and Plant Health Inspection Service, USDA § 319.56–28

(Cucumis melo L. subsp. melo) and wa- tion of Japan or the Republic of Korea. termelon may be imported into the The apples shall be subject to further United States from Peru only in ac- disinfection in the exporting country if cordance with this paragraph and all plant pests are found prior to export. other applicable requirements of this Imported apples inspected in Japan or subpart: the Republic of Korea are also subject (1) The fruit may be imported in com- to inspection and disinfection at the mercial consignments only. port of first arrival, as provided in (2) The fruit must have been grown in § 319.56–3. an area of Peru considered by APHIS (c) Trust fund agreements. The na- to be free of the South American tional plant protection organization of cucurbit fly, must be accompanied by a the exporting country must enter into phytosanitary certificate declaring its a trust fund agreement with APHIS in origin in such an area, and must be accordance with § 319.56–6 before APHIS safeguarded and labeled, each in ac- will provide the services necessary for cordance with § 319.56–5 of this subpart. apples to be imported into the United (3) The phytosanitary certificate re- States from Japan or the Republic of quired under § 319.56–5 must also in- Korea. clude a declaration by the NPPO of Peru indicating that, upon inspection, [72 FR 39501, July 18, 2007, as amended at 75 the fruit was found free of the gray FR 65214, Oct. 22, 2010] pineapple mealybug (Dysmicoccus § 319.56–28 Tomatoes from certain neobrevipes). countries. (4) All consignments of fruit must be labeled in accordance with § 319.56(5(e) (a) Tomatoes (fruit) (Solanum of this subpart, and the boxes in which lycopersicum) from Spain. Pink or red the fruit is packed must be labeled tomatoes may be imported into the ‘‘Not for distribution in HI, PR, VI, or United States from Spain only in ac- Guam.’’ cordance with this section and all other applicable provisions of this sub- (Approved by the Office of Management and part. 5 Budget under control number 0579–0236) (1) The tomatoes must be grown in the Almeria Province, the Murcia § 319.56–27 Apples from Japan and the Province, or the municipalities of Republic of Korea. Albun˜ ol and Carchuna in the Granada Any variety of Malus domestica apples Province of Spain in greenhouses reg- may be imported into the United istered with, and inspected by, the States from Japan, and Fuji variety Spanish Ministry of Agriculture, Fish- apples may be imported into the eries, and Food (MAFF); United States from the Republic of (2) The tomatoes may be shipped only Korea, only in accordance with this from December 1 through April 30, in- section and all other applicable provi- clusive; sions of this subpart. (3) Two months prior to shipping, and (a) Treatment and fumigation. The ap- continuing through April 30, MAFF ples must be cold treated and then fu- must set and maintain Mediterranean migated, under the supervision of an fruit fly (Medfly) traps baited with APHIS inspector, either in Japan or trimedlure inside the greenhouses at a the Republic of Korea, for the peach rate of four traps per hectare. In all fruit (Carposina niponensis), the areas outside the greenhouses and yellow peach moth (Conogethes within 8 kilometers, including urban punctiferalis), and the fruit tree spider and residential areas, MAFF must mite (Tetranychus viennensis), in ac- place Medfly traps at a rate of four cordance with part 305 of this chapter. (b) APHIS inspection. The apples must be inspected upon completion of the 5 The surface area of a pink is more treatments required by paragraph (a) than 30 percent but not more than 60 percent pink and/or red. The surface area of a red to- of this section, prior to export from mato is more than 60 percent pink and/or Japan or the Republic of Korea, by an red. Green tomatoes from Spain, France, Mo- APHIS inspector and an inspector from rocco, and Western Sahara may be imported the national plant protection organiza- in accordance with §§ 319.56–3 and 319.56–4.

