§ 319.37–7 7 CFR Ch. III (1–1–11 Edition)

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, , Croatia, Brachycerus spp. and Dyspessa ulula bulbs. , Egypt, , Georgia, Germany, (Bkh.). Greece, , Iran, Israel, Italy, Kazakhstan, Kyrgyzstan, Republic of Moldova, Morocco, Portugal, and Montenegro, Slovakia, Slovenia, Republic of South Africa, Spain, , Syria, Russian Federa- tion, Tajikistan, Turkey, Turkmenistan, , and Uzbekistan. 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. 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, , 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 (d) Shipments of kenaf (Hibiscus within the United States must be cannabinus) seed from Mexico that are treated at the time of importation into imported into pink bollworm generally the United States. infested areas listed in § 301.52–2a shall (c) Seeds of Guizotia abyssinica (niger be subject to inspection, and shall im- seed) that are treated prior to ship- mediately, upon release, be subject to ment to the United States must be the domestic pink bollworm quarantine treated at a facility that is approved regulations in §§ 301.52 through 301.52– 8 by APHIS and that operates in com- 10, ‘‘Subpart—Pink Bollworm,’’ of this pliance with a written agreement be- chapter. tween the treatment facility owner and the protection service of the ex- [72 FR 43521, Aug. 6, 2007, as amended at 75 porting country, in which the treat- FR 17294, Apr. 6, 2010; 75 FR 68952, Nov. 10, ment facility owner agrees to comply 2010] with the provisions of this section and allow inspectors and representatives of § 319.37–7 Postentry quarantine. the plant protection service of the ex- (a) The following restricted articles, porting country access to the treat- from the designated countries and lo- ment facility as necessary to monitor calities, and any increase therefrom compliance with the regulations. must be grown under postentry quar- Treatments must be certified in ac- antine conditions specified in para- cordance with the conditions described graphs (c) and (d) of this section, and in § 319.37–13(c). may be imported or offered for impor- tation into the United States only: 8 Criteria for the approval of heat treat- ment facilities are contained in part 305 of this chapter.

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(1) If destined for a State that has Restricted Article (ex- Foreign Country(ies) or Locality(ies) completed a State postentry quar- cluding seeds) from which imported antine agreement in accordance with Chrysanthemum spp. All except Andorra, Argentina, Aus- paragraph (c) of this section; (chrysanthemum, in- tralia, Belarus, Bosnia and cludes Herzegovina, Brazil, Brunei, Can- (2) If a postentry quarantine growing Dendranthema spp.) ada, Canary Islands, Chile, agreement has been completed and sub- meeting the condi- , Colombia, Croatia, Ecua- mitted to Plant Protection and Quar- tions in § 319.37–5(c). dor, Iceland, , Korea, Liechtenstein, Macedonia, Malay- antine in accordance with paragraph sia, Mexico, Moldova, Monaco, (d) of this section. The agreement must New Zealand, Norway, Peru, Re- be signed by the person (the importer) public of South Africa, , San Marino, Switzerland, Taiwan, applying for a written permit for im- Thailand, Tunisia, Ukraine, Uru- portation of the article in accordance guay, Venezuela, Yugoslavia; the with § 319.37–3; and, European Union (Austria, Bel- gium, , Cyprus, Czech (3) If Plant Protection and Quar- Republic, Denmark, Estonia, Fin- antine has determined that the com- land, France, Germany, Greece, pleted postentry quarantine growing Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, agreement fulfills the applicable re- Netherlands, , Portugal, quirements of this