Animal and Plant Health Inspection Service, USDA § 319.37–5

(v) The seeds are securely packaged seed exported to the United States is in packets or envelopes and sealed to free of plant pests and that seed that prevent spillage; does not meet the requirements for ex- (vi) The shipment is free from soil, portation to the United States is sepa- plant material other than seed, other rated from seed that does; foreign matter or debris, seeds in the (ii) Include an export certification fruit or seed pod, and living organisms document with each shipment indi- such as parasitic plants, pathogens, in- cating the common name of the seed, sects, snails, mites; and the country of origin of the seed, the (vii) At the time of importation, the establishment identification number shipment is sent to either the Plant assigned to the exporting establish- Germplasm Quarantine Center in ment under the Canadian Food Inspec- Beltsville, MD, or a port of entry listed tion Agency’s seed export program, and in § 319.37–14(b) and designated by an the lot number in addition to all other asterisk. information required to be present by (e) Certain seeds from Canada. Seeds § 361.3 of this chapter. imported from Canada may be im- (iii) Include other shipping docu- ported without a phytosanitary certifi- ments as required with each shipment: cate if the following conditions are (A) Shipments of agricultural and met: vegetable seeds, as listed in the Fed- (1) The Canadian Food Inspection eral Seed Act, must be accompanied by Agency shall: a document certifying that the rel- (i) Establish and administer a seed evant provisions of the Federal Seed export program under which Canadian Act regulations in part 361 of this chap- exporters of seed may operate; ter have been followed, as agreed upon (ii) Assign a unique identification by the Canadian Food Inspection Agen- number to each exporting establish- cy and APHIS; ment enrolled in and approved by the (B) Shipments of other seeds must be seed inspection program; accompanied by a document certifying (iii) Provide APHIS with a current that the seeds have been inspected, as list of the establishments participating agreed upon by the Canadian Food In- in its seed export program and their spection Agency and APHIS. names, locations, telephone numbers, (Approved by the Office of Management and and establishment identification num- Budget under control numbers 0579–0285 and bers at the start of the shipping season, 0579–0279) and provide regular updates to that list [57 FR 43148, Sept. 18, 1992, as amended at 67 throughout the shipping season; FR 8465, Feb. 25, 2002; 68 FR 50045, Aug. 20, (iv) Enter into an agreement with 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, APHIS that specifies the documents Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR that must accompany shipments of 43518, Aug. 6, 2007; 76 FR 31209, May 27, 2011] seeds under the seed export program: (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; articles col- fying that the relevant provisions of lected from the wild; and articles sole- the Federal Seed Act have been fol- ly for food, analytical, or manufac- lowed; turing purposes) from a country listed (B) Other seeds must be accompanied below, shall be accompanied by a by a document certifying that the phytosanitary certificate of inspection seeds have been inspected. which shall contain an accurate addi- (2) Each seed exporter participating tional declaration that such article in the seed export program shall enter was grown on land which has been sam- into an agreement with the Canadian pled and microscopically inspected by Food Inspection Agency in which the the plant protection service of the exporter agrees to: country in which grown within 12 (i) Practice any and all safeguards months preceding issuance of the cer- the Canadian Food Inspection Agency tificate and found free from potato cyst may prescribe in order to ensure that nematodes, Globodera rostochiensis