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traps per square kilometer. All traps cordance with this section and other must be checked every 7 days; applicable provisions of this subpart. 6 (4) Capture of a single Medfly in a (1) The tomatoes must be grown in registered greenhouse will immediately the Brittany Region of France in result in cancellation of exports from greenhouses registered with, and in- that greenhouse until the source of in- spected by, the Service de la Protec- festation is determined, the Medfly in- tion Vegetaux (SRPV); festation is eradicated, and measures (2) From June 1 through September are taken to preclude any future infes- 30, SRPV must set and maintain one tation. Capture of a single Medfly with- Medfly trap baited with trimedlure in- in 2 kilometers of a registered green- side and one outside each greenhouse house will necessitate increasing trap and must check the traps every 7 days; density in order to determine whether (3) Capture of a single Medfly inside there is a reproducing population in or outside a registered greenhouse will the area. Capture of two Medflies with- immediately result in cancellation of in 2 kilometers of a registered green- exports from that greenhouse until the house and within a 1-month time pe- source of the infestation is determined, riod will result in cancellation of ex- the Medfly infestation is eradicated, ports from all registered greenhouses and measures are taken to preclude within 2 kilometers of the find until any future infestation; the source of infestation is determined (4) SRPV must maintain records of and the Medfly infestation is eradi- trap placement, checking of traps, and cated; any Medfly captures, and must make (5) MAFF must maintain records of them available to APHIS upon request; trap placement, checking of traps, and any Medfly captures, and must make (5) From June 1 through September the records available to APHIS upon 30, the tomatoes must be packed within request; 24 hours of harvest. They must be safe- guarded by -proof mesh screen or (6) The tomatoes must be packed plastic tarpaulin while in transit to the within 24 hours of harvest. They must packinghouse and while awaiting pack- be safeguarded from harvest to export ing. They must be packed in insect- by insect-proof mesh screens or plastic tarpaulins, including while in transit proof cartons or containers, or covered to the packinghouse and while await- by insect-proof mesh screen or plastic ing packaging. They must be packed in tarpaulin. These safeguards must be in- insect-proof cartons or containers, or tact upon arrival in the United States; covered by insect-proof mesh or plastic and tarpaulins for transit to the airport (6) SRPV is responsible for export and subsequent export to the United certification inspection and issuance of States. These safeguards must be in- phytosanitary certificates. Each con- tact upon arrival in the United States; signment of tomatoes must be accom- and panied by a phytosanitary certificate (7) MAFF is responsible for export issued by SRPV and bearing the dec- certification inspection and issuance of laration, ‘‘These tomatoes were grown phytosanitary certificates. Each con- in registered greenhouses in the Brit- signment of tomatoes must be accom- tany Region of France.’’ panied by a phytosanitary certificate (c) Tomatoes (fruit) (Solanum issued by MAFF and bearing the dec- lycopersicum) from the provinces of El laration, ‘‘These tomatoes were grown Jadida or Safi in Morocco and the prov- in registered greenhouses in Almeria ince of Dahkla in Western Sahara. Pink Province, the Murcia Province, or the tomatoes may be imported into the municipalities of Albun˜ ol and United States from the provinces of El Carchuna in the Granada Province in Jadida or Safi in Morocco and the prov- Spain.’’ ince of Dahkla in Western Sahara only (b) Tomatoes (fruit) (Solanum in accordance with this section and lycopersicum) from France. Pink or red tomatoes may be imported into the 6 See footnote 5 to paragraph (a) of this sec- United States from France only in ac- tion.

