrigerated container must be gram. intact at the time the truck or con- (ii) All openings to the outside must tainer reaches the port of export in be covered by screening with openings Mexico or the port of first arrival in of not more than 1.6 mm or by some the United States. If, at the port of ex- other barrier that prevents insects port for consignments shipped by air or from entering the packinghouse. sea, the packed avocados are trans- (iii) The packinghouse must have ferred into a non-refrigerated con- double doors at the entrance to the fa- tainer, the boxes, bins, or crates must cility and at the interior entrance to be covered with a lid, insect-proof the area where the avocados are mesh, or other material to protect the packed. avocados from fruit-fly infestation (iv) Prior to the culling process, a bi- prior to leaving the packinghouse. ometric sample, at a rate determined Those safeguards must be intact at the by APHIS, of avocados per consign- time the consignment arrives in the ment must be selected, cut, and in- United States. spected by the Mexican NPPO or its ap- (ix) Any avocados that have not been proved designee and found free from packed or loaded into a refrigerated pests. truck or refrigerated container by the (v) The identity of the avocados must end of the workday must be kept in the be maintained from field boxes or con- screened packing area. tainers to the containers in which they (d) Certification. All consignments of will be shipped so the avocados can be avocados must be accompanied by a traced back to the orchard in which phytosanitary certificate issued by the they were grown if pests are found at Mexican NPPO with an additional dec- the packinghouse or the port of first laration certifying that the conditions arrival in the United States. specified in this section have been met. (vi) Prior to being packed for ship- (e) Pest detection. If any of the avo- ping, each avocado fruit must be cado pests listed in the operational cleaned of all stems, leaves, and other workplan are detected during the pest portions of plants and labeled with a surveys in a packinghouse, certified or- sticker that bears the official registra- chard or areas outside of certified or- tion number of the packinghouse. chards, or other monitoring or inspec- (vii) The avocados must be packed in tion activity in the municipality, the clean, new boxes or bulk shipping bins, Mexican NPPO must immediately ini- or in clean plastic reusable crates. The tiate an investigation and take meas- boxes, bins, or crates must be clearly ures to isolate and eradicate the pests. marked with the identity of the grow- The Mexican NPPO must also provide er, packinghouse, and exporter. APHIS with information regarding the (viii) The packed avocados must be circumstances of the infestation and placed in a refrigerated truck or refrig- the pest risk mitigation measures erated container and remain in that taken. In accordance with the oper- truck or container while in transit ational workplan, depending upon the through Mexico to the port of export nature of the pest detection, affected for consignments shipped by air or sea orchards may lose their export certifi- or the port of first arrival in the cation, and avocado exports from that United States for consignments orchard may be suspended until APHIS

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and the Mexican NPPO agree that the until the Administrator determines pest eradication measures taken have that the source of infestation has been been effective. identified, that all Medflies have been (f) Inspection. The avocados are sub- eradicated, and that measures have ject to inspection by an inspector at been taken to preclude any future in- the port of first arrival, at any stops in festation. Capture of a single Medfly the United States en route to an ap- within 2 kilometers of a registered proved State, and upon arrival at the greenhouse will necessitate increased terminal market in the approved trap density in order to determine States. At the port of first arrival, an whether there is a reproducing popu- inspector may sample and cut avocados lation in the area. Capture of two from each consignment to detect pest Medflies within 2 kilometers of a reg- infestation. istered greenhouse during a 1-month (g) Repackaging. If any avocados are period will halt exports from all reg- removed from their original shipping istered greenhouses within 2 kilo- boxes, crates, or bulk shipping bins and meters of the capture, until the source repackaged, the stickers required by of infestation is determined and all paragraph (c)(3)(vi) of this section may Medflies are eradicated; not be removed or obscured and the (e) The peppers must be safeguarded new packaging must be clearly marked from harvest to export by insect-proof with all the information required by mesh or plastic tarpaulin, including paragraph (c)(3)(vii) of this section. while in transit to the packinghouse and while awaiting packing. They must [72 FR 39501, July 18, 2007, as amended at 74 be packed in insect-proof cartons or FR 31160, June 30, 2009; 75 FR 66644, Oct. 29, 2010; 75 FR 81376, Dec. 28, 2010; 76 FR 43807, covered by insect-proof mesh or plastic July 22, 2011; 81 FR 33588, May 27, 2016] tarpaulin for transit to the airport and subsequent export to the United § 319.56–31 Peppers from Spain. States. These safeguards must be in- Peppers (fruit) (Capsicum spp.) may tact upon arrival in the United States; be imported into the United States (f) The peppers must be packed for from Spain only under permit, and shipment within 24 hours of harvest; only in accordance with this section (g) During shipment, the peppers may and all other applicable requirements not transit other fruit fly-supporting of this subpart: areas unless shipping containers are (a) The peppers must be grown in the sealed by MAFF with an official seal Alicante or Almeria Province of Spain whose number is noted on the in pest-proof greenhouses registered phytosanitary certificate; and with, and inspected by, the Spanish (h) A phytosanitary certificate issued Ministry of Agriculture, Fisheries, and by MAFF and bearing the declaration, Food (MAFF); ‘‘These peppers were grown in reg- (b) The peppers may be shipped only istered greenhouses in Alicante or Al- from December 1 through April 30, in- meria Province in Spain,’’ must accom- clusive; pany the consignment. (c) Beginning October 1, and con- (Approved by the Office of Management and tinuing through April 30, MAFF must Budget under control number 0579–0210) set and maintain Mediterranean fruit fly (Ceratitis capitata) (Medfly) traps § 319.56–32 Peppers from New Zealand. baited with trimedlure inside the Peppers (fruit) (Capsicum spp.) from greenhouses at a rate of four traps per New Zealand may be imported into the hectare. In all outside areas, including United States only in accordance with urban and residential areas, within 8 this section and all other applicable kilometers of the greenhouses, MAFF provisions of this subpart. must set and maintain Medfly traps (a) The peppers must be grown in baited with trimedlure at a rate of four New Zealand in insect-proof green- traps per square kilometer. All traps houses approved by the New Zealand must be checked every 7 days; Ministry of Agriculture and Forestry (d) Capture of a single Medfly in a (MAF). registered greenhouse will immediately (b) The greenhouses must be equipped halt exports from that greenhouse with double self-closing doors, and any

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vents or openings in the greenhouses to reinspection at the port of first ar- (other than the double self-closing rival in the United States as provided doors) must be covered with 0.6 mm in § 319.56–3. screening in order to prevent the entry (d) Labeling. Each box of mangoes of pests into the greenhouse. must be clearly labeled in accordance (c) The greenhouses must be exam- with § 319.56–5(e)(1). Consignments orig- ined periodically by MAF to ensure inating from areas that do not meet that the screens are intact. the requirements in paragraph (a) of (d) Each consignment of peppers this section for freedom from or treat- must be accompanied by a ment for mango seed weevil must be la- phytosanitary certificate of inspection beled ‘‘For distribution in Guam and issued by MAF bearing the following Hawaii only.’’ declaration: ‘‘These peppers were (e) Phytosanitary certificate. Mangoes grown in greenhouses in accordance originating from all approved areas with the conditions in § 319.56–32.’’ must be accompanied by a phytosanitary certificate issued by the § 319.56–33 Mangoes from the Phil- Republic of the Philippines Depart- ippines. ment of Agriculture that contains an Mangoes (fruit) (Mangifera indica) additional declaration stating that the may be imported into the United mangoes have been treated for fruit States from the Philippines only in ac- flies of the genus Bactrocera in accord- cordance with this section and other ance with paragraph (b) of this section applicable provisions of this subpart. either in the Philippines or at the port (a) Limitation of origin. The mangoes of first arrival within the United must have been grown in an area that States. Phytosanitary certificates ac- the Administrator has determined to companying consignments of mangoes be free of mango seed weevil originating from pest-free mango grow- (Sternochetus mangiferae) and mango ing areas within the Philippines must pulp weevil (Sternochetus frigidus) in ac- also contain an additional declaration cordance with § 319.56–5 or be treated stating that the mangoes were grown for mango seed weevil and mango pulp in an area that the Administrator has weevil in accordance with the require- determined to be free of mango seed ments in paragraph (b) of this section. weevil and mango pulp weevil or have Mangoes from areas of the Philippines been treated in accordance with para- that are not free of mango seed weevil graph (b) of this section. or that are not treated for mango seed (f) Trust fund agreement. Mangoes weevil are eligible for importation into that are treated or inspected in the Philippines may be imported into the Hawaii and Guam only. United States only if the Republic of (b) Treatment. The mangoes must be the Philippines Department of Agri- treated for fruit flies of the genus culture has entered into a trust fund Bactrocera in accordance with part 305 agreement with APHIS in accordance of this chapter. Mangoes from areas with § 319.56–6. that are not considered to be free of mango pulp weevil in accordance with (Approved by the Office of Management and § 319.56–5 must be treated for that pest Budget under control numbers 0579–0172 and in accordance with part 305 of this 0579–0316) chapter. Mangoes from areas that are [75 FR 17292, Apr. 6, 2010, as amended at 79 not considered to be free of mango seed FR 59089, Oct. 1, 2014] weevil in accordance with § 319.56–5 must be treated for that pest in accord- § 319.56–34 Clementines from Spain. ance with part 305 of this chapter or Clementines (Citrus reticulata) from they are eligible for importation into Spain may only be imported into the Hawaii and Guam only. United States in accordance with this (c) Inspection. Mangoes from the Phil- section and all other applicable provi- ippines are subject to inspection under sions of this subpart. the direction of an inspector, either in (a) Trust fund agreement. Clementines the Philippines or at the port of first from Spain may be imported only if the arrival in the United States. Mangoes Government of Spain or its designated inspected in the Philippines are subject representative enters into a trust fund

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agreement with APHIS before each cate stating that the fruit meets the shipping season in accordance with conditions of the Government of § 319.56–6. Spain’s Mediterranean fruit fly man- (b) Grower registration and agreement. agement program and applicable Persons who produce clementines in APHIS regulations. Spain for export to the United States (e) Labeling. Boxes in which must: clementines are packed must be la- (1) Be registered with the Govern- beled with a lot number that provides ment of Spain; and information to identify the orchard (2) Enter into an agreement with the where the fruit was grown and the Government of Spain whereby the pro- packinghouse where the fruit was ducer agrees to participate in and fol- packed. The lot number must end with low the Mediterranean fruit fly man- the letters ‘‘US.’’ All labeling must be agement program established by the large enough to clearly display the re- Government of Spain. quired information and must be located (c) Management program for Mediterra- on the outside of the boxes to facilitate nean fruit fly; monitoring. The Govern- inspection. ment of Spain’s Mediterranean fruit fly (f) Pre-treatment sampling. For each (Ceratitis capitata) management pro- consignment of clementines intended gram must be approved by APHIS, and for export to the United States, prior must contain the fruit fly trapping and to cold treatment, inspectors will cut recordkeeping requirements specified and inspect a sample of clementines de- in this paragraph. The program must termined by APHIS that are randomly also provide that producers selected from throughout the consign- must allow APHIS inspectors access to ment. If inspectors find a single live clementine production areas in order Mediterranean fruit fly in any stage of to monitor compliance with the Medi- development during an inspection, the terranean fruit fly management pro- entire consignment of clementines will gram. be rejected. If a live Mediterranean (1) Trapping and control. In areas fruit fly in any stage of development is where clementines are produced for ex- found in any two lots of fruit from the port to the United States, traps must same orchard during the same shipping be placed in Mediterranean fruit fly season, that orchard will be removed host plants at least 6 weeks prior to from the export program for the re- harvest. Bait treatments using mala- mainder of that shipping season. thion, spinosad, or another pesticide (g) Cold treatment. Clementines must that is approved by APHIS and the be cold treated in accordance with part Government of Spain must be applied 305 of this chapter. Upon arrival of in the production areas at the rate clementines at a port of entry into the specified by Spain’s Medfly manage- United States, inspectors will examine ment program. the cold treatment data for each con- (2) Records. The Government of Spain signment to ensure that the cold treat- or its designated representative must ment was successfully completed. If keep records that document the fruit the cold treatment has not been suc- fly trapping and control activities in cessfully completed, the consignment areas that produce clementines for ex- will be held until appropriate remedial port to the United States. All trapping actions have been implemented. and control records kept by the Gov- (h) Port of entry sampling. ernment of Spain or its designated rep- Clementines imported from Spain are resentative must be made available to subject to inspection by an inspector at APHIS upon request. the port of entry into the United (3) Compliance. If APHIS determines States. At the port of first arrival, an that an orchard is not operating in inspector will sample and cut compliance with the regulations in this clementines from each consignment to section, it may suspend exports of detect pest infestation according to clementines from that orchard. sampling rates determined by the Ad- (d) Phytosanitary certificate. ministrator. If a single live Mediterra- Clementines from Spain must be ac- nean fruit fly in any stage of develop- companied by a phytosanitary certifi- ment is found, the consignment will be

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held until an investigation is com- (a) The production site, which is an pleted and appropriate remedial ac- orchard, where the persimmons are tions have been implemented. grown must have been inspected at (i) Suspension of program. If APHIS least once during the growing season determines at any time that the safe- and before harvest for the following guards contained in this section are pests: Conogethes punctiferalis, not protecting against the introduction Planococcus kraunhiae, Stathmopoda of Medflies into the United States, masinissa, and Tenuipalpus APHIS may suspend the importation of zhizhilashiviliae. clementines and conduct an investiga- (b) After harvest, the persimmons tion into the cause of the deficiency. must be inspected by the Republic of (j) Definitions. The following are defi- Korea’s national plant protection orga- nitions for terms used in this section: nization (NPPO) and found free of the Consignment. (1) Untreated fruit. For pests listed in paragraph (a) of this sec- untreated fruit, the term means one or tion before the persimmons may be more lots (containing no more than a shipped to the United States; combined total of 200,000 boxes of (c) Each consignment of persimmons clementines) that are presented to an must be accompanied by a inspector for pre-treatment inspection. phytosanitary certificate issued by the (2) Treated fruit. For treated fruit, the Republic of Korea’s NPPO stating that term means one or more lots of the fruit is free of Conogethes clementines that are imported into the punctiferalis, Planococcus kraunhiae, United States on the same conveyance. Stathmopoda masinissa, and Tenuipalpus Lot. For the purposes of this section, zhizhilashiviliae. a number of units of clementines that (d) If any of the pests listed in para- are from a common origin (i.e., a single graph (a) of this section are detected in producer or a homogenous production an orchard, exports from that orchard unit.) 9 will be canceled until the source of in- festation is determined and the infesta- Orchard. A plot on which clementines tion is eradicated. are grown that is separately registered in the Spanish Medfly management (Approved by the Office of Management and program. Budget under control number 0579–0210) Shipping season. For the purposes of this section, a shipping season is con- § 319.56–36 Watermelon, squash, cu- cumber, and oriental melon from sidered to include the period beginning the Republic of Korea. approximately in mid-September and ending approximately in late February Watermelon (Citrullus lanatus), of the next calendar year. squash (Cucurbita maxima), cucumber (Cucumis sativus), and oriental melon (Approved by the Office of Management and (Cucumis melo) may be imported into Budget under control number 0579–0203) the United States from the Republic of [24 FR 10788, Dec. 29, 1959, as amended at 74 Korea only in accordance with this FR 56526, Nov. 2, 2009; 77 FR 22465, Apr. 16, paragraph and all other applicable pro- 2012] visions of this subpart: (a) The fruit must be grown in pest- § 319.56–35 Persimmons from the Re- proof greenhouses registered with the public of Korea. Republic of Korea’s national plant pro- Persimmons (fruit) (Disopyros khaki) tection organization (NPPO). may be imported into the United (b) The NPPO must inspect and regu- States from the Republic of Korea only larly monitor greenhouses for plant in accordance with this section and all pests. The NPPO must inspect green- other applicable provisions of this sub- houses and plants, including fruit, at part. intervals of no more than 2 weeks, from the time of fruit set until the end of harvest. 9 A homogeneous production unit is a group of adjacent orchards in Spain that are owned (c) The NPPO must set and maintain by one or more growers who follow a homog- McPhail traps (or a similar type with a enous production system under the same protein bait that has been approved for technical guidance. the pests of concern) in greenhouses

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from October 1 to April 30. The number Sparganothis pilleriana, Stathmopoda of traps must be set as follows: Two auriferella, or Monilinia fructigena is de- traps for greenhouses smaller than 0.2 tected during inspection, the field will hectare in size; three traps for green- immediately be rejected, and exports houses 0.2 to 0.5 hectare; four traps for from that field will be canceled until greenhouses over 0.5 hectare and up to visual inspection of the vines shows 1.0 hectare; and for greenhouses greater that the infestation has been eradi- than 1 hectare, traps must be placed at cated. a rate of four traps per hectare. (c) Fruit must be bagged from the (d) The NPPO must check all traps time the fruit sets until harvest. once every 2 weeks. If a single pumpkin (d) Each consignment must be in- fruit fly is captured, that greenhouse spected by the NPPO before export. For will lose its registration until trapping each consignment, the NPPO must shows that the infestation has been issue a phytosanitary certificate with eradicated. an additional declaration stating that (e) The fruit may be shipped only the fruit in the consignment was found from December 1 through April 30. free of C. punctiferalis, E. ambiguella, S. (f) Each consignment must be accom- pilleriana, S. auriferella, M. fructigena, panied by a phytosanitary certificate and Nippoptilia vitis. issued by NPPO, with the following ad- ditional declaration: ‘‘The regulated (Approved by the Office of Management and articles in this consignment were Budget under control number 0579–0236) grown in registered greenhouses as specified by 7 CFR 319.56–36.’’ § 319.56–38 Citrus from Chile. (g) Each consignment must be pro- Clementines (Citrus reticulata Blanco tected from pest infestation from har- var. Clementine), mandarins (Citrus vest until export. Newly harvested reticulata Blanco), and tangerines fruit must be covered with insect-proof (Citrus reticulata Blanco) may be im- mesh or a plastic tarpaulin while mov- ported into the United States from ing to the packinghouse and awaiting Chile, and grapefruit (Citrus paradisi packing. Fruit must be packed within Macfad.) and sweet oranges (Citrus 24 hours of harvesting in an enclosed sinensis (L.) Osbeck) may be imported container or vehicle or in insect-proof into the continental United States cartons or cartons covered with insect- from Chile, in accordance with this sec- proof mesh or plastic tarpaulin, and tion and all other applicable provisions then placed in containers for shipment. of this subpart. These safeguards must be intact when (a) The fruit must be accompanied by the consignment arrives at the port in a permit issued in accordance with the United States. § 319.56–3(b). (Approved by the Office of Management and (b) If the fruit is produced in an area Budget under control number 0579–0236) of Chile where Mediterranean fruit fly (Ceratitis capitata) is known to occur, § 319.56–37 Grapes from the Republic the fruit must be cold treated in ac- of Korea. cordance with part 305 of this chapter. Grapes (Vitis spp.) may be imported Fruit for which cold treatment is re- into the United States from the Repub- quired must be accompanied by docu- lic of Korea only under the following mentation indicating that the cold conditions and in accordance with all treatment was initiated in Chile (a other applicable provisions of this sub- PPQ Form 203 or its equivalent may be part: used for this purpose). (a) The fields where the grapes are (c) The fruit must either be produced grown must be inspected during the and shipped under the systems ap- growing season by the Republic of Ko- proach described in paragraph (d) of rea’s national plant protection organi- this section or fumigated in accordance zation (NPPO). The NPPO will inspect with paragraph (e) of this section. 250 grapevines per hectare, inspecting (d) Systems approach. The fruit may leaves, stems, and fruit of the vines. be imported without fumigation for (b) If evidence of Conogethes Brevipalpus chilensis if it meets the fol- punctiferalis, Eupoecilia ambiguella, lowing conditions:

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(1) Production site registration. The coordination with the NPPO of Chile production site where the fruit is after the post-harvest processing. A bi- grown must be registered with the na- ometric sample will be drawn and ex- tional plant protection organization amined from each consignment of (NPPO) of Chile. To register, the pro- fruit, which may represent multiple duction site must provide Chile’s NPPO grower lots from different packing with the following information: Pro- sheds. Clementines, mandarins, or tan- duction site name, grower, munici- gerines in any consignment may be pality, province, region, area planted shipped to the United States only if the to each species, number of plants/hec- consignment passes inspection as fol- tares/species, and approximate date of lows: harvest. Registration must be renewed (i) Fruit presented for inspection annually. must be identified in the shipping doc- (2) Low prevalence production site cer- uments accompanying each lot of fruit tification. Between 1 and 30 days prior that identify the production site(s) to harvest, random samples of fruit where the fruit was produced and the must be collected from each registered packing shed(s) where the fruit was production site under the direction of processed. This identity must be main- Chile’s NPPO. These samples must un- tained until the fruit is released for dergo a pest detection and evaluation entry into the United States. method as follows: The fruit and (ii) A biometric sample of boxes from pedicels must be washed using a flush- each consignment will be selected and ing method, placed in a 20 mesh sieve the fruit from these boxes will be vis- on top of a 200 mesh or finer sieve, ually inspected for quarantine pests, sprinkled with a liquid soap and water and a portion of the fruit will be solution, washed with water at high washed and the collected filtrate will pressure, and washed with water at low be microscopically examined for B. pressure. The process must then be re- chilensis. peated. The contents of the sieves must (A) If a single live B. chilensis mite is then be placed on a petri dish and ana- found, the fruit will be eligible for im- lyzed for the presence of live B. portation into the United States only chilensis mites. If a single live B. if it is fumigated in Chile in accord- chilensis mite is found, the production ance with paragraph (e) of this section. site will not qualify for certification as The production site will be suspended a low prevalence production site and from the low prevalence certification will be eligible to export fruit to the program and all subsequent lots of United States only if the fruit is fumi- fruit from the production site of origin gated in accordance with paragraph (e) will be required to be fumigated as a of this section. Each production site condition of entry to the United States may have only one opportunity per for the remainder of the shipping sea- harvest season to qualify as a low prev- son. alence production site, and certifi- (B) If inspectors find evidence of any cation of low prevalence will be valid other quarantine pest, the fruit in the for one harvest season only. The NPPO consignment will remain eligible for of Chile will present a list of certified importation into the United States production sites to APHIS. only if a treatment for the pest is au- (3) Post-harvest processing. After har- thorized by part 305 of this chapter and vest and before packing, the fruit must the entire consignment is treated for be washed, rinsed in a potable water the pest in Chile under APHIS super- bath, washed with detergent with vision. brushing using bristle rollers, rinsed (iii) Each consignment of fruit must with a hot water shower with brushing be accompanied by a phytosanitary using bristle rollers, predried at room certificate issued by the NPPO of Chile temperature, waxed, and dried with hot that contains an additional declaration air. stating that the fruit in the consign- (4) Phytosanitary inspection. The fruit ment meets the conditions of § 319.56– must be inspected in Chile at an 38(d). APHIS-approved inspection site under (e) Approved fumigation. Clementines, the direction of APHIS inspectors in grapefruit, mandarins, sweet oranges,

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or tangerines that do not meet the con- (4) If any of the quarantine pests list- ditions of paragraph (d) of this section ed in this section are found during the may be imported into the United pre-harvest inspection or at any other States if the fruit is fumigated either time, the NPPO of China must notify in Chile or at the port of first arrival in APHIS immediately. the United States with methyl bromide (i) Upon detection of Oriental fruit for B. chilensis in accordance with part fly (Bactrocera dorsalis), APHIS may re- 305 of this chapter. An APHIS inspector ject the lot or consignment and may will monitor the fumigation of the prohibit the importation into the fruit and will prescribe such safeguards United States of fragrant pears from as may be necessary for unloading, China until an investigation is con- handling, and transportation pre- ducted and APHIS and the NPPO of paratory to fumigation. The final re- China agree that appropriate remedial lease of the fruit for entry into the action has been taken. United States will be conditioned upon (ii) Upon detection of peach fruit compliance with prescribed safeguards borer (Carposina sasaki), yellow peach and required treatment. moth (Conogethes punctiferalis), apple (f) Trust fund agreement. Clementines, fruit moth ( ), Hawthorn grapefruit, mandarins, sweet oranges, Cydia inopinata or tangerines may be imported into the spider mite (Tetranychus viennensis), United States under this section only if red plum maggot (Cydia funebrana), the NPPO of Chile or a private export brown rot (Monilinia fructigena), Asian group has entered into a trust fund pear scab (Venturia nashicola), pear agreement with APHIS in accordance trellis rust (Gymnosporangium fuscum), with § 319.56–6. Asian pear black spot (Alternaria spp.), or phylloxeran (Aphanostigma sp. poss. (Approved by the Office of Management and jackusiensis), APHIS may reject the lot Budget under control number 0579–0242) or consignment and may prohibit the [72 FR 39501, July 18, 2007, as amended at 74 importation into the United States of FR 15640, Apr. 7, 2009; 74 FR 46489, Sept. 10, fragrant pears from the production site 2009; 75 FR 4253, Jan. 26, 2010] for the season. The exportation to the § 319.56–39 Fragrant pears from China. United States of fragrant pears from the production site may resume in the Fragrant pears may be imported into next growing season if an investigation the United States from China only is conducted and APHIS and the NPPO under the following conditions and in of China agree that appropriate reme- accordance with all other applicable dial action has been taken. If any of provisions of this subpart: these pests is detected in more than (a) Origin, growing, and harvest condi- one registered production site, APHIS tions. (1) The pears must have been may prohibit the importation into the grown in the Korla region of Xinjiang United States of fragrant pears from Province in a production site that is registered with the national plant pro- China until an investigation is con- tection organization (NPPO) of China. ducted and APHIS and the NPPO of (2) All propagative material intro- China agree that appropriate remedial duced into a registered production site action has been taken. must be certified free of the pests list- (5) After harvest, the NPPO of China ed in this section by the NPPO of or officials authorized by the NPPO of China. China must inspect the pears for signs (3) Within 30 days prior to harvest, of pest infestation and allow APHIS to the NPPO of China or officials author- monitor the inspections. ized by the NPPO of China must in- (6) Upon detection of large pear borer spect the registered production site for (Numonia pivivorella), pear curculio signs of pest infestation and allow (Rhynchites fovepessin), or Japanese APHIS to monitor the inspections. The apple curculio (R. heros), APHIS may NPPO of China must provide APHIS reject the lot or consignment. with information on pest detections (b) Packing requirements. (1) The fra- and pest detection practices, and grant pears must be packed in cartons APHIS must approve the pest detection that are labeled in accordance with practices. § 319.56–5(e).

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(2) The fragrant pears must be held in and tomato severe leaf curl virus. If a cold storage facility while awaiting any of the pests listed in the workplan export. If fruit from unregistered pro- are found to be generally infesting the duction sites are stored in the same fa- growing site, the NPPO may not allow cility, the fragrant pears must be iso- export from that production site until lated from that other fruit. the NPPO has determined that risk (c) Shipping requirements. (1) The fra- mitigation has been achieved. grant pears must be shipped in insect- (3) The peppers must be packed in in- proof containers and all pears must be sect-proof cartons or containers or cov- safeguarded during transport to the ered with insect-proof mesh or plastic United States in a manner that will tarpaulin at the packinghouse for tran- prevent pest infestation. sit to the United States. These safe- (2) The fragrant pears may be im- guards must remain intact until ar- ported only under a permit issued by rival in the United States. APHIS in accordance with § 319.56–3(b). (4) The exporting country’s NPPO is (3) Each consignment of pears must responsible for export certification, in- be accompanied by a phytosanitary spection, and issuance of phytosanitary certificate issued by the NPPO of certificates. Each consignment of pep- China stating that the conditions of pers must be accompanied by a this section have been met and that phytosanitary certificate issued by the the consignment has been inspected NPPO and bearing the declaration, and found free of the pests listed in ‘‘These peppers were grown in an area this section. recognized to be free of Medfly and the (Approved by the Office of Management and consignment has been inspected and Budget under control number 0579–0227) found free of the pests listed in the re- quirements.’’ § 319.56–40 Peppers from certain Cen- (b) For peppers of the species Cap- tral American countries. sicum annuum, Capsicum frutescens, Cap- Fresh peppers (Capsicum spp.) may be sicum baccatum, Capsicum chinense, and imported into the United States from Capsicum pubescens from areas in which Costa Rica, El Salvador, Guatemala, Medfly is considered to exist: Honduras, Nicaragua, and Panama only (1) The peppers must be grown in ap- under the following conditions and in proved production sites registered with accordance with all other applicable the NPPO of the exporting country. provisions of this subpart: Initial approval of the production sites (a) For peppers of the species Cap- will be completed jointly by the ex- sicum annuum, Capsicum frutescens, Cap- porting country’s NPPO and APHIS. sicum baccatum, and Capsicum chinense The exporting country’s NPPO will from areas free of Mediterranean fruit visit and inspect the production sites fly (Medfly), terms of entry are as fol- monthly, starting 2 months before har- lows: vest and continuing through until the (1) The peppers must be grown and end of the shipping season. APHIS may packed in an area that has been deter- monitor the production sites at any mined by APHIS to be free of Medfly in time during this period. accordance with the procedures de- (2) Pepper production sites must con- scribed in § 319.56–5 of this subpart. sist of pest-exclusionary greenhouses, (2) A pre-harvest inspection of the which must have double self-closing growing site must be conducted by the doors and have all other openings and national plant protection organization vents covered with 1.6 mm (or less) (NPPO) of the exporting country for screening. those pests listed in the bilateral (3) Registered sites must contain workplan provided to APHIS by the traps for the detection of Medfly both NPPO of the exporting country, includ- within and around the production site. ing any of the following pests: The wee- (i) Traps with an approved protein vil Faustinus ovatipennis, pea leafminer, bait must be placed inside the green- tomato fruit borer, lantana mealybug, houses at a density of four traps per passionvine mealybug, melon thrips, hectare, with a minimum of two traps bacterial wilt, the rust fungus Puccinia per greenhouse. Traps must be serviced pampeana, Andean potato mottle virus, on a weekly basis.

