and Plant Health Inspection Service, USDA Pt. 319

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

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

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

213

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Pt. 319 7 CFR Ch. III (1–1–18 Edition)

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

214

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA Pt. 319

319.56–40 Peppers from certain Central 319.59–3 Articles prohibited importation American countries. pending risk evaluation. 319.56–41 Citrus from Peru. 319.59–4 Karnal bunt. 319.56–42 Peppers from the Republic of Korea. Subpart—Packing Materials 319.56–43 Baby corn and baby carrots from Zambia. QUARANTINE 319.56–44 Untreated , sweet or- 319.69 Notice of quarantine. anges, and from Mexico for 319.69a Administrative instructions and in- processing. terpretation relating to the entry into 319.56–45 Shelled garden peas from Kenya. Guam of plant materials specified in 319.56–46 Mangoes from India. § 319.69. 319.56–47 Certain fruits from Thailand. 319.56–48 Conditions governing the entry of RULES AND REGULATIONS baby squash and baby courgettes from Zambia. 319.69–1 Definitions. 319.56–49 Eggplant from Israel. 319.69–2 Freedom from pests. 319.56–50 Hass avocados from Peru. 319.69–3 Entry inspection. 319.56–51 Shepherd’s purse with roots from 319.69–4 Disposition of materials found in the Republic of Korea. violation. 319.56–52 Tomatoes with stems from the Re- 319.69–5 Types of soil authorized for pack- public of Korea. ing. 319.56–53 Fresh kiwi and baby kiwi from Chile. Subpart—Coffee 319.56–54 French beans and runner beans from Kenya. 319.73–1 Definitions. 319.56–55 Fresh pitaya from certain Central 319.73–2 Products prohibited importation. American countries. 319.73–3 Conditions for transit movement of 319.56–56 Fresh pomegranates from Chile. certain products through Puerto Rico or 319.56–57 Sand pears from China. Hawaii. 319.56–58 Bananas from the Philippines. 319.73–4 Costs. 319.56–59 Fresh citrus fruit from Uruguay. 319.56–60 Mangoes from Australia. Subpart—Cut Flowers 319.56–61 Litchi from Australia. 319.74–1 Definitions. 319.56–62 Fresh beans, shelled or in pods, 319.74–2 Conditions governing the entry of from Jordan. cut flowers. 319.56–63 Fresh apricots from continental 319.74–3 Importations by the Department. Spain. 319.74–4 Costs and charges. 319.56–64 Avocados from continental Spain. 319.56–65 Jackfruit, pineapple, and starfruit from Malaysia. Subpart—Khapra Beetle 319.56–66 Potatoes from Mexico. 319.75 Restrictions on importation of regu- 319.56–67 Cape gooseberry from Colombia. lated articles; disposal of articles refused 319.56–68 Female squash flowers from Israel. importation. 319.56–69 Fresh blueberries from Morocco. 319.75–1 Definitions. 319.56–70 Fresh litchi and longan from Viet- 319.75–2 Regulated articles. 1 nam. 319.75–3 Importations for experimental or 319.56–71 Mangoes from Jamaica. similar purposes. 319.56–72 Apples from China. 319.75–4 Treatments. 319.56–73 Peppers From Peru. 319.75–5 Marking and identity. 319.56–74 Peppers from Ecuador. 319.56–75 Andean blackberries and rasp- 319.75–6 Arrival notification. berries from Ecuador. 319.75–7 Costs and charges. 319.56–76 from northwest Argentina. 319.75–8 Ports of entry. 319.56–77 Pitahaya from Ecuador. 319.75–9 Inspection and phytosanitary cer- 319.56–78 Hass avocados from Colombia. tificate of inspection. 319.56–79 Persimmons with calyxes from Japan. Subpart—Gypsy Host Material from 319.56–80 Persimmons from New Zealand. Canada 319.56–81 Fresh mango from Vietnam. 319.77–1 Definitions. Subpart—Wheat Diseases 319.77–2 Regulated articles. 319.77–3 Gypsy moth infested areas in Can- 319.59 Prohibitions on importation; disposal ada. of articles refused importation. 319.77–4 Conditions for the importation of 319.59–1 Definitions. regulated articles. 319.59–2 General import prohibitions; excep- 319.77–5 Disposition of regulated articles de- tions. nied entry.

215

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.1 7 CFR Ch. III (1–1–18 Edition)

AUTHORITY: 7 U.S.C. 450 and 7701–7772 and in this part, the national plant protec- 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, tion organization of the country from 2.80, and 371.3. which the commodity would be ex- SOURCE: 24 FR 10788, Dec. 29, 1959, unless ported must provide APHIS with the otherwise noted. information listed in paragraph (d) of this section before APHIS can proceed Subpart—Preemption with its consideration of the request; requests that are not supported with SOURCE: 75 FR 17292, Apr. 6, 2010, unless this information in a timely manner otherwise noted. will be considered incomplete and APHIS may not take further action on § 319.1 Preemption of State and local laws. such requests until all required infor- mation is submitted. (a) Under section 436 of the Plant (c) Addresses. The national plant pro- Protection Act (7 U.S.C. 7756), a State tection organization of the country or political subdivision of a State may from which commodities would be ex- not regulate in foreign commerce any plant or plant product in order to con- ported must submit the information trol, eradicate, or prevent the intro- listed in paragraph (d) of this section duction or dissemination of a biologi- to: Commodity Import Analysis and cal control organism, plant pest, or Operations, PPQ, APHIS, 4700 River noxious weed within the United States. Road Unit 140, Riverdale, MD 20737. (b) Therefore, in accordance with sec- (d) Information. The following infor- tion 436 of the Plant Protection Act, mation must be provided to APHIS in the regulations in this part preempt all order for APHIS to consider a request State and local laws that are incon- to change the regulations in part 319: sistent with or exceed the regulations (1) Information about the party submit- in this part. ting the request. The address, telephone and fax numbers, and e-mail addresses Subpart—Requests To Amend The of the national plant protection organi- Regulations zation of the country from which com- modities would be exported; or, for re- § 319.5 Requirements for submitting quests that address a multi-country re- requests to change the regulations gion, the address, telephone and fax in 7 CFR part 319. numbers, and e-mail addresses of the (a) Definitions. exporting countries’ national and re- Commodity. A plant, plant product, or gional plant protection plant protec- other agricultural product being moved tion organizations. for trade or other purpose. (2) Information about the commodity (b) Procedures for submitting requests proposed for importation into the United and supporting information. Persons who States. (i) A description and/or map of request changes to the import regula- the specific location(s) of the areas in tions contained in this part and who the exporting country where the wish to import plants, plant parts, or plants, plant parts, or plant products plant products that are not allowed im- are produced; portation under the conditions of this part must file a request with the Ani- (ii) The scientific name (including mal and Plant Health Inspection Serv- genus, species, and author names), syn- ice (APHIS) in order for APHIS to con- onyms, and taxonomic classification of sider whether the new commodity can the commodity; be safely imported into the United (iii) Identification of the particular States. The initial request can be for- plant or plant part (i.e., fruit, leaf, mal (e.g., a letter) or informal (e.g., root, entire plant, etc.) and any associ- made during a bilateral discussion be- ated plant part proposed for importa- tween the United States and another tion into the United States; country), and can be made by any per- (iv) The proposed end use of the im- son. Upon APHIS confirmation that ported commodity (e.g., propagation, granting a person’s request would re- consumption, milling, decorative, proc- quire amendments to the regulations essing, etc.); and

216

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.5

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

217

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.6 7 CFR Ch. III (1–1–18 Edition)

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

218

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.6

from the Animal and Plant Health In- other prohibited plants, noxious weed spection Service (APHIS), Plant Pro- seeds, and living organisms such as tection and Quarantine (PPQ), Permit parasitic plants, pathogens, , Unit, 4700 River Road Unit 136, River- snails, and mites. dale, MD 20737–1236, or from local PPQ (3) Fungicides, insecticides, and other offices. Applications may be submitted treatments such as coatings, dips, or by mail, by fax, or electronically and sprayings must not be applied before must be submitted at least 60 days shipment, unless otherwise specified. prior to arrival of the article at the Plant materials may be refused entry if port of entry. Mailed applications must they are difficult or hazardous to in- be submitted to the address above, spect because of the presence of such faxed applications may be submitted to treatments. Plant materials must not 301–734–4300, and electronic applica- be wrapped or otherwise packaged in a tions may be submitted through the manner that impedes or prevents ade- ePermits Web site at https:// quate inspection or treatment. epermits.aphis.usda.gov/epermits. (4) The plant material must be moved (1) The completed application for a in an enclosed container or one com- CIP must provide the following infor- pletely enclosed by a covering ade- mation: quate to prevent the possible escape or (i) Name, address in the United introduction of plant pests during ship- States, and contact information of the ment. Any packing material used in applicant; the consignment of the plant material (ii) Identity (common and botanical must meet the requirements of § 319.37– [genus and species] names) of the plant 9, and wood packing material used in material to be imported, quantity of the consignment must meet the re- importation, country of origin, and quirements of § 319.40–3(b) and (c). country shipped from; (5) Consignments may be shipped as (iii) Intended experimental, thera- cargo, by mail or air freight, or hand- peutic, or developmental purpose for carried, as specified in the conditions the importation; and of the CIP. (iv) Intended ports of export and (6) The plant material must be of- entry, means of conveyance, and esti- fered for importation at the port of mated date of arrival. entry or plant inspection station as (2) APHIS may issue a CIP if the Ad- specified in the conditions of the CIP. ministrator determines that the plant (7) A copy of the CIP must accom- pest risks associated with the plant pany each consignment, and all con- material and its intended experi- signments must be labeled in accord- mental, therapeutic, or developmental ance with instructions in the CIP. use can be effectively mitigated. The (8) Each consignment must be accom- CIP will contain the applicable condi- panied by an invoice or packing list in- tions for importation and subsequent dicating its contents. handling of the plant material if it is (e) Post-importation conditions. (1) At deemed eligible to be imported into the the approved facility where the plant United States, including the specifica- material will be maintained following tions for the facility where the plant its importation, plant material im- will be held. The plant material may be ported under a CIP must be identified imported only if all applicable require- and labeled as quarantined material to ments are met. be used only in accordance with a valid (d) Shipping conditions. Consignments CIP. of plant material to be offered for im- (2) Plant material must be stored in portation under a CIP must meet the a secure place or in the manner indi- following requirements, unless other- cated in the CIP and be under the su- wise specified under the conditions of pervision and control of the permit the CIP: holder. During regular business hours, (1) The plant material must be se- properly identified officials, either lected from apparently disease-free and Federal or State, must be allowed to pest-free sources. inspect the plant material and the fa- (2) The plant material must be free of cilities in which the plant material is soil, other foreign matter or debris, maintained.

219

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.7 7 CFR Ch. III (1–1–18 Edition)

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

220

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.7

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

221

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.7–1 7 CFR Ch. III (1–1–18 Edition)

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

222

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.7–2

§ 319.7–2 Issuance of permits and la- formed of a change in contact informa- bels. tion for the permittee within 10 busi- (a) Upon receipt of an application, ness days of such change; APHIS will issue a permit if, after re- (4) Ensure compliance with the appli- view of the application, APHIS deter- cable regulatory requirements and per- mines that the regulated articles are mit conditions associated with the eligible to be imported into the United movement of the regulated article for States under any applicable conditions. the duration of the permit; The permit will specify the applicable (5) Provide written or electronic ac- conditions of entry and the port of knowledgment and acceptance of per- entry, and a copy will be provided to mit conditions when APHIS requests the permittee. The permit will only be such acknowledgment; valid for the time period indicated on (6) Serve as the primary contact for the permit. communication with APHIS regarding (b) The applicant for a permit for the the permit; and importation of regulated articles into (7) Maintain all conditions of the per- the United States must designate the mit for the entirety of its prescribed person who will be named as the per- duration. mittee upon the permit’s issuance. The (g) The regulated article may be im- applicant and the permittee may be the ported only if all applicable require- same person or different persons. ments of the permit issued for the im- (c) The act, omission, or failure of portation of the regulated article or the permittee as an officer, agent, or any other documents or instructions issued by APHIS are met and complied person acting for or employed by any with as determined by APHIS. other person within the scope of his or (h) In accordance with the regula- her employment or office will be tions in this part, labels may be issued deemed also to be the act, omission, or to the permittee for the importation of failure of the other person. regulated articles. Such labels may (d) Failure to comply with all of the contain information about the ship- conditions specified in the permit or ment’s nature, origin, movement con- any applicable regulations or adminis- ditions, or other matters relevant to trative instructions, or forging, coun- the permit and will indicate that the terfeiting, or defacing permits or ship- importation is authorized under the ping labels, may result in immediate conditions specified in the permit. revocation of the permit, denial of any (1) If issued, the quantity of labels future permits, and civil or criminal will be sufficient for the permittee to penalties for the permittee. attach one to each parcel. Labels must (e) The permittee will remain respon- be affixed to the outer packaging of the sible for the consignment regardless of parcel. any delegation to a subsequent custo- (2) Importations without such re- dian of the importation. quired labels will be refused entry into (f) A permittee must: the United States, unless a label is not (1) If an individual, be at least 18 required and not issued for the impor- years of age and have and maintain an tation. address in the United States that is (i) Even if a permit has been issued specified on the permit and be phys- for the importation of a regulated arti- ically present during normal business cle, the regulated article may be im- hours at that address during any peri- ported only if an inspector at the port ods when articles are being imported or of entry determines that no remedial moved interstate under the permit; or measures pursuant to the Plant Pro- (2) If another legal entity, maintain tection Act are necessary to mitigate an address or business office in the or address any plant pest or noxious United States with a designated indi- weed risks. 1 vidual for service of process; and (3) Serve as the contact for the pur- 1 An inspector may hold, seize, quarantine, pose of communications associated treat, apply other remedial measures to, de- with the movement of the regulated ar- stroy, or otherwise dispose of plants, plant ticle for the duration of the permit. pests, and other articles in accordance with The PPQ Permit Unit must be in- Continued

223

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.7–3 7 CFR Ch. III (1–1–18 Edition)

(j) A permit application may be with- (iv) APHIS determines that the appli- drawn at the request of the applicant cant has previously failed to comply prior to the issuance of the permit. with any Federal, State, or local law, (k) A permit may be canceled after regulation, or instruction concerning issuance at the request of the per- the importation of prohibited or re- mittee. stricted foreign agricultural products; (l) A permit may be amended if (v) APHIS determines that the appli- APHIS finds that the permit is incom- cant has failed to comply with the laws plete or contains factual errors. or regulations of a national plant pro- (m) In accordance with Section 7734 tection organization or equivalent of the Plant Protection Act, as amend- body, as these pertain to plant health; ed (7 U.S.C. 7701 et seq.), the actions, (vi) APHIS determines that the appli- omissions, or failures of any agent of cant has made false or fraudulent the permittee may be deemed the ac- statements or provided false or fraudu- tions, omissions, or failures of a per- lent records to APHIS; or mittee as well; and that failure to com- (vii) The applicant has been con- ply with all of the conditions specified victed or has pled nolo contendere to in the permit or any applicable regula- any crime involving fraud, bribery, ex- tions or administrative instructions, or tortion, or any other crime involving a forging, counterfeiting, or defacing lack of integrity. permits or shipping labels, may result (2) If the application for a permit in immediate revocation of the permit, contains information that is found to denial of any future permits, and civil be materially false, fraudulent, decep- or criminal penalties for the permittee. tive, or misrepresentative; (3) If APHIS concludes that the ac- § 319.7–3 Denial of permits. tions proposed under the permit would (a) APHIS may deny an application present an unacceptable risk to plants for a permit to import a regulated arti- and plant products because of the po- cle into the United States. A denial, in- tential for introduction or dissemina- cluding the reason for the denial, will tion of a plant pest or noxious weed be provided in writing, including by within the United States; electronic methods, to the applicant as (4) If the importation is adverse to promptly as circumstances permit. The the conduct of an eradication, suppres- denial of a permit may be appealed in sion, control, or phytosanitary pro- accordance with § 319.7–5. gram of APHIS or a program recog- (b) APHIS may deny an application nized by APHIS; for a permit to import a regulated arti- (5) If the importation is not in com- cle: pliance with any applicable import reg- (1) If APHIS determines that the ap- ulations or any administrative instruc- plicant is not likely to abide by permit tions or measures, including, but not conditions. Factors that may lead to limited to, all the requirements of this such a determination include, but are part; or not limited to, the following: (6) If a State executive official, or a (i) The applicant, or a partnership, State plant protection official author- firm, corporation, or other legal entity ized to do so, objects to the movement in which the applicant has a substan- in writing and provides specific, de- tial interest, financial or otherwise, tailed information that there is a risk has not complied with any permit that the movement will result in the dis- was previously issued by APHIS; semination of a plant pest or noxious (ii) APHIS determines that issuing weed into the State, and APHIS deter- the permit would circumvent any order mines that such plant pest risk cannot revoking or denying a permit under the be adequately addressed or mitigated. Plant Protection Act; (iii) APHIS determines that the ap- § 319.7–4 Withdrawal, cancellation, and plicant has previously failed to comply revocation of permits. with any APHIS regulation; (a) Withdrawal of an application. If the applicant wishes to withdraw a permit sections 414, 421, and 434 of the Plant Protec- application before issuance of a permit, tion Act (7 U.S.C. 7714, 7731, and 7754). he or she must provide the request in

224

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8

writing to APHIS. APHIS will provide § 319.7–5 Appeal of denial or revoca- written notification to the applicant as tion. promptly as circumstances allow re- (a) All denials of an application for a garding reception of the request and permit, or revocations of an existing withdrawal of the application. permit, will be provided in writing, in- (b) Cancellation of permit by permittee. cluding by electronic methods, as If a permittee wishes to cancel a per- promptly as circumstances permit and mit after its issuance, he or she must will include the reasons for the denial provide the request in writing to or revocation. APHIS. APHIS will provide written no- (b) Any person whose application for tification to the applicant as promptly a permit has been denied or whose per- as circumstances allow regarding re- mit has been revoked may appeal the ception of the request and cancellation decision in writing to APHIS within 10 of the permit. business days from the date the com- (c) Revocation of permit by APHIS. munication of notification of the de- APHIS may revoke any outstanding nial or revocation of the permit was re- permit to import regulated articles ceived. The appeal must state all facts into the United States. A revocation, and reasons upon which the person is including the reason for the revoca- relying to show that the denial or rev- tion, will be provided in writing, in- ocation was incorrect. cluding by electronic methods, to the (c) APHIS will grant or deny the ap- permittee as promptly as cir- peal in writing and will state in writ- cumstances permit. The revocation of a ing the reason for the decision. The de- permit may be appealed in accordance nial or revocation will remain in effect with § 319.7–5. during the resolution of the appeal. (d) APHIS may revoke a permit to import a regulated article if: Subpart—Foreign Cotton and (1) Information is received subse- quent to the issuance of the permit of Covers circumstances that APHIS determines QUARANTINE would constitute cause for the denial of an application under § 319.7–3; or § 319.8 Notice of quarantine. (2) APHIS determines that the per- Pursuant to sections 411–414 and 434 mittee has failed to maintain the safe- of the Plant Protection Act (7 U.S.C. guards or otherwise observe the condi- 7711–7714 and 7754), the Administrator tions specified in the permit or in any of the Animal and Plant Health Inspec- applicable regulations or administra- tion Service has determined that the tive instructions, including, but not unrestricted importation into the limited to, all of the requirements of United States from all foreign coun- this part. tries and localities of any parts or (e) Upon revocation of a permit, the products of plants of the genus permittee must, without cost to the Gossypium, including seed cotton; cot- Federal Government and in the manner tonseed; cotton lint, linters, and other and method APHIS considers appro- forms of cotton fiber (not including priate, either: yarn, thread, and cloth); cottonseed (1) Surrender all regulated articles hulls, cake, meal, and other cottonseed covered by the revoked permit and any products, except oil; cotton waste, in- other affected plant material to an in- cluding gin waste and thread waste; spector; any other unmanufactured parts of cot- (2) Destroy, under the supervision of ton plants; second-hand burlap and an inspector, all regulated articles cov- other fabrics, shredded or otherwise, ered by the revoked permit and any that have been used or are of the kinds other affected plant material; or ordinarily used, for containing cotton, (3) Remove all regulated articles cov- grains (including grain products), field ered by the revoked permit and any seeds, agricultural roots, rhizomes, tu- other affected plant material from the bers, or other underground crops, may United States. result in the entry into the United [78 FR 19807, Apr. 10, 2014, as amended at 81 States of the pink bollworm FR 5888, Feb. 4, 2016] (Pectinophora gossypiella (Saund.)), the

225

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8a 7 CFR Ch. III (1–1–18 Edition)

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

226

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8–1

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

227

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8–2 7 CFR Ch. III (1–1–18 Edition)

between San Luis Mesa and the Colo- cautionary conditions will be main- rado River), and the Southern Terri- tained. Such signed agreement will be tory of Baja California, in Mexico. a necessary requisite to the release at [24 FR 10788, Dec. 29, 1959, as amended at 27 the port of entry of any imported lint, FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, linters, waste, or covers for forwarding 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, to and utilization at such mill or plant Apr. 27, 2001; 78 FR 25569, May 2, 2013; 79 FR in lieu of vacuum fumigation or other 19870, Apr. 10, 2014] treatment otherwise required by this subpart. Permits for the importation of CONDITIONS OF IMPORTATION AND ENTRY such materials will be issued in accord- OF COTTON AND COVERS ance with paragraph (a) of this section. § 319.8–2 Permit procedure. (d) Permits for importation of any (a) Except as otherwise provided for cotton or covers are conditioned upon in §§ 319.8–10 and 319.8–18, permits shall compliance with all of the conditions be obtained for importations into the specified in the permit and any appli- United States of all cotton and covers. cable regulations or administrative in- Permits will be issued only for cotton structions of this part. and covers authorized entry under (e) Pending development of adequate §§ 319.8–6 through 319.8–20. Persons de- treating facilities in Guam, any cotton siring to import cotton or covers under or covers that are subject to treatment §§ 319.8–6 through 319.8–20 shall, in ad- as a condition of entry therein must vance of departure of such material first be entered and treated in accord- from a foreign port, submit to the ance with the requirements of this sub- Plant Protection and Quarantine Pro- part at a U.S. port of arrival where grams an application for a permit in such treating facilities are available. accordance with §§ 319.7 through 319.7–5 . Applications to import cottonseed (Approved by the Office of Management and shall state the approximate quantity Budget under control number 0579–0049) and the proposed United States port of [24 FR 10788, Dec. 29, 1959, as amended at 48 entry. Applications to import lint, lint- FR 57466, Dec. 30, 1983; 78 FR 25570, May 2, ers, or waste shall state whether such 2013; 79 FR 19811, Apr. 10, 2014] materials are compressed. (b) Applications to import lint, lint- § 319.8–3 Refusal and cancellation of ers, or waste at a port 1 other than one permits. in the North, in California, or on the (a) Permits for entry from the West Mexican Border shall also specify Coast of Mexico, as authorized in whether the commodity is compressed § 319.8–12 of lint, linters, waste, cotton- to high density. seed, and cottonseed hulls may be re- (c) Upon receipt of an application to fused and existing permits cancelled by import lint, linters, waste, or covers, the Administrator if he or she has de- without treatment, for utilization termined that the pink bollworm is under agreement as defined in § 319.8– present in the West Coast of Mexico or 8(a)(2), an investigation will be made by an inspector to determine that the in Northwest Mexico, or that other receiving mill or plant is satisfactorily conditions exist therein that would in- located geographically, is equipped crease the hazard of pest introduction with all necessary safeguards, and is into the United States. apparently in a position to fulfill all (b) Permits for entry from Northwest precautionary conditions to which it Mexico as authorized in § 319.8–13 of may agree. Upon determination by the lint, linters, waste, cottonseed, cotton- inspector that these qualifications are seed hulls, and covers that have been fulfilled, the owner or operator of the used for cotton, may be refused and ex- mill or plant may sign an agreement isting permits cancelled by the Admin- specifying that the required pre- istrator if he or she has determined that the pink bollworm is present in 1 Including ports in Guam, Hawaii, Puerto Northwest Mexico or in the West Coast Rico, and the Virgin Islands of the United of Mexico, or that other conditions States. exist therein that would increase the