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other applicable provisions of this sub- istered greenhouse and within a 1- part.7 month time period will necessitate (1) The tomatoes must be grown in Malathion bait sprays in the area every the provinces of El Jadida or Safi in 7 to 10 days for 60 days to ensure eradi- Morocco or in the province of Dahkla cation; in Western Sahara in insect-proof (6) The tomatoes must be packed greenhouses registered with, and in- within 24 hours of harvest and must be spected by, the national plant protec- pink at the time of packing. They must tion organization (NPPO) of Morocco be safeguarded by an insect-proof mesh the national plant protection organiza- screen or plastic tarpaulin while in tion (NPPO) of Morocco ; transit to the packinghouse and while (2) The tomatoes may be shipped awaiting packing. They must be from Morocco and Western Sahara only packed in insect-proof cartons or con- between December 1 and April 30, in- tainers, or covered by insect-proof clusive; mesh or plastic tarpaulin for transit to (3) Beginning 2 months prior to the the airport and export to the United start of the shipping season and con- States. These safeguards must be in- tinuing through the end of the shipping tact upon arrival in the United States; season, the NPPO of Morocco must set and and maintain Mediterranean fruit fly (7) The national plant protection or- (Medfly) traps baited with trimedlure ganization of Morocco (NPPO) is re- inside the greenhouses at a rate of four sponsible for export certification in- traps per hectare. In Morocco, traps spection and issuance of phytosanitary must also be placed outside registered certificates. Each consignment of to- greenhouses within a 2-kilometer ra- matoes must be accompanied by a dius at a rate of four traps per square phytosanitary certificate issued by the kilometer. In Western Sahara, a single NPPO of Morocco and bearing the dec- trap must be placed outside in the im- laration, ‘‘These tomatoes were grown mediate proximity of each registered in registered greenhouses in El Jadida greenhouse. All traps in Morocco and or Safi Province, Morocco, and were Western Sahara must be checked every pink at the time of packing’’ or ‘‘These 7 days; tomatoes were grown in registered (4) The NPPO of Morocco must main- greenhouses in Dahkla Province, West- tain records of trap placement, check- ern Sahara and were pink at the time ing of traps, and any Medfly captures, of packing.’’ and make the records available to (d) Tomatoes from Chile. Tomatoes APHIS upon request. The trapping (fruit) (Solanum lycopersicum) from records must be maintained for 1 year Chile, whether green or at any stage of for APHIS review; ripeness, may be imported into the (5) Capture of a single Medfly in a United States with treatment in ac- registered greenhouse will immediately cordance with paragraph (d)(1) of this result in cancellation of exports from section or if produced in accordance that greenhouse until the source of the with the systems approach described in infestation is determined, the Medfly paragraph (d)(2) of this section. infestation has been eradicated, and (1) With treatment. (i) The tomatoes measures are taken to preclude any fu- must be treated in Chile with methyl ture infestation. Capture of a single bromide in accordance with part 305 of Medfly within 200 meters of a reg- this chapter. The treatment must be istered greenhouse will necessitate in- conducted in facilities registered with creasing trap density in order to deter- the Servicio Agricola y Ganadero mine whether there is a reproducing (SAG) and with APHIS personnel moni- population in the area. Six additional toring the treatments; traps must be placed within a radius of (ii) The tomatoes must be treated 200 meters surrounding the trap where and packed within 24 hours of harvest. the Medfly was captured. Capture of Once treated, the tomatoes must be two Medflies within 200 meters of a reg- safeguarded by an insect-proof mesh screen or plastic tarpaulin while in 7 See footnote 5 to paragraph (a) of this sec- transit to the packinghouse and await- tion. ing packing. They must be packed in

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insect-proof cartons or containers, or istered greenhouses. Traps must be insect-proof mesh or plastic tarpaulin placed inside greenhouses at a density under APHIS monitoring for transit to of 4 traps/10 ha, with a minimum of at the airport and subsequent export to least two traps per greenhouse. the United States. These safeguards (B) Medfly traps with trimedlure must be intact upon arrival in the must be placed inside a buffer area 500 United States; and meters wide around the registered pro- (iii) Tomatoes may be imported into duction site, at a density of 1 trap/10 ha the United States from Chile with and a minimum of 10 traps. These traps treatment in accordance with this must be checked at least every 7 days. paragraph (d)(1) only if SAG has en- At least one of these traps must be tered into a trust fund agreement with near a greenhouse. Traps must be set APHIS for that shipping season in ac- for at least 2 months before export and cordance with § 319.56–6. This agree- trapping and continue to the end of