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(ii) If a single Medfly is detected in- mesh screen or plastic tarpaulin while side a registered production site or in a in transit to the packinghouse and consignment, the registered production while awaiting packing. Peppers must site will lose its ability to export pep- be packed in insect-proof cartons or pers to the United States until APHIS containers, or covered with insect- and the exporting country’s NPPO mu- proof mesh or plastic tarpaulin, for tually determine that risk mitigation transit to the United States. These is achieved. safeguards must remain intact until (iii) Medfly traps with an approved arrival in the United States or the con- lure must be placed inside a buffer area signment will be denied entry into the 500 meters wide around the registered United States. production site, at a density of 1 trap (6) During the time the packinghouse per 10 hectares and a minimum of 10 is in use for exporting peppers to the traps. These traps must be checked at United States, the packinghouse may least every 7 days. At least one of these accept peppers only from registered ap- traps must be near the greenhouse. proved production sites. Traps must be set for at least 2 months (7) The exporting country’s NPPO is before export and trapping must con- responsible for export certification, in- tinue to the end of the harvest. spection, and issuance of phytosanitary (iv) Capture of 0.7 or more Medflies certificates. Each consignment of pep- per trap per week will delay or suspend pers must be accompanied by a the harvest, depending on whether har- phytosanitary certificate issued by the vest has begun, for consignments of NPPO and bearing the declaration, peppers from that production site until ‘‘These peppers were grown in an ap- APHIS and the exporting country’s proved production site and the consign- NPPO can agree that the pest risk has ment has been inspected and found free been mitigated. of the pests listed in the require- (v) The greenhouse must be inspected ments.’’ The shipping box must be la- prior to harvest for those pests listed beled with the identity of the produc- in the bilateral workplan provided to tion site. APHIS by the NPPO of the exporting (c) For peppers of the species Cap- country, including any of the following sicum pubescens from areas in which pests: The weevil Faustinus ovatipennis, Mexican fruit fly (Mexfly) is considered pea leafminer, tomato fruit borer, to exist: lantana mealybug, passionvine (1) The peppers must be grown in ap- mealybug, melon thrips, bacterial wilt, proved production sites registered with the rust fungus Puccinia pampeana, An- the NPPO of the exporting country. dean potato mottle virus, and tomato Initial approval of the production sites severe leaf curl virus. If any of pests will be completed jointly by the ex- listed in the workplan, or other quar- porting country’s NPPO and APHIS. antine pests, are found to be generally The exporting country’s NPPO must infesting the greenhouse, export from visit and inspect the production sites that production site will be halted monthly, starting 2 months before har- until the exporting country’s NPPO de- vest and continuing through until the termines that the pest risk has been end of the shipping season. APHIS may mitigated. monitor the production sites at any (4) The exporting country’s NPPO time during this period. must maintain records of trap place- (2) Pepper production sites must con- ment, checking of traps, and any Med- sist of pest-exclusionary greenhouses, fly captures. The exporting country’s which must have double self-closing NPPO must maintain an APHIS-ap- doors and have all other openings and proved quality control program to vents covered with 1.6 mm (or less) monitor or audit the trapping program. screening. The trapping records must be main- (3) Registered sites must contain tained for APHIS’ review. traps for the detection of Mexfly both (5) The peppers must be packed with- within and around the production site. in 24 hours of harvest in a pest-exclu- (i) Traps with an approved protein sionary packinghouse. The peppers bait must be placed inside the green- must be safeguarded by an insect-proof houses at a density of four traps per

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hectare, with a minimum of two traps (5) The peppers must be packed with- per greenhouse. Traps must be serviced in 24 hours of harvest in a pest-exclu- on a weekly basis. sionary packinghouse. The peppers (ii) If a single Mexfly is detected in- must be safeguarded by an insect-proof side a registered production site or in a mesh screen or plastic tarpaulin while consignment, the registered production in transit to the packinghouse and site will lose its ability to ship under while awaiting packing. Peppers must the systems approach until APHIS and be packed in insect-proof cartons or the exporting country’s NPPO mutu- containers, or covered with insect- ally determine that risk mitigation is proof mesh or plastic tarpaulin, for achieved. transit to the United States. These (iii) Mexfly traps with an approved safeguards must remain intact until protein bait must be placed inside a arrival in the United States or the con- buffer area 500 meters wide around the signment will be denied entry into the registered production site, at a density United States. of 1 trap per 10 hectares and a min- (6) During the time the packinghouse imum of 10 traps. These traps must be is in use for exporting peppers to the checked at least every 7 days. At least United States, the packinghouse may one of these traps must be near the accept peppers only from registered ap- greenhouse. Traps must be set for at proved production sites. least 2 months before export, and trap- (7) The exporting country’s NPPO is ping must continue to the end of the responsible for export certification, in- harvest. spection, and issuance of phytosanitary (iv) Capture of 0.7 or more Mexflies certificates. Each consignment of pep- per trap per week will delay or suspend pers must be accompanied by a the harvest, depending on whether har- phytosanitary certificate issued by the vest has begun, for consignments of NPPO and bearing the declaration, peppers from that production site until ‘‘These peppers were grown in an ap- APHIS and the exporting country’s proved production site and the consign- NPPO can agree that the pest risk has ment has been inspected and found free been mitigated. of the pests listed in the require- (v) The greenhouse must be inspected ments.’’ The shipping box must be la- prior to harvest for those pests listed beled with the identity of the produc- in the bilateral workplan provided to tion site. APHIS by the NPPO of the exporting (Approved by the Office of Management and country, including any of the following Budget under control number 0579–0274) pests: The weevil Faustinus ovatipennis, [72 FR 39501, July 18, 2007, as amended at 76 pea leafminer, tomato fruit borer, FR 52546, Aug. 23, 2011] lantana mealybug, passionvine mealybug, melon thrips bacterial wilt, § 319.56–41 Citrus from Peru. the rust fungus Puccinia pampeana, An- Grapefruit (Citrus paradisi), limes (C. dean potato mottle virus, and tomato aurantiifolia), mandarins or tangerines severe leaf curl virus. If any of the (C. reticulata), sweet oranges (C. pests listed in the workplan, or other sinensis), and (Citrus ) quarantine pests, are found to be gen- may be imported into the continental erally infesting the greenhouse, export United States from Peru under the fol- from that production site will be halt- lowing conditions: ed until the exporting country’s NPPO (a) The fruit must be accompanied by determines that the pest risk has been a permit issued in accordance with mitigated. § 319.56–3(b). (4) The exporting country’s NPPO (b) The fruit may be imported in must maintain records of trap place- commercial consignments only. ment, checking of traps, and any (c) Grower registration and agreement. Mexfly captures. The exporting coun- The production site where the fruit is try’s NPPO must maintain an APHIS- grown must be registered for export approved quality control program to with the national plant protection or- monitor or audit the trapping program. ganization (NPPO) of Peru, and the The trapping records must be main- producer must have signed an agree- tained for APHIS’ review. ment with the NPPO of Peru whereby

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the producer agrees to participate in tor will sample and cut citrus fruits and follow the fruit fly management from each consignment to detect pest program established by the NPPO of infestation. If a single live fruit fly in Peru. any stage of development or a single E. (d) Management program for fruit flies; aurantiana is found, the consignment monitoring. The NPPO of Peru’s fruit will be held until an investigation is fly management program must be ap- completed and appropriate remedial proved by APHIS, and must require actions have been implemented. that participating citrus producers (Approved by the Office of Management and allow APHIS inspectors access to pro- Budget under control number 0579–0433)’’ at duction areas in order to monitor com- the end of the section. pliance with the fruit fly management [72 FR 39501, July 18, 2007, as amended at 80 program. The fruit fly management FR 55016, Sept. 14, 2015] program must also provide for the fol- lowing: § 319.56–42 Peppers from the Republic (1) Trapping and control. In areas of Korea. where citrus is produced for export to Peppers (Capsicum annuum L. var. the United States, traps must be placed annuum) from the Republic of Korea in fruit fly host plants at least 6 weeks may be imported into the continental prior to harvest at a rate mutually United States only under the following agreed upon by APHIS and the NPPO conditions and in accordance with all of Peru. If fruit fly trapping levels at a other applicable provisions of this sub- production site exceed the thresholds part: established by APHIS and the NPPO of (a) The peppers must be grown in the Peru, exports from that production site Republic of Korea in insect-proof will be suspended until APHIS and the greenhouses approved by and registered NPPO of Peru conclude that fruit fly with the National Plant Quarantine population levels have been reduced to Service (NPQS). an acceptable limit. Fruit fly traps are (b) The greenhouses must be equipped monitored weekly; therefore, reinstate- with double self-closing doors, and any ments of production sites will be evalu- vents or openings in the greenhouses ated on a weekly basis. (other than the double self-closing (2) Records. The NPPO of Peru or its doors) must be covered with 0.6 mm designated representative must keep screening in order to prevent the entry records that document the fruit fly of pests into the greenhouse. trapping and control activities in areas (c) The greenhouses must be in- that produce citrus for export to the spected monthly throughout the grow- United States. All trapping and control ing season by NPQS to ensure records kept by the NPPO of Peru or phytosanitary procedures are employed its designated representative must be to exclude plant pests and diseases, and made available to APHIS upon request. that the screens are intact. (e) Cold treatment. The fruit, except (d) The peppers must be packed with- for limes (C. aurantiifolia), must be cold in 24 hours of harvest in a pest-exclu- treated for Anastrepha fraterculus, A. sionary packinghouse. During the time obliqua, A. serpentina, and Ceratitis the packinghouse is in use for export- capitata (Mediterranean fruit fly) in ac- ing peppers to the continental United cordance with part 305 of this chapter. States, the packinghouse can accept (f) Phytosanitary inspection. Each con- peppers only from registered approved signment of fruit must be accompanied production sites. The peppers must be by a phytosanitary certificate issued safeguarded by an insect-proof mesh by the NPPO of Peru stating that the screen or plastic tarpaulin while in fruit has been inspected and found free transit from the production site to the of Ecdytolopha aurantiana. packinghouse and while awaiting pack- (g) Port of first arrival sampling. Citrus ing. The peppers must be packed in in- fruits imported from Peru are subject sect-proof cartons or containers, or to inspection by an inspector at the covered with insect-proof mesh or plas- port of first arrival into the United tic tarpaulin, for transit to the conti- States in accordance with § 319.56–3(d). nental United States. These safeguards At the port of first arrival, an inspec- must remain intact until the arrival of

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the peppers in the United States or the (b) Immature ‘‘baby’’ carrots (Daucus consignment will not be allowed to carota L. ssp. sativus) for consumption enter the United States. measuring 10 to 18 millimeters (0.39 to (e) Each consignment of peppers 0.71 inches) in diameter and 50 to 105 must be accompanied by a millimeters (1.97 to 4.13 inches) in phytosanitary certificate of inspection length may be imported into the conti- issued by NPQS bearing the following nental United States from Zambia only additional declaration: ‘‘These peppers under the following conditions: were grown in greenhouses in accord- (1) The production site, which is a ance with the conditions in 7 CFR field, where the carrots have been 319.56–42 and were inspected and found grown must have been inspected at free from Agrotis segetum, Helicoverpa least once during the growing season armigera, Helicoverpa assulta, Mamestra and before harvest for the following brassicae, Monilinia fructigena, Ostrinia pest: Meloidogyne ethiopica. furnacalis, Scirtothrips dorsalis, (2) After harvest, the carrots must be Spodoptera litura, and Thrips palmi.’’ inspected by the NPPO of Zambia and (f) The peppers must be imported in found free of the pests listed in para- commercial consignments only. graph (b)(1) of this section before the (Approved by the Office of Management and carrots may be shipped to the conti- Budget under control number 0579–0282) nental United States. (3) The carrots must be inspected at § 319.56–43 Baby corn and baby car- the port of first arrival as provided in rots from Zambia. § 319.56–3(d). (a) Immature, dehusked ‘‘baby’’ (4) Each consignment must be accom- sweet corn (Zea mays L.) measuring 10 panied by a phytosanitary certificate to 25 millimeters (0.39 to 0.98 inches) in issued by the NPPO of Zambia that in- diameter and 60 to 105 millimeters (2.36 cludes an additional declaration stat- to 4.13 inches) in length may be im- ing that the carrots have been in- ported into the continental United spected and found free of Meloidogyne States from Zambia only under the fol- ethiopica based on field and packing- lowing conditions and in accordance house inspections. with all other applicable provisions of (5) The carrots must be free from this subpart: leaves and soil. (1) The production site, which is a (6) The carrots may be imported in field, where the corn has been grown commercial consignments only. must have been inspected at least once (Approved by the Office of Management and during the growing season and before Budget under control number 0579–0284) harvest for the following pest: Phomopsis jaczewskii. § 319.56–44 Untreated grapefruit, (2) After harvest, the corn must be sweet oranges, and tangerines from inspected by Zambia’s national plant Mexico for processing. protection organization (NPPO) and Untreated grapefruit (Citrus paradisi), found free of the pests listed in para- sweet oranges (Citrus sinensis), and tan- graph (a)(1) of this section before the gerines (Citrus reticulata) may be im- corn may be shipped to the continental ported into the United States from United States. Mexico for extracting juice if they (3) The corn must be inspected at the originate from production sites in Mex- port of first arrival as provided in ico that are approved by APHIS be- § 319.56–3(d). cause they meet the following condi- (4) Each consignment must be accom- tions and any other conditions deter- panied by a phytosanitary certificate mined by the Administrator to be nec- issued by the NPPO of Zambia that in- essary to mitigate the pest risk that cludes an additional declaration stat- such fruits pose and in accordance with ing that the corn has been inspected all other applicable provisions of this and found free of Phomopsis jaczewskii subpart: based on field and packinghouse in- (a) Application of sterile insect tech- spections. nique. Production sites, and a sur- (5) The corn may be imported in com- rounding 1.5 mile buffer area, must be mercial consignments only. administered under an APHIS-approved

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preventative release program using tive release program using sterile in- sterile insect technique for the Mexi- sect technique for Mexican fruit fly. can fruit fly (Anastrepha ludens). (h) Compliance agreements. Processing (b) Fruit fly trapping protocol. (1) Trap- plants within the United States must ping densities. In areas where grape- enter into a compliance agreement fruit, sweet oranges, and tangerines are with APHIS in order to handle grape- produced for export to the United fruit, sweet oranges, and tangerines States, APHIS approved traps and imported from Mexico in accordance lures must be placed in production with this section. APHIS will only sites and a surrounding 1.5 mile buffer enter into compliance agreements with areas as follows: facilities that handle and process (i) For Mexican fruit fly (Anastrepha grapefruit, sweet oranges, and tan- ludens) and sapote fruit fly (A. gerines from Mexico in such a way as serpentina): One trap per 50 hectares. to eliminate any risk that exotic fruit (ii) For Mediterranean fruit fly flies could be disseminated into the (Ceratitis capitata): One to four traps United States, as determined by per 250 hectares. APHIS. (2) Fruit fly catches. Upon trapping of a Mexican fruit fly, sapote fruit fly, or (Approved by the Office of Management and Mediterranean fruit fly in a production Budget under control number 0579–0264) site or buffer area, exports from that production site are prohibited until the § 319.56–45 Shelled garden peas from Kenya. Administrator determines that the phytosanitary measures taken have Garden peas (Pisum sativum) may be been effective to allow the resumption imported into the continental United of export from that production site. States from Kenya only under the fol- (3) Monitoring. The trapping program lowing conditions and in accordance must be monitored under an APHIS-ap- with all other applicable provisions of proved quality control program. this subpart: (c) Safeguarding. Fruit must be safe- (a) The peas must be shelled from the guarded against fruit fly infestation pod. using methods approved by APHIS (b) The peas must be washed in dis- from the time of harvest until proc- infectant water at 3 to 5 °C containing essing in the United States. 50 ppm chlorine. (d) Phytosanitary certificate. Each con- (c) Each shipment of peas must be ac- signment must be accompanied by a companied by a phytosanitary certifi- phytosanitary certificate issued by cate of inspection issued by the na- Mexico’s national plant protection or- tional plant protection organization of ganization that contains additional Kenya bearing the following additional declarations stating that the require- declaration: ‘‘These peas have been ments of paragraphs (a), (b), and (c) of shelled and washed in accordance with this section have been met. 7 CFR 319.56–45 and have been inspected (e) Ports. The harvested fruit may and found free of pests.’’ enter the United States only through a port of entry located in one of the (Approved by the Office of Management and Texas counties listed in § 301.64–3(c) of Budget under control number 0579–0302) this chapter. § 319.56–46 Mangoes from India. (f) Route of transit. Harvested fruit must travel on the most direct route to Mangoes (Mangifera indica) may be the processing plant from its point of imported into the continental United entry into the United States as speci- States from India only under the fol- fied in the import permit. Such fruit lowing conditions: may not enter or transit areas other (a) The mangoes must be treated than the Texas counties listed in with irradiation for plant pests of the § 301.64–3(c) of this chapter. class Insecta, except pupae and adults (g) Approved destinations. Processing of the order in accordance plants within the United States must with part 305 of this chapter. be located within an area in Texas that (b) The risks presented by is under an APHIS-approved preventa- Cytosphaera mangiferae and Macrophoma

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mangiferae must be addressed in one of § 319.56–47 Certain fruits from Thai- the following ways: land. (1) The mangoes are treated with a Litchi (Litchi chinensis), longan broad-spectrum post-harvest fungicidal (Dimocarpus longan), mango (Mangifera dip; or indica), mangosteen (Garcinia (2) The orchard of origin is inspected mangoestana L.), pineapple (Ananas prior to the beginning of harvest as de- comosus), and rambutan (Nephelium termined by the mutual agreement be- lappaceum L.) may be imported into the tween APHIS and the national plant United States from Thailand only protection organization (NPPO) of under the following conditions: India and the orchard is found free of (a) Growing conditions. Litchi, longan, Cytosphaera mangiferae and Macrophoma mango, mangosteen, pineapple, and rambutan must be grown in a produc- mangiferae; or tion area that is registered with and (3) The orchard of origin is treated monitored by the national plant pro- with a broad-spectrum fungicide during tection organization of Thailand. the growing season and is inspected (b) Treatment. Litchi, longan, mango, prior to the beginning of harvest as de- mangosteen, pineapple, and rambutan termined by the mutual agreement be- must be treated for plant pests of the tween APHIS and the NPPO of India class Insecta, except pupae and adults and the fruit found free of Cytosphaera of the order Lepidoptera, with irradia- mangiferae and Macrophoma mangiferae. tion in accordance with part 305 of this (c) Each consignment of mangoes chapter. must be inspected by APHIS and the (c) Phytosanitary certificates. (1) Li- NPPO of India as part of the required tchi must be accompanied by a inspection activities at a time and in a phytosanitary certificate with an addi- manner determined by mutual agree- tional declaration stating that the li- ment between APHIS and the NPPO of tchi have been inspected and found to India. be free of Peronophythora litchi. (2) Longan, mango, mangosteen, (d) The risks presented by pineapple, and rambutan must be ac- Cytosphaera mangiferae, Macrophoma companied by a phytosanitary certifi- mangiferae, and Xanthomonas cate. campestris pv. mangiferaeindicae must (d) Labeling. In addition to meeting be addressed by inspection. the labeling requirements in part 305 of (e) Each consignment of fruit must this chapter, cartons in which litchi be inspected by APHIS and the NPPO and longan are packed must be of India and accompanied by a stamped ‘‘Not for importation into or phytosanitary certificate issued by the distribution in FL.’’ NPPO of India with two additional dec- larations confirming that: [72 FR 48548, Aug. 24, 2007, as amended at 75 FR 4253, Jan. 26, 2010; 77 FR 42624, July 20, (1) The mangoes were subjected to 2012] one of the pre- or post-harvest mitiga- tion options described in § 319.56–46(b) § 319.56–48 Conditions governing the and entry of baby squash and baby (2) The mangoes were inspected and courgettes from Zambia. found free of Cytosphaera mangiferae, Baby squash (Curcurbita maxima Macrophoma mangiferae, and Duchesne) and baby courgettes (C. Xanthomonas campestris pv. pepo. L.) measuring 10 to 25 millime- mangiferaeindicae. ters (0.39 to 0.98 inches) in diameter (f) The mangoes may be imported in and 60 to 105 millimeters (2.36 to 4.13 commercial consignments only. inches) in length may be imported into the continental United States from (Approved by the Office of Management and Zambia only under the conditions de- Budget under control number 0579–0312) scribed in this section. These condi- [72 FR 39501, July 18, 2007, as amended at 75 tions are designed to prevent the intro- FR 4253, Jan. 26, 2010; 77 FR 42624, July 20, duction of the following quarantine 2012; 77 FR 58471, Sept. 21, 2012; 81 FR 45387, pests: Aulacaspis tubercularis, Dacus July 14, 2016] bivitattus, Dacus ciliatus, Dacus frontalis,

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Dacus lounsburyii, Dacus punctatifrons, houses at a density of four traps per Dacus vertebratus, Diaphania indica, hectare, with a minimum of at least Helicoverpa armigera, and Spodoptera two traps per greenhouse. The traps littoralis. must be serviced at least once every 7 (a) Approved greenhouses. The baby days. If a Dacus spp. fruit fly is found squash and baby courgettes must be in a trap inside the greenhouse, the grown in Zambia in insect-proof, pest- Zambian NPPO will immediately pro- free greenhouses approved jointly by hibit that greenhouse from exporting the Zambian national plant protection baby squash or baby courgettes to the organization (NPPO) and APHIS. United States and notify APHIS of the (1) The greenhouses must be equipped action. The prohibition will remain in with double self-closing doors. effect until the Zambian NPPO and (2) Any vents or openings in the APHIS agree that the risk has been greenhouses (other than the double mitigated. self-closing doors) must be covered (2) Outside the greenhouse. (i) Ap- with 1.6 mm screening in order to pre- proved fruit fly traps with an approved vent the entry of pests into the green- protein bait must be placed inside a house. buffer area 500 meters wide around the (3) The greenhouses must be in- greenhouse at a density of 1 trap per 10 spected periodically by the Zambian hectares, with a total of at least 10 NPPO or its approved designee to en- traps. At least one of these traps must sure that sanitary procedures are em- be placed near the greenhouse. These ployed to exclude plant pests and dis- traps must be serviced at least once eases and to verify that the screening every 7 days. is intact. (ii) No shade trees are permitted (4) The greenhouses also must be in- within 10 meters of the entry door of spected monthly for the quarantine the greenhouse, and no fruit fly host pests listed in the introductory text of plants are permitted within 50 meters this section by the Zambian NPPO or of the entry door of the greenhouse. its approved designee, beginning 2 While trapping is being conducted, no months before harvest and continuing fruit fly host material (such as fruit) for the duration of the harvest. APHIS may be brought into the greenhouse or must be allowed to inspect or monitor be discarded within 50 meters of the the greenhouses during this period as entry door of the greenhouse. Ground well. If, during these inspections, any applications of an approved protein of the quarantine pests listed in the in- bait spray for the Dacus spp. fruit flies troductory text of this section is found must be used on all shade trees and inside the greenhouse, the Zambian host plants within 200 meters sur- NPPO will immediately prohibit that rounding the greenhouse every 6 to 10 greenhouse from exporting baby squash days starting at least 30 days before or baby courgettes to the United and during harvest. States and notify APHIS of the action. (iii) Dacus spp. fruit fly prevalence The prohibition will remain in effect levels lower than 0.7 flies per trap per until the Zambian NPPO and APHIS week (F/T/W) must be maintained out- agree that the risk has been mitigated. side the greenhouse for the duration of (b) Trapping for Dacus spp. fruit flies. the trapping. If the F/T/W is 0.7 or Trapping for Dacus bivitattus, Dacus greater outside the greenhouse, the ciliatus, Dacus frontalis, Dacus Zambian NPPO will immediately pro- lounsburyii, Dacus punctatifrons, and hibit that greenhouse from exporting Dacus vertebratus (referred to in para- baby squash or baby courgettes to the graph (b) of this section, collectively, United States and notify APHIS of the as Dacus spp. fruit flies) is required action. The prohibition will remain in both inside and outside the greenhouse. effect until the Zambian NPPO and Trapping must be conducted beginning APHIS agree that the risk has been 2 months before harvest and continue mitigated. for the duration of the harvest. (3) Records and monitoring. The Zam- (1) Inside the greenhouse. Approved bian NPPO or its approved designee fruit fly traps with an approved protein must maintain records of trap place- bait must be placed inside the green- ment, trap servicing, and any Dacus

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spp. captures. The Zambian NPPO § 319.56–49 Eggplant from Israel. must maintain an APHIS-approved quality control program to audit the Eggplant (Solanum melongena L.) may trapping program. APHIS must be be imported into the continental given access to review 1 year’s worth of United States from Israel only under trapping data for any approved green- the conditions described in this sec- house upon request. tion. These conditions are designed to (c) Packinghouse procedures. Baby prevent the introduction of the fol- squash and baby courgettes must be lowing quarantine pests: Ceratitis packed within 24 hours of harvest in a capitata, Eutetranychus orientalis, pest-exclusionary packinghouse. No Helicoverpa armigera, Nipaecoccus viridis, shade trees are permitted within 10 me- Scirtothrips dorsalis, and Spodoptera ters of the entry door of the packing- littoralis. house, and no fruit fly host plants are (a) Approved pest-exclusionary struc- permitted within 50 meters of the entry tures. The eggplant must be grown in door of the packinghouse. In addition, pest-exclusionary structures in ap- during packing, no fruit fly host mate- proved production sites in the Arava rial other than the baby squash and Valley of Israel by growers registered baby courgettes may be brought into with the Israeli national plant protec- the packinghouse, and no fruit fly host tion organization (NPPO). Initial ap- material may be discarded within 50 proval of the production sites must be meters of the entry door of the pack- completed jointly by the Israeli NPPO inghouse. The baby squash or baby and APHIS. courgettes must be safeguarded by a (1) The pest-exclusionary structures pest-proof screen or plastic tarpaulin must be equipped with double self-clos- while in transit to the packinghouse ing doors. and while awaiting packing. The baby (2) Any vents or openings in the pest- squash or baby courgettes must be exclusionary structures (other than the packed in insect-proof cartons for ship- double self-closing doors) must be cov- ment to the United States. These car- ered with 1.6 mm or smaller screening tons must be labeled with the identity in order to prevent the entry of pests of the greenhouse. While packing the into the pest-exclusionary structure. baby squash or baby courgettes for ex- (3) The pest-exclusionary structures port to the United States, the packing- must be inspected periodically by the house may only accept baby squash or Israeli NPPO or its approved designee baby courgettes from approved green- to ensure that sanitary procedures are houses. These safeguards must remain employed to exclude plant pests and intact until the arrival of the baby diseases and to verify that the screen- squash or baby courgettes in the ing is intact. United States. If the safeguards do not (4) The pest-exclusionary structures remain intact, the consignment will also must be inspected monthly for the not be allowed to enter the United quarantine pests listed in the introduc- States. tory text of this section by the Israeli (d) Commercial consignments. Baby NPPO or its approved designee, begin- squash and baby courgettes from Zam- ning 2 months before harvest and con- bia may be imported in commercial tinuing for the duration of the harvest. consignments only. APHIS must be granted access to in- (e) Phytosanitary certificate. Each con- signment of baby squash and baby spect or monitor the pest-exclusionary courgettes must be accompanied by a structures during this period as well. phytosanitary certificate of inspection If, during these inspections, any quar- issued by the Zambian NPPO with an antine pests listed in the introductory additional declaration reading as fol- text of this section are found inside a lows: ‘‘These baby squash or baby pest-exclusionary structure, the Israeli courgettes were produced in accord- NPPO will immediately prohibit that ance with 7 CFR 319.56–48.’’ pest-exclusionary structure from ex- porting eggplant to the continental (Approved by the Office of Management and United States and notify APHIS of the Budget under control number 0579–0347) action. The prohibition will remain in [73 FR 76867, Dec. 18, 2008] effect until the Israeli NPPO and