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(Woll.) Behrens and G. pallida (Stone) cle is grown to determine that the Behrens: nursery is free of the specified diseases. An accurate additional declaration on Algeria, Argentina, Armenia, Australia, Austria, Azerbaijan, Azores, Belarus, Bel- the phytosanitary certificate of inspec- gium, Bolivia, Bulgaria, Canada (only that tion by the plant protection service portion comprising Newfoundland and that that a disease does not occur in the portion of the Municipality of Central country in which the article was grown Saanich in the Province of British Columbia may be used in lieu of visual examina- east of the West Saanich Road), Channel Is- tion and indexing of the parent stock lands, Chile, Colombia, Costa Rica, Crete, for that disease and inspection of the Croatia, Cyprus, Czech Republic, Denmark (including Faeroe Islands), Ecuador, Egypt, nursery. Estonia, Finland, France, Georgia, Germany, (2) Species of Prunus not immune to Great Britain, Greece, Guernsey, Hungary, plum pox virus (species other than P. Iceland, India, Ireland, Italy, Japan, Jersey, avium, P. cerasus, P. effusa, P. Jordan, Latvia, Lebanon, Lithuania, Luxem- laurocerasus, P. mahaleb, P. padus, P. bourg, Kazakhstan, Kyrgyzstan, Malta, Mex- sargentii, P. serotina, P. serrula, P. ico, Republic of Moldova, Morocco, the Neth- serrulata, P. subhirtella, P. yedoensis, erlands, New Zealand, Northern Ireland, Nor- way, Pakistan, Panama, Peru, the Phil- and P. virginiana) and grown in Bel- ippines, Poland, Portugal, Russian Federa- gium, France, Germany, Great Britain, tion, Serbia and Montenegro, South Africa, or The Netherlands shall be certified Spain (including Canary Islands), Slovakia, only from the government operated Slovenia, Sweden, Switzerland, Tajikistan, nurseries (research stations) where the Tunisia, Turkmenistan, Ukraine, Uzbek- certified plants were grown and the istan, and Venezuela. original parent stock is indexed for the (b)(1) Any of the following restricted appropriate national fruit tree certifi- articles (except seeds) at the time of cation program. arrival at the port of first arrival in (3) List of diseases. the United States must be accom- (i) Monilinia fructigena (Aderh. & panied by a phytosanitary certificate Ruhl.) Honey (Brown rot of fruit). of inspection which contains an addi- (ii) Guignardia piricola (Nose) tional declaration that the article was Yamomoto (Leaf, branch, and fruit dis- grown in a nursery in Belgium, Canada, ease). France, Germany, Great Britain, or (iii) Apple proliferation agent. The Netherlands and that the article (iv) Pear blister canker virus. was found by the plant protection serv- (v) Pear bud drop virus. ice of the country in which the article (vi) Diaporthe mali Bres. (Leaf, branch was grown to be free of the following & fruit fungus). injurious plant diseases listed in para- (vii) Apple green crinkle virus. graph (b)(3) of this section: For (viii) Apple chat fruit virus. Chaenomeles spp. (flowering quince) and (ix) Plum pox (=Sharka) virus. Cydonia spp. (quince), diseases (i), (ii), (x) Cherry leaf roll virus. (iv), (xviii), (xix), (xx), and (xxi); for Malus spp. (apple, crabapple), diseases (xi) Cherry rusty mottle (European) (i), (ii), (iii), (vi), (vii), (xxii), and agent. (xxiii); for Prunus spp. (almond, apri- (xii) Apricot chlorotic leaf roll agent. cot, cherry, cherry laurel, English lau- (xiii) Plum bark split virus. rel, nectarine, peach, plum, prune), dis- (xiv) Arabis mosaic virus and its eases (i), (ix) through (xvii), and (xxii); strains. and for Pyrus spp. (pear), diseases (i), (xv) Raspberry ringspot virus and its (ii), (iv), (v), (xviii), (xix), (xx), (xxi) strains. and (xxii); and for Vitis spp. (grape) (xvi) Tomato blackring virus and its from Canada, diseases (xiv) through strains. (xvii) and (xxiv) through (xliii). The de- (xvii) Strawberry latent ringspot termination by the plant protection virus and its strains. service that the article is free of these (xviii) Quince sooty ringspot agent. diseases will be based on visual exam- (xix) Quince yellow blotch agent. ination and indexing of the parent (xx) Quince stunt agent. stock of the article and inspection of (xxi) Gymnosporangium asiaticum the nursery where the restricted arti- Miyabe ex. Yamada (Rust).