the ment requires SAG to pay in advance harvest season. all costs that APHIS estimates it will (C) Medfly prevalence levels in the incur in providing the preclearance surrounding areas must be 0.7 Medflies services prescribed in this section for per trap per week or lower. If levels ex- that shipping season. ceed this before harvest, the produc- (2) Systems approach. The tomatoes tion site will be prohibited from ship- may be imported without fumigation ping under the systems approach. If the for Tuta absoluta, Rhagoletis tomatis, levels exceed this after the 2 months and Mediterranean fruit fly (Medfly, prior to harvest, the production site Ceratitis capitata) if they meet the fol- would be prohibited from shipping lowing conditions: under the systems approach until (i) The tomatoes must be grown in APHIS and SAG agree that the pest approved production sites that are reg- risk has been mitigated. istered with SAG. Initial approval of (iv) Registered production sites must the production sites will be completed contain traps for Rhagoletis tomatis in jointly by SAG and APHIS. SAG will accordance with the following provi- visit and inspect the production sites sions: monthly, starting 2 months before har- (A) McPhail traps with an approved vest and continuing until the end of protein bait must be used within reg- the shipping season. APHIS may mon- istered greenhouses. Traps must be itor the production sites at any time placed inside greenhouses at a density during this period. of 4 traps/10 ha, with a minimum of at (ii) Tomato production sites must least two traps per greenhouse. Traps consist of pest-exclusionary green- inside greenhouses will use the same houses, which must have double self- bait for Medfly and Rhagoletis tomatis closing doors and have all other open- because the bait used for R. tomatis is ings and vents covered with 1.6 mm (or sufficient for attracting both types of less) screening. fruit fly within the confines of a green- (iii) The tomatoes must originate house; therefore, it is unnecessary to from an area that has been determined repeat this trapping protocol in pro- by APHIS to be free of Medfly in ac- duction sites in areas where Medfly is cordance with the procedures described known to occur. in § 319.56–5 or an area where Medfly (B) McPhail traps with an approved trapping occurs. Production sites in protein bait must be placed inside a 500 areas where Medfly is known to occur meter buffer zone at a density of 1 trap/ must contain traps for both Medfly and 10 ha surrounding the production site. Rhagoletis tomatis in accordance with At least one of the traps must be near paragraphs (d)(2)(iii) and (d)(2)(iv) of a greenhouse. Traps must be set for at this section. Production sites in all least 2 months before export until the other areas do not require trapping for end of the harvest season and must be Medfly. The trapping protocol for the checked at least every 7 days. In areas detection of Medfly in infested areas is where Medfly trapping is required, as follows: traps located outside of greenhouses (A) McPhail traps with an approved must contain different baits for Medfly protein bait must be used within reg- and Rhagoletis tomatis. There is only

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one approved bait for R. tomatis and the must be packed in insect-proof cartons bait is not strong enough to lure Med- or containers or covered with insect- fly when used outside greenhouses; proof mesh or plastic tarpaulin for therefore, separate traps must be used transit to the United States. These for each type of fruit fly present in the safeguards must remain intact until area surrounding the greenhouses. arrival in the United States. (C) If within 30 days of harvest a sin- (x) During the time the packinghouse gle Rhagoletis tomatis is captured inside is in use for exporting fruit to the the greenhouse or in a consignment or United States, the packinghouse may if two R. tomatis are captured or de- only accept fruit from registered ap- tected in the buffer zone, shipments proved production sites. from the production site will be sus- (xi) SAG is responsible for export cer- pended until APHIS and SAG deter- tification inspection and issuance of mine that risk mitigation is achieved. phytosanitary certificates. Each con- (v) Registered production sites must signment of tomatoes must be accom- conduct regular inspections for Tuta panied by a phytosanitary certificate absoluta throughout the harvest season issued by SAG with an additional dec- and find these areas free of T. absoluta laration, ‘‘These tomatoes were grown evidence (e.g., eggs or larvae). If within in an approved production site in 30 days of harvest, two T. absoluta are Chile.’’ The shipping box must be la- captured inside the greenhouse or a beled with the identity of the produc- single T. absoluta is found inside the tion site. fruit or in a consignment, shipments (e) Tomatoes (fruit) (Solanum from the production site will be sus- lycopersicum) from Australia. Tomatoes pended until APHIS and SAG deter- may be imported into the United mine that risk mitigation is achieved. States from Australia only in accord- (vi) SAG will ensure that populations ance with this section and other appli- of Liriomyza huidobrensis inside green- cable provisions of this subpart. houses are well managed by doing in- spections during the monthly visits (1) The tomatoes must be grown in specifically for L. huidobrensis mines in greenhouses registered with, and in- the leaves and for visible external spected by, the Australian Quarantine pupae or adults. If L. huidobrensis is Inspection Service (AQIS); found to be generally infesting the pro- (2) Two months prior to shipping, duction site, shipments from the pro- AQIS must inspect the greenhouse to duction site will be suspended until establish its freedom from the fol- APHIS and SAG agree that risk miti- lowing quarantine pests: Bactrocera gation is achieved. aquilonis, B. cucumis, B. jarvis, B. (vii) All traps must be placed at least neohumeralis, B. tryoni, Ceratitis 2 months prior to harvest and be main- capitata, argentifera, C. tained throughout the harvest season erisoma, Helicoverpa armigera, H. and be monitored and serviced weekly. punctigera, Lamprolonchaea brouniana, (viii) SAG must maintain records of Sceliodes cordalis, and Spodoptera litura. trap placement, checking of traps, and AQIS must also set and maintain fruit of any Rhagoletis tomatis or Tuta fly traps inside the greenhouses and absoluta captures for 1 year for APHIS around the perimeter of the green- review. SAG must maintain an APHIS houses. Inside the greenhouses, the approved quality control program to traps must be APHIS-approved fruit fly monitor or audit the trapping program. traps, and they must be set at the rate APHIS must be notified when a produc- of six per hectare. In all areas outside tion site is removed from or added to the greenhouse and within 8 kilometers the program. of the greenhouse, fruit fly traps must (ix) The tomatoes must be packed be placed on a 1-kilometer grid. All within 24 hours of harvest in a pest-ex- traps must be checked at least every 7 clusionary packinghouse. The toma- days; toes must be safeguarded by a pest- (3) Within a registered greenhouse, proof screen or plastic tarpaulin while capture of a single fruit fly or other in transit to the packinghouse and quarantine pest will result in imme- while awaiting packing. Tomatoes diate cancellation of exports from that

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greenhouse until the source of the in- ance with the procedures described in festation is determined, the infestation § 319.56–5. has been eradicated, and measures are (ii) A pre-harvest inspection of the taken to preclude any future infesta- production site must be conducted by tion; the national plant protection organiza- (4) Outside of a registered green- tion (NPPO) of the exporting country house, if one fruit fly of the species for pea leafminer, tomato fruit borer, specified in paragraph (e)(2) of this sec- and potato spindle tuber viroid. If any tion is captured, the trap density and of these pests are found to be generally frequency of trap inspection must be infesting the production site, the increased to detect a reproducing col- NPPO may not allow exports from that ony. Capture of two Medflies or three production site until the NPPO and of the same species of Bactrocera within APHIS have determined that risk miti- 2 kilometers of each other and within gation has been achieved. 30 days will result in the cancellation (iii) The tomatoes must be packed in of exports from all registered green- insect-proof cartons or containers or houses within 2 kilometers of the finds covered with insect-proof mesh or plas- until the source of the infestation is tic tarpaulin at the packinghouse for determined and the fruit fly infestation transit to the United States. These is eradicated; safeguards must remain intact until (5) AQIS must maintain records of arrival in the United States. trap placement, checking of traps, and (iv) The exporting country’s NPPO is any fruit fly captures, and must make responsible for export certification, in- the records available to APHIS upon spection, and issuance of phytosanitary request; certificates. Each consignment of to- matoes must be accompanied by a (6) The tomatoes must be packed phytosanitary certificate issued by the within 24 hours of harvest. They must NPPO and bearing the declaration, be safeguarded by an insect-proof mesh ‘‘These tomatoes were grown in an area screen or plastic tarpaulin while in recognized to be free of Medfly and the transit to the packinghouse or while consignment has been inspected and awaiting packing. They must be placed found free of the pests listed in the re- in insect-proof cartons or containers, quirements.’’ or securely covered with insect-proof (2) From areas where Medfly is con- mesh or plastic tarpaulin for transport sidered to exist: to the airport or other shipping point. (i) The tomatoes must be grown in These safeguards must be intact upon approved registered production sites. arrival in the United States; and Initial approval of the production sites (7) Each consignment of tomatoes will be completed jointly by the ex- must be accompanied by a porting country’s NPPO and APHIS. phytosanitary certificate issued by The exporting country’s NPPO must AQIS stating ‘‘These tomatoes were visit and inspect the production sites grown, packed, and shipped in accord- monthly starting 2 months before har- ance with the requirements of § 319.56– vest and continuing through until the 28(e) of 7 CFR.’’ end of the shipping season. APHIS may (f) Tomatoes (fruit) (Solanum monitor the production sites at any lycopersicum) from certain countries in time during this period. Central America. Pink or red tomatoes (ii) Tomato production sites must may be imported into the United consist of pest-exclusionary green- States from Costa Rica, El Salvador, houses, which must have double self- Guatemala, Honduras, Nicaragua, and closing doors and have all other open- Panama only under the following con- ings and vents covered with 1.6 mm (or ditions: less) screening. (1) From areas free of Mediterranean (iii) Registered sites must contain fruit fly: traps for the detection of Medfly both (i) The tomatoes must be grown and within and around the production site packed in an area that has been deter- as follows: mined by APHIS to be free of Medi- (A) Traps with an approved protein terranean fruit fly (Medfly) in accord- bait for Medfly must be placed inside

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the greenhouses at a density of four toes must be packed in insect-proof traps per hectare, with a minimum of cartons or containers, or covered with two traps per greenhouse. Traps must insect-proof mesh or plastic tarpaulin, be serviced on a weekly basis. for transit into the United States. (B) If a single Medfly is detected in- These safeguards must remain intact side a registered production site or in a until arrival in the United States or consignment, the registered production the consignment will be denied entry site will lose its ability to export toma- into the United States. toes to the United States until APHIS (vi) During the time the packing- and the exporting country’s NPPO mu- house is in use for exporting tomatoes tually determine that risk mitigation to the United States, the packinghouse is achieved. may only accept tomatoes from reg- (C) Medfly traps with an approved istered approved production sites. lure must be placed inside a buffer area (vii) The exporting country’s NPPO 500 meters wide around the registered production site, at a density of 1 trap is responsible for export certification, per 10 hectares and a minimum of 10 inspection, and issuance of traps. These traps must be checked at phytosanitary certificates. Each con- least every 7 days. At least one of these signment of tomatoes must be accom- traps must be near the greenhouse. panied by a phytosanitary certificate Traps must be set for at least 2 months issued by the NPPO and bearing the before export and trapping must con- declaration, ‘‘These tomatoes were tinue to the end of the harvest. grown in an approved production site (D) Capture of 0.7 or more Medflies and the consignment has been in- per trap per week will delay or suspend spected and found free of the pests list- the harvest, depending on whether har- ed in the requirements.’’ The shipping vest has begun, for consignments of to- box must be labeled with the identity matoes from that production site until of the production site. APHIS and the exporting country’s (g) Tomatoes (fruit) (Solanum NPPO can agree that the pest risk has lycopersicum) from the Souss-Massa-Draa been mitigated. region of Morocco. Pink tomatoes may (E) The greenhouse must be inspected be imported into the United States prior to harvest for pea leafminer, to- from the region of Souss-Massa-Draa in mato fruit borer, and potato spindle Morocco only in accordance with this tuber viroid. If any of these pests, or section and other applicable provisions other quarantine pests, are found to be of this subpart.8 generally infesting the greenhouse, ex- (1) The tomatoes must be grown in ports from that production site will be approved production sites within the halted until the exporting country’s region of Souss-Massa-Draa in Morocco NPPO and APHIS determine that the in pest-exclusionary structures reg- pest risk has been mitigated. istered with, and inspected by, the na- (iv) The exporting country’s NPPO tional plant protection organization must maintain records of trap place- (NPPO). Production sites will be ap- ment, checking of traps, and any Med- proved jointly by the NPPO of Morocco fly captures in addition to production and APHIS. The NPPO of Morocco will site and packinghouse inspection visit and inspect the production sites records. The exporting country’s NPPO starting 2 months before harvest and must maintain an APHIS-approved continuing until the end of the ship- quality control program to monitor or audit the trapping program. The trap- ping season. APHIS may monitor the ping records must be maintained for production sites at any time during APHIS’s review. this period; (v) The tomatoes must be packed (2) The tomatoes may be shipped within 24 hours of harvest in a pest-ex- from the Souss-Massa-Draa region of clusionary packinghouse. The toma- Morocco only between December 1 and toes must be safeguarded by an insect- April 30, inclusive; proof mesh screen or plastic tarpaulin while in transit to the packinghouse 8 See footnote 5 to paragraph (a) of this and while awaiting packing. The toma- section.