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APHIS agree that the risk has been inghouse. While packing the eggplant mitigated. for export to the continental United (b) Trapping for Medfly. Trapping for States, the packinghouse may only ac- Mediterranean fruit fly (Medfly, cept eggplant from approved pest-ex- Ceratitis capitata) is required both in- clusionary structures. No shade trees side and outside the pest-exclusionary are permitted within 10 meters of the structures. Trapping must begin 2 entry door of the packinghouse, and no months before harvest and continue for fruit fly host plants are permitted the duration of the harvest. within 50 meters of the entry door of (1) Inside the pest-exclusionary struc- the packinghouse. The eggplant must tures. APHIS-approved fruit fly traps be safeguarded by a pest-proof screen with an approved protein bait must be or plastic tarpaulin while in transit to placed inside the pest-exclusionary the packinghouse and while awaiting structures at a density of four traps packing. Packinghouse procedures per hectare, with a minimum of at must include culling of any visibly least two traps per pest-exclusionary damaged, overripe, or infested egg- structure. The traps must be serviced plant. The eggplant must be packed in at least once every 7 days. If a single either individual insect-proof cartons Medfly is found in a trap inside a pest- or boxes labeled with the specific place exclusionary structure, the Israeli of origin or non-insect-proof cartons or NPPO will immediately prohibit that boxes that are covered by insect-proof pest-exclusionary structure from ex- mesh or plastic tarpaulins. Covered porting eggplant to the continental non-insect-proof cartons or boxes must United States and notify APHIS of the be placed in shipping containers that action. The prohibition will remain in have identification labels indicating effect until the Israeli NPPO and the specific place of origin. These safe- APHIS agree that the risk has been guards must remain intact until the mitigated. arrival of the eggplant in the conti- (2) Outside the pest-exclusionary struc- nental United States or the consign- tures. (i) No shade trees are permitted ment will not be allowed to enter the within 10 meters of the entry door of continental United States. the pest-exclusionary structures, and (d) Commercial consignments. Eggplant no fruit fly host plants are permitted from Israel may be imported in com- within 50 meters of the entry door of mercial consignments only. the pest-exclusionary structures. While (e) Phytosanitary certificate. Each con- trapping is being conducted, no fruit signment of eggplant must be accom- fly host material (such as fruit) may be panied by a phytosanitary certificate brought into the pest-exclusionary of inspection issued by the Israeli NPPO with an additional declaration structures or be discarded within 50 reading as follows: ‘‘The eggplant in meters of the entry door of the pest-ex- this consignment has been grown in an clusionary structures. approved production site and inspected (ii) A treatment jointly approved by and found free of the pests listed in 7 the Israeli NPPO and APHIS must be CFR 319.56–49.’’ applied for the duration of the eggplant harvest in the areas of the Arava Val- [74 FR 26513, June 3, 2009] ley where fruit fly host material occurs in backyards. § 319.56–50 Hass avocados from Peru. (iii) Trapping for Medfly must be Fresh Hass variety avocados (Persea conducted by the Israeli NPPO or its americana P. Mill.) may be imported approved designee throughout the year into the continental United States in the agricultural region along the from Peru only under the conditions Arava Highway 90 and in the residen- described in this section. These condi- tial area of Paran. tions are designed to prevent the intro- (iv) Trapping records must be kept duction of the following quarantine and made available for APHIS review pests: Anastrepha fraterculus (Wiede- upon request. mann), the South American fruit fly; (c) Packinghouse procedures. The egg- Ceratitis capitata (Wiedemann), the plant must be packed within 24 hours Mediterranean fruit fly; Coccus viridis of harvest in a pest-exclusionary pack- (Green), the green scale; Ferrisia

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malvastra (McDaniel), a mealybug; and (4) The NPPO of Peru must retain all Stenoma catenifer Walsingham, the avo- forms and documents related to export cado seed moth. program activities in places of produc- (a) General requirements. (1) The na- tion and packinghouses for at least 1 tional plant protection organization year and, as requested, provide them to (NPPO) of Peru must provide a APHIS for review. workplan to APHIS that details the ac- (c) Grove sanitation. Avocado fruit tivities that the NPPO of Peru will, that has fallen from the trees must be subject to APHIS’ approval of the removed from each place of production workplan, carry out to meet the re- at least once every 7 days, starting 2 quirements of this section. The NPPO months before harvest and continuing of Peru must also establish a trust to the end of harvest. Fallen avocado fund in accordance with § 319.56–6. fruit may not be included in field con- (2) The avocados must be grown at tainers of fruit brought to the packing- places of production that are registered house to be packed for export. with the NPPO of Peru and that meet (d) Surveys for S. catenifer. (1) Peru- the requirements of this section. vian departamentos in which avocados (3) The avocados must be packed for are grown for export to the United export to the United States in packing- States must be surveyed by the NPPO houses that are registered with the of Peru at least once annually, no more than 2 months before harvest begins, NPPO of Peru and that meet the re- and found to be free from infestation quirements of this section. by S. catenifer. APHIS must approve (4) Avocados from Peru may be im- the survey protocol used to determine ported in commercial consignments and maintain pest-free status and the only. actions to be performed if S. catenifer is (b) Monitoring and oversight. (1) The detected. Surveys must include rep- NPPO of Peru must visit and inspect resentative areas from all parts of each registered places of production month- registered place of production in each ly, starting at least 2 months before departamento. The NPPO of Peru must harvest and continuing until the end of cut and inspect a biometric sample of the shipping season, to verify that the fruit at a rate determined by APHIS. growers are complying with the re- Fruit sampled must be either from the quirements of paragraphs (c) and (e) of upper half of the tree or from the this section and follow pest control ground. Sampled fruit must be cut and guidelines, when necessary, to reduce examined for the presence of eggs and quarantine pest populations. Any per- larvae of S. catenifer in the pulp or seed sonnel conducting trapping and pest and for the presence of eggs in the ped- surveys under paragraph (d) of this sec- icel. tion must be trained and supervised by (2) If one or more S. catenifer is de- the NPPO of Peru. APHIS may monitor tected in the annual survey, or during the places of production if necessary. any other monitoring or inspection ac- (2) In addition to conducting fruit in- tivity, the affected place of production spections at the packinghouses, the will be immediately suspended from NPPO of Peru must monitor packing- the export program until appropriate house operations to verify that the measures to reestablish pest freedom, packinghouses are complying with the agreed upon by the NPPO of Peru and requirements of paragraph (f) of this APHIS, have been taken. The NPPO of section. Peru must keep records of S. catenifer (3) If the NPPO of Peru finds that a detections for each orchard, update the place of production or packinghouse is records each time the orchards are sur- not complying with the requirements veyed, and make the records available of this section, no fruit from the place to APHIS inspectors upon request. The of production or packinghouse will be records must be maintained for at least eligible for export to the United States 1 year after the beginning of the har- until APHIS and the NPPO of Peru vest. conduct an investigation and appro- (e) Harvesting requirements. Harvested priate remedial actions have been im- avocados must be placed in field car- plemented. tons or containers that are marked

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with the official registration number of from each place of production at a rate the place of production. The place of to be determined by APHIS. The in- production where the avocados were spectors must visually inspect for the grown must remain identifiable when quarantine pests listed in the introduc- the fruit leaves the grove, at the pack- tory text of this section and must cut inghouse, and throughout the export fruit to inspect for S. catenifer. If any process. The fruit must be moved to a quarantine pests are detected in this registered packinghouse within 3 hours inspection, the place of production of harvest or must be protected from where the infested avocados were fruit fly infestation until moved. The grown will immediately be suspended fruit must be safeguarded by an insect- from the export program until an in- proof screen or plastic tarpaulin while vestigation has been conducted by in transit to the packinghouse and APHIS and the NPPO of Peru and ap- while awaiting packing. propriate mitigations have been imple- (f) Packinghouse requirements. (1) Dur- mented. ing the time registered packinghouses (h) Phytosanitary certificate. Each con- are in use for packing avocados for ex- signment of Hass avocados imported port to the United States, the packing- from Peru into the United States must houses may only accept avocados that be accompanied by a phytosanitary are from registered places of produc- certificate issued by the NPPO of Peru tion and that are produced in accord- with an additional declaration stating ance with the requirements of this sec- that the avocados in the consignment tion. were grown, packed, and inspected and (2) Avocados must be packed within found to be free of pests in accordance 24 hours of harvest in an insect-exclu- with the requirements of 7 CFR 319.56– sionary packinghouse. All openings to 50. the outside of the packinghouse must be covered by screening with openings (Approved by the Office of Management and Budget under control number 0579–0355) of not more than 1.6 mm or by some other barrier that prevents pests from [75 FR 11, Jan. 4, 2010, as amended at 76 FR entering. The packinghouse must have 43807, July 22, 2011] double doors at the entrance to the fa- cility and at the interior entrance to § 319.56–51 Shepherd’s purse with roots from the Republic of Korea. the area where the avocados are packed. Shepherd’s purse (Capsella bursa- (3) Before packing, all avocados must pastoris (L.) Medick) with roots from be cleaned of all plant debris. the Republic of Korea may be imported (4) Fruit must be packed in insect- only under the following conditions: proof packaging, or covered with in- (a) The shepherd’s purse with roots sect-proof mesh or a plastic tarpaulin, must be grown in a pest-free place of for transport to the United States. production that is registered with the These safeguards must remain intact national plant protection organization until arrival in the United States. (NPPO) of the Republic of Korea. (5) Shipping documents accom- Fields must be certified free of the panying consignments of avocados quarantine nematodes Hemicycliophora from Peru that are exported to the koreana, Paratylenchus pandus, United States must include the official Rotylenchus orientalis, and Rotylenchus registration number of the place of pro- pini by sampling and microscopic in- duction at which the avocados were spection of the samples by the NPPO of grown and must identify the packing the Republic of Korea. The sampling shed or sheds in which the fruit was and inspection protocol must be processed and packed. This identifica- preapproved by APHIS. tion must be maintained until the fruit (b) The shepherd’s purse with roots is released for entry into the United must be free from soil. States. (c) The shepherd’s purse with roots (g) NPPO of Peru inspection. Fol- must be imported in commercial ship- lowing any post-harvest processing, in- ments only. spectors from the NPPO of Peru must (d) Each consignment of shepherd’s inspect a biometric sample of fruit purse with roots must be accompanied

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by a phytosanitary certificate of in- start of harvest and continue until the spection issued by the NPPO of the Re- end of harvest. public of Korea stating that the ship- (1) Inside the pest-exclusionary struc- ment has been inspected and found free tures. APHIS-approved traps with an of quarantine pests with an additional APHIS-approved protein bait must be declaration stating that the shepherd’s placed inside the pest-exclusionary purse with roots has been produced and structures at a density of at least two inspected in accordance with the re- traps per pest-exclusionary structure. quirements of 7 CFR 319.56–51. The traps must be serviced at least (Approved by the Office of Management and once per week. If a single B. depressa is Budget under control number 0579–0366) captured in a trap inside a pest-exclu- sionary structure, the NPPO of the Re- [76 FR 44457, July 26, 2011] public of Korea will immediately pro- § 319.56–52 Tomatoes with stems from hibit that pest-exclusionary structure the Republic of Korea. from exporting tomatoes to the United States and notify APHIS of the action. Fresh tomatoes with stems (Solanum The prohibition will remain in effect lycopersicum L.) (Synonym: until the NPPO of the Republic of Lycopersicon esculentum P. Mill.) may be imported into the United States Korea and APHIS agree that the risk from the Republic of Korea only under has been mitigated. the conditions described in this sec- (2) Outside the pest-exclusionary struc- tion. These conditions are designed to tures. APHIS-approved traps with an prevent the introduction of the fol- approved protein bait must be placed in lowing quarantine pests: Bactrocera a 500-meter-wide buffer area around the depressa, Heliocoverpa armigera, registered pest-exclusionary structure Heliocoverpa assulta, Mamestra brassicae, at a density of one trap per 10 hectares. Ostrinia furnacalis, Scirtothrips dorsalis, During the months of March through and Thrips palmi. November, at least one trap must be (a) Registered pest-exclusionary struc- placed in the buffer area near each tures. The tomatoes must be grown in pest-exclusionary structure. The traps pest-exclusionary structures that are must be serviced at least once per registered with the national plant pro- week. If three B. depressa are found in- tection organization (NPPO) of the Re- side the buffer zone within 2 kilometers public of Korea and approved by the of each other within a 30-day period, NPPO of the Republic of Korea and the NPPO of the Republic of Korea will APHIS. immediately prohibit all registered (1) The pest-exclusionary structures pest-exclusionary structures within 2 must be equipped with double self-clos- kilometers of the finds from exporting ing doors. tomatoes to the United States and no- (2) Any vents or openings in the pest- tify APHIS of the action. The prohibi- exclusionary structures (other than the tion will remain in effect until the double self-closing doors) must be cov- NPPO of the Republic of Korea and ered with 1.6 mm or smaller screening APHIS agree that the risk has been in order to prevent the entry of pests mitigated. into the pest-exclusionary structures. (3) Records of trap placement, trap (3) The pest-exclusionary structures servicing, and fruit fly captures for must be inspected monthly throughout each pest-exclusionary structure must the growing season (March through No- be kept for at least 1 year and trapping vember) by the NPPO of the Republic records provided to the NPPO of the of Korea or its approved designee to en- Republic of Korea each month. The sure that phytosanitary procedures are NPPO of the Republic of Korea must employed to exclude plant pests and make the records available to APHIS diseases and to verify that the screen- for review upon request. ing is intact. (c) Packinghouse procedures. The to- (b) Trapping for Bactrocera depressa. matoes must be packed within 24 hours Trapping for B. depressa is required of harvest in a pest-exclusionary pack- both inside and outside the pest-exclu- inghouse. During the time the packing- sionary structures. Trapping must house is in use for exporting tomatoes begin at least 2 months prior to the to the United States, the packinghouse

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may only accept tomatoes from reg- vide a workplan to APHIS that details istered pest-exclusionary structures. A the activities that the NPPO of Chile random sample of fruit per lot, as de- will, subject to APHIS’ approval of the termined by the NPPO of the Republic workplan, carry out to meet the re- of Korea and agreed to by APHIS, must quirements of this section. be inspected for external pests and the (b) Production site registration. The fruit must be cut to reveal internal production site where the fruit is pests. Each sample must be of suffi- grown must be registered with the cient size in order to detect pest infes- NPPO of Chile. Harvested kiwi and tations. Any damaged, diseased, or in- baby kiwi must be placed in field car- fested fruit should be removed and sep- tons or containers that are marked to arated from the commodity destined show the official registration number for export. The tomatoes must be safe- of the production site. Registration guarded by an insect-proof mesh, must be renewed annually. screen, or plastic tarpaulin while in (c) Low-prevalence production site cer- transit from the production site to the tification. The fruit must originate packinghouse and while awaiting pack- from a low-prevalence production site ing. The tomatoes must be packed in to be imported under the conditions in insect-proof cartons or containers, or this section. Between 1 and 30 days covered with insect-proof mesh or plas- prior to harvest, random samples of tic tarpaulin, for transit to the United fruit must be collected from each reg- States. These safeguards must remain istered production site under the direc- intact until the arrival of the tomatoes tion of the NPPO of Chile. These sam- in the United States or the consign- ples must undergo a pest detection and ment will not be allowed to enter the evaluation method as follows: The fruit United States. must be washed using a flushing meth- (d) Commercial consignments. Toma- od, placed in a 20- mesh sieve on top of toes with stems from the Republic of a 200-mesh sieve, sprinkled with a liq- Korea may be imported in commercial uid soap and water solution, washed consignments only. with water at high pressure, and (e) Phytosanitary certificate. Each con- washed with water at low pressure. The signment of tomatoes must be accom- process must then be repeated. The panied by a phytosanitary certificate contents of the 200-mesh sieve must of inspection issued by the NPPO of the then be placed on a petri dish and ana- Republic of Korea bearing the fol- lyzed for the presence of live lowing additional declaration: ‘‘Toma- Brevipalpus chilensis mites. If a single toes in this consignment were grown in live B. chilensis mite is found, the pro- pest-exclusionary structures in accord- duction site will not qualify for certifi- ance with 7 CFR 319.56–52 and were in- cation as a low-prevalence production spected and found free from Bactrocera site. Each production site may have depressa, Heliocoverpa armigera, only one opportunity per season to Heliocoverpa assulta, Mamestra brassicae, qualify as a low-prevalence production Ostrinia furnacalis, Scirtothrips dorsalis, site, and certification of low preva- and Thrips palmi.’’ lence will be valid for one harvest sea- (Approved by the Office of Management and son only. The NPPO of Chile will Budget under control number 0579–0371) present a list of certified production [76 FR 63150, Oct. 12, 2011] sites to APHIS. (d) Post-harvest processing. After har- § 319.56–53 Fresh kiwi and baby kiwi vest, all damaged or diseased fruits from Chile. must be culled at the packinghouse and Fresh kiwi (Actinidia deliciosa and must be packed into new, clean boxes, Actinidia chinensis) may be imported crates, or other APHIS-approved pack- into the United States from Chile, and ing containers. Each container must fresh baby kiwi (Actinidia arguta) may have a label identifying the registered be imported into the continental production site where the fruit origi- United States from Chile under the fol- nated and the packing shed where it lowing conditions: was packed. (a) The national plant protection or- (e) Phytosanitary inspection. Fruit ganization (NPPO) of Chile must pro- must be inspected in Chile at an

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APHIS-approved inspection site under L.) may be imported into the United the direction of APHIS inspectors in States from Kenya only under the con- coordination with the NPPO of Chile ditions described in this section. These following any post-harvest processing. conditions are designed to prevent the A biometric sample must be drawn and introduction of the following quar- examined from each consignment. Kiwi antine pests: Bactrocera cucurbitae, in any consignment may be shipped to Chrysodeixis chalcites, Dacus ciliatus, the United States, and baby kiwi in Helicoverpa armigera, Lampides boeticus, any consignment may be shipped to the Liriomyza huidobrensis, Maconellicoccus continental United States, under the hirsutus, Maruca vitrata, Spodoptera conditions of this section only if the littoralis, and Thaumatotibia leucotreta. consignment passes inspection as fol- (a) Packinghouse requirements. The lows: beans must be packed in packing facili- (1) Fruit presented for inspection ties that are approved and registered must be identified in the shipping doc- with Kenya’s national plant protection uments accompanying each lot of fruit organization (NPPO). Each shipping to specify the production site or sites box must be marked with the identity in which the fruit was produced and of the packing facility. the packing shed or sheds in which the fruit was processed. This identification (b) Post-harvest processing. The beans must be maintained until the fruit is must be washed in potable water. Each released for entry into the United bean pod must be either cut into chev- States. rons or pieces that do not exceed 2 cen- (2) A biometric sample of the boxes, timeters in length, or shredded or split crates, or other APHIS-approved pack- the length of the bean pod. Split or ing containers from each consignment shredded bean pod pieces may not ex- will be selected by the NPPO of Chile, ceed 8 centimeters in length and 8.5 and the fruit from these boxes, crates, millimeters in diameter. or other APHIS-approved packing con- (c) Commercial consignments. French tainers will be visually inspected for beans and runner beans must be im- quarantine pests. A portion of the fruit ported as commercial consignments must be washed with soapy water and only. the collected filtrate must be micro- (d) Phytosanitary certificate. Each con- scopically examined for B. chilensis. If a signment of French beans or runner single live B. chilensis mite is found beans must be accompanied by a during the inspection process, the cer- phytosanitary certificate issued by tified low-prevalence production site Kenya’s NPPO attesting that the con- where the fruit was grown will lose its ditions of this section have been met certification. and that the consignment has been in- (f) Phytosanitary certificate. Each con- spected and found free of the pests list- signment of fresh kiwi and fresh baby ed in this section. kiwi must be accompanied by a phytosanitary certificate issued by the (Approved by the Office of Management and NPPO of Chile that contains an addi- Budget under control number 0579–0373) tional declaration stating that the [76 FR 68058, Nov. 3, 2011] fruit in the consignment was inspected and found free of Brevipalpus chilensis § 319.56–55 Fresh pitaya from certain and was grown, packed, and shipped in Central American countries. accordance with the requirements of 7 Fresh pitaya fruit (Hylocereus spp.) CFR 319.56–53. may be imported into the United (Approved by the Office of Management and States from Belize, Costa Rica, El Sal- Budget under control number 0579–0374) vador, Guatemala, Honduras, Nica- [76 FR 65934, Oct. 25, 2011, as amended at 80 ragua, and Panama in accordance with FR 55741, Sept. 17, 2015] the conditions described in this sec- tion. These conditions are designed to § 319.56–54 French beans and runner prevent the introduction of the fol- beans from Kenya. lowing quarantine pests: Anastrepha French beans (Phaseolus vulgaris L.) ludens, Ceratitis capitata, Dysmicoccus and runner beans (Phaseolus coccineus neobrevipes, and Planococcus minor.

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(a) Monitoring and oversight. (1) The (4) Pitaya fruit that has fallen on the national plant protection organization ground must be removed from the place (NPPO) of the exporting country must of production at least once every 7 days provide a workplan to APHIS that de- and may not be included in field con- tails the activities that the NPPO will, tainers of fruit to be packed for export. subject to APHIS approval, carry out (5) Harvested pitaya fruit must be to meet the requirements of this sec- placed in field cartons or containers tion. APHIS will be directly involved that are marked to show the place of with the NPPO in the monitoring and production. auditing implementation of the sys- (c) Mitigation measures for C. capitata tems approach. and A. ludens—(1) Pest-free places of pro- (2) The NPPO of the exporting coun- duction. (i) Beginning at least 1 year try must conduct inspections at the before harvest begins and continuing packinghouses and monitor packing- through the end of the shipping season, house operations. Starting 2 months trapping for A. ludens and C. capitata before harvest and continuing until the must be conducted in the places of end of the shipping season, the NPPO pitaya fruit production with at least 1 of the exporting country must visit and trap per hectare of APHIS-approved inspect the places of production traps, serviced every 7 days. monthly to verify compliance with the (ii) From 2 months prior to harvest requirements of this section. If the through the end of the shipping season, NPPO finds that a packinghouse or when traps are serviced, if either A. place of production is not complying ludens or C. capitata are trapped at a with the requirements of this section, particular place of production at cumu- no fruit from the place of production or lative levels above 0.07 flies per trap packinghouse will be eligible for export per day, pesticide bait treatments must to the United States until APHIS and be applied in the affected place of pro- the NPPO have conducted an investiga- duction in order for the place of pro- tion and appropriate remedial actions duction to remain eligible to export have been implemented. pitaya fruit to the continental United States. If the average A. ludens or C. (3) The NPPO must review and main- capitata catch is greater than 0.07 flies tain all forms and documents related per trap per day for more than 2 con- to export program activities in places secutive weeks, the place of production of production and packinghouses for at is ineligible for export until the rate of least 1 year and, as requested, provide capture drops to an average of less them to APHIS for review. than 0.07 flies per trap per day. (b) Place of production requirements. (1) (iii) The NPPO must maintain The personnel conducting the trapping records of fruit fly detections for each required in paragraph (c) of this sec- trap, update the records each time the tion must be hired, trained, and super- traps are checked, and make the vised by the NPPO of the exporting records available to APHIS upon re- country. The exporting country’s quest. The records must be maintained NPPO must certify that each place of for at least 1 year for APHIS review. production has effective fruit fly trap- (2) Pest-free area for C. capitata. If the ping programs, and follows control pitaya fruit are produced in a place of guidelines, when necessary, to reduce production located in an area that is quarantine pest populations. APHIS designated as free of C. capitata in ac- may monitor the places of production. cordance with § 319.56–5, the trapping in (2) The places of production pro- paragraph (c)(1) of this section is not ducing pitaya for export to the United required for C. capitata. States must be registered with the (d) Packinghouse requirements. (1) The NPPO of the exporting country. packinghouses must be registered with (3) Trees and other structures, other the NPPO of the exporting country. than the crop itself, must not shade (2) All openings to the outside must the crop during the day. No C. capitata be covered by screening with openings or A. ludens host plants may be grown of not more than 1.6 mm or by some within 100 meters of the edge of the other barrier that prevents pests from production site. entering the packinghouses.