section and that , Slovakia, Slovenia, services by State inspectors are avail- Spain, Sweden, and United King- dom); and all countries, terri- able to monitor and enforce the tories, and possessions of coun- postentry quarantine: tries located in part or entirely be- tween 90° and 180° East lon- Restricted Article (ex- Foreign Country(ies) or Locality(ies) gitude. cluding seeds) from which imported Crataegus monogyna . Jacq. (hawthorne, Abelmoschus spp. All except Africa, Bangladesh, thorneapple, red (okra). Brazil, Canada, India, Iraq, haw). Papua New Guinea, Sri Lanka, Crocosmia spp. All except Africa, Argentina, Brazil, and Trinidad and Tobago. (montebretia) (except Canada, France, Italy, Luxem- Acacia spp. (acacia) .... All except Australia, Canada, and bulbs) not meeting bourg, Malta, Mauritius, Portugal, Oceania. the conditions for im- Spain, and Uruguay. portation in § 319.37– Acer spp. (maple)...... All except Canada, Europe, and 5(l). Japan. Cydonia spp. (quince) Countries listed in § 319.37–5(b) Actinidia spp. (Chinese All except Australia, Canada, meeting the condi- except Canada. gooseberry, kiwi). Japan, New Zealand, and Tai- tions for importation wan. in § 319.37–5(b). Aesculus spp. All except Canada, Czech Republic, Datura spp...... All except Canada and India. (horsechestnut). Germany, Romania, Slovakia, Datura spp. (woody (See Brugmansia spp.) . species). Althaea spp. (althaea, All except Africa, Bangladesh, Can- Dendranthema spp. See Chrysanthemum spp. hollyhock). ada, India, and Sri Lanka. (chrysanthemum). Berberis spp. (barberry) All. Dianthus spp. (carna- Great Britain, unless exempted destined to any State tion, sweet-william). from postentry quarantine condi- except the eradi- tions pursuant to § 319.37–5(d), cation States listed in and all other countries and local- § 301.38–2a of this ities except Canada. chapter ( of all Eucalyptus spp ...... All except Canada, Europe, Sri species and horti- Lanka, and Uruguay. cultural varieties des- Euonymus spp. All except Canada, Japan, and Eu- ignated as resistant (euonymus). rope. to black stem rust in Fruit and nut articles All except Canada. accordance with listed by common § 301.38–1 of this name in paragraph chapter). (b) of this section. Blighia sapida (akee) ... All except Canada, Cote d’Ivoire, Gladiolus spp. (glad- All except Africa, Argentina, Brazil, and Nigeria. iolus) (except bulbs) Canada, France, Italy, Luxem- Bromeliaceae All. not meeting the con- bourg, Malta, Mauritius, Portugal, (bromeliads) destined dition for importation Spain, and Uruguay. to Hawaii. in § 319.37–5(l). Hibiscus spp. (kenaf, Brugmansia spp...... All except Canada and Colombia. All except Africa, Brazil, Canada, hibiscus, rose mal- and India. Cedrus spp. (cedar) ..... All except Canada and Europe. low). Chaenomeles spp. Countries listed in § 319.37–5(b) Humulus spp. (hops) ... All. (flowering quince) except Canada. Hydrangea spp. (hy- All except Canada and Japan. meeting the condi- drangea). tions for importation Jasminum spp. jas- All except Canada, Belgium, Ger- in § 319.37–5(b). mine). many, Great Britain, India, and the Philippines.

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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

