§ 301.76–2 7 CFR Ch. III (1–1–11 Edition)

not limited to, trees, shrubs, cuttings, (b) Propagative seed of the species grafts, scions, and buds. listed in paragraph (a) of this section is Person. Any association, company, considered a host of citrus greening but corporation, firm, individual, joint not a host of Asian citrus psyllid. stock company, partnership, society, Therefore, notwithstanding the other or other entity. provisions of this subpart, the move- Port. Any place designated by the ment of propagative seed of these spe- President, Secretary of the Treasury, cies from an area quarantined for cit- or Congress at which a Customs officer rus greening is prohibited, while the is assigned with authority to accept movement of such seed from an area entries of merchandise, to collect du- quarantined only for Asian citrus ties, and to enforce the various provi- psyllid, but not for citrus greening, is sions of the Customs and Navigation allowed without restriction. laws in force at that place. (c) Any other product, article, or Quarantined area. Any State or por- means of conveyance may be des- tion of a State designated as a quar- ignated a regulated article for Asian antined area for Asian citrus psyllid or citrus psyllid or citrus greening, if an citrus greening in accordance with inspector determines that it presents a § 301.76-3. risk of spreading these pests, and after the inspector provides written notifica- Regulated article. Any article listed in tion to the person in possession of the § 301.76-2 or otherwise designated as a product, article, or means of convey- regulated article in accordance with ance that it is subject to the restric- § 301.76-2(c). tions of this subpart. State. The District of Columbia, Puer- (d) Plant parts of the species listed in to Rico, the Northern Mariana Islands, paragraph (a) of this section may be ex- or any State, territory, or possession of empted from the regulations in this the United States. subpart, provided that the parts have been processed such that an inspector § 301.76–2 Regulated articles for Asian determines they no longer present a citrus psyllid and citrus greening. risk of spreading Asian citrus psyllid The following are regulated articles or citrus greening. for Asian citrus psyllid and citrus greening: § 301.76–3 Quarantined areas; citrus (a) All plants and plant parts (includ- greening and Asian citrus psyllid. ing leaves), except fruit, of: Aegle (a) The Administrator will designate marmelos, Aeglopsis chevalieri, Afraegle an area as a quarantined area for citrus gabonensis, A. paniculata, Amyris greening or as a quarantined area for madrensis, Atalantia spp. (including Asian citrus psyllid in accordance with Atalantia monophylla), Balsamocitrus the criteria listed in paragraph (c) of dawei, Bergera (=Murraya) koenigii, this section. The Administrator will Calodendrum capense, Choisya ternate, C. publish a description of all areas quar- arizonica, X Citroncirus webberi, Citropsis antined for citrus greening or Asian articulata, Citropsis gilletiana, Citrus citrus psyllid on the Plant Protection madurensis (= X Citrofortunella and Quarantine (PPQ) Web site: (http:// microcarpa), Citrus spp., Clausena www.aphis.usda.gov/plantlhealth/ anisum-olens, C. excavata, C. indica, C. plantlpestlinfo/citruslgreening/ lansium, Eremocitrus glauca, Eremocitrus index.shtml). The description of each hybrid, Esenbeckia berlandieri, quarantined area will include the date Fortunella spp., Limonia acidissima, the description was last updated and a Merrillia caloxylon, Microcitrus description of any changes that have australasica, M. australis, M. papuana, X been made to the quarantined area. Microcitronella spp., Murraya spp., Lists of all quarantined areas may also Naringi crenulata, Pamburus missionis, be obtained by request from any local Poncirus trifoliata, Severinia buxifolia, office of PPQ; local offices are listed in Swinglea glutinosa, Tetradium telephone directories and on the Inter- ruticarpum, Toddalia asiatica, Triphasia net at (http://www.aphis.usda.gov/serv- trifolia, Vepris (=Toddalia) lanceolata, ices/reportlpestldisease/ and Zanthoxylum fagara. reportlpestldisease.shtml). After a

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change is made to the description of eral prohibitions regarding the inter- quarantined areas, we will publish a state movement of the article is promi- notice in the FEDERAL REGISTER in- nently and legibly displayed. Alter- forming the public that the change has natively, if the article is destined for occurred and describing the change to commercial sale in a box or container, the quarantined areas. the statement may be printed on the (b) Designation of an area less than an box or container, or printed on a label entire State as a quarantined area. Less permanently affixed to the box or con- than an entire State will be designated tainer, provided that, in either case, as a quarantined area for citrus green- the statement is prominently and leg- ing or the Asian citrus psyllid only if ibly displayed. The operator of the site the Administrator determines that: of propagation of the nursery stock and (1) The State has adopted and is en- the person offering the plants for com- forcing restrictions on the intrastate mercial sale are jointly responsible for movement of regulated articles that all such labeling. are equivalent to those imposed by this (b) Nursery stock produced within a subpart on the interstate movement of quarantined area for planting in a com- regulated articles; and mercial citrus grove within that same (2) The designation of less than the area and moved directly to that grove, entire State as a quarantined area will without movement outside of the quar- prevent the interstate spread of citrus antined area, may be moved without greening or Asian citrus psyllid. being labeled in accordance with para- (c) Criteria for designation of a State, graph (a) of this section. or a portion of a State, as a quarantined (c) Nursery stock that will be moved area for citrus greening or Asian citrus interstate for immediate export under psyllid. a limited permit in accordance with § 301.76-7(c) may be moved without (1) A State, or portion of a State, will being labeled in accordance with para- be designated as a quarantined area for graph (a) of this section. citrus greening when the presence of citrus greening is confirmed within the (Approved by the Office of Management and area by an APHIS-administered test. Budget under control number 0579-0363) (2) A State, or portion of a State, will be designated as a quarantined area for § 301.76–5 General conditions gov- erning the issuance of any certifi- Asian citrus psyllid in which an estab- cate or limited permit; provisions lished population of Asian citrus for cancellation of a certificate or psyllids has been detected. limited permit. (3) A State, or portion of a State, will (a) Certificates. In addition to all be designated as a quarantined area for other relevant conditions within this either citrus greening or Asian citrus subpart, an inspector or person oper- psyllid if the Administrator considers ating under a compliance agreement it necessary to quarantine the area be- will issue a certificate only if a regu- cause of its inseparability for quar- lated article: antine enforcement purposes from lo- (1) Will be moved in compliance with calities in which citrus greening or an any additional emergency conditions established population of Asian citrus that the Administrator may impose psyllids has been found. under section 414 of the Plant Protec- tion Act (7 U.S.C. 7714) 2/≤ to prevent § 301.76–4 Labeling requirements for the spread of Asian citrus psyllid; and regulated nursery stock produced within an area quarantined for cit- (2) Is eligible for unrestricted move- rus greening. ment under all other Federal domestic plant quarantines and regulations ap- (a) Effective September 15, 2010, ex- plicable to the article. cept as provided in paragraphs (b) and (c) of this section, all regulated nurs- 2 ery stock offered for commercial sale An inspector may hold seize, quarantine, treat, apply other remedial measures to, de- within an area quarantined for citrus stroy, or otherwise dispose of plants, plant greening must have an APHIS-ap- pests, or other articles in accordance with proved plastic or metal tag on which a sections 414, 421, and 423 of the Plant Protec- statement alerting consumers to Fed- tion Act (7 U.S.C. 7714, 7731, and 7754).

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