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(xxii)Valsa mali Miyabe and Yamada Netherlands, Poland, Portugal, Roma- ex. Miura (Branch canker fungus). nia, Slovakia, Slovenia, Spain, Sweden, (xxiii) Apple ringspot virus. and United Kingdom); and all coun- (xxiv) The following nematode trans- tries, territories, and possessions of mitted viruses of the polyhedral type: countries located in part or entirely Artichoke Italian latent virus, Grape- between 90° and 180° East longitude vine Bulgarian latent virus, Grapevine shall, at the time of arrival at the port fanleaf virus and its strains, and Hun- of first arrival in United States, be ac- garian chrome mosaic virus. companied by a phytosanitary certifi- (xxv) Grapevine asteroid mosaic cate of inspection. The phytosanitary agent. certificate of inspection must contain (xxvi) Grapevine Bratislava mosaic a declaration that such article was virus. grown in a greenhouse nursery and (xxvii) Grapevine chasselas latent found by the plant protection service of agent. the country in which grown to be free (xxviii) Grapevine corky bark ‘‘Legno from white rust of chrysanthemum riccio’’ agent. (caused by the rust fungus Puccinia (xxix) Grapevine leaf roll agent. horiana P. Henn.) based on visual ex- (xxx) Grapevine little leaf agent. amination of the parent stock, the ar- (xxxi) Grapevine stem pitting agent. ticles for importation, and the green- (xxxii) Grapevine vein mosaic agent. house nursery in which the articles for (xxxiii) Grapevine vein necrosis importation and the parent stock were agent. grown, once a month for 4 consecutive (xxxiv) Flavescence-doree agent. months immediately prior to importa- (xxxv) Black wood agent (bois-noir). tion. (xxxvi) Grapevine infectious necrosis (d) Any restricted article (except bacterium. seeds) of Dianthus spp. (carnation, (xxxvii) Grapevine yellows disease sweet-william) from Great Britain bacterium. shall be grown under postentry quar- (xxxviii) Xanthomonas ampelina antine conditions specified in § 319.37– Panagopoulas. 7(c) unless at the time of arrival at the (xxxix) Peyronellaea glomerata Ciferri. port of first arrival in the United (xl) Pseudopeziza tracheiphila Muller- States the phytosanitary certificate of Thur-gau. inspection accompanying such article (xli) Rhacodiella vitis Sterenberg. contains an accurate additional dec- (xlii) Rosellinia necatrix Prill. laration that such article was grown in (xliii) Septoria melanosa (Vialla and a greenhouse nursery in Great Britain Ravav) Elenk. and found by the plant protection serv- (c) Any restricted article (except ice of Great Britain to be free from in- seeds) of Chrysanthemum spp. (chrysan- jurious plant diseases caused by themum, includes Dendranthema spp.), Phialophora cinerescens (Wr.) van Leucanthemella serotina, or Beyma (=Verticillium cinerescens Wr.), Nipponanthemum nipponicum, from any carnation etched ring virus, carnation foreign place except Andorra, Argen- ‘‘streak’’ virus, and carnation ‘‘fleck’’ tina, Australia, Belarus, Bosnia and virus, based on visual examination of Herzegovina, Brazil, Brunei, Canary Is- the parent stock, of the articles for im- lands, Chile, China, Colombia, Croatia, portation, and of the greenhouse nurs- Ecuador, Iceland, Japan, Korea, Liech- ery in which the articles for importa- tenstein, Macedonia, Malaysia, Mexico, tion and the parent stock are grown, Moldova, Monaco, New Zealand, Nor- once a month for 4 consecutive months way, Peru, Republic of South Africa, immediately prior to importation, and Russia, San Marino, Switzerland, Tai- based on indexing of the parent stock. wan, Thailand, Tunisia, Ukraine, Uru- (e) Any restricted article (except guay, Venezuela, Yugoslavia; the Euro- seeds) of Rubus spp. (cloudberry, black- pean Union (Austria, Belgium, Bul- berry, boysenberry, dewberry, logan- garia, Cyprus, Czech Republic, Den- berry, raspberry) from Canada, shall be mark, Estonia, Finland, France, Ger- grown under postentry quarantine con- many, Greece, Hungary, Ireland, Italy, ditions specified in § 319.37–7 unless at Latvia, Lithuania, Luxembourg, Malta, the time of arrival at the port of first

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arrival in the United States the panying the article of Syringa spp. phytosanitary certificate of inspection (lilac) contains a declaration that stip- accompanying such article contains an ulates that the parent stock was found accurate additional declaration that free of quarantine pests by inspection such article was found by the plant and indexing and that the Syringa spp. protection service of Canada to be free (lilac) to be imported were propagated of Rubus stunt agent based on visual either by rooting cuttings from indexed examination and indexing of the parent parent plants or by grafting indexed stock. 