Juniperus spp. (juniper) All except Canada and Europe. Nipponanthemum All except Andorra, Argentina, Aus- Larix spp. (larch) ...... All except Canada, Japan, and Eu- nipponicum. tralia, Belarus, Bosnia and rope. Herzegovina, Brazil, Brunei, Can- Leucanthemella All except Andorra, Argentina, Aus- ada, Canary Islands, Chile, serotina. tralia, Belarus, Bosnia and China, Colombia, Croatia, Ecua- Herzegovina, Brazil, Brunei, Can- dor, Iceland, Japan, Korea, ada, Canary Islands, Chile, Liechtenstein, Macedonia, Malay- China, Colombia, Croatia, Ecua- sia, Mexico, Moldova, Monaco, dor, Iceland, Japan, Korea, New Zealand, Norway, Peru, Re- Liechtenstein, Macedonia, Malay- public of South Africa, Russia, sia, Mexico, Moldova, Monaco, San Marino, Switzerland, Taiwan, New Zealand, Norway, Peru, Re- Thailand, Tunisia, Ukraine, Uru- public of South Africa, Russia, guay, Venezuela, Yugoslavia; the San Marino, Switzerland, Taiwan, European Union (Austria, Bel- Thailand, Tunisia, Ukraine, Uru- gium, Bulgaria, Cyprus, Czech guay, Venezuela, Yugoslavia; the Republic, Denmark, Estonia, Fin- European Union (Austria, Bel- land, France, Germany, Greece, gium, Bulgaria, Cyprus, Czech Hungary, Ireland, Italy, Latvia, Republic, Denmark, Estonia, Fin- Lithuania, Luxembourg, Malta, land, France, Germany, Greece, Netherlands, Poland, Portugal, Hungary, Ireland, Italy, Latvia, Romania, Slovakia, Slovenia, Lithuania, Luxembourg, Malta, Spain, Sweden, and United King- Netherlands, Poland, Portugal, dom); and all countries, terri- Romania, Slovakia, Slovenia, tories, and possessions of coun- Spain, Sweden, and United King- tries located in part or entirely be- dom); and all countries, terri- tween 90° and 180° East lon- tories, and possessions of coun- gitude. tries located in part or entirely be- Nut and fruit articles tween 90° and 180° East lon- (see fruit and nut ar- gitude. ticles). Ligustrum spp. (privet) All except Canada and Europe. Passiflora spp. (pas- All except Canada. Mahoberberis spp. des- All. sion fruit, granadilla). tined to any State ex- Philadelphus spp. All except Canada and Europe. cept the eradication (mock orange). States listed in Picea spp. (spruce) ..... All except Canada, Europe, Japan, § 301.38–2a of this and Siberia. chapter (plants of all Pinus spp. (pine) (2-or- All except Canada, Europe, and species and horti- 3 leaved). Japan. cultural varieties des- Populus spp. (aspen, All except Canada and Europe. ignated as resistant cottonwood, poplar). to black stem rust in Prunus spp. (almond, Countries listed in § 319.37–5(b) accordance with apricot, cherry, cher- except Canada. § 301.38–1 of this ry laurel, English lau- chapter). rel, nectarine, peach, Mahonia spp. All. plum, prune) meeting (mahonia) destined the conditions for im- to any State except portation in § 319.37– the eradication 5(b). States listed in Pseudolarix spp. (gold- All except Canada, Japan, and Eu- § 301.38–2a of this en larch). rope. chapter (plants of all Pseudotsuga spp. All except Canada and Europe. species and horti- (Douglas fir). cultural varieties des- Pyrus spp. (pear) meet- Countries listed in § 319.37–5(b) ignated as resistant ing the conditions for except Canada. to black stem rust in importation in accordance with § 319.37–5(b). § 301.38–1 of this Quercus spp. (oak) ...... All except Canada and Japan. chapter). Ribes spp...... All except Canada, Europe, and Malus spp. (apple, Countries listed in § 319.37–5(b) New Zealand. crabapple) meeting except Canada. Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- the conditions for im- ada, Italy, and New Zealand. portation in § 319.37– Rubus spp. All unless exempted from postentry 5(b). (cloudberry, black- quarantine conditions pursuant to Mespilus germanica Countries listed in § 319.37–5(b) berry, boysenberry, § 319.37–5(e). (medlar). except Canada. dewberry, logan- Morus spp. (mulberry) All except Canada, India, Japan, berry, raspberry). Korea, People’s Republic of Salix spp. (willow) ...... All of Europe (except Belgium, Ger- China, Thailand, and the geo- many, Great Britain, and the graphic area formerly known as Netherlands). the Union of Soviet Socialist Re- Sorbus spp. (mountain All except Canada, Czech Republic, publics. ash). Denmark, Germany, and Slo- vakia.