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(3) The packinghouses must have program until appropriate measures, double doors at the entrance to the fa- agreed upon by the NPPO of the ex- cilities and at the interior entrance to porting country and APHIS, have been the area where the pitaya fruit are taken. packed. (g) Commercial consignments. The (4) While in use for packing pitaya pitaya fruit may be imported in com- fruit for export to the United States, mercial consignments only. the packinghouses may only accept (h) Phytosanitary certificate. Each con- pitaya fruit that are from registered signment of pitaya fruit must be ac- places of production and that are pro- companied by a phytosanitary certifi- duced in accordance with the require- cate issued by the NPPO of the export- ments of this section. ing country, containing an additional (e) Post-harvest procedures. The pitaya declaration stating that the fruit in fruit must be packed within 24 hours of the consignment was produced in ac- harvest in a pest-exclusionary packing- cordance with requirements in 7 CFR house. Pitaya fruit must be packed in 319.56–55. insect-proof cartons or containers that can be sealed at the packinghouse, or (Approved by the Office of Management and covered with insect-proof mesh or a Budget under control number 0579–0378) plastic tarpaulin for transport to the [77 FR 22466, Apr. 16, 2012] United States. These safeguards must be intact upon arrival in the United § 319.56–56 Fresh pomegranates from States. Chile. (f) Phytosanitary inspection. (1) The Fresh pomegranates (Punica NPPO of the exporting country must granatum) may be imported into the visually inspect a biometric sample of continental United States from Chile pitaya fruit, jointly approved by under the following conditions: APHIS and the NPPO of the exporting (a) Production site registration. The country, for D. neobrevipes and P. minor, production site where the fruit is and cut open a portion of the fruit to grown must be registered with the na- detect A. ludens and C. capitata. If the tional plant protection organization fruit is from a pest-free area for C. (NPPO) of Chile. Harvested pome- capitata, then the fruit will only be in- granates must be placed in field car- spected for A. ludens. tons or containers that are marked to (2) The fruit are subject to inspection show the official registration number at the port of entry for all quarantine of the production site. Registration pests of concern. Shipping documents must be renewed annually. identifying the place(s) of production (b) Low-prevalence production site cer- in which the fruit was produced and tification. The fruit must originate the packing shed(s) in which the fruit from a low-prevalence production site was processed must accompany each to be imported under the conditions in lot of fruit presented for inspection at this section. Between 1 and 30 days the port of entry to the United States. prior to harvest, random samples of This identification must be maintained fruit must be collected from each reg- until the fruit is released for entry into istered production site under the direc- the United States. tion of the NPPO of Chile. These sam- (3) If D. neobrevipes or P. minor is ples must undergo a pest detection and found, the entire consignment of fruit evaluation method as follows: The fruit will be prohibited from import into the must be washed using a flushing meth- United States unless the shipment is od, placed in a 20-mesh sieve on top of treated with an approved treatment a 200-mesh sieve, sprinkled with a liq- monitored by APHIS. If inspectors (ei- uid soap and water solution, washed ther from the exporting country’s with water at high pressure, and NPPO or at the U.S. port of entry) find washed with water at low pressure. The a single fruit fly larva in a shipment, process must then be repeated. The they will reject the entire consignment contents of the 200-mesh sieve must for shipment to the United States, and then be placed on a petri dish and ana- the place of production for that ship- lyzed for the presence of live ment will be suspended from the export Brevipalpus chilensis mites. If a single

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live B. chilensis mite is found, the pro- where the fruit was grown will lose its duction site will not qualify for certifi- certification. cation as a low-prevalence production (e) Phytosanitary certificate. Each con- site. Each production site may have signment of fresh pomegranates must only one opportunity per season to be accompanied by a phytosanitary qualify as a low-prevalence production certificate issued by the NPPO of Chile site, and certification of low preva- that contains an additional declaration lence will be valid for one harvest sea- stating that the fruit in the consign- son only. The NPPO of Chile will ment was inspected and found free of present a list of certified production Brevipalpus chilensis based on field and sites to APHIS. packinghouse inspections. (c) Post-harvest processing. After har- (Approved by the Office of Management and vest, all damaged or diseased fruits Budget under control number 0579–0375) must be culled at the packinghouse and [77 FR 22665, Apr. 17, 2012] must be packed into new, clean boxes, crates, or other APHIS-approved pack- § 319.56–57 Sand pears from China. ing containers. Each container in which the fruit is packed must have a Fresh sand pears (Pyrus pyrifolia) label identifying the registered produc- from China may be imported into the tion site where the fruit originated and United States from China only under the packing shed where it was packed. the conditions described in this sec- tion. These conditions are designed to (d) Phytosanitary inspection. Fruit prevent the introduction of the fol- must be inspected in Chile at an lowing quarantine pests: Acrobasis APHIS-approved inspection site under pyrivorella, pear fruit moth; Alternaria the direction of APHIS inspectors in gaisen Nagano, the cause of black spot coordination with the NPPO of Chile of sand pear; Amphitetranychus following any post-harvest processing. viennensis (Zacher), Hawthorn spider A biometric sample must be drawn and mite; Aphanostigma iaksuiense examined from each consignment. (Kishida), an aphid; Bactrocera dorsalis, Pomegranates in any consignment may Oriental fruit fly; Caleptrimerus be shipped to the continental United neimongolensis Kuang and Geng, a mite; States under the conditions of this sec- Carposina sasakii Matsumora, peach tion only if the consignment passes in- fruit moth; Ceroplastes japonicus Green, spection as follows: Japanese wax scale; Ceroplastes rubens (1) Fruit presented for inspection Maskell, red wax scale; Conogothes must be identified in the shipping doc- punctiferalis (Guene´e), yellow peach uments accompanying each lot of fruit moth; Grapholita inopinata, Manchurian to specify the production site or sites fruit moth; Guignardia pyricola (Nose) in which the fruit was produced and W. Yamamoto, a phytopathogenic fun- the packing shed or sheds in which the gus; Monilinia fructigena Honey in fruit was processed. This identification Whetzel, the cause of brown fruit rot; must be maintained until the fruit is Phenacoccus pergandei Cockerell, a released for entry into the United mealybug; Planococcus kraunhiae States. (Kuwana), a mealybug; and Venturia (2) A biometric sample of the boxes, nashicola Tanaka and Yamamoto, pear crates, or other APHIS-approved pack- scab fungus. The conditions for impor- ing containers from each consignment tation of all fresh sand pears from will be selected by the NPPO of Chile, China are found in paragraphs (a) and the fruit from these boxes, crates, through (e) of this section; additional or other APHIS-approved packing con- conditions for sand pears imported tainers will be visually inspected for from areas of China south of the 33rd quarantine pests. A portion of the fruit parallel are found in paragraph (f) of must be washed with soapy water and this section. the collected filtrate must be micro- (a) General requirements. (1) The na- scopically examined for B. chilensis. If a tional plant protection organization single live B. chilensis mite is found (NPPO) of China must provide an oper- during the inspection process, the cer- ational workplan to APHIS that de- tified low-prevalence production site tails the activities that the NPPO of

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China will, subject to APHIS’ approval cordance with the requirements of this of the workplan, carry out to meet the section. requirements of this section. (2) Packinghouses must have a track- (2) The pears must be grown at places ing system in place to readily identify of production that are registered with all sand pears that enter the packing- the NPPO of China. house destined for export to the United (3) The pears must be packed for ex- States back to their place of produc- port to the United States in pest-exclu- tion. sionary packinghouses that are reg- (3) The NPPO of China or officials au- istered with the NPPO of China. thorized by the NPPO must inspect the (4) Sand pears from China may be im- pears for signs of pest infestation and ported in commercial consignments allow APHIS to monitor the inspec- only. tions. If any of the quarantine pests (b) Place of production requirements. (1) listed in the introductory text of this All propagative material entering a section is detected in a consignment at registered place of production must be the packinghouse, APHIS may reject tested and certified by the NPPO of the consignment. China as being free of quarantine pests. (4) Following the inspection, the (2) The place of production must packinghouse must follow a handling carry out any phytosanitary measures procedure for the pears that is mutu- specified for the place of production ally agreed upon by APHIS and the under the operational workplan. NPPO of China. (3) When any sand pears destined for (5) The pears must be packed in car- export to the United States are still on tons that are labeled with the identity the tree and are no more than 2.5 centi- of the place of production and the meters in diameter, double-layered packinghouse. paper bags must be placed wholly over (6) The cartons must be placed in in- the pears. The bags must remain intact sect-proof containers, and the con- and on the pears until the pears arrive tainers sealed. The containers of sand at the packinghouse. pears must be safeguarded during (4) The NPPO of China must visit and transport to the United States in a inspect registered places of production manner that will prevent pest infesta- prior to harvest for signs of infesta- tion. tions and allow APHIS to monitor the (d) Shipping requirements. Sealed con- inspections. The NPPO must provide tainers of sand pears destined for ex- records of pest detections and pest de- port to the United States must be held tection practices to APHIS, and APHIS in a cold storage facility while await- must approve these practices. ing export. (5) If any of the quarantine pests list- (e) Phytosanitary certificate. Each con- ed in the introductory text of this sec- signment of sand pears imported from tion is detected at a registered place of China into the United States must be production, APHIS may reject the con- accompanied by a phytosanitary cer- signment or prohibit the importation tificate issued by the NPPO of China into the United States of sand pears with an additional declaration stating from the place of production for the re- that the requirements of this section mainder of the season. The exportation have been met and the consignment to the United States of sand pears from has been inspected and found free of the place of production may resume in quarantine pests. the next growing season if an inves- (f) Additional conditions for sand pears tigation is conducted and APHIS and from areas of China south of the 33rd par- the NPPO conclude that appropriate allel. In addition to the conditions in remedial action has been taken. paragraphs (a) through (e) of this sec- (c) Packinghouse requirements. (1) Dur- tion, sand pears from areas of China ing the time registered packinghouses south of the 33rd parallel must meet are in use for packing sand pears for the following conditions for importa- export to the United States, the pack- tion into the United States: inghouses may only accept sand pears (1) The place of production of the that are from registered places of pro- pears and the packinghouse in which duction and that are produced in ac- they are packed must have a trapping

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system in place for B. dorsalis. At a the NPPO of the Philippines and that minimum, the trapping system must meet the requirements of this section. meet the requirements of the oper- Registration must be renewed annu- ational work plan. ally. (2) The place of production or the (3) Bananas must be packed for ex- packinghouse must retain data regard- port to the United States in packing- ing the number and location of the houses that meet the requirements of traps, as well as any pests other than this section. B. dorsalis that have been caught, and (4) Bananas from the Philippines may make this information available to be imported in commercial consign- APHIS upon request. ments only. (3)(i) The place of production or (b) Monitoring and oversight. (1) The packinghouse must notify the NPPO of NPPO of the Philippines must visit and China, and the NPPO of China must no- inspect registered places of production tify APHIS, regarding the detection of monthly, starting at least 3 months be- a single B. dorsalis in a place of produc- fore harvest begins and continuing tion, packinghouse, or surrounding through the end of the shipping season, area within 48 hours of the detection. to verify that the growers are com- (ii) If a single B. dorsalis is detected plying with the requirements of this in a registered place of production, section and follow pest control guide- APHIS will prohibit the importation lines, when necessary, to reduce quar- into the United States of sand pears antine pest populations. When trapping from the place of production until any is required under paragraph (c) of this mitigation measures determined by section, the NPPO of the Philippines APHIS to be necessary to prevent fu- must also verify that the growers are ture infestations are taken. complying with the requirements in (iii) If a single B. dorsalis is detected that paragraph and must certify that in a registered packinghouse, the pack- each place of production has an effec- inghouse may not be used to pack sand tive fruit fly trapping program. Any pears for export to the United States personnel conducting trapping under until any mitigation measures deter- paragraphs (c) of this section must be mined by APHIS to be necessary to trained and supervised by the NPPO of prevent future infestations are taken. the Philippines. APHIS may monitor (4) The pears must be treated in ac- the places of production as necessary cordance with 7 CFR part 305 and the to ensure compliance. operational workplan. (2) If the NPPO of the Philippines [77 FR 75010, Dec. 19, 2012] finds that a place of production or packinghouse is not complying with § 319.56–58 Bananas from the Phil- the requirements of this section, no ippines. fruit from the place of production or Bananas (Musa spp., which include M. packinghouse will be eligible for export acuminate cultivars and M. acuminate × to the United States until APHIS and M. balbisiana hybrids) may be imported the NPPO of the Philippines conduct into the continental United States, an investigation and appropriate reme- Guam, Hawaii, and the Northern Mar- dial actions have been implemented. iana Islands from the Philippines only (3) The NPPO of the Philippines must under the conditions described in this retain all forms and documents related section. to export program activities in places (a) General requirements. (1) The na- of production and packinghouses for at tional plant protection organization least 1 year and, as requested, provide (NPPO) of the Philippines must provide them to APHIS for review. an operational workplan to APHIS (c) Fruit fly trapping to establish places that details the activities that the of production with low pest prevalence. NPPO of the Philippines will, subject Beginning at least 3 months before har- to APHIS’ approval of the workplan, vest begins and continuing through the carry out to meet the requirements of end of the harvest, trapping must be this section. conducted in registered places of pro- (2) Bananas must be grown at places duction with at least 1 trap per 0.2 of production that are registered with square kilometers to demonstrate that

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the places of production have a low of pests with a double-door entry sys- prevalence of Bactrocera spp. fruit flies. tem designed to exclude quarantine APHIS-approved traps baited with pests of concern. APHIS-approved plugs must be used (2) Bananas for export must be and serviced at least once every 2 packed into new, clean boxes, crates or weeks. During the trapping, when traps other packing materials. Bananas in- are serviced, if fruit flies are trapped at tended for export to the United States a particular place of production at cu- must be labeled with the name and lo- mulative levels above 2 flies per trap cation for the packinghouse, and seg- per day, pesticide bait treatments must regated from bananas intended for be applied in the affected place of pro- other markets. duction in order for the place of pro- (3) The shipping documents accom- duction to remain eligible to export ba- panying the consignment of bananas nanas to the United States. The NPPO from the Philippines that are exported of the Philippines must keep records of to the United States must include the fruit fly detections for each trap, up- official registration number of the date the records each time the traps place of production at which the ba- are checked, and make the records nanas were grown and must identify available to APHIS inspectors upon re- the packinghouse in which the fruit quest. If no Bactrocera spp. larvae have was processed and packed. This identi- been found in the inspections required fication must be maintained until the in paragraph (h) of this section by No- fruit is released for entry into the vember 10, 2016, the activities described United States. in this paragraph are no longer re- (4) The packinghouse operations for quired. export of bananas must be monitored (d) Bagging requirements. Plastic bags by the NPPO of the Philippines. impregnated with pesticides must cover the bananas. During the growing (h) NPPO of the Philippines inspection. period, if a pesticide bag falls off or is (1) Following any post-harvest proc- torn, the fruit that had been in that essing, inspectors from the NPPO of bag may not be exported to the United the Philippines must certify that ba- States. nanas were harvested at the hard green (e) Harvesting requirements. (1) Ba- stage. nanas must be harvested at a hard (2) Inspectors from the NPPO of the green stage and inspected at the port of Philippines must inspect a biometric entry to determine that: sample of the fruit from each place of (i) Bananas shipped by air are still production at a rate to be determined green upon arrival in the United by APHIS. The inspectors must vis- States; ually inspect for quarantine pests list- (ii) Bananas shipped by sea are either ed in the operational workplan re- green upon arrival in the United States quired by paragraph (a)(1) of this sec- or yellow but firm. tion and must cut fruit to inspect for (2) Harvested bananas must be placed quarantine pests that are internal feed- in field cartons or containers that are ers. If Bactrocera spp. fruit flies are marked to show the official registra- found upon inspection, the export pro- tion number of the place of production. gram will be suspended until an inves- The identification of the place of pro- tigation has been conducted by APHIS duction must be maintained from the and the NPPO of the Philippines and time when the fruit leaves the place of appropriate mitigations have been im- production until the fruit is released plemented. If other quarantine pests for entry into the United States. are detected in this inspection, the (f) Post-harvest processing. After har- consignment will be destroyed and the vest, all damaged or diseased fruit registered place of production will be must be culled at the packinghouse. rejected from the export program. Fruit must be washed with a high pres- (i) Phytosanitary certificate. Each con- sure water spray, and washed with soap signment of fruit must be accompanied and water. by a phytosanitary certificate issued (g) Packinghouse requirements. (1) by the NPPO of the Philippines that Packinghouses must prevent the entry contains an additional declaration

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stating that the bananas in the con- grown must remain identifiable when signment were grown, packed, and in- the fruit leaves the grove, at the pack- spected in accordance with the systems inghouse, and throughout the export approach in 7 CFR 319.56–58. process. Boxes containing fruit must be (Approved by the Office of Management and marked with the identity and origin of Budget under control numbers 0579–0394 and the fruit. Safeguarding in accordance 0579–0415) with paragraph (f)(3) of this section [78 FR 8959, Feb. 7, 2013, as amended at 79 FR must be maintained at all times during 61221, Oct. 10, 2014] the movement of the fruit to the United States and must be intact upon § 319.56–59 Fresh citrus fruit from arrival of the fruit in the United Uruguay. States. Sweet oranges (Citrus sinensis (L.) (c) Monitoring and oversight. (1) The Osbeck), lemons (C. limon (L.) Burm. Uruguayan NPPO must visit and in- f.), mandarins (C. reticulata Blanco, C. spect registered places of production clementina Hort. ex Tanaka, C. deliciosa monthly, starting at least 30 days be- Ten., and C. unshiu Marcow), Citrus hy- fore harvest and continuing until the brids, Fortunella japonica (Thunb.) end of the shipping season, to verify Swingle, and F. margarita (Lour.) Swin- that the growers are complying with gle may be imported into the conti- the requirements of paragraphs (d) and nental United States from Uruguay (e) of this section. only under the conditions described in (2) In addition to conducting fruit in- this section. These species are referred spections at the packinghouses, the to collectively in this section as ‘‘cit- Uruguayan NPPO must monitor pack- rus fruit.’’ These conditions are de- inghouse operations to verify that the signed to prevent the introduction of packinghouses are complying with the the following quarantine pests: requirements of paragraph (f) of this Anastrepha fraterculus, Ceratitis section. ¨ capitata, Cryptoblabes gnidiella, Elsinoe (3) If the Uruguayan NPPO finds that australis, Gymnandrosoma aurantianum, a place of production or packinghouse and Xanthomonas citri subsp. citri. is not complying with the relevant re- (a) Commercial consignments. Citrus quirements of this section, no fruit fruit from Uruguay may be imported in from the place of production or pack- commercial consignments only. inghouse will be eligible for export to (b) General requirements. (1) The na- the United States until APHIS and the tional plant protection organization (NPPO) of Uruguay must provide a bi- Uruguayan NPPO conduct an inves- lateral workplan to APHIS that details tigation and appropriate remedial ac- the activities that the Uruguayan tions have been implemented. NPPO will, subject to APHIS’ approval (d) Grove monitoring and pest control. of the workplan, carry out to meet the Trapping must be conducted in the requirements of this section. APHIS places of production to demonstrate will be directly involved with the Uru- that the places of production have a guayan NPPO in monitoring and audit- low prevalence of A. fraterculus and C. ing implementation of the systems ap- capitata. If the prevalence rises above proach. levels specified in the bilateral (2) All places of production and pack- workplan, remedial measures must be inghouses that participate in the ex- implemented. The Uruguayan NPPO port program must be registered with must keep records of fruit fly detec- the Uruguayan NPPO. tions for each trap and make the (3) The fruit must be grown at places records available to APHIS upon re- of production that meet the require- quest. The records must be maintained ments of paragraphs (d) and (e) of this for at least 1 year. section. (e) Orchard sanitation. Places of pro- (4) The fruit must be packed for ex- duction must be maintained free of port to the United States in a packing- fallen fruit and plant debris. Fallen house that meets the requirements of fruit may not be included in field con- paragraph (f) of this section. The place tainers of fruit brought to the packing- of production where the fruit was house to be packed for export.

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(f) Packinghouse procedures. (1) The (ii) If the lemons are harvested be- packinghouse must be equipped with tween September 1 and May 14, or if double self-closing doors at the en- the fruit is harvested yellow, the lem- trance to the packinghouse and at the ons must be treated in accordance with interior entrance to the area where part 305 of this chapter for C. capitata. fruit is packed. (h) Phytosanitary certificate. Each con- (2) Any vents or openings (other than signment of citrus fruit must be ac- the double self-closing doors) must be companied by a phytosanitary certifi- covered with 1.6 mm or smaller screen- cate of inspection issued by the Uru- ing in order to prevent the entry of guayan NPPO stating that the fruit in pests into the packinghouse. the consignment is free of all pests of (3) Fruit must be packed within 24 quarantine concern and has been pro- hours of harvest in a pest-exclusionary duced in accordance with the require- packinghouse or stored in a degreening ments of the systems approach in 7 chamber in a pest-exclusionary pack- CFR 319.56–59. inghouse. The fruit must be safe- guarded by an insect-proof screen or (Approved by the Office of Management and plastic tarpaulin while in transit to the Budget under control number 0579–0401) packinghouse and while awaiting pack- [78 FR 41264, July 10, 2013] ing. Fruit must be packed in insect- proof cartons or containers, or covered § 319.56–60 Mangoes from Australia. with insect-proof mesh or a plastic tar- Mangoes (Mangifera indica) may be paulin, for transport to the United imported into the continental United States. These safeguards must remain States from Australia only under the intact until the arrival of the fruit in following conditions: the continental United States or the (a) The mangoes may be imported in consignment will not be allowed to commercial consignments only. enter the United States. (4) During the time the packinghouse (b) The mangoes must be treated by is in use for exporting citrus fruit to irradiation for the mango seed weevil the continental United States, the (Sternochetus mangiferae) and fruit flies packinghouse may only accept fruit of the family Tephritidae in accord- from registered places of production. ance with part 305 of this chapter. (5) Culling must be performed in the (c) The risks presented by packinghouse to remove any sympto- Cytosphaera mangiferae must be ad- matic or damaged fruit. Fruit must be dressed in one of the following ways: practically free of leaves, twigs, and (1) The mangoes are treated with a other plant parts, except for stems that broad-spectrum post-harvest fungicidal are less than 1 inch long and attached dip; to the fruit. (2) The mangoes originate from an (6) Fruit must be washed, brushed, orchard that was inspected prior to the surface disinfected in accordance with beginning of harvest during the grow- part 305 of this chapter, treated with an ing season and the orchard was found APHIS-approved fungicide in accord- free of C. mangiferae; or ance with labeled instructions, and (3) The mangoes originate from an waxed. orchard that was treated with a broad- (g) Treatment. (1) Citrus fruit other spectrum fungicide during the growing than lemons may be imported into the season and was inspected prior to har- continental United States only if it is vest and the mangoes are found free of treated in accordance with part 305 of C. mangiferae. this chapter for A. fraterculus and C. (d) Prior to export from Australia, capitata. the mangoes must be inspected by the (2)(i) Lemons may be shipped without national plant protection organization a treatment if harvested green and if (NPPO) of Australia and found free of the phytosanitary certificate accom- Cytosphaera mangiferae, Lasiodiplodia panying the lemons contains an addi- pseudotheobromae, Neofusicoccum tional declaration stating that the mangiferae, Neoscytalidium lemons were harvested green between novaehollandiae, Pseudofusicoccum May 15 and August 31. adansoniae, Phomopsis mangiferae, and

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Xanthomomas campestris pv. ture and accompanied by a mangiferaeindicae. phytosanitary certificate. (e)(1) Each consignment of fruit must (c) In addition to meeting the label- be accompanied by a phytosanitary ing requirements in part 305 of this certificate issued by the NPPO of Aus- chapter, cartons in which litchi are tralia with additional declarations packed must be stamped ‘‘Not for im- that: portation into or distribution in FL.’’ (i) The mangoes were subjected to (d) The litchi may be imported in one of the pre- or post-harvest mitiga- commercial consignments only. tion options described in paragraph (c) (Approved by the Office of Management and of this section, and Budget under control number 0579–0386) (ii) The mangoes were inspected prior [78 FR 58158, Sept. 23, 2013] to export from Australia and found free of C. mangiferae, L. pseudotheobromae, § 319.56–62 Fresh beans, shelled or in N. mangiferae, N. novaehollandiae, P. pods, from Jordan. adansoniae, P. mangiferae, and X. Fresh beans (Phaseolus vulgaris L.), campestris pv. mangiferaeindicae. shelled or in pods (French, green, snap, (2) If the fruit is treated with irradia- and string), may be imported into the tion outside the United States, each continental United States from Jordan consignment of fruit must be inspected only under the conditions described in jointly by APHIS and the NPPO of this section. These conditions are de- Australia, and be accompanied by the signed to prevent the introduction of phytosanitary certificate certifying the following quarantine pests: that the fruit was treated with irradia- Chrysodeixis chalcites, Helicoverpa tion in accordance with part 305 of this armı´gera, Lampides boeticus Liriomyza chapter. huidobrensis, Maconellicoccus hirsutus, Phoma exigua var. diversispora, and (Approved by the Office of Management and Spodoptera littoralis. Budget under control number 0579–0391) (a) Packinghouse requirements. The [78 FR 57469, Sept. 19, 2013] beans must be packed in packing facili- ties that are approved and registered § 319.56–61 Litchi from Australia. with Jordan’s national plant protec- Litchi (Litchi chinensis) may be im- tion organization (NPPO). Each ship- ported into the continental United ping box must be marked with the States from Australia only under the identity of the packing facility. following conditions and in accordance (b) Post-harvest processing. The beans with all other applicable provisions of must be washed in potable water. Each this subpart: bean pod must be either cut into chev- rons or pieces that do not exceed 2 cen- (a) The litchi must be treated for timeters in length, or shredded or split plant pests of the class Insecta, except the length of the bean pod. Split or pupae and adults of the order Lepidop- shredded bean pod pieces may not ex- tera, with irradiation in accordance ceed 8 centimeters in length and 8.5 with § 305.9 of this chapter. Treatment millimeters in diameter. may be conducted either prior to or (c) Commercial consignments. The upon arrival of the fruits into the beans must be imported as commercial United States. consignments only. (b) Each shipment of litchi must be (d) Phytosanitary certificate. Each con- accompanied by a phytosanitary cer- signment of fresh beans must be ac- tificate of inspection issued by the companied by a phytosanitary certifi- NPPO of Australia. For those ship- cate issued by Jordan’s NPPO attesting ments of litchi treated in Australia, that the conditions of this section have the phytosanitary certificate must cer- been met and that the consignment has tify that the fruit received the required been inspected and found free of the irradiation treatment prior to ship- pests listed in this section. ment. For those shipments of litchi treated upon arrival in the United (Approved by the Office of Management and States, the fruits must be inspected by Budget under control number 0579–0405) Australian inspectors prior to depar- [78 FR 69286, Nov. 19, 2013]

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§ 319.56–63 Fresh apricots from conti- son designated in the workplan, must nental Spain. visit and inspect places of production Fresh apricots (Prunus armeniaca L.) starting at least 1 month (30 days) be- may be imported into the United fore harvest and continuing until the States from continental Spain (exclud- end of the shipping season to verify ing the Balearic Islands and Canary Is- that growers are complying with the lands) only under the conditions de- requirements of this section and to fol- scribed in this section. These condi- low pest control guidelines, when nec- tions are designed to prevent the intro- essary, to reduce quarantine pest popu- duction of the following quarantine lations. The NPPO of Spain must cer- pests: Apiognomonia erythrostoma tify that exporting places of production (Pers.), a brown rot fungus; Ceratitis have fruit fly and moth trapping pro- capitata Wiedemann, the Mediterra- grams and follow control guidelines, nean fruit fly; Cydia funebrana when necessary, to reduce regulated (Treitschke), the plum fruit moth; and pest populations. Any personnel con- Monilinia fructigena Honey, the leaf ducting trapping and pest surveys must scorch fungus. be accredited and supervised by the (a) General requirements. (1) The na- NPPO of Spain. APHIS may monitor tional plant protection organization the places of production if necessary. (NPPO) of Spain must provide a bilat- (2) In addition to conducting fruit in- eral workplan to APHIS that details spections at the packinghouses, the the activities that the NPPO of Spain NPPO of Spain must monitor packing- will, subject to APHIS’ approval of the house operations to verify that the workplan, carry out to meet the re- packinghouses are complying with the quirements of this section. APHIS will requirements of this section. be directly involved with the NPPO of (3) If the NPPO of Spain finds that a Spain in monitoring and auditing im- place of production or packinghouse is plementation of the systems approach. not complying with the requirements The NPPO of Spain must also enter of this section, no fruit from the place into a trust fund agreement with of production or packinghouse will be APHIS in accordance with § 319.56–6. eligible for export to the United States (2) All places of production and pack- until APHIS and the NPPO of Spain inghouses that participate in the ex- conduct an investigation and imple- port program must be registered with ment appropriate remedial actions. the NPPO of Spain. (4) The NPPO of Spain must retain (3) The fruit must be grown at places of production that meet the require- all forms and documents related to ex- ments of this section. port program activities in places of (4) The fruit must be packed for ex- production and packinghouses for at port to the United States in a packing- least 1 year and, as requested, provide house that meets the requirements of them to APHIS for review. paragraph (i) of this section. The place (d) Grove sanitation. Fruit that has of production where the apricots were fallen from the trees at each place of grown must remain identifiable when production must be removed and de- the fruit leaves the grove, at the pack- stroyed weekly. inghouse, and throughout the export (e) Fungi. During the growing season, process. Safeguarding in accordance the NPPO of Spain must conduct in- with paragraph (h) of this section must spections at intervals specified in the be maintained at all times during the workplan in the place of production for movement of the apricot fruit to the signs of A. erythrostoma and M. United States and must be intact upon fructigena until harvest is completed. arrival of the apricot fruit in the Infected leaves must be removed from United States. places of production to reduce the (b) Commercial consignments. Apricots inoculum potential. Upon detection of from continental Spain may be im- these fungal diseases, the NPPO of ported to the United States in commer- Spain must notify APHIS, which may cial consignments only. prohibit the importation into the (c) Monitoring and oversight. (1) The United States of apricots from the pro- NPPO of Spain, or an authorized per- duction site for the season.