6 parent plant material on seedling (f) Any restricted article (except rootstocks, and were grown in: seeds) of Rubus spp. (cloudberry, black- (1) Fumigated soil (fumigated by ap- berry, boysenberry, dewberry, logan- plying 400 to 870 pounds of methyl bro- berry, raspberry) from Europe at the mide per acre and covering the soil time of arrival at the port of first ar- with a tarpaulin for 7 days) in a field at rival in the United States shall be ac- least 3 meters from the nearest non- companied by a phytosanitary certifi- indexed Syringa spp. (lilac), or cate of inspection which shall contain (2) Soil that has been sampled and an accurate additional declaration that microscopically inspected by the plant such article was found by the plant protection service of the Netherlands protection service of the country of or- within 12 months preceding issuance of igin to be free of Rubus stunt agent the phytosanitary certificate and that based on visual examination and index- has been found free of the plant para- ing of the parent stock. sitic nematodes capable of transmit- (g) Any seed of Cocos nucifera (coco- ting European nepoviruses, including, nut) at the time of arrival at the port but not limited to, the Arabis mosaic of first arrival in the United States nepovirus. shall be accompanied by a (j)(1) Seeds of Prunus spp. (almond, phytosanitary certificate of inspection apricot, nectarine, peach, plum, and which shall contain an accurate addi- prune, but not species in the subgenus tional declaration that such seed was Cerasus) from Belgium, France, Ger- found by the plant protection service of many, The Netherlands, or Great Brit- Costa Rica or of Jamacia to be of Ma- ain shall, at the time of arrival at the layan dwarf variety or Maypan variety port of first arrival in the United (=F1 hybrid, Malayan Dwarf×Panama States, be accompanied by a Tall) (which are resistant to lethal phytosanitary certificate of inspection, yellowing disease) based on visual ex- containing accurate additional declara- amination of the parent stock. tions that: (h) Any restricted article of Fragaria (i) The seeds are from parent stock spp. (strawberry) from Israel is prohib- grown in a nursery in Belgium, France, ited as specified in § 319.37–2(a) unless Germany, The Netherlands, or Great at the time of arrival at the port of Britain that is free of plum pox first arrival in the United States the (Sharka) virus; and phytosanitary certificate accom- (ii) The seeds have been found by the panying the article of Fragaria spp. plant protection service of the country contains an additional declaration that in which grown to be free of plum pox stipulates that the parent stock was (Sharka) virus based on the testing of found free of red stele disease pathogen parent stock by visual examination as well as any other damaging straw- and indexing. berry pathogens, based on visual in- (2) Seeds of Prunus spp. (almond, spection and indexing. apricot, nectarine, peach, plum, and (i) Any restricted article of Syringa prune, but not species in the subgenus spp. (lilac) from the Netherlands is pro- Cerasus), from all countries except hibited as specified in § 319.37–2(a) un- those in Europe, Cyprus, Syria, and less, at the time of arrival at the port Turkey shall, at the time of arrival at of first arrival in the United States, the port of first arrival in the United the phytosanitary certificate accom- States, be accompanied by a phytosanitary certificate of inspection, 6 Such testing is done under a Raspberry containing an accurate additional dec- Plant Certification Program of Canada. laration that plum pox (Sharka) virus

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does not occur in the country in which the United States, be accompanied by a the seeds were grown. phytosanitary certificate of inspection (k) Any restricted article of Feijoa issued in Chile by the Servicio Agricola (feijoa, pineapple guava) from New Zea- y Ganadero (SAG), containing addi- land shall undergo postentry quar- tional declarations that: antine in accordance with § 319.37–7 un- (1) The Solanum spp. true seed was less the article, at the time of arrival produced by Solanum plants that were at the port of first arrival in the propagated from plantlets from the United States, is accompanied by a United States; phytosanitary certificate of inspection, (2) The Solanum plants that produced containing an accurate additional dec- the Solanum tuberosum true seed were laration that New Zealand is free of grown in the Tenth (X) Region of Chile Monilinia fructigena. (that area of the country between 39° (l) Any restricted article of Gladiolus, and 44° South latitude); and Watsonia or Crocosmia spp. from Lux- (3) Solanum tuberosum tubers, plants, embourg or Spain shall, at the time of and true seed from each field in which arrival at the port of first arrival in the Solanum plants that produced the the United States, be accompanied by a Solanum tuberosum true seed were phytosanitary certificate of inspection, grown have been sampled by SAG once containing accurate additional declara- per growing season at a rate to detect tions that: 1 percent contamination with a 99 per- (1) The plants were grown in a dis- cent confidence level (500 tubers/500 ease free environment in a greenhouse; plants/500 true seeds per 1 hectare/2.5 (2) The plants were subjected to 12 acres), and that the samples have been hours of continuous misting per day analyzed by SAG using an enzyme- with water at 15–20 degrees Celsius on 2 linked immunosorbent assay (ELISA) consecutive days; and test or nucleic acid spot hybridization (3) The plants were inspected by a (NASH) non-reagent test, with nega- plant quarantine official of the country tive results, for Andean Potato Latent where grown 20 days after the comple- tion of the misting and were found free Virus, Arracacha Virus B, Potato Virus of gladiolus rust. T, the Andean Potato Calico