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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Syzygium— Malayapple, rose apple, java cluding seeds) from which imported plum 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, tion and other postentry quarantine sweetsop, sugarapple, soursop, bullock’s services provided by a State may be heart, alligator apple, suncoya, ilama, subject to charges imposed by the guanabana, pond apple State. Anacardium— cashew (i) The following States have entered Artocarpus— breadfruit, jackfruit Averrhoa— carambola into a postentry quarantine agreement Carica— papaya, pawpaw in accordance with this paragraph: All Carissa— natal plum U.S. States and Territories, except the Ceratonia— St. Johnsbread District of Columbia, Guam, Hawaii, Chrysobalanus— coco plum Kansas, and the Northern Mariana Is- Chrysophyllum— starapple lands. Corylus— filbert, hazel, hazelnut, cobnut (ii) [Reserved] Crataegus— hawthorne Diospyros— persimmon, kaki, mabola (2) In any such written agreement, Durio— durian the State shall agree to: Eriobotrya— loquat, Japanese medlar, Japa- (i) Establish State regulations and nese plum requirements prior to the effective Euphoria— longan date of the agreement and enforce such Eugenia— roseapple, Malayapple, regulations and requirements nec- Curacaoapple Feijoa— feijoa, pineapple guava (except from essary to inspect sites and plants grow- New Zealand if accompanied by a ing in postentry quarantine and to phytosanitary certificate of inspection in monitor and enforce compliance with accordance with § 319.37–5(k)) postentry quarantine growing in ac- Ficus— fig cordance with this section; Garcinia— mangosteen, gourka (ii) Review pending permit applica- Juglans— walnut, butternut, heartnut, tions for articles to be grown under regranut, buartnut postentry quarantine conditions in the Lansium— langsat Litchi— lychee, leechee State, upon request of Plant Protec- Macadamia— macadamia nut, queensland nut tion and Quarantine, and report to the Malpighia— Barbados cherry Postentry Quarantine Unit of Plant Mammea— mammeapple, mamey Protection and Quarantine whether the Mangifera— mango State would be able to provide inspec- Manilkara— sapodilla tion and monitoring services for the Melicoccus— honeyberry, mamoncilla, span- ish lime, genip proposed postentry quarantine; Nephelium— rambutan, pulasan (iii) Provide the services of State in- Olea— olive spectors to: inspect sites to be used for Persea— avocado, alligator pear postentry quarantine; report to the Phyllanthus— otaheite-gooseberry Postentry Quarantine Unit of Plant Pistacia— pistachio Protection and Quarantine whether the Psidium— guava, guayala site is of adequate size to contain the Punica— pomegranate, granada Pyronia— quinpear number of plants proposed for importa- Rhodomyrtus— hill gooseberry, rose myrtle tion, including potential increase if in- Spondias— yellow mombin, red mombin, hog crease is allowed; inspect plants for plum evidence of exotic pests at least once

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during the first year and once during with regard to future importation to the second year for plants required to that State of articles requiring be grown in postentry quarantine for 2 postentry quarantine in accordance years, and at least once for plants re- with this section. When a postentry quired to be grown in quarantine for quarantine agreement is terminated by less than 2 years; and monitor and en- either the State Plant Regulatory Offi- force compliance with the require- cial or the Administrator, APHIS and ments of this section during the use of the affected State shall continue to the sites for postentry quarantine; provide postentry quarantine services (iv) Report to the Postentry Quar- in accordance with the postentry quar- antine Unit of Plant Protection and antine agreement, until the time the Quarantine any evidence of plant pests plant material is eligible to be released that are not known to exist in the from quarantine, for all postentry United States and that are found at a quarantine material already in the postentry quarantine site by State in- State, and for all postentry quarantine spectors; recommend to Plant Protec- material that arrives in the State prior tion and Quarantine safeguards or to the effective date of termination. mitigation measures to control the (d) Postentry quarantine growing agree- pests; and supervise the application of ments. Any restricted article required safeguards or mitigation measures ap- to be grown under postentry quar- proved by Plant Protection and Quar- antine conditions, as well as any in- antine; and crease therefrom, shall be grown in ac- (v) Report to the Postentry Quar- cordance with a postentry quarantine antine Unit of Plant Protection and growing agreement signed by the per- Quarantine any propagation or in- son (the importer) applying for a writ- crease in the number of plants that oc- ten permit in accordance with § 319.37– curs during postentry quarantine. 