228

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8–8

hazard of pest introduction into the tor from administratively authorized United States. procedures known to be effective under the conditions under which the safe- [27 FR 5389, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971; 70 FR 33324, June 7, 2005; guards are applied. 78 FR 25570, May 2, 2013] [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005] § 319.8–4 Notice of arrival. Immediately upon arrival at a port of § 319.8–7 Processed lint, linters, and entry of any shipment of cotton or cov- waste. ers, the importer shall submit to an in- Entry of lint, linters, and waste will spector or, in the case of Guam, be authorized without treatment but through the Customs officer of the upon compliance with other applicable Government of Guam, notice of such requirements of this subpart when the arrival using a form provided for that inspector can determine that such lint, purpose (Form PPQ–368). Forms will be linters, and waste have been so proc- submitted using a U.S. Government essed by bleaching, dyeing, or other electronic information exchange sys- means, as to have removed all cotton- tem or other authorized method. seed or to have destroyed all insect (Approved by the Office of Management and life. Budget under control number 0579–0049) [81 FR 40150, June 21, 2016] § 319.8–8 Lint, linters, and waste. (a) Compressed to high density. (1)(i) § 319.8–5 Marking of containers. Entry of lint, linters, and waste, com- Every bale or other container of cot- pressed to high density, will be author- ton lint, linters, waste, or covers im- ized subject to vacuum fumigation by ported or offered for entry shall be approved methods at any port where plainly marked or tagged with a bale approved fumigation facilities are number or other mark to distinguish it available. from other bales or containers of simi- (ii) Importations of such lint, linters, lar material. Bales of lint, linters, and and waste, arriving at a northern port waste from approved areas of Mexico, where there are no approved fumiga- the West Coast of Mexico, or Northwest tion facilities may be entered for Mexico shall be tagged or otherwise transportation in bond to another marked to show the gin or mill of ori- northern port where such facilities are gin unless they are immediately ex- available, for the required vacuum fu- ported. migation. (Approved by the Office of Management and (iii) Such lint, linters, and waste Budget under control number 0579–0049) compressed to high density arriving at [27 FR 5389, June 7, 1962, as amended at 48 FR a port in the State of California where 57466, Dec. 30, 1983] there are no approved fumigation fa- cilities may be entered for immediate § 319.8–6 Cottonseed cake and cotton- transportation in bond via an all-water seed meal. route if available, otherwise by over- Entry of cottonseed cake and cotton- land transportation in van-type trucks seed meal will be authorized through or box cars after approved surface any port at which the services of an in- treatment, or under such other condi- spector are available, subject to exam- tions as may be deemed necessary and ination by an inspector for freedom are prescribed by the inspector to (a) from contamination. If found to be free any port where approved fumigation fa- of contamination, importations of such cilities are available, there to receive cottonseed cake and cottonseed meal the required vacuum fumigation before will be released from further plant release, or (b) to an approved mill or quarantine entry restrictions. If found plant for utilization. to be contaminated such importations (2) Entry of lint, linters, and waste will be refused entry or subjected as a compressed to high density, will be au- condition of entry to such safeguards thorized without vacuum fumigation at as the inspector may prescribe, accord- any northern port, subject to move- ing to a method selected by the inspec- ment to an approved mill or plant, the

229

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8–8 7 CFR Ch. III (1–1–18 Edition)

owner or operator of which has exe- may be administratively designated by cuted an agreement with the Plant the Administrator after due consider- Protection and Quarantine Programs ation of possible pest risk involved and to the effect that, in consideration of the proximity of growing cotton. the waiving, of vacuum fumigation as a (b) Uncompressed or compressed. (1)(i) condition of entry and the substitution Entry of uncompressed or compressed of approved utilization therefor: lint, linters, and waste will be author- (i) The lint, linters, and waste so en- ized, subject to vacuum fumigation by tered will be processed or manufac- approved methods, through any north- tured at the mill or plant and until so ern port, through any port in the State used will be retained thereat, unless of California, and through any port on written authority is granted by the the Mexican Border, where approved Plant Protection and Quarantine Pro- grams to move the material to another fumigation facilities are available. mill or plant; (ii) Importations of such lint, linters, (ii) Sanitary measures satisfactory to and waste arriving at a northern port the Plant Protection and Quarantine where there are no approved fumiga- Programs will be taken with respect to tion facilities may be entered for im- the collection and disposal of any mediate transportation in bond to an- waste, residues, and covers, including other northern port where such facili- the collection and disposal of refuse ties are available, for the required vac- from railroad cars, trucks, or other uum fumigation. carriers used in transporting the mate- (iii) Compressed lint, linters, and rial to the mill or plant; waste arriving at a port in the State of (iii) Inspectors of the Plant Protec- California where there are no approved tion and Quarantine Programs will fumigation facilities may be entered have access to the mill or plant at any for immediate transportation in bond reasonable time to observe the meth- by an all-water route if available, oth- ods of handling the material, the dis- erwise by overland transportation in posal of refuse, residues, waste, and van-type trucks or box cars after ap- covers, and otherwise to check compli- proved surface treatment, or under ance with the terms of the agreement; such other conditions as may be (iv) Such reports of the receipt and deemed necessary and are prescribed by utilization of the material, and dis- the inspector, to any port in California posal of waste therefrom as may be re- quired by the inspector will be sub- or any northern port where approved mitted to him promptly; fumigation facilities are available, (v) Such other requirements as may there to receive the required vacuum be necessary in the opinion of the Ad- fumigation before release, or to any ministrator to assure retention of the northern port for movement to an ap- material, including all wastes and resi- proved mill or plant for utilization. dues, at the mill or plant and its proc- (iv) Uncompressed lint, linters, and essing, utilization or disposal in a man- waste arriving at a port in the State of ner that will eliminate all pest risk, California where there are no approved will be complied with. fumigation facilities may be entered (3) Failure to comply with any of the for immediate transportation in bond conditions of an agreement specified in by an all-water route to any port in paragraph (a)(2) of this section may be California or any northern port where cause for immediate cancellation of approved fumigation facilities are the agreement by the inspector and re- available, there to receive the required fusal to release, without vacuum fumi- vacuum fumigation before release, or gation, lint, linters, and waste for to a northern port for movement to an transportation to the mill or plant. approved mill or plant for utilization. (4) Agreements specified in paragraph (2) Entry without vacuum fumigation (a)(2) of this section may be executed will be authorized for compressed lint, only with owners or operators of mills or plants located in States in which linters, and waste, and for cotton is not grown commercially and uncompressed waste derived from cot- at locations in such other States as ton milled in countries that do not

230

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8–10

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

231

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8–11 7 CFR Ch. III (1–1–18 Edition)

wheat during the process of screening, plant pest risk associated with their and which arrive from a country named entry. in § 319.59–2(a)(2) of this part, if in- [24 FR 10788, Dec. 29, 1959, as amended at 27 tended for reuse in this country as FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, grain containers may be authorized 1971; 63 FR 31101, June 8, 1998] entry, subject to immediate treatment at the port of arrival. If such covers are SPECIAL CONDITIONS FOR THE ENTRY OF not intended to be reused in this coun- COTTON AND COVERS FROM MEXICO try as grain containers their entry may be authorized subject to movement for SOURCE: Sections 319.8–11 through 319.8–14 utilization to an approved mill or plant appear at 27 FR 5309, June 7, 1962, unless oth- the owner or operator of which has exe- erwise noted. cuted an appropriate agreement with the Plant Protection and Quarantine § 319.8–11 From approved areas of Programs similar to that described in Mexico. § 319.8–8(a)(2). Covers coming within (a) Entry of lint, linters, and waste this paragraph only, may be entered (including gin and oil mill wastes) without permit other than the author- which were derived from cotton grown ization provided in this paragraph and in, and which were produced and han- without other restriction under this dled only in approved areas of Mexico 3 subpart upon presentation to an in- may be authorized through Mexican spector of satisfactory evidence that Border ports in Texas named in the they have been used only for grains ex- permits ported from the United States and are (1) For movement into the generally being returned empty without use infested pink bollworm regulated area abroad and that while abroad they such products becoming subject imme- have been handled in a manner to pre- diately upon release by the inspector vent their contamination. to the requirements, in § 301.52 of this (e) When upon arrival at a port of chapter, applicable to like products entry any shipment of bags, slit bags, originating in the pink bollworm regu- parts of bags, or other covers, is found lated area, or to include one or more bales containing (2) For movement to an approved material the importation of which is mill or plant for utilization, or regulated by paragraph (a), (c), or (d) of (3) For movement to New Orleans for this section, the entire shipment, or immediate vacuum fumigation. any portion thereof, may be required (b) Entry of cottonseed or cottonseed by the inspector to be treated as speci- hulls in bulk, or in covers that are new fied in the applicable paragraph. or which have not been used previously (f) If upon their arrival at a port of to contain cotton or unmanufactured entry covers are classified by the in- cotton products, may be authorized spector as coming within more than through Mexican Border ports in Texas one paragraph of this section, they will named in the permits, for movement be authorized entry only upon compli- into the generally infested pink ance with such requirements of the ap- bollworm regulated area when certified plicable paragraphs as the inspector by an inspector as having been pro- may deem necessary to prevent the in- duced in an approved area and handled troduction of plant diseases and insect subsequently in a manner satisfactory pests. to the inspector. Upon arrival in the (g) Notwithstanding the provisions of generally infested pink bollworm regu- any other paragraph of this section the lated area such cottonseed or cotton- entry from any country of bags, slit seed hulls will be released from further bags, parts of bags, and other covers plant quarantine entry requirements will be authorized without treatment and shall become subject immediately but upon compliance with other appli- cable sections of this subpart if the in- 3 See § 319.8–1(p) for definition of ‘‘Approved spector finds that they have obviously areas of Mexico.’’ These are within that part not been used in a manner that would of Mexico not included in the ‘‘West Coast of contaminate them or when in the in- Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ spector’s opinion there is otherwise no (§ 319.8–1(r)).

232

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8–17

to the requirements in § 301.52 of this States with importations authorized chapter. under this section, entry of the fol- lowing products may be authorized [27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998; 78 FR 25570, May 2, 2013; 79 under permit subject to inspection FR 19810, Apr. 10, 2014] upon arrival to determine freedom from hazardous plant pest conditions: § 319.8–12 From the West Coast of Mex- (a) Lint, linters, and waste. ico. (b) Cottonseed. Contingent upon continued freedom (c) Cottonseed hulls. of the West Coast of Mexico and of (d) Covers that have been used for Northwest Mexico from infestations of cotton only. the pink bollworm, entry of the fol- lowing products may be authorized § 319.8–14 Mexican cotton and covers under permit subject to inspection to not otherwise enterable. determine freedom from hazardous Mexican cotton and covers not plant pest conditions: enterable under § 319.8–11, § 319.8–12, or (a) Compressed lint and linters. § 319.8–13 may be entered in accordance (b) Uncompressed lint and linters for with §§ 319.8–6 through 319.8–10 and movement into the generally infested §§ 319.8–16 through 319.8–20 insofar as pink bollworm regulated area, move- said sections are applicable. ment thereafter to be in accordance with § 301.52 of this chapter. MISCELLANEOUS PROVISIONS (c) Compressed or uncompressed cot- ton waste for movement under bond to § 319.8–16 Importation into United Fabens, Texas, for vacuum fumigation States of cotton and covers ex- after which it will be released from fur- ported therefrom. ther plant quarantine entry require- (a) Cotton and covers grown, pro- ments. duced, or handled in the United States (d) Cottonseed when certified by an and exported therefrom, and in the inspector as having been treated, original bales or other containers in stored, and transported in a manner which such material was exported satisfactory to the Administrator. therefrom, may be imported into the (e) Untreated, non-certified cotton- United States at any port under per- seed contained in new bags for move- mit, without vacuum fumigation or ment by special manifest to any des- other treatment or restriction as to tination in the generally infested pink utilization, upon compliance with bollworm regulated area, movement §§ 319.8–2, 319.8–4, and § 319.8–5, and upon thereafter to be in accordance with the submission of evidence satisfactory § 301.52 of this chapter. to the inspector that such material was (f) Cottonseed hulls when certified by grown, produced, or handled in the an inspector as having been treated, United States and does not constitute stored, and transported in a manner a risk of introducing the pink satisfactory to the Administrator. bollworm into the United States. (g) Any cotton products for move- (b) Cotton and covers of foreign ori- ment through Mexican border ports in gin imported into the United States in Texas directly into the generally in- accordance with this subpart and ex- fested pink bollworm regulated area, ported therefrom, when in the original movement thereafter to be in accord- bales or other original containers, may ance with § 301.52 of this chapter. be reimported into the United States [27 FR 5309, June 7, 1962, as amended at 36 FR under the conditions specified in para- 24917, Dec. 24, 1971; 78 FR 25570, May 2, 2013] graph (a) of this section.

§ 319.8–13 From Northwest Mexico. § 319.8–17 Importation for exportation, Contingent upon continued freedom and importation for transportation of Northwest Mexico and of the West and exportation; storage. Coast of Mexico from infestations of (a) Importation of cotton and covers the pink bollworm and other plant pest for exportation, or for transportation conditions that would increase risk of and exportation, in accordance with pest introduction into the United this subpart shall also be subject to

233

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8–18 7 CFR Ch. III (1–1–18 Edition)

§§ 352.1 through 352.8 of this chapter, as free of surface contamination, if they amended. are kept segregated from other cotton (b) Importation at northern ports of and covers in a manner satisfactory to unfumigated lint, linters, waste, cot- the inspector, and if waste is collected tonseed cake, cottonseed meal and cov- and disposed of in a manner satisfac- ers used only for cotton, for expor- tory to the inspector. Such lint, lint- tation or for transportation and expor- ers, waste, and covers shall remain tation through another northern port, under Customs custody until released may be authorized by the inspector by the inspector. under permit if, in his judgment, such (e) Importation of lint, linters, and procedures can be authorized without waste from Mexico for transportation risk of introducing the pink bollworm. and exportation will be authorized (c) Entry under permit of lint, lint- under permit if such material is com- ers, or waste compressed to high den- pressed before, or immediately upon sity will be authorized for purposes of entering into the United States, or is storage in the north pending expor- compressed while en route to the port tation, fumigation, or utilization in an of export at a compress specifically au- approved mill or plant provided the thorized in the permit. The ports of ex- owner or operator of such proposed port which may be named in the permit storage place has executed an agree- shall be limited to those that have ment with the Plant Protection and been administratively approved for Quarantine Programs similar to those such exportation. Storage of such com- required for mills or plants to utilize pressed cotton may be authorized, in lint, linters, and waste as specified in approved bonded warehouses in Texas. § 319.8–8(a)(2), and provided further that (f) Entry of uncompressed lint, lint- (1) Inspectors are available to super- ers, and waste from Mexico may be au- vise the storage, thorized at ports named in the permit (2) The bales of material to be stored for exportation at ports within the gen- are free from surface contamination, erally infested pink bollworm regu- (3) The material is kept segregated lated area or for transportation and ex- from other cotton and covers in a man- portation via rail to Canada under such ner satisfactory to the inspector, and conditions and over such routes as may (4) The waste is collected and dis- be specified in the permit. posed of in a manner satisfactory to the inspector. [24 FR 10788, Dec. 29, 1959, as amended at 27 (d) Except as provided in § 319.8– FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998; 78 FR 25570, 23(a)(4), compressed lint, linters, and May 2, 2013; 79 FR 19810, Apr. 10, 2014] waste, uncompressed waste derived from cotton milled in a non-cotton- § 319.8–18 Samples. 4 producing country, and covers, arriv- (a) Samples of lint, linters, waste, ing at a port in the north for entry for cottonseed cake, and cottonseed meal exportation, vacuum fumigation, or may be entered without further permit utilization in accordance with the re- other than the authorization contained quirements in this subpart, may be al- in this section, but subject to inspec- lowed movement in Customs custody tion and such treatment as the inspec- for storage at a point in the north tor may deem necessary. Samples pending such exportation, or move- which represent either such products of ment to an approved mill or plant for United States origin or such products vacuum fumigation or utilization, imported into the United States in ac- when there are inspectors available to cordance with the requirements of this supervise such storage, if the bales are subpart, and which were exported from the United States, may be entered into 4 For the purposes of this subpart the fol- the United States without inspection lowing countries are considered as non-cot- when the inspector is satisfied as to ton-producing countries: Austria, Belgium, the identity of the samples. Canada, Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), (b) Samples of cottonseed or seed cot- Iceland, Liechtenstein, Luxembourg, Nether- ton may be entered subject to the con- lands, Norway, Portugal, Sweden and Swit- ditions and requirements provided in zerland. §§ 319.8–2, 319.8–4, and 319.8–19.

234

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.8–25

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

235

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.8–26 7 CFR Ch. III (1–1–18 Edition)

entry of an importation of a restricted § 319.15a Administrative instructions material. and interpretation relating to entry into Guam of bagasse and related § 319.8–26 Material refused entry. sugarcane products. Any material refused entry for non- Bagasse and related sugarcane prod- compliance with the requirements of ucts have been so processed that, in the this subpart shall be promptly removed judgment of the Department, their im- from the United States or abandoned portation into Guam will involve no by the importer for destruction, and pest risk, and they may be imported pending such action shall be subject to into Guam without further permit, the immediate application of such safe- other than the authorization contained guards against escape of plant pests as in this paragraph. Such importations the inspector may prescribe. If such may be made without the submission material is not promptly safeguarded of a notice of arrival inasmuch as there is available to the inspector the essen- by the importer, removed from the tial information normally supplied by United States, or abandoned for de- the importer at the time of importa- struction to the satisfaction of the in- tion. Inspection of such importations spector it may be seized, destroyed, or may be made under the general author- otherwise disposed of in accordance ity of § 330.105(a) of this chapter. If an with sections 414 and 421 of the Plant importation is found infected, infested, Protection Act (7 U.S.C. 7714 and 7731). or contaminated with any plant pest Neither the Department of Agriculture and is not subject to disposal under nor the inspector will be responsible this part, disposition may be made in for any costs accruing for demurrage, accordance with § 330.106 of this chap- shipping charges, cartage, labor, ter. chemicals, or other expenses incidental to the safeguarding or disposal of ma- Subpart— and Other terial refused entry by the inspector, Citrus Diseases nor will the Department of Agriculture or the inspector assume responsibility § 319.19 Notice of quarantine. for the value of material destroyed. (a) In order to prevent the introduc- [24 FR 10788, Dec. 29, 1959, as amended at 66 tion into the United States of the cit- FR 21055, Apr. 27, 2001] rus canker disease (Xanthomonas citri (Hasse) Dowson) and other citrus dis- Subpart—Sugarcane eases, the importation into the United States of plants or any plant part, ex- § 319.15 Notice of quarantine. cept fruit and seeds, of all genera, spe- (a) The importation into the United cies, and varieties of the subfamilies States of sugarcane and its related Aurantioideae, Rutoideae, and products, including cuttings, canes, Toddalioideae of the botanical family leaves and bagasse, from all foreign is prohibited, except as pro- vided in paragraphs (b), (c), and (d) of countries and localities is prohibited, this section. except for importations for experi- mental, therapeutic, or developmental (b) Plants or plant parts of all gen- era, species, and varieties of the sub- purposes under the conditions specified families Aurantioideae, Rutoideae, and in a controlled import permit issued in Toddalioideae of the botanical family accordance with § 319.6. Rutaceae may be imported into the (b) As used in this subpart, unless the United States for experimental, thera- context otherwise requires, the term peutic, or developmental purposes ‘‘United States’’ means the States, the under the conditions specified in a con- District of Columbia, Guam, Puerto trolled import permit issued in accord- Rico, and the Virgin Islands of the ance with § 319.6. United States. (c) Plants or plant parts of all gen- [24 FR 10788, Dec. 29, 1959, as amended at 66 era, species, and varieties of the sub- FR 21055, Apr. 27, 2001; 78 FR 25570, May 2, families Aurantioideae, Rutoideae, and 2013] Toddalioideae of the botanical family

236

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.24–1

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

237

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.24–2 7 CFR Ch. III (1–1–18 Edition)

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

238

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.28

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

239

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37 7 CFR Ch. III (1–1–18 Edition)

of this section, Provided, that each of (i) All salary, travel, and subsistence the following safeguards is fully car- expenses incident to the assignment of ried out: personnel of the U.S. Department of (1) Before packing, the fruit shall be Agriculture to such operations in the given a surface sterilization in accord- country of origin of the Unshu oranges ance with part 305 of this chapter. shall be paid by those requesting the (2) The packinghouse in which the service of such personnel. surface sterilization treatment is ap- (j) The term United States means the plied and the fruit is packed must be States, District of Columbia, American registered with the national plant pro- Samoa, Guam, the Northern Mariana tection organization of the Republic of Islands, Puerto Rico, and the Virgin Is- Korea. lands of the United States. (3) The fruit must be accompanied by a phytosanitary certificate issued by (Approved by the Office of Management and the national plant protection organiza- Budget under control numbers 0579–0173, tion of the Republic of Korea, which in- 0579–0314, 0579–0418, and 0579–0424) cludes an additional declaration stat- [32 FR 7959, June 2, 1967] ing that the fruit was given a surface EDITORIAL NOTE: For FEDERAL REGISTER ci- sterilization in accordance with 7 CFR tations affecting § 319.28, see the List of CFR part 305 and was inspected and found Sections Affected, which appears in the free of Elsinoe australis. Finding Aids section of the printed volume (4) The fruit may be imported into and at www.fdsys.gov. any area of the United States except American Samoa, Hawaii, the Northern Subpart—Plants for Planting 12 Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. (5) The fruit must be imported in SOURCE: 45 FR 31585, May 13, 1980; 60 FR 27674, May 25, 1995, unless otherwise noted. commercial consignments only. (d) The prohibition does not apply to § 319.37 Prohibitions and restrictions sweet oranges (Citrus sinensis (L.) on importation; disposal of articles Osbeck), lemons (C. limon (L.) Burm. refused importation. f.), mandarins (C. reticulata Blanco, C. clementina Hort. ex Tanaka, C. deliciosa (a) No person shall import or offer for Ten., and C. unshiu Marcow), Citrus hy- entry into the United States any pro- brids, Fortunella japonica (Thunb.) hibited article or any article whose im- Swingle, and F. margarita (Lour.) Swin- portation is not authorized pending gle, from Uruguay that meet the re- pest risk analysis in accordance with quirements of 7 CFR 319.56–59. § 319.37–2a, except as otherwise provided (e) The prohibition does not apply to in § 319.37–2(c) of this subpart. No per- lemons (Citrus limon (L.) Burm. f.) from son shall import or offer for entry into northwest Argentina that meet the re- quirements of § 319.56–76. 1 The Plant Protection and Quarantine (f) This prohibition shall not apply to Programs also enforces regulations promul- importations for experimental, thera- gated under the Endangered Species Act of peutic, or developmental purposes 1973 (Pub. L. 93–205, as amended) which con- under the conditions specified in a con- tain additional prohibitions and restrictions trolled import permit issued in accord- on importation into the United States of ar- ticles subject to this subpart (See 50 CFR ance with § 319.6. parts 17 and 23). (g) Further, this prohibition shall not 2 One or more common names of articles apply to importations into Guam of the are given in parentheses after most scientific fruits and peel designated in paragraph names (when common names are known) for (a)(1) of this section. the purpose of helping to identify the arti- (h) Importations allowed under para- cles represented by such scientific names; graphs (b) through (f) of this section however, unless otherwise specified, a ref- erence to a scientific name includes all arti- shall be subject to the permit and cles within the category represented by the other requirements under the regula- scientific name regardless of whether the tions in Subpart—Fruits and Vegeta- common name or names are as comprehen- bles of this part. sive in scope as the scientific name.