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(3) Beginning 2 months prior to the (6) No Medfly host material is per- start of the shipping season and con- mitted within 50 meters of the entry tinuing through the end of the shipping door of the pest-exclusionary structure season, the NPPO of Morocco must set or the packinghouse; and maintain Mediterranean fruit fly (7) The tomatoes must be packed (Medfly) traps baited with trimedlure, within 24 hours of harvest and must be or other approved protein bait, inside pink at the time of packing. They must the pest-exclusionary structures at a be safeguarded by an insect-proof mesh rate of 8 traps per hectare, with a min- screen or plastic tarpaulin while in imum of 4 traps per pest-exclusionary transit to the packinghouse and while structure. Traps must also be placed awaiting packing. They must be outside registered pest-exclusionary packed in insect-proof cartons or con- structures within a 2-kilometer radius tainers, or covered by insect-proof at a rate of 4 traps per square kilo- mesh or plastic tarpaulin for transit to meter. All traps must be checked every the airport or ship and export to the 7 days; United States. These safeguards must (4) The NPPO of Morocco must main- be intact upon arrival in the United tain records of trap placement, trap States. Sea containers must be kept closed if stored within 20 meters of maintenance, and any Medfly captures, Medfly host materials prior to loading; and make the records available to (8) During the time the packinghouse APHIS upon request. The NPPO of Mo- is in use for exporting fruit to the rocco must maintain an APHIS-ap- United States, the packinghouse may proved quality control program to only accept fruit from registered ap- monitor or audit the trapping program. proved production sites; and The trapping records must be main- (9) The national plant protection or- tained for 1 year for APHIS review; ganization (NPPO) of Morocco is re- (5) Capture of a single Medfly in a sponsible for export certification in- registered pest-exclusionary structure spection and issuance of phytosanitary during the 2 months prior to export and certificates. Each consignment of to- continuing through the duration of the matoes must be accompanied by a harvest, or detection of a Medfly in a phytosanitary certificate issued by the consignment that is traced back to a NPPO of Morocco and bearing the dec- registered pest-exclusionary structure, laration, ‘‘These tomatoes were grown will immediately result in cancellation in registered pest-exclusionary struc- of exports from that pest-exclusionary tures in Souss-Massa-Draa Region, Mo- structure until the source of the infes- rocco, and were pink at the time of tation is determined, the Medfly infes- packing.’’ tation has been eradicated, and meas- (h) Tomatoes (fruit) (Solanum ures are taken to preclude any future lycopersicum) from member States of the infestation. Exports will not be rein- Economic Community of West African stated until APHIS and the NPPO of States. Fresh tomatoes may be im- Morocco mutually determine that risk ported into the continental United mitigation has been achieved. Capture States from member States of the Eco- of a single Medfly within 200 meters of nomic Community of West African a registered pest-exclusionary struc- States (ECOWAS) only in accordance ture will necessitate increasing trap with this section and other applicable density in order to determine whether provisions of this subpart. The there is a reproducing population in ECOWAS consists of Benin, Burkina the area. Six additional traps must be Faso, Cape Verde, Gambia, Ghana, placed within a radius of 200 meters Guinea, Guinea Bissau, Ivory Coast, Li- surrounding the trap where the Medfly beria, Mali, Niger, Nigeria, Senegal, Si- was captured. Capture of two Medflies erra Leone, and Togo Republic. These within 200 meters of a registered pest- conditions are designed to prevent the exclusionary structure and within a 1- introduction of the following quar- month time period will necessitate antine pests: Bactrocera cucurbitae, B. Malathion bait sprays in the area every invadens, Ceratitis capitata, C. rosa, 7 to 10 days for 60 days to ensure eradi- Chrysodeixis chalcites, Helicoverpa cation; armigera, H. assulta, Leucinodes