3 for importation of the article and (3) In any such written agreement, submitted to Plant Protection and the Administrator shall agree to: Quarantine. On each postentry quar- (i) Seek State review of permit appli- antine growing agreement, APHIS cations for postentry quarantine mate- shall also obtain the signature of the rial in that State, and issue permits State Plant Regulatory Official for the only after determining that State serv- State in which regulated articles cov- ices are available to monitor the ered by the agreement will be grown. postentry quarantine; The postentry quarantine growing (ii) Upon request of the State, pro- agreement shall specify the kind, num- vide training, technical advice, and ber, and origin of plants to be im- pest identification services to State of- ported, and shall certify to APHIS and ficials involved in providing postentry to the State in which the articles are quarantine services in accordance with grown that the signer of the agreement this section; will comply with the following condi- (iii) Notify State officials, in writing tions for the period of time specified and within ten days of the arrival, below: when plant material destined for (1) To grow such article or increase postentry quarantine in their State ar- therefrom only on specified premises rives in the United States, and notify owned, rented, or otherwise in posses- State officials in writing when mate- sion of the importer, within a space of rials in postentry quarantine may be dimensions designated by an inspector, released from quarantine in their and to move, propagate, or allow prop- State. agation of the article or increase there- (4) Termination of State postentry quar- from or parts thereof only with the antine agreement. A State postentry written permission of the coordinator, quarantine agreement may be termi- Postentry Quarantine Unit, USDA, nated by either the Administrator or APHIS, PPQ, Building 580, BARC-East, the State Plant Regulatory Official by Beltsville, MD 20705; giving written notice of termination to (2) To permit an inspector to have ac- the other party. The effective date of cess to the specified premises for in- the termination will be 60 days after spection of such article during regular the date of actual receipt of notice, business hours;

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(3) To keep the article and any in- ported plant will be observed for 6 crease therefrom identified with a label months, and the original plant will be showing the name of the article, port destroyed after the meristem culture is accession number, and date of importa- established. After the 6-month observa- tion; tion, the meristem culture-generated (4) To keep the article separated plant must remain in postentry quar- from any other plant or plant product antine for an additional year. by no less than 3 meters (approxi- (e) A completed postentry quarantine mately 10 feet) unless such other plant agreement shall accompany the appli- or plant product is of the same cation for a written permit for an arti- as the article, entered postentry quar- cle required to be grown under antine with the article, and arrived to- postentry quarantine conditions. 9 gether with the article in a single ship- (f) Inspector-ordered disposal, move- ment from a foreign region; ment, or safeguarding of restricted arti- (5) To allow or apply remedial meas- cles; costs and charges, civil and criminal ures (including destruction) deter- liabilities—(1) Growing at unauthorized mined by an inspector to be necessary sites. If an inspector determines that to prevent the spread of an injurious any article subject to the postentry plant disease, injurious insect pest, or quarantine growing requirements of other plant pest; this section, or any increase therefrom, (6) To notify an inspector, orally or is being grown at an unauthorized site, in writing, within 30 days of the time the inspector may file an emergency the importer or the person in charge of action notification (PPQ form 523) with the growing site finds any abnormality the owner of the article or the person of the article, or the article dies or is who owns or is in possession of the site killed by the importer, the person in on which the article is being grown. charge of the growing site, or any The person named in the form 523 other person; to retain the abnormal or must, within the time specified in form dead article for at least 60 days fol- 523, sign a postentry quarantine grow- lowing that date of notification; and to ing agreement, destroy, ship to a point give the abnormal or dead article to an outside the United States, move to an inspector upon request; authorized postentry quarantine site, (7) To grow the article or increase and/or apply treatments or other safe- therefrom in postentry quarantine for guards to the article, the increase a period of 2 years unless specified oth- therefrom, or any portion of the article erwise in the following: or the increase therefrom, as pre- (i) To grow the article or increase scribed by an inspector to prevent the therefrom, if an article of Rubus spp. introduction of plant pests into the (cloudberry, blackberry, boysenberry, United States. In choosing which ac- dewberry, loganberry, raspberry) from tion to order and in setting the time Europe, only in a screenhouse with limit for the action, the inspector shall screening of a minimum of 16 mesh per consider the degree of pest risk pre- inch. sented by the plant pest(s) associated (ii) To grow the article or increase with the kind of article (including in- therefrom only in a greenhouse or crease therefrom), the types of other other enclosed building, and to comply host materials for the pest in or near with the above conditions for a period the growing site, the climate and sea- of 6 months after importation for an son at the site in relation to the pest’s article of Chrysanthemum spp., survival, and the availability of treat- Dendranthema spp, Leucanthemella ment facilities. serotina, and Nipponanthemum nipponicum, for a period of 1 year after 9 Postentry quarantine agreement forms importation for an article of Dianthus are available without charge from the Ani- spp. (carnation, sweet-william), and for mal and Plant Health Inspection Service, a period of 9 months after importation Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit for an article of Hydrangea spp. 136, Riverdale, Maryland 20737–1236, or local (iii) To grow the article or increase offices of the Plant Protection and Quar- therefrom, if an article of Humulus spp. antine Programs which are listed in tele- (hops), a meristem culture of the im- phone directories.