240

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–1

the United States any restricted arti- derground fleshy growths, a unit of cle except in accordance with this sub- which produces an individual plant. part. Clean well water. Well water that does (b) The importer of any article denied not contain quarantine pests. entry for noncompliance with this sub- Compliance agreement. A written part must, at the importer’s expense agreement between APHIS and a per- and within the time specified in an son (individual or corporate) engaged emergency action notification (PPQ in the production, processing, han- Form 523), destroy, ship to a point out- dling, or moving of restricted articles side the United States, or apply treat- imported pursuant to this subpart, in ments or other safeguards to the arti- which the person agrees to comply cle, as prescribed by an inspector to with the subpart and the terms and prevent the introduction into the conditions specified within the agree- United States of quarantine pests. In ment itself. choosing which action to order and in Controlled import permit. A written or setting the time limit for the action, electronically transmitted authoriza- the inspector shall consider the degree tion issued by APHIS for the importa- of pest risk presented by the quar- tion into the United States of other- antine pest associated with the article, wise prohibited or restricted plant ma- whether the article is a host of the terial for experimental, therapeutic, or pest, the types of other host materials developmental purposes, under con- for the pest in or near the port, the cli- trolled conditions as prescribed by the mate and season at the port in relation Administrator in accordance with to the pest’s survival range, the avail- § 319.6. ability of treatment facilities for the Disease. The term in addition to its article, and any other factors per- common meaning, includes a disease taining to the risk that the article may agent which incites a disease. present to plants, plant parts, or plant Earth. The softer matter composing products within the United States that part of the surface of the globe, in dis- he or she considers necessary. tinction from the firm rock, and in- (c) No person shall remove any re- cluding the soil and subsoil, as well as stricted article from the port of first finely divided rock and other soil for- arrival unless and until a written no- mation materials down to the rock tice is given to the collector of customs layer. by the inspector that the restricted ar- Europe. The continent of Europe, the ticle has satisfied all requirements British Isles, Iceland, the Azores, and under this subpart. the islands in the Mediterranean Sea. [57 FR 43144, Sept. 18, 1992, as amended at 76 From. An article is considered to be FR 31208, May 27, 2011; 79 FR 74588, Dec. 16, ‘‘from’’ any country or locality in 2014] which it was grown. Provided, That an article imported into Canada from an- § 319.37–1 Definitions. other country or locality shall be con- Terms used in the singular form in sidered as being solely from Canada if this subpart shall be construed as the it meets the following conditions: plural, and vice versa, as the case may (1) It is imported into the United demand. The following terms, when States directly from Canada after hav- used in this subpart, shall be con- ing been grown for at least 1 year in strued, respectively, to mean: Canada, Administrator. The Administrator of (2) It has never been grown in a coun- the Animal and Plant Health Inspec- try from which it would be a prohibited tion Service, United States Depart- article or an article whose importation ment of Agriculture, or any employee into the United States is not author- of the United States Department of Ag- ized pending pest risk analysis or riculture delegated to act in his or her grown in a country other than Canada stead. from which it would be subject to con- Bulb. The portion of a plant com- ditions of § 319.37–5 (b)(2), (b)(3), (b)(4), monly known as a bulb, bulbil, bulblet, (c), (d), (e), (f), (g), (h), (i), (k), (l), or corm, cormel, rhizome, tuber, or pip, (m) of this subpart, or subject to condi- and including fleshy roots or other un- tions of § 319.37–6 of this subpart,

241

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–1 7 CFR Ch. III (1–1–18 Edition)

(3) It was not grown in a country or injure or cause damage to crops (in- locality from which it would be subject cluding plants for planting or plant to conditions of § 319.37–7 of this sub- products), livestock, poultry, or other part unless it was grown in Canada interests of agriculture, irrigation, under postentry growing conditions navigation, the natural resources of equivalent to those specified in § 319.37– the United States, the public health, or 7 3 of this subpart, and the environment. (4) It was not imported into Canada Oceania. The islands of Micronesia, in growing media. Melanesia, and Polynesia (except Ha- Indexing. A procedure for using plant waii, Guam, and the Northern Mariana material or its extracts to determine Islands) in the central and southern the presence or absence of one or more Pacific Ocean. pests in or on the tested plant mate- Official control. The active enforce- rial. For the purposes of this subpart, ment of mandatory phytosanitary reg- indexing is performed in foreign coun- ulations and the application of manda- tries to test the parent stock of des- tory phytosanitary procedures with the ignated articles that must meet special objective of eradication or contain- foreign inspection and certification re- ment of quarantine pests. quirements in accordance with § 319.37– Person. Any individual, partnership, 5 to be eligible for importation into the corporation, association, joint venture, United States. The results of indexing or other legal entity. tests are used by the plant protection Phytosanitary certificate of inspection. services of foreign countries to issue A document, including electronic phytosanitary certificates declaring versions, that is related to a restricted plant articles free of specified diseases. article and is issued not more than 15 The following indexing procedures are days prior to shipment of the restricted authorized for use with the specified article from the country in which it plant genera, if the procedures are per- was grown and that: formed using protocols acceptable to (1) Is patterned after the model cer- the plant protection service that issues tificate of the International Plant Pro- phytosanitary certificates based on tection Convention, a multilateral con- them: mechanical transmission of the vention on plant protection under the pest to an indicator plant for Dianthus, authority of the Food and Agriculture Malus, Prunus, Rubus, and Syringa; Organization of the United States graft transmission of the pest to an in- (FAO); dicator plant for Chaenomeles, Cydonia, (2) Is issued by an official of a foreign Malus, Prunus, Pyrus, Rubus, and Sy- national plant protection organization ringa; serology for Dianthus, Malus, in one of the five official languages of Prunus, Pyrus, Rubus, and Syringa; elec- the FAO; tron microscopy for Dianthus and (3) Is addressed to the national plant Prunus, and nucleic acid probes for protection organization of the United Chaenomeles, Cydonia, Malus, and States (Animal and Plant Health In- Pyrus. spection Service); Inspector. Any individual authorized (4) Describes the shipment; by the Administrator of APHIS or the (5) Certifies the place of origin for all Commissioner of Customs and Border contents of the shipment; Protection, Department of Homeland (6) Certifies that the shipment has Security, to enforce the regulations in been inspected and/or tested according this part. to appropriate official procedures and Noxious weed. Any plant or plant is considered free from quarantine product that can directly or indirectly pests of the United States; (7) Contains any additional declara- 3 Currently only Chaenomoles spp. (flow- tions required by this subpart; and ering quince), Cydonia spp. (quince), Malus (8) Certifies that the shipment con- spp. (apple, crabapple); Prunus spp. (almond, forms with the phytosanitary require- apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and Pyrus spp. ments of the United States and is con- (pear) are required under the laws of Canada sidered eligible for importation pursu- to be grown in Canada under such equivalent ant to the laws and regulations of the conditions after importation. United States.

242

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–1

Plant. Any plant (including any plant Prohibited article. Any plant for plant- part) for or capable of propagation, in- ing designated in § 319.37–2 (a) or (b), ex- cluding a tree, a tissue culture, a cept wood articles regulated under plantlet culture, pollen, a shrub, a §§ 319.40–1 through 319.40–11, ‘‘Subpart— vine, a cutting, a graft, a scion, a bud, Logs, Lumber, and Other Unmanufac- a bulb, a root, and a seed. tured Wood Articles.’’ Plant pest. Any living stage of any of Quarantine pest. A plant pest or nox- the following that can directly or indi- ious weed that is of potential economic rectly injure, cause damage to, or importance to the United States and cause disease in any plant or plant not yet present in the United States, or product: A protozoan, a nonhuman ani- present but not widely distributed and mal, a parasitic plant, a bacterium, a being officially controlled. fungus, a virus or viroid, an infectious Regulated plant. A vascular or non- agent or other pathogen, or any article vascular plant. Vascular plants include similar to or allied with any of these gymnosperms, angiosperms, ferns, and articles. fern allies. Gymnosperms include Plant Protection and Quarantine Pro- cycads, conifers, and gingko. grams. The organizational unit with the Angiosperms include any flowering Animal and Plant Health Inspection plant. Fern allies include club mosses, Service, U.S. Department of Agri- horsetails, whisk ferns, spike mosses, culture, delegated responsibility for and quillworts. Nonvascular plants in- enforcing provisions of the Plant Quar- clude mosses, liverworts, hornworts, antine Act and related legislation, and green algae. quarantines, and regulations. Restricted article. Any plant for plant- ing, excluding any prohibited articles Planting. Any operation for the plac- listed in § 319.37–2(a) or (b) of this sub- ing of plants in a growing medium, or part, any articles whose importation is by grafting or similar operations, to not authorized pending pest risk anal- ensure their subsequent growth, repro- ysis under § 319.37–2a of this subpart, duction, or propagation. and excluding any articles regulated in Plants for planting. Plants intended to §§ 319.8 through 319.28 or 319.41 through remain planted, to be planted or re- 319.74–4 of this part and any articles planted. regulated in part 360 of this chapter. Port of first arrival. The land area Secretary. The Secretary of Agri- (such as a seaport, airport, or land bor- culture, or any other officer or em- der station) where a person, or a land, ployee of the Department of Agri- water, or air vehicle, first arrives after culture to whom authority to act in entering the territory of the United his/her stead has been or may hereafter States, and where inspection of articles be delegated. is carried out by inspectors. Soil. The loose surface material of the Potable water. Water which is ap- earth in which plants, trees, and shrubs proved for drinking purposes by the na- grow, in most cases consisting of dis- tional or local health authority having integrated rock with an admixture of jurisdiction. organic material and soluble salts. Preclearance. Phytosanitary inspec- Solanum spp. true seed. Seed produced tion and/or clearance in the country in by flowers of Solanum capable of germi- which the articles were grown, per- nating and producing new Solanum formed by or under the regular super- plants, as distinguished from Solanum vision of APHIS. tubers, whole or cut, that are referred Production site. A defined portion of a to as Solanum seeds or seed potatoes. place of production utilized for the pro- Spp. (species). All species, clones, duction of a commodity that is man- cultivars, strains, varieties, and hy- aged separately for phytosanitary pur- brids, of a genus. poses. This may include the entire State. Any of the several States of the place of production or portions of it. United States, the Commonwealth of Examples of portions of places of pro- the Northern Mariana Islands, the duction are a defined orchard, grove, Commonwealth of Puerto Rico, the field, greenhouse, screenhouse, or District of Columbia, Guam, the Virgin premises. Islands of the United States, or any

243

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–2 7 CFR Ch. III (1–1–18 Edition)

other territory or possession of the EDITORIAL NOTE: For FEDERAL REGISTER ci- United States. tations affecting § 319.37–1, see the List of State Plant Regulatory Official. The of- CFR Sections Affected, which appears in the Finding Aids section of the printed volume ficial authorized by the State to sign and at www.fdsys.gov. agreements with Federal agencies in- volving operations of the State plant § 319.37–2 Prohibited articles. protection agency. (a) The following listed articles from Taxon (taxa). Any grouping within the designated countries and localities botanical nomenclature, such as fam- are prohibited articles and are prohib- ily, genus, species, or cultivar. ited from being imported or offered for United States. All of the States. entry into the United States except as provided in paragraph (c) of this sec- [45 FR 31585, May 13, 1980] tion.

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

Abelmoschus spp. (okra) ...... Africa ...... Cotton leaf curl agent. Brazil ...... Cotton Anthocyanosis agent. Bangladesh, India, Sri Lanka ...... Bhendi yellow vein mosaic agent. Cote d’Ivoire, Nigeria ...... Okra mosaic virus. Iraq ...... Okra yellow leaf curl agent. Papua New Guinea, Trinidad and Okra mosaic agents. Tobago. Abies spp. (fir) ...... All except Canada ...... 50 or more species of rusts including Chrysomyxa abietis (Wallr.) Ung. (a rust causing a serious needle disease); Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Douglas fir canker). Acacia spp. (acacia) ...... Australia and Oceania ...... Uromycladium tepperianum (Sacc.) McAlp. (Rust). Acer spp. (maple) (except Acer Japan ...... Xanthomonas acernea (Ogawa) Burk. palmatum and Acer japonicum Europe, Japan ...... Maple mosaic or variegation diseases. meeting the conditions for impor- tation in §§ 319.37–5 or 319.37–7. Actinidia spp. (Chinese gooseberry, Japan and Taiwan ...... Pucciniastrum actinidiae Hiratusuka (Rust). kiwi).. Adonidia spp ...... All ...... A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Aeglopsis spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Aesculus spp. (horsechestnut) ...... Czech Republic, Germany, Roma- Horsechestnut variegation or yellow mosaic dis- nia, Slovakia, United Kingdom. eases. Aiphanes spp. (coyure, ruffle, and All ...... A diversity of diseases including but not limited to: spine palm). lethal yellowing disease; cadang-cadang disease. Allagoptera arenaria ...... All ...... A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Althaea spp. (althaea, hollyhock) .... Africa ...... Cotton leaf curl agent. Bangladesh, India, Sri Lanka ...... Bhendi yellow vein mosaic agent. Arachis spp. (peanut) seed only (all India, Indonesia, Japan, People’s Peanut stripe virus. other Arachis articles are in- Republic of China, Philippines, cluded under Fabaceae). Taiwan, Thailand. Burkina Faso, Cote d’Ivoire, Sen- Peanut clump virus. Indian peanut clump virus. egal India. Areca spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Arenga spp. (sugarpalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Articles listed in § 319.37–2(b) ...... All except Canada ...... A diversity of diseases, insects, and other pests, in- cluding but not limited to: Cactoblastis cactorum (Berg); Metamasius spp.; Opogona sacchari (Bojer); Chrysomyxa himalensis Barclay (Spruce needle rust); Aecidium mori Barclay (Mulberry rust); Pseudomonas lignicola Westherd. & Buis. (Bacterial stain); Pucciniastrum areolatum (Fr.) Otth. (Cherry-spruce rust).

244

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–2

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

Atalantia spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Balsamocitrus spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. Bambuseae (seeds, plants, and All ...... Various plant diseases, Including bamboo smut cuttings). (Ustilago shiraiana) Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.) (plants of all species and horti- cultural varieties not designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter). Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.) destined to an eradication State listed in § 301.38–2a of this chap- ter (plants of all species and hor- ticultural varieties designated as resistant to black stem rust in ac- cordance with § 301.38–1 of this chapter). Berberis spp. (barberry, includes All ...... Puccinia graminis Pers. (Black stem rust). Mahoberberis and Mahonia spp.)seed. Bergera spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Blighia sapida (akee) ...... Cote d’Ivoire, Nigeria ...... Okra mosaic virus. Borassus spp. (palmyra palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Brugmansia spp...... Colombia ...... Datura Columbia virus. Calodendrum spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. Caryota spp. (fishtail palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Castanea spp. (chestnut) ...... All ...... Cryphonectria parasitica (Murrill) Barr (chestnut blight); Dryocosmus kuriphilus Yasumatsu (gall wasp). Cedrus spp. (cedar) ...... Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Fusarium fuliginosporum Sibilia (Seedling disease). Chaenomeles spp. (flowering All ...... A diversity of diseases including but not limited to quince) not meeting the condi- those listed for Chaenomeles in § 319.37–5(b). tions for importation in §§ 319.37–5(b). Chrysanthemum spp. (chrysan- All ...... Puccinia horiana P. Henn. (white rust of chrysan- themum, includes Dendranthema themum). spp.) not meeting the conditions for importation in §§ 319.37–5(c) and 319.37–7. spp. seed not meet- All ...... Candidatus Liberibacter spp. (Huanglongbing dis- ing the conditions for importation ease of citrus, Citrus greening). in § 319.37-5(w) or (x).. xCitroncirus spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Citrus spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening); citrus variegated § 319.37-5(w).. chlorosis. Clausena spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Cocos spp. (other than Cocos All...... A diversity of diseases including but not limited to: nucifera). Lethal yellowing disease; Cadang-cadang dis- ease.

245

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–2 7 CFR Ch. III (1–1–18 Edition)

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

Cocos nucifera (coconut) (including All except from Jamaica or Costa A diversity of diseases including but not limited to: seed) (Coconut seed without Rica if meeting the conditions for lethal yellowing disease; cadang-cadang disease. husk or without milk may be im- importation in § 319.37–5(g). ported into the United States in accordance with § 319.56–11). Corypha spp...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Crocosmia spp. (montebretia) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli- buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Crocosmia spp. (montebretia), ex- Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.) Wint. (rust). cept bulbs in commercial ship- Mauritius, Portugal. ments. Cydonia spp. (quince) not meeting All ...... A diversity of diseases including but not limited to the conditions for importation in those listed for Cydonia in § 319.37–5(b)(1). § 319.37–5(b). Datura spp...... India ...... Datura distortion or enation mosaic virus. Datura spp. (woody species) ...... (See Brugmansia spp.). Dendranthema spp. (chrysan- See Chrysanthemum spp...... See Chrysanthemum spp. themum). Dictyosperma spp. (Princesspalm) All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Dracaena spp. plants not meeting Costa Rica ...... Ancistrocercus circumdatus; Caldwelliola reservata; the conditions for import in Chaetanaphothrips signipennis (banana rust § 319.37–5(y). thrips); Coccus viridis (green scale); Diplosolenodes occidentalis (spotted leatherleaf slug); Erioloides consobrinus; Neoconocephalus affinis (rattler conehead katydid); Oncometopia clarior (blue sharpshooter); Ovachlamys fulgens; Palliferra costaricensis (Costa Rica mantle slug); Planococcus minor (passionvine mealybug); Pseudococcus landoi (lando mealybug); Sarasinula plebeia (Caribbean leatherleaf slug); Succinea costaricana; Xylosandrus morigerus (brown coffee twig beetle). Dypsis spp. (butterfly palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Elaeis spp. (oil palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Erianthus spp. (plumegrass) ...... All ...... Puccinia melanocephala H. Syd. & P. Syd. (Sugar- cane rust). Eucalyptus spp. (eucalyptus) ...... Europe, Sri Lanka, and Uruguay .... Pestalotia disseminata Thuem. (parasitic leaf fun- gus). Euonymus spp. (euonymus) ...... Europe, Japan ...... Euonymus mosaic diseases. Fabaceae ( = Leguminosae) (her- All except Canada ...... A diversity of diseases including but not limited to: baceous spp. only). African soybean dwarf agent, alfalfa enation virus, azuki bean mosaic virus, bean golden mosaic virus, cowpea mild mottle virus, French bean mo- saic virus, groundnut chlorotic leaf streak virus, groundnut chlorotic spotting virus, groundnut ro- sette agents, groundnut witches broom MLO, horsegram yellow mosaic virus, Indonesian soy- bean dwarf virus, lima bean mosaic virus, lucerne Australian symptomless virus, lucerne vein yellowing virus, mung bean yellow mosaic virus, peanut stripe virus, red clover mottle virus, and soybean dwarf virus. Fortunella spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Fragaria spp. (strawberry) not meet- All except Canada ...... Phytophthora fragariae Hickman (Red stele dis- ing the conditions for importation ease). in § 319.37–5(h). Fraxinus spp. (ash) ...... All except for any county or munic- Agrilus planipennis (emerald ash borer). ipal regional county in Canada not regulated because of the em- erald ash borer.

246

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–2

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

Europe ...... Pseudomonas savastanoi var. fraxini (Brown) Dowson (Canker and dwarfing disease of ash). Gaussia spp. (llumepalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Gladiolus spp. (gladiolus) ...... Africa ...... Puccinia mccleanii Doidge (rust), Uredo gladioli- buettneri Bub. (rust), Uromyces gladioli P. Henn. (rust), U. nyikensis Syd. (rust). Argentina, Uruguay ...... U. gladioli P. Henn. (rust). Gladiolus spp. (gladiolus), except Africa, Brazil, France, Italy, Malta, U. transversalis (Thuem.) Wint. (rust). bulbs in commercial shipments. Mauritius, Portugal. Gossypium spp. (cotton, cottontree) All ...... A diversity of diseases including but not limited to: cotton leaf curl virus; cotton virescence agent; small leaf virus. Hibiscus spp. (kenaf, hibiscus, rose Africa ...... Cotton leaf curl agent. mallow). Brazil ...... Cotton anthocyanosis agent. India ...... Hibiscus leaf curl agent. Howea spp. (sentry palm) not meet- All ...... A diversity of diseases including but not limited to: ing the conditions in § 319.37– Lethal yellowing disease; Cadang-cadang dis- 5(n). ease. Hydrangea spp. (hydrangea) ...... Japan ...... Aecidium hydrangeae-paniculatea Dietel. Hyophorbe spp. (palm) ...... All ...... A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease. Ipomoea spp. (sweetpotato) ...... All except Canada ...... A diversity of diseases including but not limited to: sweetpotato witches broom (little leaf); and sweetpotato viruses of eastern Africa. Jasminum spp. (jasmine) ...... Belgium, Germany, Great Britain .... Jasmine variegation diseases. India ...... Chlorotic ringspot, phyllody, yellow ring mosaic dis- eases. Philippines ...... Sampaguita yellow ringspot mosaic diseases. Juniperus spp. (juniper) ...... Austria, Finland, and Romania ...... Stigmina deflectans (Karst) Ellis (Needlecast dis- ease). Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Larix spp. (larch) ...... Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis (European Nova Scotia in Canada, Europe, larch canker). and Japan. Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Latania spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Leersia spp. (cutgrass) seed only All ...... Xanthomonas campestris pv. oryzae (Ishiyama) (all other Leersia articles are in- Dye. cluded under Poaceae). Lens spp. seed (lentil) ...... South America ...... Uromyces viciae-fabae (Pers.) Schroet. (Rust). Leptochloa spp. (sprangletop) seed All ...... Xanthomonas campestris pv. oryzae (Ishiyama) only (all other Leptochloa articles Dye. are included under Poaceae). Leucanthemella serotina not meet- All ...... Puccinia horiana P. Henn. (white rust of chrysan- ing the conditions for importation themum). in §§ 319.37–5(c) and 319.37–7. Ligustrum spp. (privet) ...... Europe ...... Ligustrum mosaic diseases. Limonia spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Livistona spp. (fan palm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Malus spp. (apple, crabapple) not All ...... A diversity of diseases including but not limited to meeting the conditions for impor- those listed for Malus in § 319.37–5(b)(1). tation in §§ 319.37–5(b) and 319.37–7.