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(f) C. funebrana. The NPPO of Spain (h) Post-harvest procedures. The apri- must use one of the following two miti- cots must be safeguarded by a pest- gation measures to address the risk po- proof screen, plastic tarpaulin, or by tential posed by C. funebrana. some other pest-proof barrier while in (1) Pest-free area. Under this mitiga- transit to the packinghouse and while tion measure, apricots must originate awaiting packing. They must be from an area designated as free of C. packed within 24 hours of harvest into funebrana in accordance with § 319.56–5. pest-proof cartons or containers or cov- (2) Area of low pest prevalence and pest ered with pest-proof mesh or a plastic management. Under this mitigation tarpaulin for transport to the United measure, the NPPO of Spain must visit States. These safeguards must remain and visually inspect registered places intact until arrival of the consignment of production during the growing sea- in the United States. son and harvest period for signs of C. (i) Packinghouse requirements. Pack- funebrana to demonstrate that the ing of apricots for export to the United places of production have a low preva- States must be conducted within a lence of C. funebrana and to verify that packinghouse registered and approved the growers are complying with the re- by the NPPO of Spain. Packinghouses quirements of this paragraph. The in which apricots are packed for export NPPO of Spain must also sample and to the United States must be able to visually inspect a quantity of fruit exclude quarantine pests. All openings specified in the workplan. Trapping to the outside of the packinghouse must be covered by screening with must also be conducted in the places of openings of not more than 1.6 mm or by production to demonstrate that the some other barrier that prevents pests places of production have a low preva- from entering. The packinghouse must lence of C. funebrana. If the prevalence have double self-closing doors at the of any life stage of C. funebrana rises entrance to the facility and at the inte- above levels specified in the bilateral rior entrance to the area where the workplan, remedial measures approved apricots are to be packed. During the jointly by APHIS and the NPPO of time registered packinghouses are in Spain must be implemented. The NPPO use for packing apricots for export to of Spain must keep records of the the United States in accordance with placement of traps, trap visits, trap the requirements of this section, pack- counts, and treatments for each reg- ing lines must be cleared of all other istered place of production and make articles and plant debris prior to pack- the records available to APHIS upon ing such apricots, and such apricots request. must be stored in a room separate from (g) C. capitata. (1) Trapping must be any other fruits or plant articles while conducted in the places of production the apricots are at the packinghouse. to demonstrate that those places of (j) Phytosanitary inspection. (1) A bio- production have a low prevalence of C. metric sample of apricot fruit jointly capitata. Specific trapping require- agreed upon by APHIS and the NPPO ments are included in the bilateral of Spain must be inspected in Spain by workplan. If the prevalence rises above the NPPO of Spain following post-har- levels specified in the bilateral vest processing. The sample must be workplan, remedial measures approved visually inspected for the quarantine jointly by APHIS and the NPPO of pests A. erythrostoma, C. funebrana, and Spain must be implemented. The NPPO M. fructigena. A portion of the fruit of Spain must keep records of the must be cut open and inspected for C. placement of traps, trap visits, trap capitata. If any of these quarantine counts, and treatments for each reg- pests are found, the entire consignment istered place of production and make of apricot fruit will be prohibited from the records available to APHIS upon importation into the United States. request. (2) Fruit presented for inspection at a (2) All apricots for export from conti- U.S. port of entry must be identified in nental Spain to the United States must the shipping documents accompanying be treated for C. capitata in accordance each lot of fruit that specify the place with part 305 of this chapter. of production in which the fruit was

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produced and the packinghouse in ed for C. capitata in accordance with which the fruit was processed. This part 305 of this chapter. identification must be maintained (b) Monitoring and oversight. (1) The until the fruit is released for entry into NPPO of Spain, or an authorized per- the United States. son designated in the workplan, must (k) Phytosanitary certificate. Each visit and inspect registered places of consignment of apricot fruit must be production monthly, starting at least 1 accompanied by a phytosanitary cer- month before harvest and continuing tificate issued by the NPPO of Spain until the end of the shipping season, to that states that the fruit has been verify that the growers are complying treated for C. capitata in accordance with the requirements of paragraph (c) with 7 CFR part 305 and includes an ad- of this section and follow pest control ditional declaration that the fruit in guidelines, when necessary, to reduce the consignment was inspected and quarantine pest populations. found free from A. erythrostoma, C. (2) In addition to conducting fruit in- capitata, C. funebrana, and M. spections at the packinghouses, the fructigena. NPPO of Spain must monitor packing- house operations to verify that the (Approved by the Office of Management and packinghouses are complying with the Budget under control number 0579–0402) requirements of paragraph (e) of this [78 FR 79578, Dec. 31, 2013] section. (3) If the NPPO of Spain finds that a § 319.56–64 Avocados from continental place of production or packinghouse is Spain. not complying with the requirements Fresh avocados (Persea americana P. of this section, no fruit from the place Mill.) may be imported into the United of production or packinghouse will be States from continental Spain (exclud- eligible for export to the United States ing the Balearic Islands and Canary Is- until APHIS and the NPPO of Spain lands) only under the conditions de- conduct an investigation and appro- scribed in this section. These condi- priate remedial actions have been im- tions are designed to prevent the intro- plemented. duction of the quarantine pest Ceratitis (4) The NPPO of Spain must retain capitata (Wiedemann), the Mediterra- all forms and documents related to ex- nean fruit fly. port program activities in groves and (a) General requirements. (1) The na- packinghouses for at least 1 year and, tional plant protection organization as requested, provide them to APHIS (NPPO) of Spain must provide a for review. workplan to APHIS that details the ac- (c) Grove sanitation. Avocado fruit tivities that the NPPO of Spain will, that has fallen from the trees must be subject to APHIS’ approval of the removed from each place of production workplan, carry out to meet the re- at least once every 7 days, starting 2 quirements of this section. The NPPO months before harvest and continuing of Spain must also establish a trust to the end of harvest. Fallen avocado fund in accordance with § 319.56–6. fruit may not be included in field con- (2) The avocados must be grown at tainers of fruit brought to the packing- places of production in continental house to be packed for export. Spain that are registered with the (d) Harvesting requirements. Harvested NPPO of Spain and that meet the re- avocados must be placed in field car- quirements of this section. tons or containers that are marked (3) The avocados must be packed for with the official registration number of export to the United States in packing- the place of production. The place of houses that are registered with the production where the avocados were NPPO of Spain and that meet the re- grown must remain identifiable when quirements of this section. the fruit leaves the grove, at the pack- (4) Avocados from Spain may be im- inghouse, and throughout the export ported in commercial consignments process. The fruit must be moved to a only. registered packinghouse within 3 hours (5) Avocados other than Hass variety of harvest or must be protected from from continental Spain must be treat- fruit fly infestation until moved. The

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fruit must be safeguarded by an insect- (f) NPPO of Spain inspection. Fol- proof screen or plastic tarpaulin while lowing any post-harvest processing, in- in transit to the packinghouse and spectors from the NPPO of Spain must while awaiting packing. inspect a biometric sample of fruit at a (e) Packinghouse requirements. (1) Dur- rate determined by APHIS. Inspectors ing the time registered packinghouses must visually inspect the fruit and cut are in use for packing avocados for ex- a portion of the fruit to inspect for C. port to the United States in accordance capitata. If any C. capitata are detected with the requirements of this section, in this inspection, the place of produc- packing lines must be cleared of all tion where the infested avocados were other articles and plant debris prior to grown will immediately be suspended packing such avocados, and such avo- from the export program until an in- cados must be stored in a room sepa- vestigation has been conducted by rate from any other fruits, plant arti- APHIS and the NPPO of Spain and ap- cles, and other potential C. capitata propriate mitigations have been imple- hosts while the avocados are at the mented. packinghouse. (g) Phytosanitary certificate. Each con- (2) Avocados must be packed within signment of avocados imported from 24 hours of harvest in an insect-exclu- Spain into the United States must be sionary packinghouse. All openings to accompanied by a phytosanitary cer- the outside of the packinghouse must tificate issued by the NPPO of Spain. be covered by screening with openings (1) The phytosanitary certificate ac- of not more than 1.6 mm or by some companying Hass variety avocados other barrier that prevents pests from must contain an additional declaration entering. The packinghouse must have stating that the avocados are Hass va- double doors at the entrance to the fa- riety and were grown in an approved cility and at the interior entrance to place of production and the consign- the area where the avocados are ment has been inspected and found free packed. of C. capitata. (3) Before packing, all avocados must be cleaned of all plant debris. (2) The phytosanitary certificate ac- (4) Boxes or cartons in which avoca- companying non-Hass avocados must dos are packed must be labeled with a contain an additional declaration stat- lot number that provides information ing that the avocados were grown in an to identify the orchard where grown approved place of production and the and the packinghouse where packed. consignment has been inspected and The labeling must be large enough to found free of C. capitata. If the consign- clearly display the required informa- ment has been subjected to treatment tion and must be located on the outside for C. capitata prior to export in ac- of the boxes to facilitate inspection. cordance with 7 CFR part 305, the addi- (5) Avocados must be packed in in- tional declaration must also state this. sect-proof packaging, or covered with (Approved by the Office of Management and insect-proof mesh or a plastic tar- Budget under control number 0579–0400) paulin, for transport to the United States. These safeguards must remain [78 FR 79572, Dec. 31, 2013] intact until arrival in the United States. § 319.56–65 Jackfruit, pineapple, and starfruit from Malaysia. (6) Shipping documents accom- panying consignments of avocados Fresh jackfruit (Artocarpus from continental Spain that are ex- heterophyllus Lam.), pineapple (Ananas ported to the United States must in- comosus (L.) Merr.), and starfruit clude the official registration number (Averrhoa carambola L.) may be im- of the place of production at which the ported into the continental United avocados were grown and must identify States from Malaysia only under the the packing shed or sheds in which the conditions described in this section. fruit was processed and packed. This (a) General requirements for jackfruit, identification must be maintained pineapple, and starfruit from Malaysia. until the fruit is released for entry into (1) Jackfruit, pineapple, and starfruit the United States. from Malaysia must be treated for

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plant pests with irradiation in accord- orientalis are removed from the surface ance with part 305 of this chapter. of the pineapple. (2) Jackfruit, pineapple, and starfruit (3) Each consignment of pineapple from Malaysia may be imported in imported from Malaysia into the conti- commercial consignments only. nental United States must be accom- (b) Additional requirements for jackfruit panied by a phytosanitary certificate, from Malaysia. (1) If the jackfruit has issued by the NPPO of Malaysia, with stems, these stems must be less than 5 an additional declaration that the cm in length. pineapple has been subject to one of (2)(i) The jackfruit must originate the mitigations for G. luzulae, M. from an orchard that was treated dur- scandens, M. crinis-equi, M. palmivorus, ing the growing season with a fungicide and P. stuhlmannii in paragraph (c)(1) of approved by APHIS for Phytophthora this section, has been treated for A. meadii, and the fruit must be inspected fulica and E. orientalis in accordance by the national plant protection orga- with paragraph (c)(2) of this section, nization (NPPO) of Malaysia prior to and has been inspected prior to ship- harvest and found free of this pest; or ment and found free of A. fulica, E. (ii) The jackfruit must be treated orientalis, G. luzulae, M. scandens, M. after harvest with a fungicidal dip ap- crinis-equi, M. palmivorus, and P. proved by APHIS for P. meadii. stuhlmannii. Additionally, if the pine- (3) Each consignment of jackfruit im- apple has been irradiated in Malaysia, ported from Malaysia into the conti- the phytosanitary certificate must nental United States must be accom- have an additional declaration that the panied by a phytosanitary certificate, pineapple has been treated with irra- issued by the NPPO of Malaysia, with diation in accordance with 7 CFR part an additional declaration that the 305. jackfruit has been subject to one of the (d) Additional requirements for starfruit mitigations for P. meadii in paragraph from Malaysia. (1) Before shipment, (b)(2) of this section and has been in- each consignment of starfruit must be spected prior to shipment and found inspected by the NPPO of Malaysia free of P. meadii. Additionally, if the using a sampling method agreed upon jackfruit has been irradiated in Malay- by APHIS and the NPPO of Malaysia. sia, the phytosanitary certificate must As part of this method, a sample must have an additional declaration that the be obtained from each lot, inspected by fruit has been treated with irradiation the NPPO of Malaysia, and found free in accordance with 7 CFR part 305. from Phoma averrhoae. The fruit in the (c) Additional requirements for pine- sample must then be cut open, in- apple from Malaysia. (1)(i) The pine- spected, and found free from pupae of apple must originate from an orchard Cryptophlebia spp. If a single live that was treated during the growing Cryptophlebia spp. moth is found during season with a fungicide approved by sampling, the entire consignment of APHIS for Gliomastix luzulae, fruit will be prohibited from import Marasmiellus scandens, Marasmius crinis- into the United States and a notice of equi, Marasmius palmivorus, and non-compliance will be issued to the Prillieuxina stuhlmannii, and the fruit NPPO of Malaysia. must be inspected by the NPPO of Ma- (2) Each consignment of starfruit im- laysia prior to harvest and found free ported from Malaysia into the conti- of those pests; or nental United States must be accom- (ii) The pineapple must be treated panied by a phytosanitary certificate, after harvest with a fungicidal dip ap- issued by the NPPO of Malaysia, with proved by APHIS for G. luzulae, M. an additional declaration that the scandens, M. crinis-equi, M. palmivorus, starfruit has been inspected prior to and P. stuhlmannii. shipment and found free of P. averrhoae (2) The pineapple must be sprayed and pupae of Cryptophlebia spp. Addi- after harvest but prior to packing with tionally, if the starfruit has been irra- water from a high-pressure nozzle or diated in Malaysia, the phytosanitary with compressed air so that all certificate must have an additional Achatina fulica and Eutetranychus declaration that the fruit has been

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treated with irradiation in accordance quarantine pests and tested for R. with 7 CFR part 305. solanacearum race 3 biovar 2 at regular intervals in accordance with the bilat- (Approved by the Office of Management and eral workplan. Budget under control number 0579–0408) (d) The potatoes must be packed for [79 FR 15218, Mar. 19, 2014] export in packinghouses that are reg- istered with the NPPO of Mexico and § 319.56–66 Potatoes from Mexico. to which the NPPO of Mexico has as- Fresh potatoes (Solanum tuberosum signed a unique identifying number. L.) may be imported into the United (e) After harvest but prior to pack- States from Mexico only under the con- ing, the potatoes must be washed, ditions described in this section. These cleaned of soil and debris, and treated conditions are designed to prevent the with a sprout inhibitor in accordance introduction of the following quar- with the bilateral workplan. antine pests: Copitarsia decolora (f) A biometric sample of potatoes ´ (Guenee), a moth; Epicaerus cognatus must be taken from each consignment Sharp, potato weevil; Globodera of potatoes destined for export to the rostochiensis, golden cyst nematode; United States in accordance with a Nacobbus aberrans (Thorne) Thorne & protocol jointly agreed upon by APHIS Allen, false root-knot nematode; and the NPPO of Mexico and specified race 3 biovar 2 Ralstonia solanacearum within the bilateral workplan. The (Smith) Yabuuchi et al., a bacterium sample must be visually inspected for that causes brown rot of potato; evidence of sprouting, as well as evi- Rosellinia bunodes (Berk. & Broome) dence of C. decolora, E. cognatus, N. Sacc., a pathogenic fungus; R. pepo aberrans, R. bunodes, R. pepo, and T. Pat., a pathogenic fungus; Synchytrium solani. A portion of the potatoes must endobioticum (Schilb.) Percival, a path- then be cut open, inspected for evi- ogenic fungus that causes potato wart dence of E. cognatus, N. aberrans, R. disease; and Thecaphora solani (Thirum. solanacearum race 3 biovar 2, and T. & M. O’Brien) Mordue, a pathogenic solani, and submitted to a laboratory fungus that causes potato smut. (a) The national plant protection or- approved by the NPPO of Mexico for ganization (NPPO) of Mexico must pro- testing for R. solanacearum race 3 vide a bilateral workplan to APHIS biovar 2. Potatoes may not be shipped that details the activities that the to the United States until the results NPPO of Mexico will, subject to of this testing are obtained. If any po- APHIS’ approval of the workplan, tatoes are found to be sprouting, or carry out to meet the requirements of any evidence of these quarantine pests this section. The bilateral workplan is found, or any potatoes have non-neg- must include and describe the quar- ative test results for R. solanacearum antine pest survey intervals and other race 3 biovar 2, the entire consignment specific requirements as set forth in of potatoes will be prohibited from im- this section. portation into the United States. For (b) The potatoes may be imported in purposes of this section, a potato is commercial consignments only. considered to be sprouting when it ex- (c) The potatoes must be produced by hibits green sprouts, regardless of the a grower who is registered in a certifi- degree of elongation of the sprout. cation program administered by the (g) Each consignment of potatoes NPPO of Mexico. The program must re- shipped from Mexico to the United quire the producer to use only seed States must be transported following that has been certified by the NPPO of inspection from the packinghouse to Mexico as free of R. solanacearum race the port of first arrival into the United 3 biovar 2, R. bunodes, R. pepo, S. States in a means of conveyance sealed endobioticum, and T. solani to produce with an agricultural seal affixed by an the potatoes. The program must also individual authorized by the NPPO of require the potatoes to be grown in an Mexico to do so. If the seal is broken en enclosed environment or alternatively route, an inspector at the port of first must require the field in which the po- arrival will take remedial measures tatoes are grown to be surveyed for jointly agreed to by APHIS and the

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NPPO of Mexico and specified in the bi- risk at the packinghouse is adequately lateral workplan. mitigated. (h) Each consignment of potatoes [79 FR 16655, Mar. 26, 2014] shipped from Mexico to the United States must be accompanied by a § 319.56–67 Cape gooseberry from Co- phytosanitary certificate, issued by the lombia. NPPO of Mexico, that states that the Cape gooseberry (Physalis peruviana) potatoes have been produced in accord- may be imported into the United ance with this section, and have been States from Colombia in accordance inspected and tested and found free of with the conditions described in this the quarantine pests listed in the in- section. These conditions are designed troduction to this section. The to prevent the introduction of Ceratitis phytosanitary certificate must also capitata. specify the number of the packing- (a) Workplan. The national plant pro- house in which the potatoes were tection organization (NPPO) of Colom- packed. bia must provide a bilateral workplan (i) If quarantine pests are discovered to APHIS that details the activities on potatoes from Mexico at a port of that the NPPO will, subject to APHIS’ first arrival into the United States, the approval, carry out to meet the re- potatoes will be traced back to the quirements of this section. APHIS will packinghouse in which they were be directly involved with the NPPO in packed using the packinghouse number the monitoring and auditing imple- specified on the phytosanitary certifi- mentation of the systems approach. cate. (b) Places of production. (1) All places (1) The packinghouse must identify of production must be registered with the grower from which the potatoes the NPPO of Colombia. originated, and the grower must iden- (2) All places of production must be tify the place of production in which located within the C. capitata low prev- the potatoes were grown. That place of alence area of the Bogota Savannah production will be suspended from the and the neighboring municipalities export program for potatoes to the above 2,200 meters in the Departments United States for at least the remain- of Boyaca´ and Cundinamarca. der of the shipping season. The suspen- (c) Mitigation measures for C. capitata. sion will continue into subsequent (1) Trapping for C. capitata must be shipping seasons until APHIS and the conducted in the places of production NPPO of Mexico jointly agree that the in accordance with the bilateral plant pest risk at the place of produc- workplan to demonstrate that those tion is adequately mitigated. places are free of C. capitata. Specific (2) If the grower is unable to identify trapping requirements must be in- the place of production in which the cluded in the bilateral workplan. The potatoes were grown, that grower will NPPO of Colombia must keep records be suspended from the export program of fruit fly detections for each trap and for potatoes to the United States for at make the records available to APHIS least the remainder of the shipping sea- upon request. son. The suspension will continue into (2) All fruit flies trapped must be re- subsequent shipping seasons until the ported to APHIS immediately. Capture APHIS and the NPPO of Mexico jointly of C. capitata will result in immediate agree that the plant pest risk at the cancellation of exports from farms grower is adequately mitigated. within a 5 kilometer radius (78.54 (3) If the packinghouse is unable to square kilometers) of the detection identify the grower from which the po- site. An additional 50 traps must be tatoes originated, that packinghouse placed within an area with a 1.26 kilo- will be suspended from the export pro- meter radius (5 square kilometers) sur- gram for potatoes to the United States rounding the detection site. If a second for at least the remainder of the ship- detection is made within 30 days of a ping season. The suspension will con- previous capture, eradication using a tinue into subsequent shipping seasons bait spray agreed upon by APHIS and until the APHIS and the NPPO of Mex- the NPPO of Colombia must be initi- ico jointly agree that the plant pest ated in the detection area. Treatment

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must continue for at least 2 months. must be completed jointly by the Exports may resume from the detec- NPPO of Israel and APHIS. tion area when APHIS and the NPPO of (2) The NPPO of Israel must visit and Colombia agree the risk has been miti- inspect the production sites. APHIS gated. may monitor the production sites if (d) Post-harvest procedures. The cape necessary. gooseberry must be packed in boxes (3) Production sites must be inside marked with the identity of the origi- pest-exclusionary structures (PES). nating farm. The boxes must be packed The PES must have self-closing double in sealed and closed containers before doors. All openings, including vents, to being shipped. the outside of the PES must be covered (e) Phytosanitary inspection. After by screening with mesh openings of not packing, the NPPO of Colombia must more than 1.6 mm. visually inspect a biometric sample of (b) Mitigation measures for fruit flies cape gooseberry at a rate jointly ap- (C. capitata and D. ciliatus). (1) The proved by APHIS and the NPPO of Co- NPPO of Israel must set and maintain lombia, and cut open the sampled fruit fruit fly traps with an APHIS-approved to detect C. capitata. bait at a rate of one trap per hectare, (f) Commercial consignments. The cape with a minimum of one trap in each gooseberry must be imported in com- PES and one outside the entrance of mercial consignments only. each PES. The NPPO of Israel must (g) Phytosanitary certificate. Each con- check the traps every 7 days and main- signment of cape gooseberry must be tain records of trap placement, trap accompanied by a phytosanitary cer- maintenance, and captures of any fruit tificate issued by the NPPO of Colom- flies of concern. The NPPO must main- bia containing an additional declara- tain trapping records and make the tion stating that the fruit originated records available to APHIS upon re- from a place of production free of C. quest. capitata within the low prevalence area (2) Capture of a single fruit fly of of Bogota Savannah and the neigh- concern inside a production site will boring municipalities above 2,200 me- immediately result in cancellation of ters of elevation in the Departments of exports to the United States from that Boyaca´ and Cundinamarca and was production site. The detection of a produced in accordance with the re- fruit fly of concern in a consignment at quirements of § 319.56–67. the port of entry that is traced back to a production site will also result in im- (Approved by the Office of Management and mediate cancellation of exports to the Budget under control number 0579–0411) United States from that production [79 FR 24997, May 2, 2014, as amended at 79 site. In both cases, exports from the FR 59090, Oct. 1, 2014] production site in question may not re- sume until APHIS and the NPPO of § 319.56–68 Female squash flowers Israel have mutually determined that from Israel. the risk has been properly mitigated. Female squash flowers (Cucurbita (c) Packinghouse requirements. While pepo L.) may be imported into the con- in use for exporting female squash tinental United States from Israel only flowers to the United States, the pack- in accordance with this section and inghouses may only accept flowers other applicable provisions of this sub- from registered production sites. part. These conditions are designed to (d) Post-harvest procedures. Before prevent the introduction of the fol- being removed from the PES, harvested lowing quarantine pests: Ceratitis female squash flowers must be placed capitata, Dacus ciliatus, Helicoverpa in field cartons or containers that are armigera, and Scirtothrips dorsalis. marked to show the official registra- (a) Production site requirements. (1) tion number of the production site. The Production sites in which the female place of production where the flowers squash flowers are produced must be were grown must remain identifiable registered with the national plant pro- from the time when the blossoms leave tection organization (NPPO) of Israel. the production site, to the packing- Initial approval of production sites house, and through the export process.

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(e) Commercial consignments. The fe- phytosanitary certificate issued by the male squash flowers may be imported NPPO of Morocco with an additional in commercial consignments only. declaration stating that the conditions (f) Phytosanitary certificate. Each con- of this section have been met, and that signment must be accompanied by a the consignment has been inspected phytosanitary certificate issued by the prior to export from Morocco and found NPPO of Israel with an additional dec- free of M. fructigena. laration stating that the consignment has been inspected and found free of (Approved by the Office of Management and Budget under control number 0579–0421) Ceratitis capitata, Dacus ciliatus, Helicoverpa armigera, and Scirtothrips [79 FR 44119, July 30, 2014] dorsalis. § 319.56–70 Fresh litchi and longan (Approved by the Office of Management and from Vietnam. Budget under control number 0579–0406) Litchi (Litchi chinensis Sonn.) and [79 FR 32434, June 5, 2014] longan (Dimocarpus longan Lour.) fruit § 319.56–69 Fresh blueberries from Mo- may be imported into the continental rocco. United States from Vietnam only under the following conditions: Fresh fruit of highbush blueberry (a) Growing conditions. Litchi fruit (Vaccinium corymbosum L.) and its hy- must be grown in orchards registered brid varieties southern highbush blue- with and monitored by the national berry [V. corymbosum × angustifolium (V. × atlanticum) and V. corymbosum × plant protection organization (NPPO) virgatum] may be imported into the of Vietnam to ensure that the fruit are continental United States from Mo- free of disease caused by Phytophthora rocco only under the conditions de- litchii. scribed in this section. These condi- (b) Treatment. Litchi and longan fruit tions are designed to prevent the intro- must be treated with irradiation for duction of the following quarantine plant pests of the class Insecta, except pests: Ceratitis capitata, the Mediterra- pupae and adults of the order Lepidop- nean fruit fly, and the fungus Monilinia tera, in accordance with part 305 of this fructigena Honey ex Whetzel. chapter. (a) The blueberries may be imported (c) Labeling. In addition to meeting in commercial consignments only. the labeling requirements in part 305 of (b) The blueberries must be grown at this chapter, cartons containing litchi places of production that are registered or longan must be stamped ‘‘Not for with the national plant protection or- importation into or distribution in ganization (NPPO) of Morocco. FL.’’ (c) During the growing season, blue- (d) Commercial consignments. The li- berries must be inspected in the field tchi and longan fruit may be imported by the NPPO of Morocco for signs of M. in commercial consignments only. fructigena infestation 30 days prior to (e) Phytosanitary certificates. (1) Each harvest. If the fungal disease is de- consignment of litchi fruit must be ac- tected, the NPPO of Morocco must no- companied by a phytosanitary certifi- tify APHIS. APHIS will prohibit the cate issued by the NPPO of Vietnam importation of blueberries from Mo- attesting that the conditions of this rocco into the continental United section have been met and that the States from the place of production for consignment was inspected in Vietnam the remainder of the growing season. and found free of Phytophthora litchii. The exportation of blueberries from the (2) Each consignment of longan fruit rejected place of production may not must be accompanied by a resume until APHIS and the NPPO of phytosanitary certificate issued by the Morocco agree that appropriate reme- NPPO of Vietnam attesting that the dial actions have been taken. conditions of this section have been (d) Each consignment of blueberries met. must be treated in accordance with 7 CFR part 305 for C. capitata. (Approved by the Office of Management and (e) Each consignment of blueberries Budget under control number 0579–0387) must be accompanied by a [79 FR 52544, Sept. 4, 2014]

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§ 319.56–71 Mangoes from Jamaica. (f) Phytosanitary certificate. Each con- Mangoes (Mangifera indica) may be signment of fruit must be inspected by imported into the continental United the NPPO of Jamaica and accompanied States from Jamaica only under the by a phytosanitary certificate issued following conditions: by the NPPO of Jamaica with one of (a) General requirements. (1) The na- the following additional declarations. tional plant protection organization (1) For mangoes that were subject to (NPPO) of Jamaica must provide an treatment for Anastrepha spp. fruit operational workplan to APHIS that flies in Jamaica, the additional dec- details the activities that the NPPO of laration must state that the mangoes Jamaica, subject to APHIS’ approval of were subjected to treatment in accord- the workplan, will carry out to meet ance with 7 CFR part 305 for Anastrepha the requirements of this section. spp. fruit flies; that the mangoes were (2) The mangoes must be grown at inspected and found free of C. moestus; places of production that are registered and that the mangoes were either with the NPPO of Jamaica and that treated with a pre- or post-harvest fun- meet the specifications detailed in the gicidal application or they were in- workplan. If a pest or disease is de- spected prior to export and found free tected at the port of entry in the of P. mangiferae and X. campestris pv. United States, the consignment of mangiferaeindicae. mangoes would be prohibited entry (2) If the mangoes are to be treated into the United States and further for Anastrepha spp. fruit flies upon ar- shipments from the place of production rival in the United States, the addi- where the mangoes were grown will be tional declaration must state that the prohibited until an investigation is mangoes were inspected and found free conducted and APHIS and the NPPO of of C. moestus and were either treated Jamaica agree that the risk has been with a pre- or post-harvest fungicidal mitigated. application or inspected prior to export (3) The mangoes may be imported in and found free of P. mangiferae and X. commercial consignments only. campestris pv. mangiferaeindicae. (b) Treatment. The mangoes must be (Approved by the Office of Management and treated for Anastrepha spp. fruit flies in Budget under control number 0579–0419) accordance with part 305 of this chap- ter. [79 FR 55964, Sept. 18, 2014] (c) Packaging. The mangoes must be safeguarded from exposure to fruit flies § 319.56–72 Apples from China. from the time of treatment to export, Fresh apples (Malus pumila) from including packaging that prevents ac- China may be imported into the conti- cess by fruit flies and other injurious nental United States from China only insect pests. The package containing under the conditions described in this the mangoes could not contain any section. These conditions are designed other fruit, including mangoes not to prevent the introduction of the fol- qualified for importation into the lowing quarantine pests: Adoxophyes United States. orana (Fischer von Ro¨ slerstamm), sum- (d) Inspection. The mangoes must be mer fruit tortix; Archips micaceana inspected by the NPPO of Jamaica and (Walker), a moth; Argyrotaenia found free of Coccus moestus. ljungiana (Thunberg), grape tortix; (e) Plant pathogens. The risks pre- Bactrocera dorsalis (Hendel), Oriental sented by Phomopsis mangiferae and fruit fly; Carposina sasakii Matsumura, Xanthomonas campestris pv. peach fruit moth; Cenopalpus pulcher mangiferaeindicae must be addressed in (Canestrini & Fanzago), flat scarlet one of the following ways: mite; Cryptoblabes gnidiella (Millie`re), (1) The mangoes are treated with a honeydew moth; Cydia funebrana broad-spectrum pre- or post-harvest (Treitschke), plum fruit moth; fungicidal application; or Euzophera bigella (Zeller), quince moth; (2) The mangoes are inspected prior Euzophera pyriella Yang, a moth; to export from Jamaica and found free Grapholita inopinata Heinrich, Manchu- of P. mangiferae and X. campestris pv. rian fruit moth; Leucoptera malifoliella mangiferaeindicae. (Costa), apple leaf miner; Monilia