Strain of (m) Any restricted article of Acer Tobacco Ringspot Virus, and Potato palmatum or Acer japonicum from the Yellowing Virus. Netherlands is prohibited unless the ar- (p) In addition to meeting the re- ticle is accompanied, at the time of ar- quirements of this subpart, any trees rival at the port of first arrival in the with roots and any shrubs with roots United States, by a phytosanitary cer- and persistent woody stems, unless tificate of inspection, containing an ac- greenhouse-grown throughout the year, curate additional declaration that the that are imported from Canada will be article is of a nonvariegated variety of subject to the inspection and certifi- A. palmatum or A. japonicum. cation requirements for gypsy moth in (n) Any restricted article of Howea § 319.77–4 of this part. spp. (sentry palm) from Australia or (q) Any artificially dwarfed plant im- New Zealand, is prohibited as specified ported into the United States, except in § 319.37–2(a) unless at the time of ar- for plants that are less than 2 years rival at the port of first arrival in the old, must have been grown and handled United States the phytosanitary cer- in accordance with the requirements of tificate accompanying the article of this paragraph and must be accom- Howea spp. contains both a declaration panied by a phytosanitary certificate of origin and a declaration stipulating of inspection that was issued by the that the Howea is free of the lethal government of the country where the yellowing pathogen and the cadang- plants were grown. cadang pathogen, as well as any other (1) Any growing media, including damaging palm pathogens, based on soil, must be removed from the artifi- visual inspection. cially dwarfed plants prior to shipment (o) Any Solanum tuberosum true seed to the United States unless the plants imported from Chile shall, at the time are to be imported in accordance with of arrival at the port of first arrival in § 319.37–8.

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(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 (r) Any restricted article of articles are produced (the NPPO) must Pelargonium spp. or Solanum spp. pre- have entered into a bilateral workplan sented for importation into the United with APHIS. This bilateral workplan States may not be imported unless it must set out conditions for monitoring meets the requirements of this para- the production of articles of graph (r). Seeds are not subject to the Pelargonium spp. and Solanum spp., for requirements of this paragraph (r). enforcement of the requirements of (1) Any restricted article of this paragraph (r)(3), and for the estab- Pelargonium spp. or Solanum spp. im- lishment of a trust fund as provided for ported from Canada under the provi- in paragraph (r)(3)(xv) of this section. sions of the greenhouse-grown re- (ii) The production site where the ar- stricted plant program as described in ticles of Pelargonium spp. and Solanum § 319.37–4(c) must be presented for im- spp. intended for export to the United portation at the port of first arrival in States are produced must be registered the United States with a certificate of with and certified by both APHIS and inspection in the form of a label in ac- the NPPO. As part of the certification cordance with § 319.37–4(c)(1)(iv). process, production sites must be ini- (2) (i) For any article of Pelargonium tially approved and thereafter visited spp. or Solanum spp. that does not meet at least once a year by APHIS and the

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NPPO to verify compliance with the re- free of R. solanacearum race 3 biovar 2. quirements of this paragraph (r)(3). The production site must either derive (iii) The production site must con- the water from an APHIS-approved duct ongoing testing for R. source or treat the water with an solanacearum race 3 biovar 2. Only arti- APHIS-approved treatment before use. cles of Pelargonium spp. and Solanum (x) Growing media at the production spp. from a group of articles that has site must not come in direct contact been tested according to an APHIS-ap- 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 or enter from outside the production Solanum spp. to the United States. A site via the equipment. production site may be reinstated if a (vii) Production site personnel must reinspection reveals that the produc- adequately sanitize their clothing and tion site is free of R. solanacearum race shoes and wash their hands before en- 3 biovar 2 and all problems in the pro- tering the production site to prevent duction site have been addressed and the entry of R. solanacearum race 3 corrected to the satisfaction of APHIS. biovar 2 into the production site. (xiv) The phytosanitary certificate of (viii) Growing media for articles of inspection required by § 319.37–4 that Pelargonium spp. and Solanum spp. must accompanies these articles must con- be free of R. solanacearum race 3 biovar tain an additional declaration that 2. Growing media and containers for ar- states ‘‘These articles have been pro- ticles of Pelargonium spp. and Solanum duced in accordance with the require- spp. must not come in contact with ments in 7 CFR 319.37–5(r)(3).’’ growing media that could transmit R. (xv) The government of the country solanacearum race 3 biovar 2 and must in which the articles are produced be grown in an APHIS-approved grow- must enter into a trust fund agreement ing medium. with APHIS before each growing sea- (ix) Water used in maintenance of the son. The government of the country in plants at the production site must be which the articles are produced or its