247

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–2 7 CFR Ch. III (1–1–18 Edition)

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

Mangifera spp. (mango) seed only. All except Guimaras Island (Repub- Sternochetus mangiferae F. (mango seed weevil). (Prohibition not applicable to lic of the Philippines) and North seeds imported into Guam, Ha- and South America (excluding waii, and the Northern Mariana Barbados, the British Virgin Is- Islands). lands, Dominica, French Guiana, Grenada, Guadeloupe, Mar- tinique, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago). Manihot spp. (cassava) ...... All except Canada ...... A diversity of diseases, insects, and other pests in- cluding but not limited to: Mononychellus tanajoa (Bondar) (cassava mite); Phenococcus manihotis Matile-Ferrero (cassava mealybug); Xanthomonas manihotis (Arthand-Berthet) Starr (Bacterial blight); Cassava brown streak virus; Cassava la- tent virus; Cassava African mosaic virus; Cassava common mosaic virus. Mascarena spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Microcitrus spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Morus spp. (mulberry) ...... India, Japan, Korea, People’s Re- Mulberry dwarf or mulberry mosaic diseases. public of China, Thailand, and the geographic area formerly known as the Union of Soviet So- cialist Republics. Murraya spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Nannorrhops spp. (mazaripalm) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Nipponanthemum nipponicum not All ...... Puccinia horiana P. Henn. (white rust of chrysan- meeting the conditions for impor- themum). tation in §§ 319.37–5(c) and 319.37–7. Pelargonium spp. not meeting the All ...... Potato brown rot (Ralstonia solanacearum race 3 conditions for importation in biovar 2). § 319.37–5(r). Pelargonium spp. plants not meet- Canary Islands (Spain) ...... Helicoverpa armigera, chalcites, and ing the conditions for importation Syngrapha circumflexa (syn. Cornutiplusia in § 319.37–5(u). circumflexa). Persea spp. (avocado) seed ...... Central and South America, and Heilipus lauri Boh. (Avocado weevil); Stenoma Mexico. catenifer Wals. (Avocado seed moth); Conotrachelus spp. Philadelphus spp. (mock orange) ... Europe ...... Elm mottle virus. Phoenix spp. (date) ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Picea spp. (spruce) ...... Europe, Japan, and Siberia ...... Chrysomyxa ledi (Alb. & Schw.) d By var. rhododendri (DC) Savile. (Rhododendron-spruce needle rust). Europe...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Pinus spp. (pine) (2- or 3-leaved) ... Europe and Japan ...... Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard pines.) Japan...... Gall-forming rust. Plants (except bulbs, dormant her- Israel ...... Spodoptera littoralis and other quarantine pests. baceous perennials, and seeds) not meeting the conditions for im- portation in § 319.37–5(v).

248

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–2

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

Poaceae (vegetative parts of all All except Canada ...... A wide diversity of plant diseases, including but not grains and grasses, except spe- limited to: banana streak virus, barley yellow mo- cies of Bambuseae). saic virus, barley yellow striate mosaic virus, brome streak mosaic virus, cereal chlorotic mo- saic virus, cocksfoot mild mosaic virus, corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle virus, Echinochloa ragged stunt virus, European aster yellows MLO, European wheat striate mosaic virus, Iranian maize mosaic virus, maize bushy stunt MLO, maize chlorotic mottle virus, maize mosaic virus, maize mottle/ chlorotic stunt virus, maize rough dwarf virus, maize streak virus, maize stripe virus, northern cereal mosaic virus, oat red streak mosaic virus, oat sterile dwarf virus, rice dwarf virus, rice gall dwarf virus, rice tungro virus, rice wilted stunt virus, rice yellow mottle virus, rice yellow dwarf agent, yellow dwarf agent, sugarcane white leaf MLO, wheat yellow leaf virus, and wheat yellowing stripe bacterium. Poncirus spp. seed not meeting the All ...... Candidatus Liberibacter spp. (Huanglongbing dis- conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Populus spp. (aspen, cottonwood, Europe ...... Xanthomonas populi Ride (Canker). poplar). Pritchardia spp ...... All ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang-cadang dis- ease. Prunus spp. not meeting the condi- All ...... A diversity of diseases including but not limited to tions for importation in § 319.37– those listed for Prunus in § 319.37–5(b). 5(b). Prunus spp. not meeting the condi- All ...... A diversity of diseases including but not limited to tions for importation in § 319.37– those listed for Prunus in § 319.37–5(b). 5(b). Pseudolarix spp. (golden larch) ...... Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis (European Nova Scotia in Canada, Europe, larch canker). and Japan. Pseudotsuga spp. (Douglas fir) ...... Europe ...... Phacidiopycnis pseudotsuga (M. Wils.) Hahn (Doug- las fir canker). Pyrus spp. (pear) not meeting the All ...... A diversity of diseases including but not limited to conditions for importation in those listed for Pyrus in § 319.37–5(b)(1). § 319.37–5(b). Quercus spp. (oak) ...... Japan ...... Stereum hiugense Imazeki (White rot); a gall-form- ing rust. Ravenea spp. (palm) ...... All ...... A diversity of diseases including but not limited to: lethal yellowing disease; cadang-cadang disease. Ribes spp. (currant, gooseberry) .... Europe and New Zealand ...... Black currant reversion agent. Rosa spp. (rose) ...... Australia, Bulgaria, Italy, and New Rose wilt virus. Zealand. Rubus spp. not meeting the condi- Europe ...... Rubus stunt agent tions for importation in § 319.37– 5(f). Salix spp. (willow)...... Belgium, Germany, Great Britain, Brenneria salicis (Day) Hauben et al., syn. Erwinia Japan, and the Netherlands. salicis (Day) Chester (Watermark disease). Seeds of all kinds when in pulp ...... All except Canada ...... Fruit flies, or other injurious insects. Severinia spp. seed not meeting All ...... Candidatus Liberibacter spp. (Huanglongbing dis- the conditions for importation in ease of citrus, Citrus greening). § 319.37-5(w) or (x).. Solanum spp. (potato) (tuber bear- All except Canada (except New- Andean potato latent virus; Andean potato mottle ing species only—Section foundland and that portion of the virus; potato mop top virus; dulcamara mottle Tuberarium), including potato tu- Municipality of Central Saanich in virus; blackring virus; tobacco rattle virus; bers. the Province of British Columbia potato virus Y (tobacco veinal necrosis strain); east of the West Saanich Road).. potato purple top wilt agent; potato marginal fla- vescence agent; potato purple top roll agent; po- tato witches broom agent; stolbur agent; parastolbur agent; potato leaflet stunt agent; po- tato spindle tuber viroid; arracacha virus B; potato yellowing virus.

249

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–2 7 CFR Ch. III (1–1–18 Edition)

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

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

(b) The following listed articles from entry into the United States except as all foreign places except Canada are provided in paragraph (c) of this sec- prohibited articles and are prohibited tion: from being imported or offered for

250

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–2

(1) Rhododendron spp. (rhododendron total length (stem plus leaves) of 915 and azalea) or other genera or species millimeters (approximately 36 inches) of similar slow growth habit, other in length. than artificially dwarfed plants meet- (7) Any tree or shrub of a type not ing the conditions in § 319.37–5(q): listed above, other than an artificially (i) Exceeding 3 years of age if grown dwarf plant meeting the conditions in from seeds or cuttings; or § 319.37–5(q), and: (ii) Exceeding 2 years of age after (i) Exceeding 2 years of age if grown severance from the parent plant if pro- from seeds or cuttings; or duced by layers; or (ii) Exceeding 1 year of age after sev- (iii) Having more than 3 years’ erance from the parent plant if pro- growth from the bud or graft if pro- duced by layers; or duced by budding or grafting. (iii) Having more than 2 years’ (2) Any naturally dwarf or miniature growth from the bud or graft if pro- form of tree or shrub exceeding 305 mil- duced by budding or grafting. limeters (approximately 12 inches) in (c) Any article listed as a prohibited length from the soil line. article in paragraph (a) or (b) of this (3) Herbaceous perennials (except section, and any article listed in ac- epiphytes) imported in the form of root cordance with § 319.37–2a of this subpart crowns or clumps exceeding 102 milli- as an article whose importation is not meters (approximately 4 inches) in di- authorized pending pest risk analysis, ameter. may be imported or offered for entry (4) Stem cuttings without leaves, into the United States if: without roots, without sprouts, and (1) Imported for experimental, thera- without branches (other than cactus peutic, or developmental purposes cuttings and cuttings of epiphytes) ex- under the conditions specified in a con- ceeding 102 millimeters (approximately trolled import permit issued in accord- 4 inches) in diameter or exceeding 1.83 ance with § 319.6; meters (approximately 6 feet) in (2) Imported at the National Plant length; and stem cuttings of epiphytes Germplasm Inspection Station, Build- with or without aerial roots (without ing 580, Beltsville Agricultural Re- leaves, without sprouts, and without search Center East, Beltsville, MD branches) exceeding 102 millimeters 20705 or through any Federal plant in- (approximately 4 inches) in diameter or spection station listed in § 319.37–14; exceeding 1.83 meters (approximately 6 (3) Imported pursuant to a controlled feet) in length. import permit issued for such article (5) Cactus cuttings (without roots or and kept on file at the port of entry; branches) exceeding 153 millimeters (4) Imported under conditions speci- (approximately 6 inches) in diameter or fied on the controlled import permit exceeding 1.22 meters (approximately 4 and found by the Administrator to be feet) in length. adequate to prevent the introduction (6)(i) Plants (other than stem into the United States of plant pests, cuttings, cactus cuttings, artificially i.e., conditions of treatment, proc- dwarfed plants meeting the conditions essing, growing, shipment, disposal; in § 319.37–5(q), Dracaena spp. plants and from Costa Rica meeting the condi- (5) Imported with a controlled import tions of § 319.37–5(y), and palms and tag or label securely attached to the plants whose growth habits simulate outside of the container containing the palms) exceeding 460 millimeters (ap- article or securely attached to the arti- proximately 18 inches) in length from cle itself if not in a container, and with soil line (top of rooting zone for plants such tag or label bearing a controlled produced by air layering) to the far- import permit number corresponding thest terminal growing point and to the number of the controlled import whose growth habits simulate the permit issued for such article. woody habits of trees and shrubs, in- cluding but not limited to cacti, [45 FR 31585, May 13, 1980] cycads, yuccas, and dracaenas. EDITORIAL NOTE: For FEDERAL REGISTER ci- (ii) Palms and plants whose growth tations affecting § 319.37–2, see the List of habits simulate palms, that exceed a CFR Sections Affected, which appears in the

251

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–2a 7 CFR Ch. III (1–1–18 Edition)

Finding Aids section of the printed volume the taxon will be added to the list of and at www.fdsys.gov. taxa not authorized for importation pending pest risk analysis if: § 319.37–2a Taxa of regulated plants for planting whose importation is (A) No comments were received on not authorized pending pest risk the data sheet; analysis. (B) The comments on the data sheet (a) Determination by the Administrator. revealed that no changes to the data The importation of certain taxa of sheet were necessary; or plants for planting poses a risk of in- (C) Changes to the data sheet were troducing quarantine pests into the made in response to public comments, United States. Therefore, the importa- but the changes did not affect APHIS’ tion of these taxa is not authorized determination that the taxon poses a pending the completion of a pest risk risk of introducing a quarantine pest analysis, except as provided in § 319.37– into the United States. 2(c). Lists of these taxa may be found (ii) If comments present information on the Internet at http:// that leads us to determine that the www.aphis.usda.gov/importlexport/ taxon does not pose a risk of intro- plants/plantlimports/Q37lnappra.shtml. ducing a quarantine pest into the There are two lists of taxa whose im- United States, APHIS will not add the portation is not authorized pending taxon to the list of plants for planting pest risk analysis: A list of taxa of whose importation is not authorized plants for planting that are quarantine pending pest risk analysis. APHIS will pests, and a list of taxa of plants for issue a notice giving public notice of planting that are hosts of quarantine this determination after the close of pests. For taxa of plants for planting the comment period. that have been determined to be quar- (c) Criterion for listing a taxon of antine pests, the list includes the plants for planting as a quarantine pest. names of the taxa. For taxa of plants A taxon will be added to the list of for planting that are hosts of quar- taxa whose importation is not author- antine pests, the list includes the ized pending pest risk analysis if sci- names of the taxa, the foreign places entific evidence causes APHIS to deter- from which the taxa’s importation is mine that the taxon is a quarantine not authorized, and the quarantine pest. pests of concern. (b) Addition of taxa. A taxon of plants (d) Criteria for listing a taxon of plants for planting may be added to one of the for planting as a host of a quarantine lists of taxa not authorized for impor- pest. A taxon will be added to the list of tation pending pest risk analysis under taxa whose importation is not author- this section as follows: ized pending pest risk analysis if sci- (1) Data sheet. APHIS will publish in entific evidence causes APHIS to deter- the FEDERAL REGISTER a notice that mine that the taxon is a host of a quar- announces our determination that a antine pest. The following criteria taxon of plants for planting is either a must be fulfilled in order to make this quarantine pest or a host of a quar- determination: antine pest. This notice will make (1) The plant pest in question must available a data sheet that details the be determined to be a quarantine pest; scientific evidence APHIS evaluated in and making the determination that the (2) The taxon of plants for planting taxon is a quarantine pest or a host of must be determined to be a host of that a quarantine pest. The data sheet will quarantine pest. include references to the scientific evi- (e) Removing a taxon from the list of dence that APHIS used in making the taxa not authorized pending pest risk determination. In our notice, we will analysis. (1) Requests to remove a provide for a public comment period of taxon from the list of taxa not author- a minimum of 60 days on our addition ized pending pest risk analysis must be to the list. made in accordance with § 319.5 of this (2) Response to comments. (i) APHIS part. APHIS will conduct a pest risk will issue a notice after the close of the analysis in response to such a request. public comment period indicating that The pest risk analysis will examine the

252

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–3

risk associated with the importation of analysis when APHIS determines that that taxon. the evidence used to add the taxon to (2) If the pest risk analysis supports the list was erroneous (for example, in- a determination that importation of volving a taxonomic the taxon be prohibited or allowed sub- misidentification). ject to special restrictions, such as a [76 FR 31208, May 27, 2011] systems approach, treatment, or postentry quarantine, APHIS will pub- § 319.37–3 Permits. lish a proposed rule making the pest risk analysis available to the public (a) The restricted articles (other than and proposing to take the action rec- articles for food, analytical, medicinal, ommended by the pest risk analysis. or manufacturing purposes) in any of (3) If the pest risk analysis supports the following categories may be im- a determination that importation of ported or offered for importation into the taxon be allowed subject to the the United States only after issuance general restrictions of this subpart, of a written permit by the Plant Pro- APHIS will publish a notice announc- tection and Quarantine Programs in ing our intent to remove the taxon accordance with §§ 319.7 through 319.7–5: from the list of taxa whose importation (1) Lots of 13 or more articles (other is not authorized pending pest risk than seeds of herbaceous plants, analysis and making the pest risk anal- precleared bulbs of a taxon approved by ysis supporting the taxon’s removal APHIS for preclearance, or sterile cul- available for public review. tures of orchid plants) from any coun- (i) APHIS will issue a notice after the try or locality except Canada; close of the public comment period in- (2) Seeds of non-herbaceous plants, dicating that the importation of the such as trees and shrubs, from any taxon will be subject only to the gen- country or locality except Canada; eral restrictions of this subpart if: (3) Articles subject to the require- (A) No comments were received on ments of § 319.37–5; the pest risk analysis; (4) Articles subject to the postentry (B) The comments on the pest risk quarantine conditions of § 319.37–7; analysis revealed that no changes to (5) Small lots of seed imported in ac- the pest risk analysis were necessary; cordance with § 319.37–4(d) of this sub- or part; (C) Changes to the pest risk analysis (6) Articles subject to treatment and were made in response to public com- other requirements of § 319.37–6; ments, but the changes did not affect (7) Seed of herbaceous plants for the overall conclusions of the analysis planting that is coated, pelleted, or and the Administrator’s determination embedded in a substrate that obscures that the importation of the taxon does visibility; not pose a risk of introducing a quar- (8) Articles (except seeds) of Malus antine pest into the United States. spp. (apple, crabapple), Pyrus spp. (ii) If information presented by com- (pear), Prunus spp., Cydonia spp. menters indicates that the pest risk (quince), Chaenomeles spp. (flowering analysis needs to be revised, APHIS quince), Rubus spp. (cloudberry, black- will issue a notice after the close of the berry, boysenberry, dewberry, logan- public comment period indicating that berry, raspberry), and Vitis spp. (grape) the importation of the taxon will con- from Canada; tinue to be listed as not authorized (9) Articles (except seeds) of Fraxinus pending pest risk analysis while the in- spp. (ash) from counties or municipal formation presented by commenters is regional counties in Canada that are analyzed and incorporated into the not regulated for emerald ash borer pest risk analysis. APHIS will subse- (EAB) but that are within an EAB-reg- quently publish a new notice announc- ulated Province or Territory and are ing the availability of the revised pest not prohibited under § 317.37–2; risk analysis. (10) Articles (except seeds) of Pinus (4) APHIS may also remove a taxon spp. from Canada; and from the list of taxa whose importation (11) Solanum tuberosum true seed from is not authorized pending pest risk New Zealand and the X region of Chile

253

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–4 7 CFR Ch. III (1–1–18 Edition)

(that area of Chile between 39° and 44° postentry quarantine provisions of South latitude—see § 317.37–5(o)); § 319.37–7 must be authorized by a con- (b) An application for a written per- trolled import permit obtained in ac- mit should be submitted to the Plant cordance with § 319.6. Protection and Quarantine Programs (Animal and Plant Health Inspection (Approved by the Office of Management and Service, Plant Protection and Quar- Budget under control number 0579–0049) antine, 4700 River Road Unit 136, River- [45 FR 31585, May 13, 1980, as amended at 48 dale, MD 20737–1236) at least 30 days FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, prior to the arrival of the article at the 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, port of entry. The completed applica- Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001; 69 FR tion must contain the following infor- 61586, Oct. 20, 2004; 71 FR 19101, Apr. 13, 2006; mation: 72 FR 30467, June 1, 2007; 72 FR 43518, Aug. 6, (1) Name, address, and telephone 2007; 78 FR 25570, May 2, 2013; 79 FR 19810, number of the importer; Apr. 10, 2014; 79 FR 74589, Dec. 16, 2014] (2) Approximate quantity and kinds (botanical designations) of articles in- § 319.37–4 Inspection, treatment, and tended to be imported; phytosanitary certificates of inspec- tion. (3) Country(ies) or locality(ies) where grown; (a) Phytosanitary certificates of inspec- (4) Intended United States port of tion. Any restricted article offered for entry; importation into the United States (5) Means of transportation, e.g., must be accompanied by a mail, airmail, express, air express, phytosanitary certificate, unless the freight, airfreight, or baggage; and article is explicitly exempted from this (6) Expected date of arrival. requirement in the paragraphs below. (c) A permit indicating the applicable The phytosanitary certificate must conditions for importation under this identify the genus of the article it ac- subpart will be issued by Plant Protec- companies. When the regulations in tion and Quarantine Programs if, after this subpart place restrictions on indi- review of the application, the articles vidual species or cultivars within a are deemed eligible to be imported into genus, the phytosanitary certificate the United States under the conditions specified in the permit. However, even must also identify the species or if such a permit is issued, the regulated cultivar of the article it accompanies. article may be imported only if all ap- If the plant is grafted, budded, or oth- plicable requirements of this subpart erwise contains interpolated plant are met and only if an inspector at the parts, the phytosanitary certificate port of entry determines that no reme- must list the identity of any plant dial measures pursuant to the Plant parts (e.g., scion, rootstock, or Protection Act are necessary with re- interstem) that belong to restricted spect to the regulated article. 4 taxa to the lowest regulated taxon, (d) Any permit that has been issued e.g., genus, species, or cultivar. Other- may be revoked by an inspector or wise, identification of the species is APHIS in accordance with § 319.7–4. strongly preferred, but not required. (e) Persons wishing to import re- Intergeneric and interspecific hybrids stricted articles into the United States must be designated by placing the mul- for experimental, therapeutic, or devel- tiplication sign ‘‘x’’ between the names opmental purposes must apply for a of the parent taxa. controlled import permit in accordance (1) Greenhouse-grown plants from with § 319.6. Canada imported in accordance with (f) The importation of restricted arti- paragraph (c) of this section. These cles required to be grown under the plants must be accompanied by a cer- tificate of inspection in the form of a 4 An inspector may hold, seize, quarantine, label in accordance with paragraph treat, apply other remedial measures to, (c)(1)(iv) of this section attached to destory, or otherwise dispose of plants, plant pests, or other articles in accordance with each carton of the articles and to an sections 414, 421, and 434 of the Plant Protec- airway bill, bill of lading, or delivery tion Act (7 U.S.C. 7714, 7731, and 7754). ticket accompanying the articles.