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polystroma van Leeuwen, Asian brown next growing season if an investigation rot; Monilinia fructigena Honey, brown is conducted by the NPPO, and APHIS fruit rot; Rhynchites auratus (Scopoli), and the NPPO conclude that appro- apricot weevil; Rhynchites bacchus (L.), priate remedial action has been taken. peach weevil; Rhynchites giganteus (c) Packinghouse requirements. (1) Krynicky, a weevil; Rhynchites heros Packinghouses must be registered with Roelofs, a weevil; Spilonota albicana the NPPO of China, and during the (Motschulsky), white fruit moth; time registered packinghouses are in Spilonota prognathana Snellen, a moth; use for packing apples for export to the and Ulodemis trigrapha Meyrick, a continental United States, the pack- moth. The conditions for importation inghouses may only accept apples that of all fresh apples from China are found are from registered places of produc- in paragraphs (a) through (e) of this section; additional conditions for ap- tion and that are produced in accord- ples imported from areas of China ance with the requirements of this sec- south of the 33rd parallel are found in tion. paragraph (f) of this section. (2) Packinghouses must have a track- (a) General requirements. (1) The na- ing system in place to readily identify tional plant protection organization all apples destined for export to the (NPPO) of China must provide an oper- continental United States that enter ational workplan to APHIS that de- the packinghouse and be able to trace tails the activities that the NPPO of the apples back to their place of pro- China will, subject to APHIS’ approval duction. of the workplan, carry out to meet the (3) Following the packinghouse in- requirements of this section. spection, the packinghouse must follow (2) The apples must be grown at a handling procedure for the apples places of production that are registered that is mutually agreed upon by with the NPPO of China. APHIS and the NPPO of China. (3) Apples from China may be im- (4) The apples must be washed and ported in commercial consignments brushed as well as waxed or sprayed only. with compressed air prior to shipment. (b) Place of production requirements. (1) (5) The apples must be packed in car- The place of production must carry out any phytosanitary measures specified tons that are labeled with the identity for the place of production under the of the place of production and the operational workplan as described in packinghouse. the regulations. (d) Shipping requirements. Sealed con- (2) When any apples destined for ex- tainers of apples destined for export to port to the continental United States the continental United States must be are still on the tree and are no more held in a cold storage facility while than 2.5 centimeters in diameter, dou- awaiting export. ble-layered paper bags must be placed (e) Phytosanitary certificate. Each con- wholly over the apples. The bags must signment of apples imported from remain intact and on the apples until China into the continental United at least 14 days prior to harvest. States must be accompanied by a (3) The NPPO of China must visit and phytosanitary certificate issued by the inspect registered places of production NPPO of China with an additional dec- prior to harvest for signs of infestation laration stating that the requirements and/or infection. of this section have been met and the (4) If Monilia polystroma van Leeuwen consignment has been inspected by the or Monilinia fructigena is detected at a NPPO and found free of quarantine registered place of production, APHIS pests. may reject the consignment or prohibit the importation into the continental (f) Additional conditions for apples from United States of apples from the place areas of China south of the 33rd parallel. of production for the remainder of the In addition to the conditions in para- season. The exportation to the conti- graphs (a) through (e) of this section, nental United States of apples from the apples from areas of China south of the place of production may resume in the

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33rd parallel apples must be treated in hibit that production site from export- accordance with 7 CFR part 305. ing peppers to the continental United States and its Territories and notify (Approved by the Office of Management and Budget under control number 0579–0423) APHIS of this action. The prohibition will remain in effect until the Peruvian [80 FR 22634, Apr. 23, 2015] NPPO and APHIS determine that the pest risk has been mitigated. § 319.56–73 Peppers From Peru. (4) The production sites must contain Fresh peppers (Capsicum annum L., traps for the detection of Anastrepha Capsicum baccatum L., Capsicum fraterculus (Wiedemann) and Ceratitis chinense Jacq., Capsicum frutescens L., capitata (Wiedemann) both within and and Capsicum pubescens Ruiz & Pav.) around the structures. Internal traps may be imported into the continental must be set for the duration of the United States and its Territories only time the production site is used to under the conditions described in this produce peppers for export to the conti- section. These conditions are designed nental United States or the Terri- to prevent the introduction of the fol- tories. External traps must be set for lowing quarantine pests: Anastrepha at least 2 months before export and fraterculus (Wiedemann), South Amer- trapping must continue to the end of ican fruit fly; Ceratitis capitata (Wiede- the harvest as follows: mann), Mediterranean fruit fly; (i) Traps with an approved protein elegantalis (Guene´e), a bait must be placed inside the produc- fruit boring moth; and Puccinia tion site at a density of four traps per pampeana Speg., a pathogenic fungus hectare, with a minimum of two traps that causes pepper and green pepper per structure. Traps must be serviced rust. once every 7 days. (a) Operational workplan. The na- (ii) If a single Anastrepha fraterculus tional plant protection organization (Wiedemann) or Ceratitis capitata (Wie- (NPPO) of Peru must provide an oper- demann) is detected inside a registered ational workplan to APHIS that de- production site or in a consignment, tails the activities that the NPPO of the registered production site will lose Peru will, subject to APHIS’ approval its ability to export peppers to the con- of the workplan, carry out to meet the tinental United States or its Terri- requirements of this section. The oper- tories until APHIS and the Peruvian ational workplan must include and de- NPPO mutually determine that risk scribe the quarantine pest survey in- mitigation is achieved. tervals and other specific requirements (iii) Traps with an approved protein as set forth in this section. bait must be placed inside a buffer area (b) Commercial consignments. Peppers 500 meters wide around the registered from Peru may be imported in com- production site, at a density of 1 trap mercial consignments only. per 10 hectares and a minimum of 10 (c) Production site requirements. (1) traps. These traps must be checked at Pepper production sites must consist of least once every 7 days. At least one of pest-exclusionary structures, which these traps must be near the produc- must have double self-closing doors and tion site. have all other windows, openings, and (iv) Capture of 0.7 or more Anastrepha vents covered with 1.6 mm (or less) fraterculus (Wiedemann) or Ceratitis screening. capitata (Wiedemann) per trap per week (2) All production sites that partici- will delay or suspend the harvest, de- pate in the export program must be pending on whether harvest has begun, registered with the Peruvian NPPO. for consignments of peppers from that (3) The production sites must be in- registered production site until APHIS spected prior to harvest for and the Peruvian NPPO can agree that Neoleucinodes elegantalis (Guene´e) and the pest risk has been mitigated. Puccinia pampeana Speg. If either of (v) The Peruvian NPPO must main- these pests, or other quarantine pests, tain records of trap placement, check- are found to be generally infesting or ing of traps, and any quarantine pest infecting the production site, the captures. The Peruvian NPPO must NPPO of Peru will immediately pro- maintain an APHIS-approved quality

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control program to monitor or audit Neoleucinodes elegantalis (Guene´e), a the trapping program. The trapping fruit boring moth; Puccinia pampeana records must be maintained for APHIS Speg., a pathogenic fungus that causes review. pepper and green pepper rust; (d) Packinghouse procedures. (1) All Spodoptera litura (Fabricius), a leaf-eat- packinghouses that participate in the ing moth; Thrips palmi Karny, an ar- export program must be registered thropod; and Tuta absoluta (Meyrick) with the Peruvian NPPO. Povolny, South American tomato (2) The peppers must be packed with- moth, tomato leaf miner. in 24 hours of harvest in a pest-exclu- (a) General requirements. The national sionary packinghouse. The peppers plant protection organization (NPPO) must be safeguarded by an insect-proof of Ecuador must provide an operational mesh screen or plastic tarpaulin while workplan to APHIS that details activi- in transit to the packinghouse and ties that the NPPO of Ecuador will, while awaiting packing. The peppers subject to APHIS’ approval of the must be packed in insect-proof cartons workplan, carry out to meet the re- or containers, or covered with insect- quirements of this section. The oper- proof mesh or plastic tarpaulin, for ational workplan must include and de- transit into the continental United scribe the specific requirements as set States or its Territories. These safe- forth in this section. guards must remain intact until ar- (b) Commercial consignments. Peppers rival in the continental United States from Ecuador may be imported in com- or its Territories or the consignment mercial consignments only. will be denied entry into the conti- (c) Production site requirements. (1) nental United States or its Territories. Pepper production sites must consist of (3) During the time the packinghouse pest-exclusionary structures, which is in use for exporting peppers to the must have double self-closing doors and continental United States or its Terri- have all other windows, openings, and tories, the packinghouse may only ac- vents covered with 1.6 mm (or less) cept peppers from registered approved screening. production sites. (2) All production sites that partici- (e) Phytosanitary certificate. Each con- pate in the pepper export program signment of peppers must be accom- must be registered with the NPPO of panied by a phytosanitary certificate Ecuador. of inspection issued by the Peruvian (3) The production sites must be in- NPPO stating that the fruit in the con- spected prior to each harvest by the signment has been produced in accord- NPPO of Ecuador or its approved des- ance with the requirements of the sys- ignee in accordance with the oper- tems approach in 7 CFR 319.56–73. ational workplan. If any quarantine pests are found to be generally infest- (Approved by the Office of Management and ing or infecting the production site, Budget under control number 0579–0434) the NPPO of Ecuador will immediately [80 FR 55018, Sept. 14, 2015] prohibit that production site from ex- porting peppers to the continental § 319.56–74 Peppers from Ecuador. United States and notify APHIS of this Fresh peppers (Capsicum annum L., action. The prohibition will remain in Capsicum baccatum L., Capsicum effect until the NPPO of Ecuador and chinense Jacq., Capsicum frutescens L., APHIS agree that the pest risk has and Capsicum pubescens Ruiz & Pav.) been mitigated. If a designee conducts from Ecuador may be imported into the program, the designation must be the continental United States only detailed in the operational workplan. under the conditions described in this The approved designee can be a con- section. These conditions are designed tracted entity, a coalition of growers, to prevent the introduction of the fol- or the growers themselves. lowing quarantine pests: Andean po- (4) The registered production sites tato mottle virus; Anastrepha must conduct trapping for the fruit fraterculus (Wiedemann), South Amer- flies A. fraterculus and C. capitata at ican fruit fly; Ceratitis capitata (Wiede- each production site in accordance mann), Mediterranean fruit fly; with the operational workplan.

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(5) If a single A. fraterculus or C. ping box must be labeled with the iden- capitata is detected inside a registered tity of the production site. production site or in a consignment, the NPPO of Ecuador must imme- (Approved by the Office of Management and diately prohibit that production site Budget under control number 0579–0437) from exporting peppers to the conti- 80 FR 64309, Oct. 23, 2015, as amended at 81 nental United States and notify APHIS FR 20528, Apr. 8, 2016] of the action. The prohibition will re- § 319.56–75 Andean blackberries and main in effect until the NPPO of Ecua- raspberries from Ecuador. dor and APHIS agree that the risk has been mitigated. Andean blackberries (Rubus glaucus Benth) and raspberries (Rubus idaeus (6) The NPPO of Ecuador must main- Linnaeus) may be imported into the tain records of trap placement, check- continental United States from Ecua- ing of traps, and any quarantine pest dor under the conditions described in captures in accordance with the oper- this section and other applicable provi- ational workplan. Trapping records sions of this subpart. These conditions must be maintained for APHIS review are designed to prevent the introduc- for at least 1 year. tion of the following quarantine pests: (7) The NPPO of Ecuador must main- Anastrepha fraterculus, Ceratitis tain a quality control program, ap- capitata, and Copitarsia decolora. proved by APHIS, to monitor or audit (a) General requirements. (1) The na- the trapping program in accordance tional plant protection organization with the operational workplan. (NPPO) of Ecuador must provide an (d) Packinghouse procedures. (1) All operational workplan to APHIS that packinghouses that participate in the details the systems approach to pest export program must be registered mitigations and other specific require- with the NPPO of Ecuador. ments that the NPPO of Ecuador will, (2) The peppers must be packed with- subject to APHIS’ approval of the in 24 hours of harvest in a pest-exclu- workplan, carry out to meet the re- quirements of this section. sionary packinghouse. The peppers (2) APHIS will be directly involved must be safeguarded by an insect-proof with the NPPO of Ecuador in moni- mesh screen or plastic tarpaulin while toring and auditing implementation of in transit to the packinghouse and the systems approach. while awaiting packing. The peppers (3) Andean blackberry and raspberry must be packed in insect-proof cartons fruit from Ecuador may be imported or containers, or covered with insect- into the continental United States in proof mesh or plastic tarpaulin, for commercial consignments only. transit into the continental United (b) Production site requirements. (1) States. These safeguards must remain Each production site must carry out intact until arrival in the continental the phytosanitary measures specified United States or the consignment will in the APHIS-approved operational be denied entry into the continental workplan. United States. (2) All places of production that par- (3) During the time the packinghouse ticipate in the export program must be is in use for exporting peppers to the approved by and registered with the continental United States, the pack- NPPO of Ecuador. APHIS reserves the inghouse may only accept peppers from right to conduct oversight visits in the registered approved production sites. event of pest interceptions or other (e) Phytosanitary certificate. Each con- problems. signment of peppers must be accom- (3) The NPPO of Ecuador or their des- ignee must conduct a fruit fly trapping panied by a phytosanitary certificate program for the detection of issued by the NPPO of Ecuador bearing Anastrepha fraterculus at each produc- the additional declaration that the tion site in accordance with the oper- consignment was produced and pre- ational workplan. If a designee con- pared for export in accordance with the ducts the program, the designation requirements of this section. The ship- must be detailed in the operational

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workplan. The approved designee can Catamarca, Jujuy, Salta, and be a contracted entity, a coalition of Tucuma´ n) only under the conditions growers, or the growers themselves. described in this section. These condi- (4) The NPPO of Ecuador must main- tions are designed to prevent the intro- tain records of trap placement, trap duction of the following quarantine checks, and any captures of Anastrepha pests: Brevipalpus chilensis, the Chilean fraterculus. The trapping records must false red mite; B. californicus, the cit- be maintained for APHIS’ review for at rus flat mite, B. obovatus, the scarlet least 1 year. tea mite, and B. phoenicis, the false spi- (5) The NPPO of Ecuador must main- der mite (referred to in this section as tain a quality control program, ap- ‘‘Brevipalpus spp. mites’’); Ceratitis proved by APHIS, to monitor or audit capitata, the Mediterranean fruit fly; the trapping program in accordance Cryptoblabes gnidiella, the honeydew with the operational workplan. moth; Elsinoe¨ australis, the causal (c) Packinghouse requirements. (1) agent of sweet orange scab disease; Packinghouses must be registered with Gymnandrosoma aurantianum (Lima), the NPPO of Ecuador and comply with the requirements as specified in the the citrus borer; and Xanthomonas citri operational workplan. subsp. citri (ex Hasse) Gabriel et al., the (2) While in use for exporting Andean causal agent of citrus canker disease. blackberries and raspberries to the (a) General requirements—(1) Oper- continental United States, the pack- ational workplan. The national plant inghouses may only accept fruit from protection organization (NPPO) of Ar- registered production sites. gentina must provide an operational (3) If a single Anastrepha fraterculus, workplan to APHIS that details the ac- Ceratitis capitata, or Copitarsia decolora tivities that the NPPO of Argentina is detected by the NPPO in a consign- and places of production and packing- ment, the consignment may not be ex- houses registered with the NPPO of Ar- ported to the United States. Further- gentina will, subject to APHIS’ ap- more, if a single Anastrepha fraterculus proval of the workplan, carry out to or Ceratitis capitata is detected in a con- meet the requirements of this section. signment at the port of entry and The operational workplan must include traced back to a registered production and describe the specific requirements site, that production site will lose its as set forth in this section. APHIS will ability to export Andean blackberries be directly involved with the NPPO of and raspberries to the continental Argentina in monitoring and auditing United States until APHIS and the implementation of the systems ap- NPPO of Ecuador mutually determine proach. that risk mitigation is achieved. (2) Registered places of production. The (d) Each con- Phytosanitary certificate. fresh lemons considered for export to signment of Andean blackberries and/ the continental United States must be or raspberries must be accompanied by grown by places of production that are a phytosanitary certificate issued by registered with the NPPO of Argentina the NPPO of Ecuador and bear an addi- tional declaration stating that the con- and that have been determined to be signment was produced and prepared free from B. chilensis in accordance for export in accordance with the re- with this section. quirements of § 319.56–75. (3) Registered packinghouses. The lem- ons must be packed for export to the (Approved by the Office of Management and continental United States in pest-ex- Budget under control number 0579–0435) clusionary packinghouses that are reg- [81 FR 20527, Apr. 8, 2016] istered with the NPPO of Argentina. (4) Recordkeeping. The NPPO of Ar- § 319.56–76 Lemons from northwest gentina must maintain all forms and Argentina. documents pertaining to registered Fresh lemons (Citrus limon (L.) Burm. places of production and packinghouses f.) may be imported into the conti- for at least 1 year and, as requested, nental United States from northwest provide them to APHIS for review. Argentina (the Provinces of Based on APHIS’ review of records,

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APHIS may monitor places of produc- ance with the operational workplan. If tion and packinghouses, as APHIS a single live B. chilensis mite is discov- deems warranted. ered as a result of such sampling, the (5) Commercial consignments. Lemons place of production will not be consid- from Argentina can be imported to the ered free from B. chilensis and will not continental United States in commer- be able to export lemons to the United cial consignments only. For purposes States. Each place of production will of this section, fruit in a commercial have only one opportunity per harvest consignment must be practically free season to be considered free of B. of leaves, twigs, and other plant parts, chilensis, and certification of B. except for stems less than 1 inch long chilensis freedom will only last one har- and attached to the fruit. vest season. (6) Identification. The identity of the (2) Places of production must remove each lot of lemons from Argentina plant litter and fallen debris from must be maintained throughout the ex- groves in accordance with the oper- port process, from the place of produc- ational workplan. Fallen fruit may not tion to the arrival of the lemons at the be included in field containers of fruit port of entry into the continental brought to the packinghouse to be United States. The means of identifica- packed for export. tion that allows the lot to be traced (3) Places of production must trap for back to its place of production must be C. capitata in accordance with the oper- authorized by the operational ational workplan. The NPPO must workplan. keep records regarding the placement (7) Harvesting restrictions or treatment and monitoring of all traps, as well as for fruit flies. Lemons from Argentina records of all pest detections in these must be harvested green and within the traps, and provide the records to time period of April 1 and August 31. If APHIS, as requested. they are harvested yellow or harvested (4) Places of production must carry outside of this time period, they must out any additional grove sanitation be treated for C. capitata in accordance and phytosanitary measures specified with part 305 of this chapter and the for the place of production by the oper- operational workplan. ational workplan. (8) Safeguarding. Lots of lemons des- (5) The NPPO of Argentina must visit tined for export to the continental and inspect registered places of produc- United States must be safeguarded dur- tion regularly throughout the export- ing movement from registered places of ing season for signs of infestations. production to registered packinghouses These inspections must start no more as specified by the operational than 30 days before harvest and con- workplan. tinue until the end of the export sea- (9) Phytosanitary certificate. Each con- son. The NPPO of Argentina must signment of lemons imported from Ar- allow APHIS to monitor these inspec- gentina into the continental United tions. The NPPO of Argentina must States must be accompanied by a also provide records of pest detections phytosanitary certificate issued by the and pest detection practices to APHIS. NPPO of Argentina with an additional Before any place of production may ex- declaration stating that the require- port lemons to the continental United ments of this section have been met States pursuant to this section, APHIS and that the consignments have been must review and approve of these prac- inspected and found free of Brevipalpus tices. spp. mites, B. chilensis, C. capitata, C. (6) If APHIS or the NPPO of Argen- gnidiella, and G. aurantianum. tina determines that a registered place (b) Place of production requirements. (1) of production has failed to follow the Prior to each harvest season, reg- requirements in this paragraph (b), the istered places of production of lemons place of production will be excluded destined for export to the continental from the export program until APHIS United States must be determined by and the NPPO of Argentina jointly APHIS and the NPPO of Argentina to agree that the place of production has be free from B. chilensis based on bio- taken appropriate remedial measures metric sampling conducted in accord- to address the plant pest risk.

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(c) Packinghouse requirements. (1) Dur- may be suspended from the export pro- ing the time registered packinghouses gram, pending an investigation. are in use for packing lemons for ex- (iii) If a single immature Medfly is port to the continental United States, found in or with the lemons, the lem- the packinghouses may only accept ons must be treated in accordance with lemons that are from registered places part 305 of this chapter and the oper- of production and that have been pro- ational workplan. Additionally, the duced in accordance with the require- registered place of production that pro- ments of this section. duced the lemons in the consignment (2) Lemons destined for export to the may be suspended from the export pro- continental United States must be gram, pending an investigation. packed within 24 hours of harvest in a registered pest-exclusionary packing- (5) If APHIS or the NPPO of Argen- house or stored in a degreening cham- tina determines that a registered pack- ber in the registered pest-exclusionary inghouse has failed to follow the re- packinghouse. Lemons must be packed quirements in this paragraph (c), the for shipment to the continental United packinghouse will be excluded from the States in insect-proof cartons or con- export program until APHIS and the tainers, or covered with insect-proof NPPO of Argentina jointly agree that mesh or plastic tarpaulin. These safe- the packinghouse has taken appro- guards must remain intact until the priate remedial measures to address lemons arrive in the United States, or the plant pest risk. the consignment will not be allowed to (d) Port of entry requirements. Consign- enter the United States. ments of lemons from Argentina will (3) Prior to packing, the lemons must be inspected at the port of entry into be washed, brushed, and surface dis- the United States. If any quarantine infected for E. australis and X. citri and pests are discovered on the lemons dur- in accordance with the operational ing inspection, the entire lot in which workplan, treated with an APHIS-ap- the quarantine pest was discovered will proved fungicide, and waxed. be subject to appropriate remedial (4) After treatment, the NPPO of Ar- measures to address this risk. gentina or officials authorized by the NPPO of Argentina must visually in- (Approved by the Office of Management and spect a biometric sample of each con- Budget under control number 0579–0448) signment for quarantine pests, wash the lemons in this sample, and inspect EFFECTIVE DATE NOTE: At 81 FR 94228, Dec. the filtrate for B. chilensis in accord- 23, 2016, § 319.56–76 was added, effective Jan. ance with the operational workplan. A 23, 2017. portion of the lemons must then be cut open and inspected for evidence of Subpart—Wheat Diseases quarantine pests. (i) If a single C. gnidiella or G. SOURCE: 70 FR 8231, Feb. 18, 2005, unless aurantianum in any stage of develop- otherwise noted. ment is found on the lemons, the entire consignment is prohibited from export § 319.59–1 Definitions. to the United States, and the reg- Administrator. The Administrator of istered place of production that pro- the Animal and Plant Health Inspec- duced the lemons is suspended from the tion Service, United States Depart- export program until APHIS and the NPPO of Argentina jointly agree that ment of Agriculture, or any employee the place of production has taken ap- of the United States Department of Ag- propriate remedial measures to address riculture delegated to act in his or her plant pest risk. stead. (ii) If a single B. chilensis or Animal and Plant Health Inspection Brevipalpus spp. mite in any stage of Service (APHIS). The Animal and Plant development is found on the lemons, Health Inspection Service of the U.S. the entire consignment is prohibited Department of Agriculture. from export, and the registered place of production that produced the lemons

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Controlled import permit. A written or or any other territory or possession of electronically transmitted authoriza- the United States. tion issued by APHIS for the importa- [70 FR 8231, Feb. 18, 2005, as amended at 70 tion into the United States of other- FR 71212, Nov. 28, 2005; 78 FR 25571, May 2, wise prohibited or restricted plant ma- 2013] terial for experimental, therapeutic, or developmental purposes, under con- § 319.59–2 General import prohibitions; trolled conditions as prescribed by the exceptions. Administrator in accordance with (a) Except as provided in paragraph § 319.6. (b) of this section, importation of From. An article is considered to be Triticum spp. plants into the United ‘‘from’’ any country or locality in States from any country except Canada which it was grown. is prohibited. This prohibition does not Grain. Wheat (Triticum aestivum), include seed. durum wheat (Triticum durum), and (b) Triticum spp. plants, articles listed triticale (Triticum aestivum × Secale in § 319.59–3 as prohibited importation cereale) used for consumption or proc- pending risk evaluation, and articles essing. regulated for Karnal bunt in § 319.59– Hay. Host crops cut and dried for 4(a) may be imported for experimental, feeding to livestock. Hay cut after therapeutic, or developmental purposes reaching the dough stage may contain under a controlled import permit mature kernels of the host crop. issued in accordance with § 319.6 if: (1) Imported at the National Plant Host crops. Plants or plant parts, in- Germplasm Inspection Station, Build- cluding grain, seed, or hay, of wheat ing 580, Beltsville Agricultural Center (Triticum aestivum), durum wheat East, Beltsville, MD 20705, or through (Triticum durum), and triticale (Triticum any USDA plant inspection station aestivum × Secale cereale). listed in § 319.37–14 of this part; Inspector. Any individual authorized (2) Imported pursuant to a controlled by the Administrator of APHIS or the import permit issued for such article Commissioner of the Bureau of Cus- and kept on file at the National Plant toms and Border Protection, Depart- Germplasm Inspction Station; ment of Homeland Security, to enforce (3) Imported under conditions of the regulations in this subpart. treatment, processing, growing, ship- Karnal bunt. A plant disease caused ment, or disposal specified on the con- by the fungus Tilletia indica (Mitra) trolled import permit and found by the Mundkur. Administrator to be adequate to pre- Plant. Any plant (including any plant vent the introduction into the United part) for or capable of propagation, in- States of tree, plant, or fruit diseases, cluding a tree, a tissue culture, a injurious insects, and other plant plantlet culture, pollen, a shrub, a pests, and vine, a cutting, a graft, a scion, a bud, (4) Imported with a controlled import a bulb, a root, and a seed. tag or label securely attached to the Seed. Wheat (Triticum aestivum), outside of the container containing the durum wheat (Triticum durum), and article or securely attached to the arti- triticale (Triticum aestivum × Secale cle itself if not in a container, and with cereale) used for propagation. such tag or label bearing a controlled Spp. (species). All species, clones, import permit number corresponding cultivars, strains, varieties, and hy- to the number of the controlled import brids, of a genus. permit issued for such article. Straw. The vegetative material left [70 FR 8231, Feb. 18, 2005, as amended at 70 after the harvest of host crops. Straw FR 71212, Nov. 28, 2005; 72 FR 43523, Aug. 6, is generally used as animal feed or bed- 2007; 78 FR 25571, May 2, 2013] ding, as mulch, or for erosion control. United States. The States, the Com- § 319.59–3 Articles prohibited importa- monwealth of the Northern Mariana Is- tion pending risk evaluation. lands, the Commonwealth of Puerto The articles listed in paragraph (a) of Rico, the District of Columbia, Guam, this section from the countries and lo- the Virgin Islands of the United States, calities listed in paragraph (b) of this