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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 (iii) If the restricted articles are to share of employee benefits), travel ex- be moved through an area of the penses (including per diem expenses), United States quarantined for pine and other incidental expenses incurred shoot beetle, as provided in § 301.50–3 of by the inspectors in performing these this chapter, en route to an area or services. The government of the coun- areas in the United States not quar- try in which the articles are produced antined for pine shoot beetle during or its designated representative is re- the period of January through Sep- quired to deposit a certified or cash- tember when the temperature is 10 °C ier’s check with APHIS for the amount (50 °F) or higher, the restricted articles of the costs estimated by APHIS. If the are shipped in an enclosed vehicle or deposit is not sufficient to meet all completely covered (such as with plas- costs incurred by APHIS, the agree- tic canvas, or other closely woven ment further requires the government cloth) so as to prevent access by the of the country in which the articles are pine shoot beetle. produced or its designated representa- (2) From infested or partially infested tive to deposit with APHIS a certified Canadian Provinces to U.S. infested or cashier’s check for the amount of areas. Restricted articles that origi- the remaining costs, as determined by nated in or were moved through a Ca- APHIS, before the services will be com- nadian Province that is considered to pleted. After a final audit at the con- be infested or partially infested with clusion of each shipping season, any pine shoot beetle (Tomicus piniperda), overpayment of funds would be re- as determined by the CFIA, and are turned to the government of the coun- destined for and will be moved only try in which the articles are produced through areas in the United States or its designated representative or held quarantined for pine shoot beetle, as on account until needed. provided in § 301.50–3 of this chapter, (s) Any restricted article (except may be imported into the United seeds) of Pinus spp. from Canada may States only if: be imported into the United States (i) The accompanying phytosanitary only if it meets the following require- certificate of inspection specifies the ments, as well as all other applicable Canadian Province where the articles requirements of this subpart, to pre- originated and, if applicable, the Prov- vent the introduction of pine shoot ince or Provinces they were moved beetle (Tomicus piniperda): through, if different from the Province (1) From noninfested Canadian Prov- of origin; and inces to all areas of the United States. Re- (ii) The U.S. destination (including stricted articles that originated in and county and State) of the restricted ar- were moved only through Canadian ticles is plainly indicated on the re- Provinces that are not considered to be stricted articles or, if applicable, on infested or partially infested with pine the outer covering, packaging, or con- shoot beetle (Tomicus piniperda), as de- tainer. termined by the Canadian Food Inspec- (3) From infested or partially infested tion Agency (CFIA), may be imported Canadian Provinces to or through U.S. into any area of the United States only noninfested areas. Restricted articles if: that originated in or were moved (i) The accompanying phytosanitary through a Canadian Province that is certificate of inspection specifies the considered to be infested or partially Canadian Province where the restricted infested with pine shoot beetle articles originated and, if applicable, (Tomicus piniperda), as determined by

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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 methyl bromide to kill the pine shoot (u) Special foreign inspection and cer- beetle (Tomicus piniperda) in accord- tification requirements for Pelargonium ance with the applicable provisions of spp. plants from the Canary Islands. part 305 of this chapter; or alter- Pelargonium spp. plants from the Ca- natively, in lieu of methyl bromide nary Islands may only be imported into treatment, the phytosanitary certifi- the United States in accordance with cate of inspection must contain one of the requirements of this section, to the following additional declarations: prevent the plant pests Helicoverpa (A) ‘‘These restricted articles were armigera, Chrysodeixis chalcites, and grown on a plantation that has a pro- Syngrapha circumflexa (syn. gram to control or eradicate pine shoot Cornutiplusia circumflexa) from entering beetle (Tomicus piniperda) and have the United States. been inspected and are considered to be (1) Phytosanitary certificate. The free from pine shoot beetle (Tomicus phytosanitary certificate of inspection piniperda)’’; or required by § 319.37–4 that accompanies (B) ‘‘These restricted articles origi- Pelargonium spp. plants from the Ca- nated in an area where pine shoot bee- nary Islands must contain additional tle (Tomicus piniperda) is not considered declarations that the plants were pro- to be present, as determined by the duced in an approved Spanish (Canary CFIA’’; or Island) production site, that the pro- (C) ‘‘These restricted articles have duction site is operated by a grower been 100 percent inspected and found to participating in the export program for be free from pine shoot beetle (Tomicus Pelargonium spp. plants established by piniperda)’’; or the national plant protection organiza- (D) ‘‘Based on inspection, the re- tion of Spain, and that the plants were stricted articles are no greater than 36 grown under conditions specified by inches high with a bole diameter at soil APHIS as described in this paragraph level of 1 inch or less.’’ § 319.37–5(u) to prevent infestation with (ii) The U.S. destination (including Helicoverpa armigera, Chrysodeixis county and State) of the restricted ar- chalcites, and Syngrapha circumflexa ticles is plainly indicated on the arti- cles or, if applicable, on the outer cov- (syn. Cornutiplusia circumflexa). ering, packaging, or container. (2) Grower registration and agreement. (iii) If the restricted articles are to Persons in the Canary Islands who be moved through an area of the produce Pelargonium spp. plants for ex- United States quarantined for pine port to the United States must: shoot beetle, as provided in § 301.50–3 of (i) Be registered and approved by the this chapter, en route to an area or national plant protection organization areas in the United States not quar- of Spain; and antined for pine shoot beetle during (ii) Enter into an agreement with the the period of January through Sep- national plant protection organization tember when the temperature is 10 °C of Spain whereby the producer agrees (50 °F) or higher, the restricted articles to participate in and follow the export

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program for Pelargonium spp. plants es- will inspect the production site of the tablished by the national plant protec- plants to ensure that they meet stand- tion organization of Spain. ards of sanitation agreed upon by (3) Growing requirements. Growers in APHIS and the national plant protec- the Canary Islands who produce tion organization of Spain. Pelargonium spp. plants for export to (iv) Inspectors from both APHIS and the United States must meet the fol- the national plant protection organiza- lowing requirements for inclusion in tion of Spain will have access to the the export program for Pelargonium production site as necessary to ensure spp. plants established by the national that growers are employing the proper plant protection organization of Spain: safeguards against infestation of H. (i) Pelargonium spp. plants destined armigera, C. chalcites, and S. circumflexa for export to the United States must be and that those safeguards are correctly produced in a production site devoted implemented. solely to production of such plants. (v) The national plant protection or- (ii) The production sites in which ganization of Spain will provide APHIS such plants are produced must be reg- with access to the list of registered and istered with the national plant protec- approved growers at least annually. tion organization of Spain. Such pro- (5) Ineligibility for participation. (i) duction sites must employ safeguards Growers will be ineligible for participa- agreed on by APHIS and the national tion in the export program for plant protection organization of Spain, Pelargonium spp. plants established by including, but not limited to, pre- the national plant protection organiza- scribed mesh screen size (if the produc- tion of Spain and their production sites tion site is a screenhouse) and auto- will lose approved status if: matically closing doors, to ensure the (A) Live (syn. exclusion of H. armigera. Syngrapha circumflexa (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. (D) The detection and repair of a (ii) A grower may be reinstated, and break or tear in the plastic or screen- the grower’s production sites may re- ing in the production site. gain approved status, by requesting re- (4) Inspections. Inspections under- approval and submitting a detailed re- taken in the export program for port describing the corrective actions Pelargonium spp. plants established by taken by the grower. Reapproval will the national plant protection organiza- only be granted upon concurrence from tion of Spain will include, but may not the national plant protection organiza- be limited to, the following: tion of Spain and APHIS. (i) The national plant protection or- (6) Termination. APHIS may termi- ganization of Spain will inspect the nate the entire program if there are re- plants and the production site during peated violations of procedural or bio- the growing season and during packing. logical requirements. (ii) Packing materials and shipping (7) Trust fund. The government of containers for the plants must be in- Spain must enter into a trust fund spected and approved by APHIS to en- agreement with APHIS before each sure that they do not introduce pests of growing season. The government of concern to the plants. Spain or its designated representative (iii) Either APHIS or the national is required to pay in advance all esti- plant protection organization of Spain mated costs that APHIS expects to