254

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–4

(2) Small lots of seed imported in ac- (1) The Plant Health and Production cordance with paragraph (d) of this sec- Division of CFIA shall: tion. (i) Eliminate individual inspections (3) Seeds from Canada imported in and phytosanitary certification of each accordance with paragraph (e) of this shipment of articles exported in ac- section. Each carton of seed must be cordance with this section; labeled as required by paragraph (ii) Enter into written agreements (e)(2)(ii) of this section. Each shipment with, and assign a unique identifica- of seed must be accompanied by the tion number to, each greenhouse grow- documents in paragraphs (e)(2)(iii)(A) er participating in the greenhouse pro- and (e)(2)(iii)(B) of this section, as nec- gram; essary. (iii) Inspect greenhouses and the (4) Small packages of bulbs offered to plants being grown in them using in- travelers returning from the Nether- spection methods and schedules ap- lands accompanied by a special certifi- proved by Plant Protection and Quar- cate that lists a serial number, the sci- antine to ensure that the criteria of entific name of the bulb, the country of this subsection are met; its origin, and a date on which the spe- (iv) Issue labels to each grower par- cial certificate expires. The serial num- ticipating in the program. The labels ber must refer to a phytosanitary cer- issued to each grower shall bear a tificate issued, held, and retrievable unique number identifying that grow- upon request by the national plant pro- er, and shall bear the following state- tection organization of the Nether- ment: ‘‘This shipment of greenhouse- lands. The expiration date must be grown plants meets the import require- within 6 weeks after the issuance of the ments of the United States, and is be- phytosanitary certificate held by the lieved to be free from injurious plant national plant protection organization of the Netherlands. Shipments of bulbs pests. Issued by Plant Health and Pro- from the Netherlands accompanied by duction Division, Canadian Food In- this certificate may be imported into spection Agency.’’ The Plant Health the United States without preclearance and Production Division, CFIA, shall by APHIS. also ensure that the label is placed on the airway bill, bill of lading, or deliv- (b) Inspection and treatment. Any re- ery ticket accompanying each ship- stricted article must be presented for inspection by an inspector at the port ment of articles; and of first arrival and/or under (v) Ensure that only plants that are preclearance inspection arrangements not excluded shipment by the criteria in the country in which the article was of this subsection are shipped. grown, and must undergo any treat- (2) Each greenhouse grower partici- ment contained in part 305 of this chap- pating in the program shall enter into ter that is ordered by the inspector. an agreement with the Plant Health Any restricted article found upon in- and Production Division of CFIA in spection to contain or be contaminated which the grower agrees to: with plant pests, that cannot be elimi- (i) Maintain records of the kinds and nated by treatment, shall be denied quantities of plants grown in their entry at the first United States port of greenhouses, including the date of re- arrival. ceipt and place of origin of the plants; (c) Greenhouse-grown plants from Can- keep the records for at least 1 year ada. With the exception of Fraxinus after the plants are shipped to the spp. (ash) plants, a greenhouse-grown United States; and make the records restricted plant may be imported from available for review and copying upon Canada if the Plant Health and Produc- request by either the Plant Health and tion Division of the Canadian Food In- Production Division of CFIA or an au- spection Agency (CFIA) signs a written thorized representative of the Sec- agreement with the Animal and Plant retary of Agriculture; Health Inspection Service allowing (ii) Apply to an airway bill, bill of such importation, and provided that lading, or delivery ticket for plants to the following conditions are met: be shipped to the United States a label

255

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–4 7 CFR Ch. III (1–1–18 Edition)

issued by CFIA that includes the iden- foreign matter or debris, seeds in the tification number assigned to the grow- fruit or seed pod, and living organisms er by the Plant Health and Production such as parasitic plants, pathogens, in- Division, CFIA, and the following cer- sects, snails, mites; and tification statement: ‘‘This shipment (vii) At the time of importation, the of greenhouse grown plants meets the shipment is sent to either the Plant import requirements of the United Germplasm Quarantine Center in States and is believed to be free from Beltsville, MD, or a port of entry listed injurious plant pests. Issued by Plant in § 319.37–14(b) and designated by an Health and Production Division, Cana- asterisk. dian Food inspection Agency.’’; and (e) Certain seeds from Canada. Seeds (iii) Use pest control practices ap- imported from Canada may be im- proved by Plant Protection and Quar- ported without a phytosanitary certifi- antine and the Plant Health and Pro- cate if the following conditions are duction Division of CFIA to exclude met: pests from the greenhouses. (1) The Canadian Food Inspection (d) Small lots of seed. Lots of seed may Agency shall: be imported without a phytosanitary (i) Establish and administer a seed certificate required by paragraph (a) of export program under which Canadian this section under the following condi- exporters of seed may operate; tions: (ii) Assign a unique identification (1) The importation of the seed is au- number to each exporting establish- thorized by a written permit issued in ment enrolled in and approved by the accordance with § 319.37–3. seed inspection program; (2) The seed is not of any prohibited (iii) Provide APHIS with a current genera listed in § 319.37–2; is not listed list of the establishments participating as not authorized pending pest risk in its seed export program and their analysis, as provided in § 319.37–2a; is names, locations, telephone numbers, not of any noxious weed species listed and establishment identification num- in part 360 of this chapter; does not re- bers at the start of the shipping season, quire an additional declaration on a and provide regular updates to that list phytosanitary certificate in accord- throughout the shipping season; ance with § 319.37–5; does not require (iv) Enter into an agreement with treatment in accordance with § 319.37–6; APHIS that specifies the documents is not restricted under the regulations that must accompany shipments of in parts 330 and 340 of this chapter; and seeds under the seed export program: meets the requirements of part 361 of (A) Agricultural and vegetable seeds, this chapter. as listed in the Federal Seed Act regu- (3) The seed meets the following lations in part 361 of this chapter, must packaging and shipping requirements: be accompanied by a document certi- (i) Each seed packet is clearly labeled fying that the relevant provisions of with the name of the collector/shipper, the Federal Seed Act have been fol- the country of origin, and the scientific lowed; name at least to the genus, and pref- (B) Other seeds must be accompanied erably to the species, level; by a document certifying that the (ii) There are a maximum of 50 seeds seeds have been inspected. of 1 taxon (taxonomic category such as (2) Each seed exporter participating genus, species, cultivar, etc.) per pack- in the seed export program shall enter et; or a maximum weight not to exceed into an agreement with the Canadian 10 grams of seed of 1 taxon per packet; Food Inspection Agency in which the (iii) There are a maximum of 50 seed exporter agrees to: packets per shipment; (i) Practice any and all safeguards (iv) The seeds are free from pes- the Canadian Food Inspection Agency ticides; may prescribe in order to ensure that (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;

256

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

(ii) Include an export certification Liechtenstein, Lithuania, Luxembourg, document with each shipment indi- Malta, Mexico, Republic of Moldova, cating the common name of the seed, Morocco, the Netherlands, New Zea- the country of origin of the seed, the land, Northern Ireland, Norway, Paki- establishment identification number stan, Panama, Peru, the Philippines, assigned to the exporting establish- Poland, Portugal (including Madeira), ment under the Canadian Food Inspec- Romania, Russian Federation, Serbia tion Agency’s seed export program, and and Montenegro, Sierra Leone, Slo- the lot number in addition to all other vakia, Slovenia, South Africa, Spain information required to be present by (including Canary Islands and § 361.3 of this chapter. Mallorca), Sri Lanka, Sweden, Switzer- (iii) Include other shipping docu- land, Tajikistan, Tunisia, Turkey, ments as required with each shipment: Turkmenistan, Ukraine, Uzbekistan, (A) Shipments of agricultural and and Venezuela must be accompanied by vegetable seeds, as listed in the Fed- a phytosanitary certificate of inspec- eral Seed Act, must be accompanied by tion with an additional declaration ei- a document certifying that the rel- ther: evant provisions of the Federal Seed (1) That the article was grown on Act regulations in part 361 of this chap- land or in a substrate which has been ter have been followed, as agreed upon microscopically inspected by the na- by the Canadian Food Inspection Agen- tional plant protection organization of cy and APHIS; the country in which it was grown (B) Shipments of other seeds must be within 12 months preceding issuance of accompanied by a document certifying the certificate and found free from po- that the seeds have been inspected, as tato cyst nematodes, Globodera agreed upon by the Canadian Food In- rostochiensis (Woll.) Behrens and G. spection Agency and APHIS. pallida (Stone) Behrens; or (2) That the article has been grown (Approved by the Office of Management and Budget under control numbers 0579–0285 and within a secure environment in a pro- 0579–0279) duction area that is free of potato cyst nematodes, in a soilless growing me- [57 FR 43148, Sept. 18, 1992, as amended at 67 dium, or in vitro, and has never been FR 8465, Feb. 25, 2002; 68 FR 50045, Aug. 20, 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, grown in soil nor come in contact with Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR soil. 43518, Aug. 6, 2007; 76 FR 31209, May 27, 2011; (b)(1)(i) Restricted articles (except 79 FR 74590, Dec. 16, 2014] seeds) of Chaenomeles spp. (flowering quince) or Cydonia spp. (quince) from § 319.37–5 Special foreign inspection Canada, at the time of arrival at the and certification requirements. port of first arrival in the United (a) Any restricted article (except States, must be accompanied by a seeds, unrooted cuttings, and articles phytosanitary certificate that contains declared solely for food, analytical, or an additional declaration that the arti- manufacturing purposes) from Albania, cle was grown in a nursery in Canada Algeria, Argentina, Armenia, Aus- and that the article was found by the tralia, Austria, Azerbaijan, Azores, national plant protection organization Belarus, Belgium, Bolivia, Bulgaria, of Canada to be free of the injurious Canada (all areas regulated by the na- plant pathogens listed in paragraphs tional plant protection organization of (b)(5)(i), (ii), (iv), (xviii), (xix), (xx), and Canada for potato cyst nematodes), (xxi) of this section. The determination Channel Islands, Chile, Columbia, by the national plant protection orga- Costa Rica, Crete, Croatia, Cyprus, nization that the article is free of these Czech Republic, Denmark (including pathogens will be based on visual ex- Faeroe Islands), Ecuador, Egypt, Esto- amination and indexing of the parent nia, Falkland Islands, Finland, France, stock of the article and inspection of Georgia, Germany, Great Britain, the nursery where the restricted arti- Greece, Guernsey, Hungary, Iceland, cle is grown to determine that the India, Indonesia, Ireland, Italy, Japan, nursery is free of the specified patho- Jersey, Jordan, Kazakhstan, gens. An additional declaration on the Kyrgyzstan, Latvia, Lebanon, Libya, phytosanitary certificate of inspection

257

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

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

258

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

declaration must list all plant parts of section. The determination by the na- regulated taxa that have been incor- tional plant protection organization porated into the finished plant. that the article is free of these patho- (iv) Restricted articles (except seeds) gens will be based on visual examina- of Pyrus spp. (pear) from Canada, at the tion and indexing of the parent stock time of arrival at the port of first ar- of the article and inspection of the rival in the United States, must be ac- nursery where the restricted article is companied by a phytosanitary certifi- grown to determine that the nursery is cate that contains an additional dec- free of the specified pathogens. An ad- laration that the article was grown in ditional declaration on the a nursery in Canada and that the arti- phytosanitary certificate of inspection cle was found by the national plant by the national plant protection orga- protection organization of Canada to nization that a pathogen does not be free of the injurious plant pathogens occur in Canada may be used in lieu of listed in paragraphs (b)(5)(i), (ii), (iv), visual examination and indexing of the (v), (xviii), (xix), (xx), (xliii), and (xliv) parent stock for that pathogen and in- of this section. The determination by spection of the nursery. Finally, for ar- the national plant protection organiza- ticles containing more than one plant tion that the article is free of these part (e.g., grafted or budded plants), if pathogens will be based on visual ex- the scion, interstem, rootstock, or any amination and indexing of the parent other plant part of the finished plant stock of the article and inspection of that is offered for importation belongs the nursery where the restricted arti- to a taxon listed within this paragraph cle is grown to determine that the as a regulated taxon, the additional nursery is free of the specified patho- declaration must address the quar- gens. An additional declaration on the antine pests and related restrictions phytosanitary certificate of inspection associated with that taxon. The addi- by the national plant protection orga- tional declaration must list all plant nization that a pathogen does not parts of regulated taxa that have been occur in Canada may be used in lieu of incorporated into the finished plant. visual examination and indexing of the (2) Budwood of Prunus spp. suscep- parent stock for that pathogen and in- tible to plum pox (=Sharka) potyvirus spection of the nursery. Finally, for ar- (species other than P. avium, P. cerasus, ticles containing more than one plant P. effusa, P. laurocerasus, P. mahaleb, P. part (e.g., grafted or budded plants), if padus, P. sargentii, P. serotina, P. the scion, interstem, rootstock, or any serrula, P. serrulata, P. subhirtella, P. other plant part of the finished plant yedoensis, and P. virginiana) and grown that is offered for importation belongs in the Netherlands may be imported to a taxon listed within this paragraph into the United States only if it is ac- as a regulated taxon, the additional companied by a phytosanitary certifi- declaration must address the quar- cate with an additional declaration antine pests and related restrictions that the original parent stock (nuclear associated with that taxon. The addi- stock) has been indexed and found free tional declaration must list all plant of pathogens in paragraphs (b)(5)(i), (ix) parts of regulated taxa that have been through (xvii), (xxii), (xliii), and (xliv) incorporated into the finished plant. of this section by the appropriate na- (v) Restricted articles (except seeds) tional fruit tree certification program, of Vitis spp. (grape) from Canada, at the and only if the original parent stock time of arrival at the port of first ar- from which the budwood is taken is rival in the United States, must be ac- produced within a secure, enclosed, companied by a phytosanitary certifi- APHIS-approved pest-exclusionary fa- cate that contains an additional dec- cility within a national plant protec- laration that the article was grown in tion organization-operated or -ap- a nursery in Canada and that the arti- proved nuclear stock program where cle was found by the national plant the parent stock is maintained in a protection organization of Canada to pathogen-free state. be free of the injurious plant pathogens (3) Restricted articles, except seeds, listed in paragraphs (b)(5)(xiv) through of Prunus spp. susceptible to plum pox (xvii) and (xxiv) through (xxxix) of this (=Sharka) potyvirus (species other

259

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

than P. avium, P. cerasus, P. effusa, P. (A) The seeds are from parent stock laurocerasus, P. mahaleb, P. padus, P. grown in a nursery in Belgium, Canada, sargentii, P. serotina, P. serrula, P. France, Germany, Great Britain, or the serrulata, P. subhirtella, P. yedoensis, Netherlands that is free of plum pox and P. virginiana) from Canada must be (=Sharka) potyvirus; and accompanied by a phytosanitary cer- (B) The seeds have been found by the tificate that contains an additional national plant protection organization declaration that the article was grown of the country in which they are pro- in a nursery in Canada, that the article duced to be free of plum pox (=Sharka) was found by the national plant protec- potyvirus based on the testing of par- tion organization of Canada to be free ent stock by visual examination and of the injurious plant pathogens listed indexing. in paragraphs (b)(5)(i), (ix) through (ii) Seeds of Prunus spp. susceptible (xvii), (xxii), (xliii), and (xliv) of this to plum pox (=Sharka) potyvirus (spe- section, and that the article was grown cies other than P. avium, P. cerasus, P. in an area that has been surveyed and effusa, P. laurocerasus, P. mahaleb, P. found free of plum pox (=Sharka) padus, P. sargentii, P. serotina, P. potyvirus according to a surveying pro- serrula, P. serrulata, P. subhirtella, P. tocol mutually agreed upon by APHIS yedoensis, and P. virginiana) from all and the national plant protection orga- countries except for the countries of nization of Canada. The determination Europe, Argentina, Canada, Chile, Cy- prus, Japan, Syria, and Turkey, shall, by the national plant protection orga- at the time of arrival at the port of nization of Canada that the article is first arrival, be accompanied by a free of these pathogens will be based on phytosanitary certificate of inspection, visual examination and indexing of the containing an accurate additional dec- parent stock of the article and inspec- laration that plum pox (=Sharka) tion of the nursery where the re- potyvirus does not occur in the coun- stricted article is grown to determine try in which the seeds were produced. that the nursery is free of the specified The importation of seeds of Prunus spp. pathogens. An additional declaration susceptible to plum pox (=Sharka) on the phytosanitary certificate of in- potyvirus (species other than P. avium, spection by the national plant protec- P. cerasus, P. effusa, P. laurocerasus, P. tion organization of Canada that a mahaleb, P. padus, P. sargentii, P. pathogen does not occur in Canada serotina, P. serrula, P. serrulata, P. may be used in lieu of visual examina- subhirtella, P. yedoensis, and P. tion and indexing of the parent stock virginiana) from Belgium, Canada, for that pathogen and inspection of the France, Germany, Great Britain, and nursery. Finally, if any part of the ar- the Netherlands is authorized subject ticle is not from Canada, but rather to the conditions of paragraph (b)(4)(i) from a third country, that article must of this section. The importation of meet the entry requirements of this seeds of Prunus spp. susceptible to subpart as if the article had been di- plum pox (=Sharka) potyvirus (species rectly imported into the United States other than P. avium, P. cerasus, P. from that third country. effusa, P. laurocerasus, P. mahaleb, P. (4)(i) Seeds of Prunus spp. susceptible padus, P. sargentii, P. serotina, P. to plum pox (=Sharka) potyvirus (spe- serrula, P. serrulata, P. subhirtella, P. cies other than P. avium, P. cerasus, P. yedoensis, and P. virginiana) from all effusa, P. laurocerasus, P. mahaleb, P. other countries in Europe, as well as padus, P. sargentii, P. serotina, P. Argentina, Chile, Cyprus, Japan, Syria, serrula, P. serrulata, P. subhirtella, P. and Turkey, is prohibited. yedoensis, and P. virginiana) from Bel- (5) List of pathogens: gium, Canada, France, Germany, Great (i) Monilinia fructigena (Aderh. & Britain, or the Netherlands shall, at Ruhl.) Honey (Brown rot of fruit). the time of arrival at the port of first (ii) Guignardia piricola (Nose) arrival at the United States, be accom- Yamomoto (Leaf, branch, and fruit dis- panied by a phytosanitary certificate ease). of inspection containing accurate addi- (iii) Apple proliferation phytoplasma. tional declarations that: (iv) Pear blister canker apscaviroid.

260

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

(v) Pear bud drop virus. (xxxiii) Grapevine infectious necrosis (vi) Diaporthe mali Bres. (Leaf, bacterium. branch, and fruit fungus). (xxxiv) Xanthomonas ampelina (vii) Apple green crinkle agent (Apple Panagopoulas. false sting virus). (xxxv) Peyronellaea glomerata Ciferri. (viii) Apple chat fruit agent (Apple (xxxvi) Pseudopeziza tracheiphila small fruit). Muller-Thur-gau. (ix) Plum pox (=Sharka) potyvirus (xxxvii) Rhacodiella vitis Sterenberg. and its strains. (xxxviii) Rosellinia necatrix Prill. (x) Cherry leaf roll nepovirus (Elm (xxxix) Septoria melanosa (Vialla and mosaic virus, golden elderberry virus). Ravav) Elenk. (xi) European cherry rusty mottle (xl) Apple fruit crinkle apscaviroid. virus. (xli) Apple dimple fruit apscaviroid. (xii) European stone fruit yellows (xlii) Apple scar skin apscaviroid. phytoplasma (Apricot chlorotic leaf (xliii) Monilinia polystroma. roll agent). (xliv) Apricot pseudo-chlorotic leaf (xiii) Plum bark split trichovirus. spot trichovirus. (xiv) Arabis mosaic nepovirus and its (c) Any restricted article (except strains. seeds) of Chrysanthemum spp. (chrysan- (xv) Raspberry ringspot nepovirus themum, includes Dendranthema spp.), (European cherry rasp leaf) and its Leucanthemella serotina, or strains. Nipponathemum nipponicum, from a for- (xvi) Tomato blackring nepovirus eign place except Asia, Europe, South (Myrobalan latent ringspot, peach America, Australia, Mexico, New Zea- shoot stunting) and its strains. land, Oceania (Melanesia, Micronesia, (xvii) Strawberry latent ringspot and Polynesia), Republic of South Afri- sadwavirus (Peach willow leaf rosette, ca, and Tunisia shall, at the time of ar- Court noue) and its strains. rival at the port of first arrival in the (xviii) Quince sooty ringspot agent. United States, be accompanied by a (xix) Quince yellow blotch agent phytosanitary certificate of inspection. (Pear yellow blotch agent, Apple rub- The phytosanitary certificate of in- bery wood phytoplasma). spection must contain a declaration (xx) Quince stunt agent. that the article was grown in a green- (xxi) Gymnosporangium asiaticum house nursery and found by the na- Miyabe ex. Yamada (Rust). tional plant protection organization of (xxii) Valsa mali Miyabe and Yamada the country in which the article was ex. Miura (Branch canker fungus). grown to be free of white rust of chrys- (xxiii) Apple ringspot agent (Apple anthemum (caused by the rust fungus thumb mark, Thumb mark, Apple Hen- Puccinia horiana P. Henn.) based on vis- derson spot agent). ual examination of parent stock, the (xxiv) The following nematode trans- articles for importation, and the green- mitted viruses: Artichoke Italian la- house nursery in which the articles for tent virus, Grapevine Bulgarian latent importation and the parent stock were virus, Grapevine fanleaf virus and its grown, once a month for 4 consecutive strains, and Hungarian chrome mosaic months immediately prior to importa- virus. tion. Such articles are also subject to (xxv) Grapevine asteroid mosaic the postentry quarantine requirements agent. of § 319.37–7. (xxvi) Grapevine Bratislava mosaic (d) Any restricted article (except virus. seeds) of Dianthus spp. (carnation, (xxvii) Grapevine chasselas latent sweet-william) from Great Britain or agent. the Netherlands shall be grown under (xxviii) Grapevine little leaf agent. postentry quarantine conditions speci- (xxix) Grapevine vein mosaic agent. fied in § 319.37–7(c) unless at the time of (xxx) Grapevine vein necrosis agent. arrival at the port of first arrival in (xxxi) Flavescence-doree the United States the phytosanitary phytoplasma. certificate of inspection accompanying (xxxii) Black wood phytoplasma such article contains an accurate addi- (bois-noir). tional declaration that such article