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section are prohibited from being im- that test positive for Karnal bunt ported or offered for entry into the through the presence of bunted ker- United States, except as provided in nels; § 319.59–2(b), pending the completion of (2) Plant parts, including grain, seed, an evaluation by APHIS of the poten- straw, or hay, of all varieties of wheat tial pest risks associated with the arti- (Triticum aestivum), durum wheat cles. The national plant protection or- (Triticum durum), and triticale (Triticum ganization of any listed country or lo- aestivum × Secale cereale) from a region cality may contact APHIS 1 to initiate listed in paragraph (b)(1) of this sec- the preparation of a risk evaluation. If tion, except for straw/stalks/seed heads supported by the results of the risk for decorative purposes that have been evaluation, APHIS will take action to processed or manufactured prior to remove that country or locality from movement and are intended for use in- the list in paragraph (b) of this section. doors; (a) The following articles of Triticum (3) Tilletia indica (Mitra) Mundkur; spp. (wheat) or of Aegilops spp. (barb (4) Mechanized harvesting equipment goatgrass, goatgrass): that has been used in the production of (1) Seeds, plants, and straw (other than straw, with or without heads, wheat, durum wheat, or triticale that which has been processed or manufac- has tested positive for Karnal bunt tured for use indoors, such as for deco- through the presence of bunted ker- rative purposes or for use in toys); nels; and chaff; and products of the milling proc- (5) Seed conditioning equipment and ess (i.e., bran, shorts, thistle sharps, storage/handling equipment that has and pollards) other than flour; and been used in the production of wheat, (2) Seeds of Melilotus indica (annual durum wheat, or triticale seed found to yellow sweetclover) and seeds of any contain the spores of Tilletia indica. other field crops that have been sepa- (b)(1) Karnal bunt is known to occur rated from wheat during the screening in the following regions: Afghanistan, process. India, Iran, Iraq, Mexico, Nepal, Paki- (b) Afghanistan, Algeria, Armenia, stan, and South Africa. Australia, Azerbaijan, Bangladesh, (2) The Administrator may recognize Belarus, Bulgaria, Chile, China, Cy- an area within a region listed in para- prus, Egypt, Estonia, Falkland Islands, graph (b)(1) of this section as an area Georgia, Greece, Guatemala, Hungary, free of Karnal bunt whenever he or she India, Iran, Iraq, Israel, Italy, Japan, determines that the area meets the re- Kazakhstan, Kyrgyzstan, Latvia, quirements of the International Stand- Libya, Lithuania, Moldova, Morocco, ard for Phytosanitary Measures (ISPM) Nepal, North Korea, Oman, Pakistan, No. 4, ‘‘Requirements for the establish- Portugal, Romania, Russia, Spain, ment of pest free areas.’’ The inter- Tajikistan, Tanzania, Tunisia, Turkey, national standard was established by Turkmenistan, South Africa, South the International Plant Protection Korea, Ukraine, Uzbekistan, and Ven- Convention of the United Nations’ ezuela. Food and Agriculture Organization and [70 FR 8231, Feb. 18, 2005, as amended at 70 is incorporated by reference in § 300.5 of FR 71212, Nov. 28, 2005] this chapter. APHIS will publish a no- tice in the FEDERAL REGISTER and § 319.59–4 Karnal bunt. maintain on an APHIS Web site a list (a) Regulated articles. The following of the specific areas that are approved are regulated articles for Karnal bunt: as areas in which Karnal bunt is not (1) Conveyances, including trucks, known to occur in order to provide the railroad cars, and other containers public with current, valid information. used to move host crops from a region Areas listed as being free from Karnal listed in paragraph (b)(1) of this section bunt are subject to audit by APHIS to verify that they continue to merit such listing. 1 Requests should be submitted in writing to Phytosanitary Issues Management, PPQ, (c) Handling, inspection and APHIS, 4700 River Road, Unit 140, Riverdale, phytosanitary certificates. Unless other- MD 20737–1236. wise prohibited under § 319.59–3 of this

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subpart, any articles described in para- equipment covered under paragraph graph (a)(2) of this section that are (d)(1)(iii) prior to entry into the United from a region listed in paragraph (b)(1) States. of this section may be imported into (3) Items that require disinfection the United States subject to the fol- prior to entry into the United States lowing conditions: must be disinfected in accordance with (1) The articles must be from an area part 305 of this chapter. that has been recognized, in accordance (Approved by the Office of Management and with paragraph (b)(2) of this section, to Budget under control number 0579–0240) be an area free of Karnal bunt, or the articles have been tested and found to [70 FR 8231, Feb. 18, 2005, as amended at 75 be free of Karnal bunt; FR 4253, Jan. 26, 2010] (2) The articles have not been com- mingled prior to arrival at a U.S. port Subpart—Packing Materials of entry with articles from areas where Karnal bunt is known to occur; QUARANTINE (3) The articles offered for entry § 319.69 Notice of quarantine. must be made available to an inspector for examination and remain at the port (a) The following plants and plant until released, or authorized further products, when used as packing mate- movement pending release, by an in- rials, are prohibited entry into the spector; and United States from the countries and (4) The articles must be accompanied localities named: by a phytosanitary certificate issued (1) Rice straw, hulls, and chaff; from by the national plant protection orga- all countries. nization of the region of origin that in- (2) Corn and allied plants (maize, sor- cludes the following additional declara- ghum, broomcorn, Sudan grass, napier tion: ‘‘These articles originated in an grass, jobs-tears, teosinte, Polytoca, area where Karnal bunt is not known Sclerachne, Chionachne); all parts, to occur, as attested to either by sur- from all countries except Mexico, and vey results or by testing for bunted the countries of Central America, the kernels or spores.’’ West Indies, and South America. (d) Treatments. (1) Prior to entry into (3) Cotton and cotton products (lint, the United States, the following arti- waste, seed cotton, cottonseed, and cles must be cleaned by removing any cottonseed hulls); from all countries. soil and plant debris that may be (4) Sugarcane; all parts of the plant present. including bagasse, from all countries. (i) All conveyances and mechanized (5) Bamboo; leaves and small shoots, harvesting equipment used for storing from all countries. and handling wheat, durum wheat, or (6) Leaves of plants; from all coun- triticale that tested positive for Karnal tries. bunt based on bunted kernels. (7) Forest litter; from all countries. (ii) All grain storage and handling (8) Soil containing an appreciable ad- equipment used to store or handle seed mixture of vegetable matter, from all that has tested spore positive or grain countries, except such types of soil or that has tested bunted-kernel positive. earth as are authorized as safe for (iii) All seed-conditioning equipment packing by the rules and regulations used to store or handle seed that has promulgated supplemental to this tested spore-positive. quarantine. (2) Articles listed in paragraphs Exceptions to the above prohibitions (d)(1)(i) and (d)(1)(ii) of this section will may be authorized in the case of spe- require disinfection in addition to cific materials which have been so pre- cleaning prior to entry into the United pared, manufactured, or processed that States if an inspector or an official of in the judgment of the inspector no the plant protection organization of pest risk is involved in their entry. the country of origin determines that (b) The following plants and plant disinfection is necessary to prevent the products when used as packing mate- spread of Karnal bunt. Disinfection is rials will be permitted entry into the required for all seed conditioning United States from the countries and

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localities designated below only in ac- into the United States from the coun- cordance with the regulations in this tries and localities named may be im- subpart: ported into Guam as packing materials (1) Cereal straw, hulls, and chaff without prohibition or restriction (such as oats, barley, and rye) from all under this subpart. Inspection of such countries, except rice straw, hulls, and importations may be made under the chaff, which are prohibited importation general authority of § 330.105(a) of this from all countries by paragraph (a)(1) chapter. If an importation is found in- of this section, and except wheat straw, fected, infested, or contaminated with hulls, and chaff, which are restricted any plant pest and is not subject to dis- importation by § 319.59 of this part from posal under this part, disposition may any country or locality listed in be made in accordance with § 330.106 of § 319.59–2 of this part. this chapter. (2) Corn and allied plants (maize, sor- (b) Corn and allied plants listed in ghum, broomcorn, Sudan grass, napier § 319.69(a)(2) may be imported into grass, jobs-tears, teosinte, Polytoca, Guam subject to the requirements of Sclerachne, Chionachne); all parts, §§ 319.69–2, 319.69–3, and 319.69–4. from Mexico and the countries of Cen- (c) Under § 319.69(a) (6) and (7), coco- tral America, the West Indies, and nut fronds and other parts of the coco- South America. nut trees are prohibited entry into (3) Grasses and hay and similar in- Guam as packing materials except as definite dried or cured masses of permitted in § 319.37–9. grasses, weeds, and herbaceous plants; [24 FR 10788, Dec. 29, 1959, as amended at 60 from all countries. FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, (4) Soil containing an appreciable ad- 1997] mixture of vegetable matter, from all countries, which is authorized as safe RULES AND REGULATIONS for packing by the rules and regula- § 319.69–1 Definitions. tions promulgated supplemental to this quarantine. (a) Packing materials. The expression (c) The importation of plants and ‘‘packing material’’, as used in § 319.69, plant products that are prohibited or includes any of the plants or plant restricted under paragraphs (a) and (b) products enumerated, when these are of this section may be authorized for associated with or accompany any experimental, therapeutic, or develop- commodity or shipment to serve for mental purposes under conditions spec- filling, wrapping, ties, lining, mats, ified in a controlled import permit moisture retention, protection, or for issued in accordance with § 319.6. any other purpose; and the word (d) This quarantine shall leave in full ‘‘packing’’, as used in the expression force and effect all other quarantines ‘‘packing materials’’, shall include the presence of such materials within, in and orders. contact with, or accompanying such (e) As used in this subpart, unless the commodity or shipment. 1 context otherwise requires, the term (b) Soil containing vegetable matter. United States means the States, the Dis- Soil containing an appreciable admix- trict of Columbia, Guam, Puerto Rico, ture of vegetable matter, here brought and the Virgin Islands of the United under quarantine only because its con- States. tent of decaying vegetation or plant re- [24 FR 10788, Dec. 29, 1959, as amended at 26 mains carries a definite pest risk, is to FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; be distinguished from soil of purely 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, mineral or earthy composition, which 1998; 78 FR 25571, May 2, 2013] is not covered by this quarantine. § 319.69a Administrative instructions and interpretation relating to the 1 Since it is the packing materials them- entry into Guam of plant materials selves which constitute the danger and not specified in § 319.69. the manner of use, it is intended that the definition shall include their presence within (a) Plants and products designated in or accompanying a shipment regardless of § 319.69(a)(1), (3), (4), and (5) and (b)(1) their function or relation to a shipment or and (3) as prohibited or restricted entry the character of the shipment.

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(c) Inspector. An inspector of the U.S. United States. The States, District of Department of Agriculture. Columbia, Guam, Northern Mariana Is- lands, Puerto Rico, and the Virgin Is- § 319.69–2 Freedom from pests. lands of the United States. All packing materials allowed entry Unroasted coffee. The raw or under restriction shall be free from in- unroasted seeds or beans of coffee. jurious insects and plant diseases. § 319.73–2 Products prohibited impor- § 319.69–3 Entry inspection. tation. All packing materials shall be sub- (a) To prevent the spread of the cof- ject to inspection at time of entry. fee berry borer Hypothenemus hampei (Ferrari) and the fungus Hemileia § 319.69–4 Disposition of materials vastatrix (Berkely and Broome), which found in violation. causes an injurious rust disease, the If the inspector shall find packing following articles are prohibited impor- materials associated with or accom- tation into Hawaii and Puerto Rico, ex- panying any commodity or shipment cept as provided in § 319.73–3 of this sub- being imported, or to have been im- part: ported, in violation of § 319.69 or of the (1) Unroasted coffee; regulations in this subpart or shall find (2) Coffee plants and leaves; and them infested or infected with inju- (3) Empty sacks previously used for rious insects or plant diseases, the in- unroasted coffee. spector may refuse entry to the ship- (b) Due to the risk of Mediterranean ment, or the inspector may seize and fruit fly and other injurious insects, destroy or otherwise dispose of such seeds of all kinds when in pulp, includ- packing material, or the inspector may ing coffee berries or fruits, are prohib- require it to be replaced, or sterilized, ited importation into all parts of the or otherwise treated. United States by § 319.37–2(a) of this part, except as provided in § 319.37–2(c). [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33326, June 7, 2005] § 319.73–3 Conditions for transit move- ment of certain products through § 319.69–5 Types of soil authorized for Puerto Rico or Hawaii. packing. (a) Mail. Samples of unroasted coffee The following types of soil or earth that are transiting Hawaii or Puerto are authorized as safe for packing: (a) Rico en route to other destinations and Peat, (b) peat moss, and (c) Osmunda that are packaged to prevent the es- fiber. cape of any plant pests may proceed without action by an inspector. Pack- Subpart—Coffee aging that would prevent the escape of plant pests includes, but is not limited SOURCE: 63 FR 65650, Nov. 30, 1998, unless to, sealed cartons, airtight containers, otherwise noted. or vacuum packaging. Samples of unroasted coffee received by mail but § 319.73–1 Definitions. not packaged in this manner are sub- Administrator. The Administrator of ject to inspection and safeguard by an the Animal and Plant Health Inspec- inspector. These samples must be re- tion Service, United States Depart- turned to origin or forwarded to a des- ment of Agriculture, or any employee tination outside Hawaii or Puerto Rico of the United States Department of Ag- in a time specified by an inspector and riculture delegated to act in his or her in packaging that will prevent the es- stead. cape of any plant pests. If this action is Inspector. Any individual authorized not possible, the samples must be de- by the Administrator to enforce this stroyed. subpart. (b) Cargo. Samples of unroasted cof- Sample. Unroasted coffee not for com- fee that are transiting Hawaii or Puer- mercial resale. Intended use includes, to Rico as cargo and that remain on but is not limited to, evaluation, test- the carrier may proceed to a destina- ing, or market analysis. tion outside Hawaii or Puerto Rico

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without action by an inspector. Sam- flower, which is the severed portion of ples may be transshipped in Puerto a plant, including the inflorescence and Rico or Hawaii only after an inspector any parts of the plant attached to it, in determines that they are packaged to a fresh state. This definition does not prevent the escape of any plant pests. include dried, bleached, dyed, or chemi- Samples that are not packaged in this cally treated decorative plant mate- manner must be rewrapped or packaged rials; filler or greenery, such as fern in a manner prescribed by an inspector fronds and asparagus plumes, fre- to prevent the escape of plant pests be- quently packed with fresh cut flowers; fore the transshipment will be allowed. or Christmas greenery, such as holly, (c) Other mail, cargo, and baggage mistletoe, and Christmas trees. shipments of articles covered by Inspector. Any individual authorized § 319.73–2 arriving in Puerto Rico or Ha- by the Administrator to enforce this waii may not be unloaded or trans- subpart. shipped in Puerto Rico or Hawaii and United States. All of the States, the are subject to inspection and other ap- District of Columbia, Guam, the North- plicable requirements of the Plant ern Mariana Islands, Puerto Rico, the Safeguard Regulations (part 352 of this Virgin Islands of the United States, chapter). and all other territories or possessions of the United States. § 319.73–4 Costs. [64 FR 38110, July 15, 1999, as amended at 78 All costs of inspection, packing ma- FR 25571, May 2, 2013] terials, handling, cleaning, safe- guarding, treating, or other disposal of § 319.74–2 Conditions governing the products or articles under this subpart entry of cut flowers. will be borne by the owner, importer, (a) Inspection. All cut flowers im- or agent of the owner or importer, in- ported into the United States must be cluding a broker. The services of an in- made available to an inspector for ex- spector during regularly assigned hours amination at the port of first arrival of duty and at the usual places of duty and must remain at the port of first ar- will be furnished without cost to the rival until released, or authorized fur- importer. ther movement, by an inspector. (b) Actions to prevent the introduction Subpart—Cut Flowers of plant pests; notice by an inspector. If an inspector orders any disinfection, SOURCE: 64 FR 38110, July 15, 1999, unless cleaning, treatment, reexportation, or otherwise noted. other action with regard to imported cut flowers that are found to be in- § 319.74–1 Definitions. fested with injurious plant pests or in- Administrator. The Administrator of fected with diseases, the inspector will the Animal and Plant Health Inspec- provide an emergency action notifica- tion Service, United States Depart- tion (PPQ Form 523) to the importer, ment of Agriculture, or any employee owner, or agent or representative of of the United States Department of Ag- the importer or owner of the cut flow- riculture delegated to act in his or her ers. The importer, owner, or agent or stead. representative of the importer or Controlled import permit. A written or owner must, within the time specified electronically transmitted authoriza- in the PPQ Form 523 and at his or her tion issued by APHIS for the importa- own expense, destroy the cut flowers, tion into the United States of other- ship them to a point outside the United wise prohibited or restricted plant ma- States, move them to an authorized terial for experimental, therapeutic, or site, and/or apply treatments, clean, or developmental purposes, under con- apply other safeguards to the cut flow- trolled conditions as prescribed by the ers as prescribed by the inspector on Administrator in accordance with the PPQ Form 523. Further, if the im- § 319.6. porter, owner, or agent or representa- Cut flower. The highly perishable tive of the importer or owner fails to commodity known in the commercial follow the conditions on PPQ Form 523 flower-producing industry as a cut by the time specified on the form,

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APHIS will arrange for destruction of methyl bromide in accordance with the cut flowers, and the importer, part 305 of this chapter, with the fol- owner, or agent or representative of lowing exceptions: the importer or owner will be respon- (1) Fumigation will not be required sible for all costs incurred. Cut flowers for cut flowers imported from Canada that have been cleaned or treated must (including Labrador and Newfoundland) be made available for further inspec- or Mexico because of the finding of tion, cleaning, and treatment at the agromyzids. option of the inspector at any time and (2) Fumigation will not be required place indicated by the inspector before for cut flowers of Chrysanthemum spp. the requirements of this subpart will have been met. Neither the Depart- imported from Colombia or the Domin- ment of Agriculture nor the inspector ican Republic because of the finding of may be held responsible for any ad- agromyzids, when such agromyzids are verse effects of treatment on imported identified by an inspector to be only cut flowers. agromyzids of the species Liriomyza (c) Fumigation for agromyzids. Cut trifolii (Burgess). flowers imported from any country or (d) Chrysanthemum white rust hosts. (1) locality and found upon inspection to The following Chrysanthemum, be infested with agromyzids (insects of Leucanthemella, and Nipponanthemum the family Agromyzidae) must be fumi- spp. are considered to be hosts of gated at the time of importation with chrysanthemum white rust:

Accepted name of susceptible spe- cies Synonyms Common name

Chrysanthemum arcticum L...... Arctanthemum arcticum (L.) Tzvelev and Arctic chrysanthemum and arctic Dendranthema arcticum (L.) Tzvelev. daisy. Chrysanthemum boreale (Makino) Chrysanthemum indicum L. var. boreale Makino and Makino. Dendranthema boreale (Makino) Ling ex Kitam. Chrysanthemum indicum L...... Dendranthema indicum (L.) Des Moul. Chrysanthemum japonense Nakai .. Dendranthema japonense (Nakai) Kitam. and Nojigiku. Dendranthema occidentali-japonense Kitam. Chrysanthemum japonicum Makino Chrysanthemum makinoi Matsum. & Nakai and Ryuno-giku. Dendranthema japonicum (Makino) Kitam. Chrysanthemum × morifolium Anthemis grandiflorum Ramat., Anthemis stipulacea Florist’s chrysanthemum, chrysan- Ramat. Moench, Chrysanthemum sinense Sabine ex themum, and mum. Sweet, Chrysanthemum stipulaceum (Moench) W. Wight, Dendranthema × grandiflorum (Ramat.) Kitam., Dendranthema × morifolium (Ramat.) Tzvelev, and Matricaria morifolia Ramat. Chrysanthemum pacificum Nakai ... Ajania pacifica (Nakai) K. Bremer & Humphries and Iso-giku. Dendranthema pacificum (Nakai) Kitam. Chrysanthemum shiwogiku Kitam .. Ajania shiwogiku (Kitam.) K. Bremer & Humphries Shio-giku. and Dendranthema shiwogiku (Kitam.) Kitam. Chrysanthemum yoshinaganthum Dendranthema yoshinaganthum (Makino ex Kitam.) Makino ex Kitam. Kitam. Chrysanthemum zawadskii Herbich Chrysanthemum arcticum subsp. maekawanum subsp. yezoense (Maek.) Y. N. Kitam, Chrysanthemum arcticum var. yezoense Lee. Maek. [basionym], Chrysanthemum yezoense Maek. [basionym], Dendranthema yezoense (F. Maek.) D. J. N. Hind, and Leucanthemum yezoense (Maek.) a´. Lo¨ve & D. Lo¨ve. Chrysanthemum zawadskii Herbich Chrysanthemum sibiricum Turcz. ex DC., nom. subsp. zawadskii. inval., Dendranthema zawadskii (Herbich) Tzvelev, and Dendranthema zawadskii var. zawadskii. Leucanthemella serotina (L.) Chrysanthemum serotinum L., Chrysanthemum Giant daisy or high daisy. Tzvelev. uliginosum (Waldst. & Kit. ex Willd.) Pers., and Py- rethrum uliginosum (Waldst. & Kit. ex Willd.). Nipponanthemum nipponicum Chrysanthemum nipponicum (Franch. ex Maxim.) Nippon daisy or Nippon-chrysan- (Franch. ex Maxim.) Kitam. Matsum. and Leucanthemum nipponicum Franch. themum. ex Maxim.

(2) Chrysanthemum white rust is con- Belarus, Bosnia and Herzegovina, sidered to exist in the following re- Brazil, Brunei, Canary Islands, Chile, gions: Andorra, Argentina, Australia, China, Colombia, Croatia, Ecuador,

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Iceland, Japan, Korea, Liechtenstein, production site until such time when Macedonia, Malaysia, Mexico, APHIS and the NPPO of the exporting Moldova, Monaco, New Zealand, Nor- country, can agree that the eradication way, Peru, Republic of South Africa, measures taken have been effective and Russia, San Marino, Switzerland, Tai- that the pest risk within the produc- wan, Thailand, Tunisia, Ukraine, Uru- tion site has been eliminated. guay, Venezuela, Yugoslavia; the Euro- (e) Irradiation. Cut flowers and foli- pean Union (Austria, Belgium, Bul- age that are required under this part to garia, Cyprus, Czech Republic, Den- be treated or subjected to inspection to mark, Estonia, Finland, France, Ger- control one or more of the plant pests many, Greece, Hungary, Ireland, Italy, for which irradiation is an approved Latvia, Lithuania, Luxembourg, Malta, treatment under part 305 of this chap- Netherlands, Poland, Portugal, Roma- ter may instead be treated with irra- nia, Slovakia, Slovenia, Spain, Sweden, diation. Irradiation treatment must be and United Kingdom); and all coun- conducted in accordance with the re- tries, territories, and possessions of countries located in part or entirely quirements of part 305 of this chapter. between 90° and 180° East longitude. There is a possibility that some cut (3) Cut flowers of any species listed in flowers could be damaged by such irra- paragraph (d)(1) of this section may be diation. imported into the United States from (f) Refusal of entry. If an inspector any region listed in paragraph (d)(2) of finds that imported cut flowers are so this section only under the following infested with a plant pest or infected conditions: with disease that, in the judgment of (i) The flowers must be grown in a the inspector, they cannot be cleaned production site that is registered with or treated, or if they contain soil or the national plant protection organiza- other prohibited contaminants, the en- tion (NPPO) of the country in which tire lot may be refused entry into the the production site is located or with United States. the NPPO’s designee, and the NPPO or (Approved by the Office of Management and its designee must provide a list of reg- Budget under control number 0579–0271) istered sites to APHIS. (ii) Each shipment of cut flowers [64 FR 38110, July 15, 1999, as amended at 71 must be accompanied by a FR 4464, Jan. 27, 2006; 72 FR 15811, Apr. 3, phytosanitary certificate or equivalent 2007; 75 FR 4253, Jan. 26, 2010] documentation, issued by the NPPO of the country of origin or its designee, § 319.74–3 Importations for experi- mental or similar purposes. that contains an additional declaration stating that the place of production as Cut flowers may be imported for ex- well as the consignment have been in- perimental, therapeutic, or develop- spected and found free of Puccinia mental purposes under conditions spec- horiana. ified in a controlled import permit (iii) Box labels and other documents issued in accordance with § 319.6. accompanying shipments of cut flowers [78 FR 25571, May 2, 2013] must be marked with the identity of the registered production site. § 319.74–4 Costs and charges. (iv) APHIS-authorized inspectors must also be allowed access to produc- The Animal and Plant Health Inspec- tion sites and other areas necessary to tion Service, U.S. Department of Agri- monitor the chrysanthemum white culture, will be responsible only for the rust-free status of the production sites. costs of providing the services of an in- (4) Cut flowers not meeting these spector during regularly assigned hours conditions will be refused entry into of duty and at the usual places of duty the United States. The detection of (provisions relating to costs for other chrysanthemum white rust in a ship- services of an inspector are contained ment of cut flowers from a registered in 7 CFR part 354). The importer, production site upon arrival in the owner, or agent or representative of United States will result in the prohi- the importer or owner of cut flowers is bition of imports originating from the responsible for all additional costs of

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inspection, treatment, movement, stor- cle itself if not in a container, and with age, or destruction ordered by an in- such tag or label bearing a controlled spector under this subpart, including import permit number corresponding the costs of any labor, chemicals, pack- to the number of the controlled import ing materials, or other supplies re- permit issued for such article. quired. [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, Subpart—Khapra Beetle 2001; 72 FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 2013; 79 FR 19811, Apr. 10, 2014] § 319.75 Restrictions on importation of regulated articles; disposal of arti- § 319.75–1 Definitions. cles refused importation. Terms used in the singular form in (a) The Secretary has determined this subpart shall be construed as the that in order to prevent the entry into plural, and vice-versa, as the case may the United States of khapra beetle demand. The following terms, when (Trogoderma granarium Everts) it is nec- used in this subpart, shall be con- essary to restrict the importation of strued, respectively, to mean: certain articles from foreign countries Administrator. The Administrator of and localities. Accordingly, no person the Animal and Plant Health Inspec- shall import any regulated article un- tion Service, United States Depart- less in conformity with all of the appli- ment of Agriculture, or any employee cable restrictions in this subpart. of the United States Department of Ag- (b) Any article refused importation riculture delegated to act in his or her for noncompliance with the require- stead. ments of this subpart shall be promptly removed from the United States or From. An article is considered to be abandoned by the importer, and pend- ‘‘from’’ any country or locality in ing such action shall be subject to the which it originated or any country(ies) immediate application of such safe- or locality(ies) in which it was guards against escape of plant pests as offloaded prior to arrival in the United the inspector determines necessary to States. prevent the introduction into the Import. (importation, imported). To United States of plant pests. If the ar- import or move into the United States. ticle is not promptly safeguarded, re- Inspector. Any individual authorized moved from the United States, or aban- by the Administrator or the Commis- doned by the importer for destruction, sioner of U.S. Customs and Border Pro- it may be seized, destroyed, or other- tection, Department of Homeland Se- wise disposed of in accordance with curity, to enforce the regulations in section 414 of the Plant Protection Act this subpart. (7 U.S.C. 7714). Nursery stock. All field-grown florist’s (c) A regulated article may be im- stock, trees, shrubs, vines, cuttings, ported without complying with other grafts, scions, buds, fruit pits, and restrictions under this subpart if: other seeds of fruit and ornamental (1) Imported for experimental, thera- trees or shrubs, and other plants and peutic, or developmental purposes plant products for propagation, except under the conditions specified in a con- field, vegetable and flower seeds, bed- trolled import permit issued in accord- ding plants, and other herbaceous ance with § 319.6; plants, bulbs, and roots. (2) Imported at the National Plant Person. Any individual, corporation, Germplasm Inspection Station, Build- company, society, association or other ing 580, Beltsville Agricultural Re- organized group. search Center East, Beltsville, MD Phytosanitary certificate of inspection. 20705, or through any USDA plant in- A document relating to a regulated ar- spection station listed in § 319.37–14; ticle, which is issued by a plant protec- and tion official of the country in which (3) Imported with a controlled import the regulated article was grown, which tag or label securely attached to the is issued not more than 15 days prior to outside of the container containing the shipment of the regulated article from article or securely attached to the arti- the country in which grown, which is

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addressed to the plant protection serv- § 319.75–2 Regulated articles. 1 ice of the United States (Plant Protec- (a) The following articles are regu- tion and Quarantine), which contains a lated articles from all countries des- description of the regulated article in- tended to be imported into the United ignated in accordance with paragraph States, which certifies that the article (c) of this section as infested with has been thoroughly inspected, is be- khapra beetle and are subject to man- lieved to be free from injurious plant datory treatment in accordance with diseases, injurious insect pests, and § 319.75–4: other plant pests, and is otherwise be- (1) Seeds of the plant family lieved to be eligible for importation Cucurbitaceae 2 if in shipments greater pursuant to the current phytosanitary than 2 ounces, if not for propagation; laws and regulations of the United (2) Goatskins, lambskins, and sheep- States. skins (excluding goatskins, lambskins, Plant gum. Any of numerous colloidal and sheepskins which are fully tanned, polysaccharide substances of plant ori- blue-chromed, pickled in mineral acid, gin that are gelatinous when moist but or salted and moist); harden on drying. Plant gums include (3) Plant gums and plant gum seeds but are not limited to acacia gum, guar shipped as bulk cargo (in an gum, gum arabic, locust gum and unpackaged state); tragacanth gum. (4) Used jute or burlap bagging not Plant pest. The egg, pupal, and larval containing cargo; stages as well as any other living stage (5) Used jute or burlap bagging that of any insects, mites, nematodes, slugs, is used as a packing material (such as snails, protozoa, or other invertebrate filler, wrapping, ties, lining, matting, , bacteria, fungi, other para- moisture retention material, or protec- sitic plants or reproductive parts tion material), and the cargo for which thereof, viruses, or any organisms the used jute or burlap bagging is used similar to or allied with any of the as a packing material; and foregoing, or any infectious substances, (6) Whole chilies (Capsicum spp.), which can directly or indirectly injure whole red peppers (Capsicum spp.), and or cause disease or damage in any cumin seeds (Cuminum cyminum) when plants or parts thereof, or any proc- packed in new jute or burlap bagging; essed, manufactured, or other products (b) The following articles are regu- of plants. lated articles from all countries des- Plant Protection and Quarantine. The ignated in accordance with paragraph organizational unit within the Animal (c) of this section as infested with and Plant Health Inspection Service, khapra beetle or that have the poten- U.S. Department of Agriculture, dele- tial to be infested with khapra beetle gated responsibility for enforcing pro- and are prohibited entry into the visions of the Plant Protection Act and United States in passenger baggage and related legislation, quarantines, and personal effects. Commercial ship- regulations. ments must be accompanied by a Secretary. The Secretary of Agri- culture, or any other officer or em- ployee of the Department of Agri- 1 The importation of regulated articles may culture to whom authority to act in be subject to prohibitions or additional re- strictions under other provisions of 7 CFR his/her stead has been or may hereafter part 319, such as Subpart—Foreign Cotton be delegated. and Covers (see § 319.8) and Subpart—Fruits United States. The States, District of and Vegetables (see § 319.56). Columbia, American Samoa, Guam, 2 Seeds of the plant family Cucurbitaceae Northern Mariana Islands, Puerto include but are not limited to: Benincasa Rico, and the Virgin Islands of the hispida (wax gourd), Citrullus lanatus (water- United States. melon), Cucumis melo (muskmelon, canta- loupe, honeydew), Cucumis sativus (cucum- [46 FR 38334, July 27, 1981, as amended at 47 ber), Cucurbita pepo (pumpkin, squashes, veg- FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, etable marrow), Lagenaria siceraria (cala- 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, bash, gourd), Luffa cylindrica (dishcloth Apr. 27, 2001; 78 FR 25572, May 2, 2013; 19811, gourd), Mormordica charantia (bitter melon), Apr. 10, 2014; 79 FR 77841, Dec. 29, 2014] and Sechium edule (chayote).