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orbonalis, Maconellicoccus hirsutus, and and the NPPO of the exporting country Nipaecoccus viridis. have mutually determined that the (1) Production site requirements. (i) risk has been properly mitigated. Production sites in which the tomatoes (3) Harvesting requirements. The stem are produced must be registered with and calyx must be removed from the the national plant protection organiza- tomato. tion (NPPO) of the exporting country. (4) Packinghouse requirements. (i) Initial approval of production sites While in use for exporting tomatoes to must be completed jointly by the the United States, the packinghouses NPPO of the exporting country and may only accept fruit from registered APHIS. production sites. (ii) The NPPO of the exporting coun- try must visit and inspect the produc- (ii) No shade trees may be grown tion sites monthly, beginning 2 months within 10 meters of the entry door of before the harvest and continuing the packinghouses, and no other fruit through the end of the shipping season. fly host plants may be grown within 50 APHIS may monitor the production meters of the entry door of the pack- sites if necessary. inghouses. (iii) Production sites must be pest- (5) Post-harvest procedures. (i) The to- exclusionary structures (PES). The matoes must be safeguarded by an in- PES must have self-closing double sect-proof mesh screen or plastic tar- doors. All openings, including vents, to paulin while in transit to the packing- the outside of the PES must be covered house and while awaiting packing. by screening with mesh openings of not (ii) Tomatoes must be packed within more than 1.6 mm. 24 hours of harvest in insect-proof car- (iv) No shade trees may be grown tons or containers, or covered with in- within 10 meters of the entry door of sect-proof mesh or a plastic tarpaulin the PES, and no other fruit fly host for transport to the United States. plants may be grown within 50 meters These safeguards must remain intact of the entry door of the PES. until arrival in the United States or (2) Mitigation measures for fruit flies. the consignment will be denied entry (i) Beginning 2 months prior to the into the United States. start of the shipping season and con- tinuing through the end of the harvest, (iii) If transported by sea, the con- the NPPO of the exporting country tainers in which the tomatoes are must set and maintain fruit fly traps packed must be kept closed if stored with an APHIS-approved protein bait within 20 meters of a fruit fly host inside each PES at a rate of eight traps prior to being loaded on the vessel. per hectare, with a minimum of four (6) Commercial consignments. The to- traps in each PES, and check the traps matoes may be imported in commer- every 7 days. The NPPO of the export- cial consignments only. ing country must maintain records of (7) Phytosanitary certificate. Each con- trap placement, trap maintenance, and signment of tomatoes must be accom- captures of any fruit flies of concern. panied by a phytosanitary certificate The NPPO must maintain trapping issued by the NPPO of the exporting records for 1 year, and make the country, providing an additional dec- records available to APHIS upon re- laration ‘‘These tomatoes were grown quest. in registered production sites in [name (ii) Capture of a single fruit fly of of country] and the consignment has concern inside a PES will immediately been inspected and found free of quar- result in cancellation of exports to the antine pests.’’ United States from that PES. The de- tection of a fruit fly of concern in a (Approved by the Office of Management and consignment at the port of entry that Budget under control numbers 0579–0049, is traced back to a PES will also result 0579–0131, 0579–0316, 0579–0286, and 0579–0345, in immediate cancellation of exports to 0579–0381) the United States from that PES. In [24 FR 10788, Dec. 29, 1959, as amended at 74 both cases, exports from the PES in FR 56526, Nov. 2, 2009; 75 FR 28187, May 20, question may not resume until APHIS 2010; 77 FR 34783, June 12, 2012]

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