261

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

was grown in a greenhouse nursery in Costa Rica or of Jamacia to be of Ma- Great Britain or the Netherlands and layan dwarf variety or Maypan variety found by the plant protection service of (=F1 hybrid, Malayan Dwarf × Panama Great Britain or the Netherlands to be Tall) (which are resistant to lethal free from injurious plant diseases yellowing disease) based on visual ex- caused by Phialophora cinerescens (Wr.) amination of the parent stock. van Beyma (=Verticillium cinerescens (h) Any restricted article of Fragaria Wr.), carnation etched ring virus, car- spp. (strawberry) from Israel is prohib- nation ‘‘streak’’ virus, and carnation ited as specified in § 319.37–2(a) unless ‘‘fleck’’ virus, based on visual examina- at the time of arrival at the port of tion of the parent stock, of the articles first arrival in the United States the for importation, and of the greenhouse phytosanitary certificate accom- nursery in which the articles for im- panying the article of Fragaria spp. portation and the parent stock are contains an additional declaration that grown, once a month for 4 consecutive stipulates that the parent stock was months immediately prior to importa- found free of red stele disease pathogen tion, and based on indexing of the par- as well as any other damaging straw- ent stock. berry pathogens, based on visual in- (e) Any restricted article (except spection and indexing. seeds) of Rubus spp. (cloudberry, black- (i) Any restricted article of Syringa berry, boysenberry, dewberry, logan- spp. (lilac) from the Netherlands is pro- berry, raspberry) from Canada, shall be hibited as specified in § 319.37–2(a) un- grown under postentry quarantine con- less, at the time of arrival at the port ditions specified in § 319.37–7 unless at of first arrival in the United States, the time of arrival at the port of first the phytosanitary certificate accom- 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. 5 parent plant material on seedling (f) Any restricted article (except rootstocks, and were grown in: seeds) of Rubus spp. (cloudberry, black- berry, boysenberry, dewberry, logan- (1) Fumigated soil (fumigated by ap- berry, raspberry) from Europe at the plying 400 to 870 pounds of methyl bro- time of arrival at the port of first ar- mide per acre and covering the soil rival in the United States shall be ac- with a tarpaulin for 7 days) in a field at companied by a phytosanitary certifi- least 3 meters from the nearest non- cate of inspection which shall contain indexed Syringa spp. (lilac), or an accurate additional declaration that (2) Soil that has been sampled and such article was found by the plant microscopically inspected by the plant protection service of the country of or- protection service of the Netherlands igin to be free of Rubus stunt agent within 12 months preceding issuance of based on visual examination and index- the phytosanitary certificate and that ing of the parent stock. has been found free of the plant para- (g) Any seed of Cocos nucifera (coco- sitic nematodes capable of transmit- nut) at the time of arrival at the port ting European nepoviruses, including, of first arrival in the United States but not limited to, the Arabis mosaic shall be accompanied by a nepovirus. phytosanitary certificate of inspection (j) [Reserved] which shall contain an accurate addi- (k) Any restricted article of Acca tional declaration that such seed was sellowiana (O. Berg) Burret(feijoa, pine- found by the plant protection service of apple guava) from New Zealand shall undergo postentry quarantine in ac- 5 Such testing is done under a Raspberry cordance with § 319.37–7 unless the arti- Plant Certification Program of Canada. cle, at the time of arrival at the port of

262

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

first arrival in the United States, is ac- (1) The Solanum spp. true seed was companied by a phytosanitary certifi- produced by Solanum plants that were cate of inspection, containing an accu- propagated from plantlets from the rate additional declaration that New United States; Zealand is free of Monilinia fructigena. (2) The Solanum plants that produced (l) Any restricted article of Gladiolus, the Solanum tuberosum true seed were Watsonia or Crocosmia spp. from Lux- grown in the Tenth (X) Region of Chile embourg or Spain shall, at the time of (that area of the country between 39° arrival at the port of first arrival in and 44° South latitude); and the United States, be accompanied by a (3) Solanum tuberosum tubers, plants, phytosanitary certificate of inspection, and true seed from each field in which containing accurate additional declara- the Solanum plants that produced the tions that: Solanum tuberosum true seed were (1) The plants were grown in a dis- grown have been sampled by SAG once ease free environment in a greenhouse; per growing season at a rate to detect (2) The plants were subjected to 12 1 percent contamination with a 99 per- hours of continuous misting per day cent confidence level (500 tubers/500 with water at 15–20 degrees Celsius on 2 plants/500 true seeds per 1 hectare/2.5 consecutive days; and acres), and that the samples have been (3) The plants were inspected by a analyzed by SAG using an enzyme- plant quarantine official of the country linked immunosorbent assay (ELISA) where grown 20 days after the comple- test or nucleic acid spot hybridization tion of the misting and were found free (NASH) non-reagent test, with nega- of gladiolus rust. tive results, for Andean Potato Latent (m) Any restricted article of Acer Virus, Arracacha Virus B, Potato Virus palmatum or Acer japonicum from the T, the Andean Potato Calico Strain of Netherlands is prohibited unless the ar- Tobacco Ringspot Virus, and Potato ticle is accompanied, at the time of ar- Yellowing Virus. rival at the port of first arrival in the (p) In addition to meeting the re- United States, by a phytosanitary cer- quirements of this subpart, any trees tificate of inspection, containing an ac- with roots and any shrubs with roots curate additional declaration that the and persistent woody stems, unless article is of a nonvariegated variety of greenhouse-grown throughout the year, A. palmatum or A. japonicum, and unless that are imported from Canada will be the article is subject to the postentry subject to the inspection and certifi- quarantine requirements of § 319.37–7(a). cation requirements for gypsy moth in (n) Any restricted article of Howea § 319.77–4 of this part. spp. (sentry palm) from Australia or New Zealand, is prohibited as specified (q) Any artificially dwarfed plant im- in § 319.37–2(a) unless at the time of ar- ported into the United States, except rival at the port of first arrival in the for plants that are less than 2 years United States the phytosanitary cer- old, must have been grown and handled tificate accompanying the article of in accordance with the requirements of Howea spp. contains both a declaration this paragraph and must be accom- of origin and a declaration stipulating panied by a phytosanitary certificate that the Howea is free of the lethal of inspection that was issued by the yellowing pathogen and the cadang- government of the country where the cadang pathogen, as well as any other plants were grown. damaging palm pathogens, based on (1) Any growing media, including visual inspection. soil, must be removed from the artifi- (o) Any Solanum tuberosum true seed cially dwarfed plants prior to shipment imported from Chile shall, at the time to the United States unless the plants of arrival at the port of first arrival in are to be imported in accordance with the United States, be accompanied by a § 319.37–8. phytosanitary certificate of inspection (2) The artificially dwarfed plants issued in Chile by the Servicio Agricola must be grown in accordance with the y Ganadero (SAG), containing addi- following requirements and the tional declarations that: phytosanitary certificate required by

263

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

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 the requirements of paragraph (r)(1) of NPPO to verify compliance with the re- this section and is from a country quirements of this paragraph (r)(3). where Ralstonia solanacearum race 3 (iii) The production site must con- biovar 2 is not known to occur, the duct ongoing testing for R.

264

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

solanacearum race 3 biovar 2. Only arti- source or treat the water with an cles of Pelargonium spp. and Solanum APHIS-approved treatment before use. spp. from a group of articles that has (x) Growing media at the production been tested according to an APHIS-ap- site must not come in direct contact proved testing protocol with negative with any water source, such as an results for the presence of R. emitter or a hose end. If a drip irriga- solanacearum race 3 biovar 2 may be tion system is used, backflow devices used in production and export. Records must be installed to prevent any R. of the testing must be kept for two solanacearum race 3 biovar 2 that may growing seasons and made available to be present from spreading to the rest of representatives of APHIS and of the the production site through the irriga- NPPO. All testing procedures must be tion system. Ebb and flow irrigation approved by APHIS. may not be used. (iv) Each greenhouse on the produc- (xi) Production site personnel must tion site must be constructed in a man- be educated regarding the various ner that ensures that runoff water from pathways through which R. areas surrounding the greenhouses can- solanacearum race 3 biovar 2 can be in- not enter the greenhouses. The green- troduced into a production site and houses must be surrounded by a 1- must be trained to recognize symptoms meter buffer that is sloped so that of R. solanacearum race 3 biovar 2 infec- water drains away from the green- tion in articles of Pelargonium spp. or houses. Solanum spp. in the production site. (v) Dicotyledonous weeds must be (xii) Articles of Pelargonium spp. or controlled both within each greenhouse Solanum spp. produced for export with- on the production site and around it. in an approved production site must be The greenhouses on the production site handled and packed in a manner ade- and the 1-meter buffer surrounding quate to prevent the introduction of R. 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 free of R. solanacearum race 3 biovar 2. designated representative is required The production site must either derive to pay in advance all estimated costs the water from an APHIS-approved that APHIS expects to incur through

265

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

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 the Province or Provinces they were the CFIA, and are destined for or will moved through, if different from the be moved through an area in the Province of origin; United States that is not quarantined

266

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

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

267

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

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 Syngrapha circumflexa (syn. exclusion of H. armigera. Cornutiplusia circumflexa), or any other (iii) Each production site in which moth of the family , are plants destined for export to the found in a production site; United States are grown must have at (B) Live Syngrapha circumflexa (syn. least one blacklight trap for 1 year fol- Cornutiplusia circumflexa), or any other lowing any of the following events: moth of the family Noctuidae, are found (A) The construction of the produc- in a shipment of plants; or tion site; (C) Growers violate the requirements (B) The entry of the production site set out in this section and by the ex- into the approved plants export pro- port program established by the na- gram; tional plant protection organization of (C) The replacement of the covering Spain. of the production site; or (ii) A grower may be reinstated, and (D) The detection and repair of a the grower’s production sites may re- break or tear in the plastic or screen- gain approved status, by requesting re- ing in the production site. approval and submitting a detailed re- (4) Inspections. Inspections under- port describing the corrective actions taken in the export program for taken by the grower. Reapproval will Pelargonium spp. plants established by only be granted upon concurrence from the national plant protection organiza- the national plant protection organiza- tion of Spain will include, but may not tion of Spain and APHIS. be limited to, the following: (6) Termination. APHIS may termi- (i) The national plant protection or- nate the entire program if there are re- ganization of Spain will inspect the peated violations of procedural or bio- plants and the production site during logical requirements. the growing season and during packing. (7) Trust fund. The government of (ii) Packing materials and shipping Spain must enter into a trust fund containers for the plants must be in- agreement with APHIS before each spected and approved by APHIS to en- growing season. The government of sure that they do not introduce pests of Spain or its designated representative concern to the plants. is required to pay in advance all esti- (iii) Either APHIS or the national mated costs that APHIS expects to plant protection organization of Spain incur through its involvement in over- will inspect the production site of the seeing the execution of paragraph (u) of plants to ensure that they meet stand- this section. These costs will include ards of sanitation agreed upon by administrative expenses incurred in APHIS and the national plant protec- conducting the services enumerated in tion organization of Spain. paragraph (u) of this section and all

268

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

salaries (including overtime and the (ii) Enter into an agreement with the Federal share of employee benefits), national plant protection organization travel expenses (including per diem ex- of Israel whereby the producer agrees penses), and other incidental expenses to participate in and follow the export incurred by the inspectors in per- program for plants established by the forming these services. The govern- national plant protection organization ment of Spain or its designated rep- of Israel. resentative is required to deposit a cer- (3) Growing requirements. Growers in tified or cashier’s check with APHIS Israel who produce plants for export to for the amount of the costs estimated the United States must meet the fol- by APHIS. If the deposit is not suffi- lowing requirements for inclusion in cient to meet all costs incurred by the export program for plants estab- APHIS, the agreement further requires lished by the national plant protection the government of Spain or its des- organization of Israel: ignated representative to deposit with (i) Plants destined for export to the APHIS a certified or cashier’s check United States must come from a pro- for the amount of the remaining costs, duction site devoted solely to produc- as determined by APHIS, before the tion of such plants. services will be completed. After a (ii) The production sites in which final audit at the conclusion of each such plants are produced must be reg- shipping season, any overpayment of istered with the national plant protec- funds would be returned to the govern- tion organization of Israel. These pro- ment of Spain or its designated rep- duction sites must employ safeguards resentative or held on account until agreed on by APHIS and the national needed. plant protection organization of Israel (v) Special foreign inspection and cer- to prevent the entry of S. littoralis, in- tification requirements for plants from cluding, but not limited to, insect- Israel. Plants from Israel, except bulbs, proof screening over openings and dou- dormant perennials, and seeds, may ble or airlock-type doors. Any rips or only be imported into the United tears in the insect-proof screening States in accordance with the regula- must be repaired immediately. tions in this section, to prevent (iii) Each production site in which Spodoptera littoralis and other quar- plants destined for export to the antine pests found in Israel from enter- United States are grown must have at ing the United States. least one blacklight trap for 1 year fol- (1) Phytosanitary certificate. The lowing any of the following events: phytosanitary certificate of inspection (A) The construction of the produc- required by § 319.37–4 that accompanies tion site; plants from Israel at the time of ar- (B) The entry of the production site rival at the port of first arrival in the into the approved plants export pro- United States must contain additional gram; declarations that the plants were pro- (C) The replacement of the covering duced in an approved Israeli production of the production site; or site, that the production site is oper- (D) The detection and repair of a ated by a grower participating in the break or tear in the plastic or screen- export program for plants established ing in the production site. by the national plant protection orga- (4) Inspections. Inspections under- nization of Israel, and that the plants taken in the export program for plants were grown under conditions specified established by the national plant pro- by APHIS as described in this para- tection organization of Israel will in- graph § 319.37–5(v) to prevent infesta- clude, but may not be limited to, the tion or contamination with Spodoptera following: littoralis or other quarantine pests. (i) The national plant protection or- (2) Grower registration and agreement. ganization of Israel will inspect the Persons in Israel who produce plants plants and the production site weekly for export to the United States must: to ensure that no quarantine pests are (i) Be registered and approved by the present. national plant protection organization (ii) Plants must be inspected to en- of Israel; and sure that they are free of quarantine

269

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

pests before being allowed into the peated violations of procedural or bio- screened area of the production site. logical requirements. (iii) The national plant protection or- (7) Trust fund. The government of ganization of Israel will inspect the Israel must enter into a trust fund plants to ensure that no quarantine agreement with APHIS before each pests are present prior to export. growing season. The government of (iv) Packing materials and shipping Israel or its designated representative containers for the plants must be in- is required to pay in advance all esti- spected and approved by APHIS to en- mated costs that APHIS expects to sure that they do not introduce pests of incur through its involvement in over- concern. seeing the execution of paragraph (v) of (v) Either APHIS or the national this section. These costs will include plant protection organization of Israel administrative expenses incurred in will inspect the production site of the conducting the services enumerated in plants to ensure that they meet stand- paragraph (v) of this section and all ards of sanitation approved by APHIS. salaries (including overtime and the (vi) Inspectors from both APHIS and Federal share of employee benefits), the national plant protection organiza- travel expenses (including per diem ex- tion of Israel will have access to the penses), and other incidental expenses production site as necessary to ensure incurred by the inspectors in per- that growers are employing the safe- forming these services. The govern- guards and procedures prescribed by ment of Israel or its designated rep- the program and that those safeguards resentative is required to deposit a cer- and procedures are correctly imple- tified or cashier’s check with APHIS mented. for the amount of the costs estimated (vii) The national plant protection by APHIS. If the deposit is not suffi- organization of Israel will provide cient to meet all costs incurred by APHIS with access to the list of reg- APHIS, the agreement further requires istered and approved growers at least the government of Israel or its des- annually. ignated representative to deposit with (5) Ineligibility for participation. (i) APHIS a certified or cashier’s check Growers will be ineligible for participa- for the amount of the remaining costs, tion in the export program for plants as determined by APHIS, before the 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, port describing the corrective actions Jamaica, Japan, Kenya, Laos, Mada- taken by the grower. Reapproval will gascar, Malawi, Malaysia, Mauritius, only be granted upon concurrence from Mexico, Myanmar, Nepal, Pakistan, the national plant protection organiza- Papua New Guinea, Philippines, tion of Israel and APHIS. Re´union, Rwanda, Saint Helena, Saudi (6) Termination. APHIS may termi- Arabia, Somalia, South Africa, Sri nate the entire program if there are re- Lanka, Swaziland, Taiwan, Tanzania,

270

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–5

Thailand, Timor-Leste, Vietnam, tivities that the NPPO of Costa Rica Yemen, and Zimbabwe is prohibited will, subject to APHIS’ approval of the importation into the United States. workplan, carry out to meet the re- Except for those countries listed in quirements of this paragraph (y). paragraph (x) of this section, seed of (3) Phytosanitary certificate. The these genera from all other countries phytosanitary certificate of inspection may be imported into the United required by § 319.37–4 that accompanies States only if the phytosanitary cer- each consignment of Dracaena spp. tificate required by § 319.37-4 contains plants from Costa Rica must contain an additional declaration that neither additional declarations that the plants citrus greening nor citrus variegated in the consignment have been pro- chlorosis is known to occur in the duced, packed, stored, and exported in country where the seed was produced. accordance with the requirements of (x) Seed of the genus Citrus from this paragraph (y) and the bilateral Costa Rica and Paraguay is prohibited workplan, and that the consignment importation into the United States. has been inspected and found free of Seed of the genera Aeglopsis, Balsamocitrus, Bergera, Calodendrum, quarantine pests. Citrofortunella, xCitroncirus, Clausena, (4) Participant registration and agree- Fortunella, Limonia, Microcitrus, ment. Persons in Costa Rica who Murraya, Poncirus, Severinia, Swinglea, produce, pack, or ship Dracaena spp. Toddalia, Triphasia, and Vepris from plants for export to the United States Costa Rica and Paraguay may be im- must: ported into the United States only if (i) Be registered and approved by the the phytosanitary certificate required NPPO of Costa Rica; and by § 319.37-4 contains an additional dec- (ii) Enter into an agreement with the laration that citrus greening is not NPPO of Costa Rica whereby the per- known to occur in the country where sons agree to participate in and follow the seed was produced. the export program for Dracaena spp. (y) Special foreign inspection and cer- plants established by the NPPO of tification requirements for Dracaena spp. Costa Rica. plants from Costa Rica. Dracaena spp. (5) Facility registration and agreement. plants from Costa Rica may only be Production, packing, and export facili- imported into the continental United ties must be approved and registered States in accordance with the require- by the NPPO of Costa Rica. Registered ments of this paragraph (y), to prevent packing and export facilities may only the plant pests Ancistrocercus accept plants from registered produc- circumdatus, Caldwelliola reservata, tion facilities where plants are grown Chaetanaphothrips signipennis, Coccus in compliance with the requirements of viridis, Diplosolenodes occidentalis, this paragraph (y) and the bilateral Erioloides consobrinus, Neoconocephalus workplan. The NPPO of Costa Rica will affinis, Oncometopia clarior, Ovachlamys provide APHIS with access to the list fulgens, Palliferra costaricensis, of registered facilities at least annu- Planococcus minor, Pseudococcus landoi, ally and when changes occur. Sarasinula plebeia, Succinea costaricana, and Xylosandrus morigerus from enter- (6) Training. Participants and per- ing the United States. sonnel at approved production, pack- (1) Size requirements. Dracaena spp. ing, and export facilities must be plants from Costa Rica imported into trained in the requirements of this the continental United States may not paragraph (y) and the bilateral exceed 1,371.6 mm (approximately 54 workplan and in recognizing the quar- inches) in length from the soil line (or antine listed in this paragraph (y). top of the rooting zone for plants pro- Training records must be maintained duced by air layering) to the farthest and made available to the NPPO of terminal growing point. Costa Rica and APHIS on request. (2) Bilateral workplan. The national (7) Pest management program. Partici- plant protection organization (NPPO) pants must establish a pest manage- of Costa Rica must provide a bilateral ment program for all approved produc- workplan to APHIS that details the ac- tion, packing, and export facilities.

271

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–5 7 CFR Ch. III (1–1–18 Edition)

Pest management programs must in- including corrective measures, for a clude field or facility scouting, moni- minimum of 3 years. Records must be toring, and control of target pests, and made available to the NPPO of Costa must be monitored and approved by the Rica and APHIS on request. NPPO of Costa Rica. APHIS may visit (12) Ineligibility for participation. (i) sites to inspect and monitor the pest Persons who produce, pack, or ship management program. Each approved Dracaena spp. plants will be ineligible facility must have a trained, dedicated for participation in the export program person to supervise the pest manage- for Dracaena spp. plants and their pro- ment program. Records of pest man- duction sites or packing or export fa- agement activities must be maintained cilities will lose approved status if: and made available to the NPPO of (A) Live pests are found in a produc- Costa Rica and APHIS upon request. tion site; (8) Sanitation. Sanitation measures (B) Live pests are found in a ship- must be maintained at approved pro- ment of plants; or duction, packing, and export facilities. (C) Persons who produce, pack, or Fallen or discarded plant material and ship Dracaena spp. plants violate the debris, or plants with pests, must be re- requirements set out in this section or moved and must not be included in required under the export program es- field containers brought from produc- tablished by the NPPO of Costa Rica. tion to packing facilities for export. (ii) A person who produces, packs, or Packing facilities must be free of sand, ships Dracaena spp. plants may be rein- soil, earth, and plant pests, and stated, and that person’s production phytosanitary practices adequate to sites or packing or export facilities exclude pests must be employed. may regain approved status, by re- Equipment, materials, and tools must questing reapproval and submitting a be sanitized to avoid spreading pests or detailed report describing the correc- to prevent recontamination. tive actions taken by the person. Re- (9) Inspections. Inspections under- approval will only be granted upon con- taken in the export program for currence from the NPPO of Costa Rica Dracaena spp. plants established by the and APHIS. NPPO of Costa Rica will include, but (13) Trust fund. The Government of may not be limited to, the following: Costa Rica must enter into a trust fund (i) Approved production, packing, and agreement with APHIS before each export facilities must be inspected by growing season. The Government of dedicated trained personnel at the ap- Costa Rica or its designated represent- proved facilities at least once weekly, ative is required to pay in advance all and by the NPPO of Costa Rica at least estimated costs that APHIS expects to once monthly. incur through its involvement in over- (ii) Packing materials and shipping seeing the execution of paragraph (y) of containers for the plants must be ap- this section. These costs will include proved by APHIS and inspected by the administrative expenses incurred in NPPO of Costa Rica to ensure that conducting the services enumerated in they do not introduce pests of concern paragraph (y) of this section and all to the plants. salaries (including overtime and the (iii) Inspection dates and results Federal share of employee benefits), must be recorded and made available travel expenses (including per diem ex- to APHIS upon request. penses), and other incidental expenses (10) Traceability. Participants must incurred by the inspectors in per- establish a traceability system ap- forming these services. The Govern- proved and audited by the NPPO of ment of Costa Rica or its designated Costa Rica and APHIS. The identity representative is required to deposit a and origin of the Dracaena spp. plants certified or cashier’s check with APHIS must be maintained from the produc- for the amount of the costs estimated tion unit through the packing and ex- by APHIS. If the deposit is not suffi- port facilities and to the port of entry cient to meet all costs incurred by in the United States. APHIS, the agreement further requires (11) Recordkeeping. Participants must the Government of Costa Rica or its maintain records of program activities, designated representative to deposit

272

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–6

with APHIS a certified or cashier’s Finding Aids section of the printed volume check for the amount of the remaining and at www.fdsys.gov. costs, as determined by APHIS, before the services will be completed. After a § 319.37–6 Specific treatment and other requirements. final audit at the conclusion of each shipping season, any overpayment of (a) The following seeds and bulbs funds would be returned to the Govern- may be imported into the United ment of Costa Rica or its designated States from designated countries and representative or held on account until localities only if they have been treat- needed. ed for the specified pests in accordance with part 305 of this chapter. Seeds and (Approved by the Office of Management and bulbs treated prior to importation out- Budget under control numbers 0579–0049, side the United States must be treated 0579–0176, 0579–0221, 0579–0246, 0579–0257, and in accordance with § 319.37–13(c). An in- 0579–0279) spector may require treatment within [45 FR 31585, May 13, 1980] the United States of articles that have EDITORIAL NOTE: For FEDERAL REGISTER ci- been treated prior to importation out- tations affecting § 319.37–5, see the List of side the United States if such treat- CFR Sections Affected, which appears in the ment is determined to be necessary:

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

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

(b) Seeds and bulbs that are treated treated at the time of importation into within the United States must be the United States.