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phytosanitary certificate issued in ac- (if not in a container) the following in- cordance with § 319.75–9 and containing formation: an additional declaration stating: ‘‘The (1) General nature and quantity of shipment was inspected and found free the contents, of khapra beetle (Trogoderma (2) Country or locality of origin, granarium).’’ (3) Name and address of shipper, (1) Rice (Oryza sativa); and owner, or person shipping or for- (2) Chick peas (Cicer spp.), safflower warding the article, seeds (Carthamus tinctorius), and soy- (4) Name and address of consignee, beans (Glycine max). (c) The Administrator will designate (5) Identifying shipper’s mark and a country or an area under a specific number, and jurisdictional authority as infested (b) Any regulated article shall be ac- with khapra beetle when we receive of- companied at the time of importation ficial notification from the country or by an invoice or packing list indicating area that it is infested or when we the contents of the shipment. intercept the pest in a commercial (Approved by the Office of Management and shipment from that country. The Ad- Budget under control number 0579–0049) ministrator will publish the list of countries or areas under a specific ju- [46 FR 38334, July 27, 1981, as amended at 47 risdictional authority found to be in- FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, fested with khapra beetle on the Plant 1983; 79 FR 19811, Apr. 10, 2014] Protection and Quarantine Web site, § 319.75–6 Arrival notification. http://www.aphis.usda.gov/importlexport/ plants/manuals/ports/downloads/kb.pdf. Promptly upon arrival of any regu- After a change is made to the list of in- lated article at a port of entry, the im- fested countries or areas, we will pub- porter shall notify Plant Protection lish a notice in the FEDERAL REGISTER and Quarantine of the arrival by such informing the public that the change means as a manifest, Customs entry has occurred. document, commercial invoice, way- [79 FR 77841, Dec. 29, 2014, as amended at 80 bill, a broker’s document, or a notice FR 43010, July 21, 2015] form provided for that purpose. (Approved by the Office of Management and § 319.75–3 Permits. Budget under control number 0579–0049) A regulated article may be imported only after issuance of a written permit [46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983; 79 FR 19811, Apr. 10, or oral authorization by the Plant Pro- 2014] tection and Quarantine Programs in accordance with §§ 319.7 through 319.7–5. § 319.75–7 Costs and charges. (Approved by the Office of Management and The services of the inspector during Budget under control number 0579–0049) regularly assigned hours of duty and at [79 FR 19811, Apr. 10, 2014] the usual places of duty shall be fur- nished without cost to the importer. 4 § 319.75–4 Treatments. The importer shall be responsible for Prior to moving into the United arrangements for treatments required States from the port of entry, a regu- under § 319.75–4. Any treatment re- lated article listed in § 319.75–2(a) shall quired under § 319.75–4 for a regulated be treated for possible infestation with article shall be performed at the port khapra beetle in accordance with part of entry by a nongovernmental fumi- 305 of this chapter. gator at the importer’s expense, and [79 FR 77841, Dec. 29, 2014]

§ 319.75–5 Marking and identity. (a) Any regulated article at the time of importation shall plainly and cor- 4 Provisions relating to costs for other rectly bear on the outer container (if in services of an inspector are contained in 7 a container) or on the regulated article CFR part 354.

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shall be performed under the super- (c) Any nursery stock, plant, fruit, vision of an inspector. Plant Protec- vegetable, root, bulb, seed, or other tion and Quarantine will not be respon- plant product designated as a regulated sible for any costs or charges, other article and grown in a country not than those indicated in this section. maintaining an official system of in- [46 FR 38334, July 27, 1981, as amended at 79 spection for the purpose of determining FR 19811, Apr. 10, 2014] whether such article is free from inju- rious plant diseases, or injurious insect § 319.75–8 Ports of entry. pests, and other plant pests shall be in- Any regulated article shall be im- spected by an inspector at the time of ported only at a port of entry identi- importation into the United States for fied in § 319.37–14 of this part and found the purpose of determining whether by the Administrator and specified on such article is free of such diseases and the permit issued pursuant to § 319.75–3 pests and whether such article is other- to have a nongovernmental fumigator wise eligible to be imported into the available at the port to treat such reg- United States. ulated article pursuant to § 319.75–4. It [50 FR 8707, Mar. 5, 1985, as amended at 79 FR is the responsibility of the importer to 19811, Apr. 10, 2014] arrange with the nongovernmental fu- migator for treatment of the article. Subpart—Gypsy Moth Host [46 FR 38334, July 27, 1981, as amended at 72 Material from Canada FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 2013;79 FR 19811, Apr. 10, 2014] SOURCE: 64 FR 45866, Aug. 23, 1999, unless § 319.75–9 Inspection and otherwise noted. phytosanitary certificate of inspec- tion. § 319.77–1 Definitions. (a) Any nursery stock, plant, fruit, Animal and Plant Health Inspection vegetable, root, bulb, or other plant Service (APHIS). The Animal and Plant product designated as a regulated arti- Health Inspection Service of the U.S. cle and grown in a country maintain- Department of Agriculture. ing an official system of inspection for Canadian infested area. Any area of the purpose of determining whether Canada listed as a gypsy moth infested such article is free from injurious plant area in § 319.77–3 of this subpart. diseases, injurious insect pests, and Canadian noninfested area. Any area other plant pests shall be accompanied of Canada that is not listed as a gypsy by a phytosanitary certificate of in- moth infested area in § 319.77–3 of this spection from the plant protection subpart. service of such country at the time of Certification of origin. A signed, accu- importation or offer for importation rate statement certifying the area in into the United States. Such certifi- which a regulated article was produced cate may cover more than one article or grown. The statement may be pro- and more than one container kept to- vided directly on the shipping docu- gether during shipment and offer for ments accompanying shipments of importation. commercial wood products from Can- (b) Any nursery stock, plant, fruit, ada, or may be provided on a separate vegetable, root, bulb, seed, or other certificate. plant product designated as a regulated Gypsy moth. The insect known as the article which is accompanied by a valid gypsy moth, Lymantria dispar (Lin- phytosanitary certificate of inspection naeus), in any stage of development. is subject to inspection by an inspector Import (imported, importation). To at the time of importation into the bring or move into the territorial lim- United States for the purpose of deter- its of the United States. mining whether such article is free of Mobile home. Any vehicle, other than injurious plant diseases, injurious in- a recreational vehicle, designed to sect pests, and other plant pests, and serve, when parked, as a dwelling or whether such article is otherwise eligi- place of business. ble to be imported into the United Outdoor household articles. Articles States. associated with a household that are

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generally kept or used outside the Canada only under the conditions de- home. Examples of outdoor household scribed in § 319.77–4 of this subpart. articles are awnings, barbeque grills, (a) Trees without roots (e.g., Christ- bicycles, boats, dog houses, firewood, mas trees), unless they were green- garden tools, hauling trailers, outdoor house-grown throughout the year; furniture and toys, recreational vehi- (b) Trees with roots, unless they were cles and their associated equipment, greenhouse-grown throughout the year; and tents. (c) Shrubs with roots and persistent Phytosanitary certificate. A document woody stems, unless they were green- issued by an official authorized by the house-grown throughout the year; national government of Canada that (d) Logs with bark attached; contains a description of the regulated (e) Pulpwood with bark attached; article intended for importation into (f) Bark and bark products; the United States and that certifies (g) Outdoor household articles; and that the article has been thoroughly (h) Mobile homes and their associ- inspected or treated, is believed to be ated equipment. free from plant pests, and is otherwise believed to be eligible for importation [64 FR 45866, Aug. 23, 1999, as amended at 71 pursuant to the current phytosanitary FR 40878, July 19, 2006] laws and regulations of the United § 319.77–3 Gypsy moth infested areas States. A phytosanitary certificate in Canada. must be addressed to the Animal and Plant Health Inspection Service and The following areas in Canada are may be issued no more than 14 days known to be infested with gypsy moth: prior to the shipment of the regulated (a) Province of New Brunswick—(1) article. Charlotte County. That portion of Char- Recreational vehicles. Vehicles, includ- lotte County that includes the fol- ing pickup truck campers, one-piece lowing parishes: Campobello Island, motor homes, and travel trailers, de- Dumbarton, Dufferin, Grand Manan Is- signed to serve as temporary places of land, St. Andrews, St. Croix, St. David, dwelling. St. George, St. James, St. Patrick, and St. Stephen. United States. All of the States of the United States, the District of Colum- (2) Kings County. That portion of bia, Guam, the Northern Mariana Is- Kings County that includes the fol- lands, Puerto Rico, the Virgin Islands lowing parishes: Greenwich, Kars, and of the United States, and all other ter- Springfield. ritories and possessions of the United (3) Queens County. (i) That portion of States. Queens County that includes the fol- lowing parishes: Canning, Cambridge, U.S. infested area. Any area of the Gagetown, Johnston, and Wickham; United States listed as a gypsy moth and generally infested area in § 301.45–3 of this chapter. (ii) That portion of Chipman Parish south or west of highway 10; and U.S. noninfested area. Any area of the (iii) That portion of Waterborough United States that is not listed as a Parish west of highway 10 and south of gypsy moth generally infested area in highway 2. § 301.45–3 of this chapter. (4) Sunbury County. That portion of [64 FR 45866, Aug. 23, 1999, as amended at 65 Sunbury County that includes the fol- FR 38175, June 20, 2000] lowing parishes: Blissville, Burton, Gladstone, Lincoln, and Sheffield. § 319.77–2 Regulated articles. (5) York County. (i) That portion of In order to prevent the spread of York County that includes the City of gypsy moth from Canada into non- Fredericton and the following parishes: infested areas of the United States, the North Lake and McAdam; and gypsy moth host materials listed in (ii) That portion of Queensbury par- paragraphs (a) through (g) of this sec- ish south and east of the Scotch Lake tion are designated as regulated arti- Road beginning in the west at Bear Is- cles. Regulated articles may be im- land on the St. John River and ending ported into the United States from at the Parish border on the east.

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(b) Province of Nova Scotia—(1) Annap- Muskoka, Niagara, Northumberland, olis County. The entire county. Ottawa-Carleton, Oxford, Parry Sound, (2) Digby County. The entire county. Peel, Perth, Peterborough, Prescott- (3) Halifax County. The area of the Russell, Prince Edward, Renfrew, county bounded by a line beginning at Simcoe, Stormont-Dundas-Glengarry, the intersection of the Halifax/ Victoria, Waterloo, Wellington, and Lunenburg County border and the At- York; and lantic Ocean; then north along the (2) That portion of Algoma District Halifax/Lunenburg County border to that includes the City of Sault Ste. the Halifax/Hants County border; then Marie and the following townships: east along the Halifax/Hants County Bright, Bright Additional, Cobden, border to route 354; then south along Denis, Garden River First Nation, In- route 354 to route 568 (Beaverbank- dian Reserve #7, Johnson, Korah, Windsor Junction Road); then east Laird, Lefroy, Lewis, Long, Mac- along route 568 (Beaverbank-Windsor Donald, Parke, Plummer Additional, Junction Road) to route 416 (Fall River Prince, Tarbutt, Tarbutt Additional, Road); then east and north along route Tarentorus, Thessalon, Thompson, 416 (Fall River Road) to route 2; then Shedden, Spragge, and Striker; and south along route 2 to route 102/118; (3) That portion of Algoma District then south along route 118 to route 107; south of Highway 17 and east of the then south along route 107 to route 7; City of Sault Ste. Marie; and then east along route 7 to route 328; (4) That portion of Manitoulin Dis- then south along route 328 to the shore- trict that includes: Cockburn Island, line of Cole Harbour; then west along Great Cloche Island, Manitoulin Island, the seashore from Cole Harbour to the St. Joseph Island, and all Indian Re- point of beginning. serves; and (4) Hants County. The area of the (5) That portion of Nipissing District county bounded by a line beginning at that includes the City of North Bay; the intersection of the Hants/Kings and County border and the shoreline of the (6) That portion of Nipissing District Minas Basin; then southwest along the south of the Ottawa and Mattawa riv- Hants/Kings County border to the ers; and Hants/Lunenburg County border; then (7) That portion of Nipissing District southeast along the Hants/Lunenburg south of highway 17 and west of the County border to the Hants/Halifax City of North Bay; and County border; then east along the (8) That portion of Sudbury District Hants/Halifax County border to route that includes the City of Sudbury and 354; then north along route 354 to the the townships of Baldwin, Dryden, Minas Basin; then west along the Dunlop, Graham, Hallam, Hymen, In- shoreline of the Minas Basin to the dian Reserves #4, #5, and #6, Lorne, point of beginning. Louise; May, McKim, Nairn, Neelon, (5) Kings County. The entire county. Porter, Salter, Shakespeare, Victoria, (6) Lunenberg County. The entire and Waters; and county. (9) That portion of the Sudbury Dis- (7) Queens County. The entire county. trict south of Highway 17. (8) Shelburne County. The entire coun- (d) Province of Quebec. (1) That por- ty. tion of the Province of Quebec that in- (9) Yarmouth County. The entire coun- cludes the following regional county ty. municipalities: Acton, Arthabaska, As- (c) Province of Ontario. (1) That por- bestos, Beauce-Sartigan, Beauharnois- tion of the Province of Ontario that in- Salaberry, Be´cancour, Bellechasse, cludes the following counties and re- Brome-Missisquoi, Champlain, gional municipalities: Brant, Bruce, Coaticook, Communaute´ Urbaine de Dufferin, Durham, Elgin, Essex, Montre´al, Communaute´ Urbaine de Frontenac, Grey, Haldimand-Norfolk, L’Outaouais, D’Autray, Desjardins, Haliburton, Halton, Hamilton-Went- Deux-Montagnes, Drummond, worth, Hastings, Huron, Kent, Francheville, Joliette, L’Amiante, Lambton, Lanark, Leeds-Granville, L’Assomption, L’E´ rable, L’ıˆle- Lennox-Addington, Middlesex, d’Orle´ans, Lajemmerais, Laval, La

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Nouvelle-Beauce, La Rivie`re-du-Nord, Se´ve`re, Saint-Le´on-le-Grand, Saint- La Valle´e-du-Richelieu, Le Bas- Paulin, Sainte-Ursule, Saint-Justin, Richelieu, Le Granit, Le Haut- Saint-e´douard-de-Maskinonge´, Sainte- Richelieu, Le Haut-Saint-Francois, Le Ange`le-de-Pre´mont, and Yamachiche; Haut-Saint-Laurent, Le Haute- and Yamaska, Le Val-Saint-Francois, Les (10) That portion of the regional Chutes-de-la-Chaudire, Les Collines-de- county municipality of Matawinie that L’Outaouais, Les Etchemins, Les includes the following municipalities: Jardins-de-Napierville, Les Saint-Fe´lix-de-Valois, Saint-Jean-de- Maskoutains, Les Moulins, Lotbinie`re, Matha, Rawdon, and Chertsey; and Memphre´magog, Mirabel, Montcalm, (11) That portion of the regional Montmagny, Nicolet-Yamaska, Robert- county municipality of Papineau that Cliche, Roussillon, Rouville, includes the following municipalities: Sherbrooke, Therese-de Blainville, and Fassett, Lochaber, Lochaber-Partie- Vaudreuil-Soulanges; and Ouest, Mayo, Montebello, Montpellier, (2) That portion of the regional coun- Mulgrave-et-Derry, Notre-Dame-de- ty municipality of Antoine-Llabelle Bon-Secours-Partie-Nord, that includes the following municipali- Papineauville, Plaisance, Ripon (Vil- ties: Notre-Dame-du-Laus, Notre- lage et Canton), Saint-Andre´-Avellin Dame-de-Pontmain, and Saint-Aime´- (Village et Paroise), Sainte-Ange´lique, du-Lac-des-Iles; and Saint-Sixte, and Thurso; and (3) That portion of the regional coun- (12) That portion of the regional ty municipality of Argenteuil that in- county municipality of Pontiac that cludes the following municipalities: includes the following municipalities: Brownsburg, Calumet, Carillon, Chat- Bristol, Shawville, Clarendon, Portage- ham, Grenville, Lachute, Saint-Andre´- du-Fort, Bryson, Campbell’s Bay, d’Argenteuil, and Saint-Andre´-Est; and Grand-Calumet, Litchfield, Thorne, (4) That portion of the regional coun- Alleyn-et-Cawood, Leslie-Clapham-et- ty municipality of Communaute´ Huddersfield, Fort-Coulonge, Mans- Urbaine De Que´bec that includes the field-et-Pontefract, Waltham-et- following municipalities: Cap-Rouge, Bryson, L’Isle-aux-Allumettes-Partie- L’Ancienne-Lorette, Que´bec, Saint- Est, Chapeau, L’Isle-aux-Allumettes, Augustin-de-Desmaures, Sainte-Foy, Chichester, Sheen-Esher-Aberdeen-et- Sillery, and Vanier; and Malakoff, and Rapides-des-Joachims; (5) That portion of the regional coun- and ty municipality of La Valle´e-de-la- (13) That portion of the regional county municipality of Portneuf that Gatineau that includes the following includes the following municipalities: municipalities: Denholm, Gracefield, Cap-Sante´, Deschambault, Donnacona, Kazabazua, Lac-Sainte-Marie, Low, Grondines, Neuville, and Pointe-aux- Northfield, and Wright; and Trembles. (6) That portion of the regional coun- ty municipality of Le Centre-de-la- [65 FR 38175, June 20, 2000, as amended at 67 Mauricie that includes the following FR 59453, Sept. 23, 2002] municipalities: Charette, Notre-Dame- du-Mont-Carmel, Sainte-Elie, § 319.77–4 Conditions for the importa- tion of regulated articles. Shawinigan, and Shawinigan (Sud); and (7) That portion of the regional coun- (a) Trees and shrubs. 1 (1) Trees with- ty municipality of Les Laurentides out roots (e.g., Christmas trees), trees that includes the following munici- with roots, and shrubs with roots and pality: La Conception; and persistent woody stems may be im- (8) That portion of the regional coun- ported into the United States from any ty municipality of Les Pays-d’en-Haut that includes the following munici- 1 Trees and shrubs from Canada may be pality: Mont-Rolland; and subject to additional restrictions under (9) That portion of the regional coun- ‘‘Subpart-Nursery Stock, Plants, Roots, ´ Seeds, and Other Plant Products’’ (§§ 319.37 ty municipality of Maskinonge that in- through § 319.37–14 of this part) and ‘‘Sub- cludes the following municipalities: part—Logs, Lumber, and Other Unmanufac- Louiseville, Maskinonge´, Saint-Joseph- tured Wood Articles’’ (§§ 319.40–1 through de-Maskinonge´, Saint-Barnabe´, Saint- 319.40–11 of this part).

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area of Canada without restriction Canada without restriction under this under this subpart if they: subpart. (i) Were greenhouse-grown through- (2) Bark and bark products or logs or out the year; pulpwood with bark attached that are (ii) Are destined for a U.S. infested destined for a U.S. noninfested area or area and will not be moved through will be moved through a U.S. non- any U.S. noninfested areas; or infested area may be imported into the (iii) Are Christmas trees destined for United States from Canada only under a U.S. infested area and will not be the following conditions: moved through any U.S. noninfested (i) If the bark, bark products, logs, or areas other than noninfested areas in the counties of Aroostock, Franklin, pulpwood originated in a Canadian in- Oxford, Piscataquis, Penobscot, and fested area, they must be either: Somerset, ME (i.e., areas in those coun- (A) Accompanied by an officially en- ties that are not listed in 7 CFR 301.45– dorsed Canadian phytosanitary certifi- 3). cate that includes an additional dec- (2) Trees without roots (e.g., Christ- laration confirming that they have mas trees), trees with roots, and shrubs been inspected and found free of gypsy with roots and persistent woody stems moth or that they have been treated that are destined for a U.S. noninfested for gypsy moth in accordance with part area or will be moved through a U.S. 305 of this chapter; or noninfested area may be imported into (B) Destined for a specified U.S. proc- the United States from Canada only essing plant or mill under compliance under the following conditions: agreement with the Animal and Plant (i) If the trees or shrubs originated in Health Inspection Service for specified a Canadian infested area, they must be handling or processing. accompanied by an officially endorsed (ii) If the bark, bark products, logs, Canadian phytosanitary certificate or pulpwood originated in a Canadian that includes an additional declaration noninfested area, they must be accom- confirming that the trees or shrubs have been inspected and found free of panied by a certification of origin stat- gypsy moth or that the trees or shrubs ing that they were produced in an area have been treated for gypsy moth in of Canada where gypsy moth is not accordance with part 305 of this chap- known to occur. ter. (c) Outdoor household articles and mo- (ii) If the trees or shrubs originated bile homes and their associated equip- in a Canadian noninfested area, they ment. (1) Outdoor household articles must be accompanied by a certification and mobile homes and their associated of origin stating that they were pro- equipment that are destined for a U.S. duced in an area of Canada where infested area and will not be moved gypsy moth is not known to occur. through any U.S. noninfested areas (b) Bark and bark products and logs may be imported from any area in Can- and pulpwood with bark attached. 2 (1) ada without restriction under this sub- Bark and bark products or logs or pulp- part. wood with bark attached that are des- (2) Outdoor household articles and tined for a U.S. infested area and that mobile homes and their associated will not be moved through any U.S. equipment that are being moved from a noninfested area other than non- Canadian noninfested area may be im- infested areas in the counties of ported into any area of the United Aroostock, Franklin, Oxford, States without restriction under this Piscataquis, Penobscot, and Somerset, subpart. ME (i.e., areas in those counties that (3) Outdoor household articles and are not listed in § 301.45–3 of this chap- mobile homes and their associated ter) may be imported from any area of equipment that are being moved from a Canadian infested area into a U.S. non- 2 Bark, bark products, and logs from Can- infested area, or that will be moved ada are also subject to restrictions under ‘‘Subpart—Logs, Lumber, and Other Un- through a U.S. noninfested area, may manufactured Wood Articles’’ (§§ 319.40 be imported into the United States through 319.40–11 of this part). only if they are accompanied by a

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statement, signed by their owner, stat- 322.15 APHIS review of permit applications; ing that they have been inspected and denial or revocation of permits. found free of gypsy moth. 322.16 Packaging of shipments. 322.17 Mailed packages. (Approved by the Office of Management and 322.18 Restricted organisms in a commercial Budget under control number 0579–0142) vehicle arriving at a land border port in the United States. [64 FR 45866, Aug. 23, 1999, as amended at 65 322.19 Inspection; refusal of entry. FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, 322.20 Ports of entry. 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, 322.21 Post-entry handling. July 19, 2006] Subpart D—Transit of Restricted Organisms § 319.77–5 Disposition of regulated ar- ticles denied entry. Through the United States Any regulated article that is denied 322.22 General requirements. entry into the United States because it 322.23 Documentation. does not meet the requirements of this 322.24 Packaging of transit shipments. subpart must be promptly safeguarded 322.25 Notice of arrival. 322.26 Inspection and handling. or removed from the United States. If 322.27 Eligible ports for transit shipments. the article is not promptly safeguarded or removed from the United States, it Subpart E—Importation and Transit of may be seized, destroyed, or otherwise Restricted Articles disposed of in accordance with section 414 of the Plant Protection Act (7 322.28 General requirements; restricted arti- U.S.C. 7714). cles. 322.29 Dead bees. [64 FR 45866, Aug. 23, 1999, as amended at 66 322.30 Export certificate. FR 21057, Apr. 27, 2001] 322.31 Notice of arrival. 322.32 Mailed packages. 322.33 Restricted articles in a commercial PART 322—BEES, BEEKEEPING BY- bonded vehicle arriving at a land border PRODUCTS, AND BEEKEEPING port in the United States. EQUIPMENT 322.34 Inspection; refusal of entry. 322.35 Ports of entry.

Subpart A—General Provisions AUTHORITY: 7 U.S.C. 281; 7 U.S.C. 7701–7772 and 7781–7786; 7 CFR 2.22, 2.80, and 371.3. Sec. 322.1 Definitions. SOURCE: 69 FR 61747, Oct. 21, 2004, unless 322.2 General requirements for interstate otherwise noted. movement and importation. 322.3 Costs and charges. Subpart A—General Provisions Subpart B—Importation of Adult Honey- § 322.1 Definitions. bees, Honeybee Germ Plasm, and Bees Other Than Honeybees From Ap- Administrator. The Administrator, proved Regions Animal and Plant Health Inspection Service, or an individual authorized to 322.4 Approved regions. act for the Administrator. 322.5 General requirements. Animal and Plant Health Inspection 322.6 Export certificate. Service (APHIS). The Animal and Plant 322.7 Notice of arrival. Health Inspection Service of the United 322.8 Packaging of shipments. 322.9 Mailed packages. States Department of Agriculture. 322.10 Inspection; refusal of entry. Bee. Any member of the superfamily 322.11 Ports of entry. Apoidea in any life stage, including 322.12 Risk assessment procedures for ap- germ plasm. proving countries. Beekeeping byproduct. Material for use in hives, including, but not limited Subpart C—Importation of Restricted to, beeswax for beekeeping, pollen for Organisms bee feed, or honey for bee feed. 322.13 General requirements; restricted or- Beekeeping equipment. Equipment ganisms. used to house and manage bees, includ- 322.14 Documentation; applying for a permit ing, but not limited to, bee boards, hive to import a restricted organism. bodies, bee nests and nesting material,

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