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(2) Growing at authorized sites. If an quarantine growing agreement, or who inspector determines that any article, otherwise handles such an article con- or any increase therefrom, grown at a trary to the requirements of this sec- site specified in an authorized tion, shall be subject to such civil pen- postentry quarantine growing agree- alties and such criminal liabilities as ment is being grown contrary to the are provided by 18 U.S.C. 1001, 7 U.S.C. provisions of this section, including in 7734, or other applicable Federal stat- numbers greater than the number ap- utes. 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- ducing plant pests into the United [45 FR 31585, May 13, 1980] States, the inspector shall issue an EDITORIAL NOTE: For FEDERAL REGISTER ci- emergency action notification (PPQ tations affecting § 319.37–7, see the List of form 523) to the person who signed the CFR Sections Affected, which appears in the postentry quarantine growing agree- Finding Aids section of the printed volume ment. That person shall be responsible and at www.fdsys.gov. for carrying out all actions specified in § 319.37–8 Growing media. the emergency action notification. The emergency action notification may ex- (a) Any restricted article at the time tend the time for which the articles of importation or offer for importation and the increase therefrom must be into the United States shall be free of grown under the postentry quarantine sand, soil, earth, and other growing conditions specified in the authorized media, except as provided in paragraph postentry quarantine growing agree- (b), (c), (d) or (e) of this section. ment, or may require that the person (b)(1) A restricted article from Can- named in the notification must de- ada may be imported in any growing stroy, ship to a point outside the medium, except as restricted in para- United States, or apply treatments or graph (b)(2) of this section. other safeguards to the article, the in- (2) A restricted article from New- crease therefrom, or any portion of the foundland or from that portion of the article or the increase therefrom, with- Municipality of Central Saanich in the in the time specified in the emergency Province of British Columbia east of action notification. In choosing which the West Saanich Road may only be action to order and in setting the time imported in an approved growing me- limit for the action, the inspector shall dium if the phytosanitary certificate consider the degree of pest risk pre- accompanying it contains an addi- sented by the plant pest(s) associated tional declaration that that the plants with the kind of article (including in- were grown in a manner to prevent in- crease therefrom), the types of other festation by potato cyst nematodes host materials for the pest in or near (Globodera rostochiensis and G. pallida). the growing site, the climate and sea- (c) A restricted article growing solely son at the site in relation to the pest’s in agar or in other agar-like tissue cul- survival, and the availability of treat- ture medium may be imported estab- ment facilities. lished in such growing media. (3) Costs and charges. All costs pursu- (d) Epiphytic plants (including orchid ant to any action ordered by an inspec- plants) established solely on tree fern tor in accordance with this section slabs, coconut husks, coconut fiber, shall be borne by the person who signed new clay pots, or new wooden baskets the postentry quarantine growing may be imported on such growing agreement covering the site where the media. New wooden baskets must meet articles were grown, or if no such all applicable requirements in §§ 319.40– agreement was signed, by the owner of 1 through 319.40–11. the articles at the growing site. (e) A restricted article of any of the (4) Civil and criminal liabilities. Any following groups of plants may be im- person who moves an article subject to ported established in an approved postentry quarantine growing require- growing medium listed in this para- ments from the site specified for that graph if the restricted article meets article in an authorized postentry the conditions of this paragraph and is

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