273

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–7 7 CFR Ch. III (1–1–18 Edition)

(c) Seeds of Guizotia abyssinica (niger (1) If destined for a State that has seed) that are treated prior to ship- completed a State postentry quar- ment to the United States must be antine agreement in accordance with treated at a facility that is approved paragraph (c) of this section; by APHIS 6 and that operates in com- (2) If a postentry quarantine growing pliance with a written agreement be- agreement has been completed and sub- tween the treatment facility owner and mitted to Plant Protection and Quar- the plant protection service of the ex- antine in accordance with paragraph porting country, in which the treat- (d) of this section. The agreement must ment facility owner agrees to comply be signed by the person (the importer) with the provisions of this section and applying for a controlled import per- allow inspectors and representatives of mit for importation of the article in the plant protection service of the ex- porting country access to the treat- accordance with § 319.6; and, ment facility as necessary to monitor (3) If Plant Protection and Quar- compliance with the regulations. antine has determined that the com- Treatments must be certified in ac- pleted postentry quarantine growing cordance with the conditions described agreement fulfills the applicable re- in § 319.37–13(c). quirements of this section and that (d) Shipments of kenaf (Hibiscus services by State inspectors are avail- cannabinus) seed from Mexico that are able to monitor and enforce the imported into pink bollworm generally postentry quarantine: infested areas listed in § 301.52–2a shall Restricted Article (ex- Foreign Country(ies) or Locality(ies) be subject to inspection, and shall im- cluding seeds) from which imported mediately, upon release, be subject to the domestic pink bollworm quarantine Abelmoschus spp. All except Africa, Bangladesh, regulations in §§ 301.52 through 301.52– (okra). Brazil, Canada, India, Iraq, Papua New Guinea, Sri Lanka, 10, ‘‘Subpart—Pink Bollworm,’’ of this and Trinidad and Tobago. chapter. Acacia spp. (acacia) .... All except Australia, Canada, and (e) Dioscorea spp. (yam) plants for Oceania. Acer spp. (maple) ...... All except Canada, Europe (except planting, including, but not limited to, the Netherlands in accordance bulbs, minisetts, and yam-setts, may with § 319.37–5(m)), and Japan. be imported into the United States Actinidia spp. (Chinese All except Australia, Canada, without being treated in accordance gooseberry, kiwi). Japan, New Zealand, and Tai- with part 305 of this chapter if: wan. Aesculus spp. All except Canada, Czech Republic, (1) They are imported from Japan. (horsechestnut). Germany, Romania, Slovakia, (2) They are imported from the Do- United Kingdom. minican Republic into Puerto Rico. Althaea spp. (althaea, All except Africa, Bangladesh, Can- hollyhock). ada, India, and Sri Lanka. (3) They are imported from the West Berberis spp. (barberry) All. Indies into the U.S. Virgin Islands. destined to any State except the eradi- [72 FR 43521, Aug. 6, 2007, as amended at 75 cation States listed in FR 17294, Apr. 6, 2010; 75 FR 68952, Nov. 10, § 301.38–2a of this 2010; 76 FR 67583, Nov. 2, 2011; 79 FR 19810, chapter (plants of all Apr. 10, 2014; 79 FR 74593, Dec. 16, 2014] species and horti- cultural varieties des- ignated as resistant § 319.37–7 Postentry quarantine. to black stem rust in accordance with (a) The following restricted articles, § 301.38–1 of this from the designated countries and lo- chapter). calities, and any increase therefrom Blighia sapida (akee) ... All except Canada, Cote d’Ivoire, must be grown under postentry quar- and Nigeria. antine conditions specified in para- Bromeliaceae All. (bromeliads) destined graphs (c) and (d) of this section, and to Hawaii. may be imported or offered for impor- Brugmansia spp...... All except Canada and Colombia. tation into the United States only: Cedrus spp. (cedar) ..... All except Canada and Europe. Chaenomeles spp. Countries listed in § 319.37–5(b) (flowering quince) except Canada. 6 Criteria for the approval of heat treat- meeting the condi- ment facilities are contained in part 305 of tions for importation this chapter. in § 319.37–5(b).

274

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–7

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

Chrysanthemum spp. All except Asia, Europe, South Mahoberberis spp. des- All. (chrysanthemum), in- America, Australia, Mexico, New tined to any State ex- cludes Zealand, Oceania (Melanesia, Mi- cept the eradication Dendranthema spp.), cronesia, and Polynesia), Repub- States listed in meeting the condi- lic of South Africa, and Tunisia. § 301.38–2a of this tions for importation chapter (plants of all in § 319.37–5. species and horti- Crataegus monogyna Europe. cultural varieties des- Jacq. (hawthorne, ignated as resistant thorneapple, red to black stem rust in haw). accordance with Crocosmia spp. All except Africa, Argentina, Brazil, § 301.38–1 of this (montebretia) (except Canada, France, Italy, Luxem- chapter). bulbs) not meeting bourg, Malta, Mauritius, Portugal, Mahonia spp. All. the conditions for im- Spain, and Uruguay. (mahonia) destined portation in § 319.37– to any State except 5(l). the eradication Cydonia spp. (quince) Countries listed in § 319.37–5(b) States listed in meeting the condi- except Canada. § 301.38–2a of this tions for importation chapter (plants of all in § 319.37–5(b). species and horti- cultural varieties des- Datura spp...... All except Canada and India. ignated as resistant Datura spp. (woody (See Brugmansia spp.) to black stem rust in species). accordance with Dendranthema spp. See Chrysanthemum spp. § 301.38–1 of this (chrysanthemum). chapter). Dianthus spp. (carna- Great Britain, and the Netherlands Malus spp. (apple, All countries listed in § 319.37–5(b). tion, sweet-william). unless exempted from postentry crabapple) meeting quarantine conditions pursuant to the conditions for im- § 319.37–5(d), and all other coun- portation in § 319.37– tries and localities except Can- 5(b). ada. Mespilus germanica Countries listed in § 319.37–5(b) Eucalyptus spp ...... All except Canada, Europe, Sri (medlar). except Canada. Lanka, and Uruguay. Morus spp. (mulberry) All except Canada, India, Japan, Euonymus spp. All except Canada, Japan, and Eu- Korea, People’s Republic of (euonymus). rope. China, Thailand, and the geo- Fruit and nut articles All except Canada. graphic area formerly known as listed by common the Union of Soviet Socialist Re- name in paragraph publics. (b) of this section. Nipponathemum All except Asia, Europe, South Gladiolus spp. (glad- All except Africa, Argentina, Brazil, nipponicum meeting America, Australia, Mexico, New iolus) (except bulbs) Canada, France, Italy, Luxem- the conditions for im- Zealand, Oceania (Melanesia, Mi- not meeting the con- bourg, Malta, Mauritius, Portugal, portation in § 319.37– cronesia, and Polynesia), Repub- dition for importation Spain, and Uruguay. 5. lic of South Africa, and Tunisia. in § 319.37–5(l). Nut and fruit articles (see fruit and nut ar- Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, ticles). hibiscus, rose mal- and India. Passiflora spp. (pas- All except Canada. low). sion fruit, granadilla). Humulus spp. (hops) ... All. Philadelphus spp. All except Canada and Europe. Hydrangea spp. (hy- All except Canada and Japan. (mock orange). drangea). Picea spp. (spruce) ..... All except Canada, Europe, Japan, Jasminum spp. jas- All except Canada, Belgium, Ger- and Siberia. mine). many, Great Britain, India, and Pinus spp. (pine) (2-or- All except Canada, Europe, and the Philippines. 3 leaved). Japan. Juniperus spp. (juniper) All except Canada and Europe. Populus spp. (aspen, All except Canada and Europe. Larix spp. (larch) ...... All except Canada, Japan, and Eu- cottonwood, poplar). rope. Prunus spp. meeting The Netherlands. Leucanthemella All except Asia, Europe, South the conditions for im- serotina meeting the America, Australia, Mexico, New portation in § 319.37– conditions for impor- Zealand, Oceania (Melanesia, Mi- 5(b). tation in § 319.37–5. cronesia, and Polynesia), Repub- Pseudolarix spp. (gold- All except Canada, Japan, and Eu- lic of South Africa, and Tunisia. en larch). rope. Ligustrum spp. (privet) All except Canada and Europe. Pseudotsuga spp. All except Canada and Europe. (Douglas fir). Pyrus spp. (pear) meet- Countries listed in § 319.37–5(b) ing the conditions for except Canada. importation in § 319.37–5(b). Quercus spp. (oak) ...... All except Canada and Japan. Ribes spp...... All except Canada, Europe, and New Zealand.

275

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–7 7 CFR Ch. III (1–1–18 Edition)

Restricted Article (ex- Foreign Country(ies) or Locality(ies) Melicoccus—honeyberry, mamoncilla, spanish cluding seeds) from which imported , genip Nephelium—rambutan, pulasan Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- Olea—olive ada, Italy, and New Zealand. Persea—avocado, alligator pear Rubus spp. All unless exempted from postentry (cloudberry, black- quarantine conditions pursuant to Phyllanthus—otaheite-gooseberry berry, boysenberry, § 319.37–5(e). Pistacia—pistachio dewberry, logan- Psidium—guava, guayala berry, raspberry). Punica—pomegranate, granada Salix spp. (willow) ...... All of Europe (except Belgium, Ger- Pyronia—quinpear many, Great Britain, and the Rhodomyrtus—hill gooseberry, rose myrtle Netherlands). Spondias—yellow mombin, red mombin, hog Sorbus spp. (mountain All except Canada, Czech Republic, plum ash). Denmark, Germany, and Slo- Syzygium—Malayapple, rose apple, java plum vakia. Syringa spp. (lilac)...... The Netherlands, if the articles Vaccinium—blueberry, cranberry meet the conditions for importa- Ziziphus—jujube tion in § 319.37–5(i), and all other (c) State Postentry quarantine agree- places except Canada and Eu- rope. ment. (1) Articles required to undergo Ulmus spp. (elm) ...... All except Canada and Europe. postentry quarantine in accordance Watsonia spp. (bugle All except Africa, Argentina, Brazil, with this section may only be imported lily) (except bulbs) Canada, France, Italy, Luxem- if destined for postentry quarantine not meeting the con- bourg, Malta, Mauritius, Portugal, ditions for importation Spain, and Uruguay. growing in a State which has entered in § 319.37–5(l). into a written agreement with the Ani- mal and Plant Health Inspection Serv- (b) Fruit and nut articles (common ice, signed by the Administrator or his names are listed after scientific or her designee and by the State Plant names). Regulatory Official. In accordance with Achras—(Synonym for Manilkara) the laws of individual States, inspec- Annona—custard apple, cherimoya, sweetsop, tion and other postentry quarantine sugarapple, soursop, bullock’s heart, alli- services provided by a State may be gator apple, suncoya, ilama, guanabana, subject to charges imposed by the pond apple State. Anacardium—cashew (i) The following States have entered Artocarpus—breadfruit, jackfruit into a postentry quarantine agreement Averrhoa—carambola in accordance with this paragraph: All Carica—papaya, pawpaw U.S. States and Territories. Carissa—natal plum (ii) [Reserved] Ceratonia—St. Johnsbread (2) In any such written agreement, Chrysobalanus—coco plum Chrysophyllum—starapple the State shall agree to: Corylus—filbert, hazel, hazelnut, cobnut (i) Establish State regulations and Crataegus—hawthorne requirements prior to the effective Diospyros—persimmon, kaki, mabola date of the agreement and enforce such Durio—durian regulations and requirements nec- Eriobotrya—loquat, Japanese medlar, Japa- essary to inspect sites and plants grow- nese plum ing in postentry quarantine and to Euphoria—longan monitor and enforce compliance with Eugenia—roseapple, Malayapple, postentry quarantine growing in ac- Curacaoapple Feijoa—feijoa, pineapple guava (except from cordance with this section; New Zealand if accompanied by a (ii) Review pending permit applica- phytosanitary certificate of inspection in tions for articles to be grown under accordance with § 319.37–5(k)) postentry quarantine conditions in the Ficus—fig State, upon request of Plant Protec- Garcinia—mangosteen, gourka tion and Quarantine, and report to the Juglans—walnut, butternut, heartnut, National Postentry Quarantine Coordi- regranut, buartnut nator of Plant Protection and Quar- Lansium—langsat antine whether the State would be able Litchi—lychee, leechee Macadamia—macadamia nut, queensland nut to provide inspection and monitoring Malpighia—Barbados cherry services for the proposed postentry Mammea—mammeapple, mamey quarantine; Mangifera—mango (iii) Provide the services of State in- Manilkara—sapodilla spectors to: inspect sites to be used for

276

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–7

postentry quarantine; report to the Na- (4) Termination of State postentry quar- tional Postentry Quarantine Coordi- antine agreement. A State postentry nator of Plant Protection and Quar- quarantine agreement may be termi- antine whether the site is of adequate nated by either the Administrator or size to contain the number of plants the State Plant Regulatory Official by proposed for importation, including po- giving written notice of termination to tential increase if increase is allowed; the other party. The effective date of inspect plants for evidence of quar- the termination will be 60 days after antine pests at least once during the the date of actual receipt of notice, first year and once during the second with regard to future importation to year for plants required to be grown in that State of articles requiring postentry quarantine for 2 years, and postentry quarantine in accordance at least once for plants required to be with this section. When a postentry grown in quarantine for less than 2 quarantine agreement is terminated by years; and monitor and enforce compli- either the State Plant Regulatory Offi- ance with the requirements of this sec- cial or the Administrator, APHIS and tion during the use of the sites for postentry quarantine; the affected State shall continue to (iv) Report to the National Postentry provide postentry quarantine services Quarantine Coordinatorof Plant Pro- in accordance with the postentry quar- tection and Quarantine any evidence of antine agreement, until the time the quarantine pests that are found at a plant material is eligible to be released postentry quarantine site by State in- from quarantine, for all postentry spectors; recommend to Plant Protec- quarantine material already in the tion and Quarantine safeguards or State, and for all postentry quarantine mitigation measures to control the material that arrives in the State prior pests; and supervise the application of to the effective date of termination. safeguards or mitigation measures ap- (d) Postentry quarantine growing agree- proved by Plant Protection and Quar- ments. Any restricted article required antine; and to be grown under postentry quar- (v) Report to the National Postentry antine conditions, as well as any in- Quarantine Coordinatorof Plant Pro- crease therefrom, shall be grown in ac- tection and Quarantine any propaga- cordance with a postentry quarantine tion or increase in the number of growing agreement signed by the per- plants that occurs during postentry son (the importer) applying for a con- quarantine. trolled import permit in accordance (3) In any such written agreement, with § 319.6 for importation of the arti- the Administrator shall agree to: cle and submitted to Plant Protection (i) Seek State review of permit appli- and Quarantine. On each postentry cations for postentry quarantine mate- quarantine growing agreement, APHIS rial in that State, and issue permits shall also obtain the signature of the only after determining that State serv- State Plant Regulatory Official for the ices are available to monitor the State in which regulated articles cov- postentry quarantine; ered by the agreement will be grown. (ii) Upon request of the State, pro- The postentry quarantine growing vide training, technical advice, and agreement shall specify the kind, num- pest identification services to State of- ficials involved in providing postentry ber, and origin of plants to be im- quarantine services in accordance with ported, and shall certify to APHIS and this section; to the State in which the articles are (iii) Notify State officials, in writing grown that the signer of the agreement and within ten days of the arrival, will comply with the following condi- when plant material destined for tions for the period of time specified postentry quarantine in their State ar- below: rives in the United States, and notify (1) To grow such article or increase State officials in writing when mate- therefrom only on specified premises rials in postentry quarantine may be owned, rented, or otherwise in posses- released from quarantine in their sion of the importer, within a space of State. dimensions designated by an inspector,

277

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–7 7 CFR Ch. III (1–1–18 Edition)

and to move, propagate, or allow prop- article of Chrysanthemum spp., agation of the article or increase there- Dendranthema spp, Leucanthemella from or parts thereof only with the serotina, and Nipponanthemum written permission of the coordinator, nipponicum, for a period of 1 year after National Postentry Quarantine Coordi- importation for an article of Dianthus nator, USDA, APHIS, PPQ, 4700 River spp. (carnation, sweet-william), and for Road, Unit 133 Riverdale, MD 20737– a period of 9 months after importation 1236; for an article of Hydrangea spp. (2) To permit an inspector to have ac- (iii) To grow the article or increase cess to the specified premises for in- therefrom, if an article of Humulus spp. spection of such article during regular (hops), a meristem culture of the im- business hours; ported plant will be observed for 6 (3) To keep the article and any in- months, and the original plant will be crease therefrom identified with a label destroyed after the meristem culture is showing the name of the article, port established. After the 6-month observa- accession number, and date of importa- tion, the meristem culture-generated tion; plant must remain in postentry quar- (4) To keep the article separated antine for an additional year. from any other plant or plant product (8) To keep the article under by no less than 3 meters (approxi- postentry quarantine conditions until mately 10 feet) unless such other plant the National Postentry Quarantine Co- or plant product is of the same genus ordinator issues a written release for as the article, entered postentry quar- the article. antine with the article, and arrived to- (e) A completed postentry quarantine gether with the article in a single ship- agreement shall accompany the appli- ment from a foreign region; cation for a written permit for an arti- (5) To allow or apply remedial meas- cle required to be grown under ures (including destruction) deter- postentry quarantine conditions. 7 mined by an inspector to be necessary (f) Inspector-ordered disposal, move- to prevent the spread of a quarantine ment, or safeguarding of restricted arti- pest; cles; costs and charges, civil and criminal (6) To notify an inspector, orally or liabilities—(1) Growing at unauthorized in writing, within 30 days of the time sites. If an inspector determines that the importer or the person in charge of any article subject to the postentry the growing site finds any abnormality quarantine growing requirements of of the article, or the article dies or is this section, or any increase therefrom, killed by the importer, the person in is being grown at an unauthorized site, charge of the growing site, or any the inspector may file an emergency other person; to retain the abnormal or action notification (PPQ form 523) with dead article for at least 60 days fol- the owner of the article or the person lowing that date of notification; and to who owns or is in possession of the site give the abnormal or dead article to an on which the article is being grown. inspector upon request; The person named in the form 523 (7) To grow the article or increase must, within the time specified in form therefrom in postentry quarantine for 523, sign a postentry quarantine grow- a period of 2 years unless specified oth- ing agreement, destroy, ship to a point erwise in the following: outside the United States, move to an (i) To grow the article or increase authorized postentry quarantine site, therefrom, if an article of Rubus spp. and/or apply treatments or other safe- (cloudberry, blackberry, boysenberry, guards to the article, the increase dewberry, loganberry, raspberry) from Europe, only in a screenhouse with 7 Postentry quarantine agreement forms screening of a minimum of 16 mesh per are available without charge from the Ani- inch. mal and Plant Health Inspection Service, (ii) To grow the article or increase Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit therefrom only in a greenhouse or 136, Riverdale, Maryland 20737–1236, or local other enclosed building, and to comply offices of the Plant Protection and Quar- with the above conditions for a period antine Programs which are listed in tele- of 6 months after importation for an phone directories.

278

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–8

therefrom, or any portion of the article survival, and the availability of treat- or the increase therefrom, as pre- ment facilities. scribed by an inspector to prevent the (3) Costs and charges. All costs pursu- introduction of quarantine pests into ant to any action ordered by an inspec- the United States. In choosing which tor in accordance with this section action to order and in setting the time shall be borne by the person who signed limit for the action, the inspector shall the postentry quarantine growing consider the degree of pest risk pre- agreement covering the site where the sented by the quarantine pest(s) associ- articles were grown, or if no such ated with the kind of article (including agreement was signed, by the owner of increase therefrom), the types of other the articles at the growing site. host materials for the pest in or near (4) Civil and criminal liabilities. Any the growing site, the climate and sea- person who moves an article subject to son at the site in relation to the pest’s postentry quarantine growing require- survival, and the availability of treat- ments from the site specified for that ment facilities. article in an authorized postentry (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- [45 FR 31585, May 13, 1980] ducing quarantine pests into the United States, the inspector shall issue EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 319.37–7, see the List of an emergency action notification (PPQ CFR Sections Affected, which appears in the form 523) to the person who signed the Finding Aids section of the printed volume postentry quarantine growing agree- and at www.fdsys.gov. ment. That person shall be responsible for carrying out all actions specified in § 319.37–8 Growing media. the emergency action notification. The (a) Any restricted article at the time emergency action notification may ex- of importation or offer for importation tend the time for which the articles into the United States shall be free of and the increase therefrom must be sand, soil, earth, and other growing grown under the postentry quarantine media, except as provided in paragraph conditions specified in the authorized (b), (c), (d) or (e) of this section. postentry quarantine growing agree- (b)(1) A restricted article from Can- ment, or may require that the person ada may be imported in any growing named in the notification must de- medium, except as restricted in para- stroy, ship to a point outside the graph (b)(2) of this section. United States, or apply treatments or (2) A restricted article from all areas other safeguards to the article, the in- of Canada regulated by the national crease therefrom, or any portion of the plant protection organization of Can- article or the increase therefrom, with- ada for potato cyst nematode may only in the time specified in the emergency be imported in an approved growing action notification. In choosing which medium if the phytosanitary certifi- action to order and in setting the time cate accompanying it contains an addi- limit for the action, the inspector shall tional declaration that that the plants consider the degree of pest risk pre- were grown in a manner to prevent in- sented by the quarantine pest(s) associ- festation by potato cyst nematodes ated with the kind of article (including (Globodera rostochiensis and G. pallida). increase therefrom), the types of other (c) A restricted article growing solely host materials for the pest in or near in agar or in other agar-like tissue cul- the growing site, the climate and sea- ture medium may be imported estab- son at the site in relation to the pest’s lished in such growing media.