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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- antine pests found in Israel from enter- plants destined for export to the ing the United States. United States are grown must have at least one blacklight trap for 1 year fol- (1) Phytosanitary certificate. The phytosanitary certificate of inspection lowing any of the following events: required by § 319.37–4 that accompanies (A) The construction of the produc- plants from Israel at the time of ar- tion site; rival at the port of first arrival in the (B) The entry of the production site United States must contain additional into the approved plants export pro- declarations that the plants were pro- gram; duced in an approved Israeli production (C) The replacement of the covering site, that the production site is oper- of the production site; or ated by a grower participating in the (D) The detection and repair of a export program for plants established break or tear in the plastic or screen- by the national plant protection orga- ing in the production site. nization of Israel, and that the plants (4) Inspections. Inspections under- were grown under conditions specified taken in the export program for plants by APHIS as described in this para- established by the national plant pro- graph § 319.37–5(v) to prevent infesta- tection organization of Israel will in- tion or contamination with Spodoptera clude, but may not be limited to, the littoralis or other quarantine pests. following:

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(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 to the plants. 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 established by the national plant pro- services will be completed. After a tection organization of Israel and their final audit at the conclusion of each production sites will lose approved sta- shipping season, any overpayment of tus if: funds would be returned to the govern- (A) Live Spodoptera littoralis are ment of Israel or its designated rep- found in a production site; resentative or held on account until (B) Live Spodoptera littoralis are found needed. at port inspection two times during the (w) Seed of the genera Aeglopsis, shipping season in shipments from the Atalantia, Balsamocitrus, Bergera, same grower; or Calodendrum, Citrofortunella, (C) Growers violate the requirements xCitroncirus, Citrus, Clausena, set out in this section and by the ex- Fortunella, Limonia, Microcitrus, port program established by the na- Murraya, Poncirus, Severinia, Swinglea, tional plant protection organization of Toddalia, Triphasia, and Vepris from Ar- Israel. gentina, Bangladesh, Belize, Bhutan, (ii) A grower may be reinstated, and Brazil, Burundi, Cambodia, Cameroon, the grower’s production sites may re- Central African Republic, China, gain approved status, by requesting re- Comoros, Cuba, the Dominican Repub- approval and submitting a detailed re- lic, Ethiopia, Eritrea, India, Indonesia,

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Jamaica, Japan, Kenya, Laos, Mada- by § 319.37-4 contains an additional dec- gascar, Malawi, Malaysia, Mauritius, laration that citrus greening is not Mexico, Myanmar, Nepal, Pakistan, known to occur in the country where Papua New Guinea, Philippines, the seed was produced. Re´union, Rwanda, Saint Helena, Saudi Arabia, Somalia, South Africa, Sri (Approved by the Office of Management and Budget under control numbers 0579–0049, Lanka, Swaziland, Taiwan, Tanzania, 0579–0176, 0579–0221, 0579–0246, 0579–0257, and Thailand, Timor-Leste, Vietnam, 0579–0279) Yemen, and Zimbabwe is prohibited importation into the United States. [45 FR 31585, May 13, 1980] Except for those countries listed in EDITORIAL NOTE: For FEDERAL REGISTER ci- paragraph (x) of this section, seed of tations affecting § 319.37–5, see the List of these genera from all other countries CFR Sections Affected, which appears in the may be imported into the United Finding Aids section of the printed volume States only if the phytosanitary cer- and at www.fdsys.gov. tificate required by § 319.37-4 contains an additional declaration that neither § 319.37–6 Specific treatment and other requirements. citrus greening nor citrus variegated chlorosis is known to occur in the (a) The following seeds and bulbs country where the seed was produced. may be imported into the United (x) Seed of the genus Citrus from States from designated countries and Costa Rica and Paraguay is prohibited localities only if they have been treat- importation into the United States. ed for the specified pests in accordance Seed of the genera Aeglopsis, with part 305 of this chapter. Seeds and Balsamocitrus, Bergera, Calodendrum, bulbs treated prior to importation out- Citrofortunella, xCitroncirus, Clausena, side the United States must be treated Fortunella, Limonia, Microcitrus, in accordance with § 319.37–13(c). An in- Murraya, Poncirus, Severinia, Swinglea, spector may require treatment within Toddalia, Triphasia, and Vepris from the United States of articles that have Costa Rica and Paraguay may be im- been treated prior to importation out- ported into the United States only if side the United States if such treat- the phytosanitary certificate required 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. 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. 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.

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