279

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–8 7 CFR Ch. III (1–1–18 Edition)

(d) Epiphytic plants (including orchid polystyrene, polyurethane, rock wool, plants) established solely on tree fern sphagnum moss, ureaformaldehyde, slabs, coconut husks, coconut fiber, stockosorb superabsorbent polymer, new clay pots, or new wooden baskets vermiculite, volcanic rock, or zeolite, may be imported on such growing or any combination of these media. media. New wooden baskets must meet Growing media must not have been all applicable requirements in §§ 319.40– previously used. 1 through 319.40–11. (2) Articles imported under this para- (e) A restricted article of any of the graph must be grown in compliance following groups of plants may be im- with a written agreement for enforce- ported established in an approved ment of this section signed by the growing medium listed in this para- plant protection service of the country graph if the restricted article meets where grown and Plant Protection and the conditions of this paragraph and is Quarantine, must be developed from accompanied by a phytosanitary cer- mother stock that was inspected and tificate issued by the plant protection found free from evidence of quarantine service of the country in which the re- pests by an APHIS inspector or foreign stricted article was grown that de- plant protection service inspector no clares that the restricted article meets more than 60 days prior to the time the the conditions of this paragraph: article is established in the greenhouse Alstroemeria (except for articles developed from Ananas 8 seeds germinated in the greenhouse), Anthurium and must be: Artificially dwarfed (penjing) plants from (i) Grown in compliance with a writ- the People’s Republic of China of the fol- ten agreement between the grower and lowing plant species: Buxus sinica, Ehretia the plant protection service of the microphylla, Podocarpus macrophyllus, country where the article is grown, in Sageretia thea, and Serissa foetida. which the grower agrees to comply Bromeliad plants of the genera Aechmea, with the provisions of this section and Cryptanthus, Guzmania, Hohenbergia, Neoregelia, Tillandsia, and Vriesea from Bel- to allow inspectors, and representa- gium, Denmark, and the Netherlands. 9 tives of the plant protection service of Begonia the country where the article is grown, Cymbidium spp. from the Republic of Korea access to the growing facility as nec- Gloxinia (=Sinningia) essary to monitor compliance with the Nidularium 10 provisions of this section; Oncidium spp. from Taiwan (ii) Grown solely in a greenhouse in Peperomia Phalaenopsis spp. from Taiwan, the People’s which sanitary procedures adequate to Republic of China, and the Republic of exclude quarantine pests are always Korea employed, including cleaning and dis- Polypodiophyta (=Filicales) (ferns) infection of floors, benches and tools, Rhipsalidopsis spp. from the Netherlands and and the application of measures to pro- Denmark tect against any quarantine pests . The Rhododendron from Europe greenhouse must be free from sand and Saintpaulia Schlumbergera spp. from the Netherlands and soil and must have screening with Denmark openings of not more than 0.6 mm (0.2 Solanum lycopersicum from Mexico. mm for greenhouses growing Rhododen- dron spp.) on all vents and openings ex- (1) Approved growing media are cept entryways. All entryways must be baked expanded clay pellets, coal cin- der, coir, cork, glass wool, organic and equipped with automatic closing doors; inorganic fibers, peat, perlite, phenol (iii) Rooted and grown in an active formaldehyde, plastic particles, poly- state of foliar growth for at least four ethylene, polymer stabilized starch, consecutive months immediately prior to importation into the United States, in a greenhouse unit that is used solely 8 These articles are bromeliads, and if im- for articles grown in compliance with ported into Hawaii, bromeliads are subject to postentry quarantine in accordance with this paragraph; § 319.7–7. (iv) Grown from seeds germinated in 9 See footnote 8. the greenhouse unit; or descended from 10 See footnote 8. a mother plant that was grown for at

280

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–8

least 9 months in the exporting coun- (A) Have received a pesticide dip pre- try prior to importation into the scribed by the plant protection service United States of the descendent plants, of the exporting country for mites, provided that if the mother plant was scale insects, and whitefly; and imported into the exporting country (B) Have been grown for at least the from another country, it must be: previous 6 months in a greenhouse that (A) Grown for at least 12 months in meets the requirements of § 319.37– the exporting country prior to impor- 8(e)(2)(ii); and tation of the descendent plants into (xi) Plants of the species Buxus the United States, or sinica, Ehretia microphylla, Podocarpus (B) Treated at the time of importa- macrophyllus, Sageretia thea, and Serissa tion into the exporting country with a foetida from the People’s Republic of treatment prescribed for quarantine China must also meet the following pests of that plant by the plant protec- conditions: tion service of the exporting country (A) Propagative cuttings. The propa- and then grown for at least 9 months in gative materials used to produce the the exporting country prior to impor- artificially dwarfed (penjing) plants tation of the descendent plants into may enter an approved greenhouse the United States; only as seeds, tissue cultures, unrooted (v) Watered only with rainwater that cuttings, or rooted cuttings with no has been boiled or pasteurized, with growing media. Rooted cuttings may clean well water, or with potable not be established or grown in soil at water; any time. Rooted cuttings may be es- (vi) Rooted and grown in approved tablished in a greenhouse or outside growing media listed in § 319.37–8(e)(1) the greenhouse on raised benches (46 on benches supported by legs and cm in height) in pots containing only raised at least 46 cm above the floor; APHIS approved growing media. (vii) Stored and packaged only in (B) Inspection and treatment. When areas free of sand, soil, earth, and quar- any cuttings are introduced into the antine pests; greenhouse, they must be free of grow- (viii) Inspected in the greenhouse and ing media, inspected, and found free of found free from evidence of quarantine quarantine pests and then treated with pests by an APHIS inspector or an in- a pesticide dip approved by the Animal spector of the plant protection service and Plant Quarantine Service of the of the exporting country, no more than People’s Republic of China that will 30 days prior to the date of export to control mites, scale insects, whiteflies, the United States; thrips, and fungi. The artificially (ix) For Rhododendron species only, dwarfed (penjing) plants must be propa- the plants must be propagated from gated from mother plants that have mother plants that have been visually been visually inspected by an APHIS inspected by an APHIS inspector or an inspector or an inspector of the Animal inspector of the plant protection serv- and Plant Quarantine Service of the ice of the exporting country and found People’s Republic of China and found free of evidence of diseases caused by free of the following pests: the following pathogens: Chrysomyxa (1) For Buxus sinica: Guignardia ledi var. rhododendri, Erysiphe miribelii, Macrophoma ehretia, Meliola cruciferarum, Erysiphe rhododendri, buxicola, and Puccinia buxi. Exobasidium vaccinnum and vaccinum (2) For Ehretia microphylla: var. japonicum, and Phomopsis theae; Macrophoma ehretia, Phakopsora (x) For Rhododendron species only, ehretiae, Pseudocercosporella ehretiae, the plants must be grown solely in a Pseudocercospora ehretiae-thyrsiflora, greenhouse equipped with automatic Uncinula ehretiae, Uredo ehretiae, and closing double doors of an airlock type, Uredo garanbiensis. so that whenever one of the doors in an (3) For Podocarpus macrophyllus: entryway is open the other is closed, Pestalosphaeria jinggangensis, Pestalotia and the plants must be introduced into diospyri, Phellinus noxius, and the greenhouse as tissue cultures or as Sphaerella podocarpi. rootless stem cuttings from mother (4) For Sageretia thea: Aecidium plants that: sageretiae.

281

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–8 7 CFR Ch. III (1–1–18 Edition)

(5) For Serissa foetida: Melampsora (1) If there is a written agreement be- serissicola. tween Plant Protection and Quarantine (C) Growing. The artificially dwarfed and the plant protection service of the (penjing) plants must be grown in an country where the article is grown in approved greenhouse for at least 6 which the plant protection service of months immediately prior to export. the country where the article is grown (D) Additional treatments. While in the agrees to implement a program in com- greenhouse, plants must be treated pliance with the provisions of this sec- with appropriate pesticides at least tion; once every 10 days or as needed for (2) If there is a written agreement be- three months before shipping to main- tween the grower of the article and the tain a pest-free condition. plant protection service of the country (xii) Plantlets of Solanum lycopersicum from Mexico must also in which the article is grown wherein meet the following conditions: the grower agrees to comply with the (A) The plantlets must be produced provisions of this section, wherein the in accordance with § 319.37–5(r)(3); grower agrees to allow an inspector ac- (B) The plantlets can only be im- cess to the growing facility as nec- ported into the continental United essary to monitor compliance with the States, and may not be imported into provisions of this section, and wherein Hawaii or the territories of the United the grower agrees to allow representa- States; and tives of the plant protection service of (C) The plantlets must be imported the country in which the article is from Mexico directly into a greenhouse grown access to the growing facility as in the continental United States, the necessary to make determinations con- owner or owners of which have entered cerning compliance with the provisions into a compliance agreement with of this section; APHIS. The required compliance agree- (3) If: (i) Inspected immediately prior ment will specify the conditions under to the growing period by the plant pro- which the plants must enter and be tection service of the country in which maintained within the greenhouse, and the article is to be grown and found to will prohibit the plantlets from being be free of quarantine pests; moved from the greenhouse following (ii) Grown throughout its growing pe- importation, other than for the appro- riod only in a coldroom (with tempera- priate disposal of dead plantlets. ° ° (D) If all of the above requirements tures not exceeding 9 C. (48 F.)) with- are correctly complied with, then the in an enclosed building; tomato fruit produced from the im- (iii) Grown only in a coldroom unit ported greenhouse plantlets may be solely used for articles grown under all shipped from the greenhouses for com- the criteria specified in this paragraph mercial sale within the United States. (f); (xiii) Plants for planting of (iv) Grown only in unused peat, Phalaenopsis spp. from the People’s Re- sphagnum moss, or vermiculite grow- public of China and Phalaenopsis spp. ing media; or grown only in synthetic and Cymbidium spp. from the Republic growing media or synthetic horti- of Korea may only be imported into the cultural foams, i.e., plastic particles, continental United States, and may glass wool, organic and inorganic fi- not be imported or moved into Hawaii bers, polyurethane, polystyrene, poly- or the territories of the United States. ethylene, phenol formaldehyde, (f) A restricted article of Hyacinthus ureaformaldehyde; spp. (hyacinth) may be imported estab- (v) Watered only with clean rain- lished in unused peat, sphagnum moss, water that has been pasteurized, with or vermiculite growing media, or in clean well water, or with potable synthetic growing media or synthetic water; horticultural foams, i.e., plastic par- ticles, glass wool, organic and inor- (vi) Grown in a coldroom free of sand, ganic fibers, polyurethane, poly- soil, or earth; styrene, polyethylene, phenol form- (vii) Grown only in a coldroom where aldehyde, or ureaformaldehyde: strict sanitary procedures are always

282

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–10

practiced, i.e., cleaning and disinfec- the plants were packed in the packing tion of floors and tools and the applica- material immediately prior to ship- tion of measures to protect against any ment; such packing material is free quarantine pests; and from sand, soil, or earth (except for (viii) Stored only in areas found free sand designated below); has not been of sand, soil, earth, quarantine pests; used previously as packing material or (4) If appropriate measures have been otherwise; and is listed below: taken to assure that the article is to be stored, packaged, and shipped free of Baked or expanded clay pellets. Buckwheat hulls. quarantine pests; Coral sand from Bermuda, if the article (5) If accompanied by a packed in such sand is accompanied by a phytosanitary certificate of inspection phytosanitary certificate of inspection containing an accurate additional dec- containing an accurate additional declara- laration from the plant protection tion from the plant protection service of service of the country in which grown Bermuda that such sand was free from soil. that the article meets conditions of Excelsior. growing, storing, and shipping in com- Exfoliated vermiculite. pliance with 7 CFR 319.37–8(f); and Ground cork. (6) If the accompanying Ground peat. Ground rubber. phytosanitary certificate of inspection Paper. is endorsed by a Plant Protection and Perlite. Quarantine inspector in the country of Polymer stabilized cellulose. origin or at the time of offer for impor- Quarry gravel. tation, representing a finding based on Rock wool. monitoring inspections that the condi- Sawdust. tions listed above are being met. Shavings—wood or cork. (g) Pest risk evaluation standards for Sphagnum moss. plants established in growing media. The Stockosorb superabsorbent polymer Vegetable fiber when free of pulp, including Animal and Plant Health Inspection coconut fiber and Osmunda fiber, but ex- Service will conduct a pest risk assess- cluding sugarcane fiber and cotton fiber. ment based on pest risk analysis guide- Volcanic rock. lines established by the International Plant Protection Convention of the [45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, United Nations’ Food and Agriculture 1995; 68 FR 50047, Aug. 20, 2003] Organization in response to each re- quest to allow the importation of addi- § 319.37–10 Marking and identity. tional taxa of plants in growing media. (a) Any restricted article for impor- These guidelines are available upon re- tation other than by mail, at the time quest by writing to USDA, APHIS, of importation or offer for importation PPQ, Center for Plant Health Science into the United States shall plainly and Technology, Plant Epidemiology and correctly bear on the outer con- and Risk Assessment Laboratory, 1017 tainer (if in a container) or the re- Main Campus Drive, Suite 2500, Ra- stricted article (if not in a container) leigh, NC 27606. the following information: (Approved by the Office of Management and (1) General nature and quantity of Budget under control numbers 0579–0266, the contents, 0579–0439, and 0579–0454) (2) Country and locality where [45 FR 31585, May 13, 1980] grown, (3) Name and address of shipper, EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 319.37–8, see the List of owner, or person shipping or for- CFR Sections Affected, which appears in the warding the article, Finding Aids section of the printed volume (4) Name and address of consignee, and at www.fdsys.gov. (5) Identifying shipper’s mark and number, and § 319.37–9 Approved packing material. (6) Number of written permit author- Any restricted article at the time of izing the importation if one was issued. importation or offer for importation (b) Any restricted article for impor- into the United States shall not be tation by mail shall be plainly and cor- packed in a packing material unless rectly addressed and mailed to the

283

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.37–11 7 CFR Ch. III (1–1–18 Edition)

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

11 Provisions relating to costs for other services of an inspector are contained in part 354.

284

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.37–14

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

LIST OF USDA PLANT INSPECTION STATIONS

State Port of entry Federal plant inspection station

Arizona ...... Nogales ...... Plant Inspection Station, 9 North Grand Avenue, Room 120, Nogales, AZ 85621. California ...... Long Beach, Los Angeles, San Los Angeles Inspection Station, 11840 S. La Cienega Blvd., Haw- Pedro. thorne, CA 90250. San Diego, San Ysidro ...... Plant Inspection Station, 9777 Via de la Amistad, Room 140, San Diego, CA 92154. Oakland, San Francisco ...... Plant Inspection Station, 389 Oyster Point Blvd., Suite 2, South San Francisco, CA 94080. Florida ...... Miami (Note: Restricted articles Plant Inspection Station, 6302 NW 36th Street, Miami, FL 33122. may be moved from Fort Lauder- dale to Miami under U.S. Cus- toms bond). Orlando ...... Plant Inspection Station, 3951 Centerport St., Orlando, FL 32827. Georgia ...... Atlanta ...... Hartsfield Perishable Complex, 1270 Woolman Place, Atlanta, GA 30354. Guam ...... Agana ...... Plant Inspection Station, 17–3306 Neptune Avenue, Tiyan, Barrigada, GU 96913. Hawaii ...... Honolulu (Airport) ...... Honolulu Inspection Station, Honolulu International Airport, 300 Rod- gers Boulevard, #58, Honolulu, HI 96819–1897. Maryland ...... Beltsville (Note: Plant germplasm National Plant Germplasm Inspection Station, Building 580, BARC only). East, Beltsville, MD 20705. New Jersey...... Elizabeth, New York (Maritime), Frances Krim Memorial Inspection Station, 2500 Brunswick Avenue, Newark. Building G, Linden, NJ 07036.

285

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–1 7 CFR Ch. III (1–1–18 Edition)

LIST OF USDA PLANT INSPECTION STATIONS—Continued

State Port of entry Federal plant inspection station

New York ...... Jamaica (JFK) ...... Plant Inspection Station, 230–59 International Airport Centers Boule- vard, Building C, Suite 100, Room 109, Jamaica, NY 11413. Puerto Rico ...... San Juan ...... Plant Inspection Station, 150 Central Sector, Building C–2, Warehouse 3, Carolina, PR 00979. Texas ...... Houston ...... Plant Inspection Station, 19581 Lee Road, Humble, TX 77338. Los Indios ...... Plant Inspection Station, P.O. Drawer Box 393, 100 Los Indios Boule- vard, Los Indios, TX 78567. Washington ...... Seattle ...... 835 S. 192nd Street, Suite 1600, Sea-Tac, WA 98148.

[72 FR 43522, Aug. 6, 2007, as amended at 78 Controlled import permit. A written or FR 24667, Apr. 26, 2013] electronically transmitted authoriza- tion issued by APHIS for the importa- Subpart—Logs, Lumber, and Other tion into the United States of other- Wood Articles wise prohibited or restricted plant ma- terial for experimental, therapeutic, or developmental purposes, under con- SOURCE: 60 FR 27674, May 25, 1995, unless trolled conditions as prescribed by the otherwise noted. Administrator in accordance with § 319.40–1 Definitions. § 319.6. Fines. Small particles or fragments of Administrator. The Administrator of wood, slightly larger than sawdust, the Animal and Plant Health Inspec- that result from chipping, sawing, or tion Service, United States Depart- processing wood. ment of Agriculture, or any employee Free from rot. No more than two per- of the United States Department of Ag- cent by weight of the regulated articles riculture delegated to act in his or her in a lot show visual evidence of fruc- stead. tification of fungi or growth of other APHIS. The Animal and Plant Health microorganisms that cause decay and Inspection Service, United States De- the breakdown of cell walls in the regu- partment of Agriculture. lated articles. Bark chips. Bark fragments broken or General permit. A written authoriza- shredded from log or branch surfaces. tion contained in § 319.40–3 for any per- Certificate. A certificate of inspection son to import the articles named by relating to a regulated article, which is the general permit, in accordance with issued by an official authorized by the the requirements specified by the gen- national government of the country in eral permit, without being issued a spe- which the regulated article was pro- cific permit. duced or grown, which is addressed to Humus, compost, and litter. Partially the plant protection service of the or wholly decayed plant matter. United States (Plant Protection and Import (imported, importation). To Quarantine Programs), which contains bring or move into the territorial lim- a description of the regulated article, its of the United States. which certifies that the regulated arti- Importer document. A written declara- cle has been inspected, is believed to be tion signed by the importer of regu- free of plant pests, and is believed to be lated articles, which must accompany eligible for importation pursuant to the regulated articles at the time of the laws and regulations of the United importation, in which the importer ac- States, and which may contain any curately declares information about specific additional declarations re- the regulated articles required to be quired under this subpart. disclosed by § 319.40–2(b). Compliance agreement. A written Inspector. Any individual authorized agreement between APHIS and a per- by the Administrator to enforce this son engaged in processing, handling, or subpart. moving regulated articles, in which the Log. The bole of a tree; trimmed tim- person agrees to comply with require- ber that has not been sawn further ments contained in the agreement. than to form cants.

286

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–1

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

287

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–2 7 CFR Ch. III (1–1–18 Edition)

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

288

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–3

(1) The article was imported in the tured wood for firewood; and small, same container or hold as a regulated noncommercial packages of unmanu- article; factured wood for personal cooking or (2) Other articles of the same type personal medicinal purposes. imported from the same country have (2) Commercial shipments allowed in been found to carry plant pests; or paragraph (a)(1) of this section are sub- (3) The article appears to be contami- ject to the inspection and other re- nated with regulated articles or soil. quirements in § 319.40–9 and must be ac- (f) In addition to meeting the re- companied by an importer document quirements of this subpart, bark and stating that they are derived from bark products and logs and pulpwood trees harvested in Canada or States in with bark attached, as well as cut trees Mexico adjacent to the United States (e.g., Christmas trees), imported from border. Canada are subject to the inspection (3) Noncommercial shipments al- and certification requirements for lowed in paragraph (a)(1) of this section gypsy moth in § 319.77–4 of this part. are subject to inspection and other re- quirements of § 319.40–9 and must be ac- (Approved by the Office of Management and Budget under control number 0579–0049) companied by an importer document or oral declaration stating that they are [60 FR 27674, May 25, 1995, as amended at 63 derived from trees harvested in Canada FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, or States in Mexico adjacent to the 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR 40878, July 19, 2006; 72 FR United States border. 39501, July 18, 2007; 78 FR 25571, May 2, 2013] (b) Regulated wood packaging material. Regulated wood packaging material, § 319.40–3 General permits; articles whether in actual use as packing for that may be imported without a regulated or nonregulated articles or specific permit; articles that may be imported as cargo, may be imported imported without either a specific into the United States under a general permit or an importer document. permit in accordance with the fol- (a) Canada and Mexico. (1) The fol- lowing conditions: lowing articles may be imported into (1) The wood packaging material the United States under general per- must have been treated in accordance mit: with part 305 of this chapter. (i) From Canada: Regulated articles, (2) Marking. The wood packaging ma- other than the following: terial must be marked in a visible loca- (A) Regulated articles of the sub- tion on each article, preferably on at families Aurantioideae, Rutoideae, and least two opposite sides of the article, Toddalioideae of the botanical family with a legible and permanent mark Rutaceae, and; that indicates that the article meets (B) Regulated articles of pine (Pinus the requirements of this paragraph. spp.) that are not completely free of The mark must be approved by the bark from Provinces in Canada that International Plant Protection Con- are considered to be infested or par- vention in its International Standards tially infested with pine shoot beetle for Phytosanitary Measures to certify (Tomicus pinniperda), as determined by that wood packaging material has been the Canadian Food Inspection Agency, subjected to an approved measure, and and that are moving to a United States must include a unique graphic symbol, facility operating under a compliance the ISO two-letter country code for the agreement for specified handling or country that produced the wood pack- processing under the provisions of aging material, a unique number as- § 319.40–8. signed by the national plant protection (C) Regulated articles of Fraxinus agency of that country to the producer spp. (ash), which are subject to the re- of the wood packaging material, and an quirements in § 319.40–5(n). abbreviation disclosing the type of (ii) From States in Mexico adjacent treatment (e.g., HT for heat treatment to the United States: Commercial and or MB for methyl bromide fumigation). noncommercial shipments of mesquite The currently approved format for the wood for cooking; commercial and non- mark is as follows, where XX would be commercial shipments of unmanufac- replaced by the country code, 000 by

289

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–4 7 CFR Ch. III (1–1–18 Edition)

the producer number, and YY by the treatment type (HT or MB):

(3) Immediate reexport of regulated leaves and seeds and has been sawn or wood packaging material without required split lengthwise and dried may be im- mark. An inspector at the port of first ported subject to the inspection and arrival may order the immediate reex- other requirements in § 319.40–9 and port of regulated wood packaging ma- without further restriction under this terial that is imported without the subpart. mark required by paragraph (b)(2) of (e) Regulated articles the permit process this section, in addition to or in lieu of has determined to present no plant pest any port of first arrival procedures re- risk. Regulated articles for which a spe- quired by § 319.40–9 of this part. cific permit has been issued in accord- (4) Exception for Department of De- ance with § 319.40–4(b)(2)(i) may be im- fense. Regulated wood packaging mate- ported without other restriction under rial used by the Department of Defense this subpart, except that they are sub- (DOD) of the U.S. Government to pack- ject to the inspection and other re- age nonregulated articles, including quirements in § 319.40–9. commercial shipments pursuant to a (Approved by the Office of Management and DOD contract, may be imported into Budget under control numbers 0579–0049 and the United States without the mark re- 0579–0257) quired by paragraph (b)(2) of this sec- [60 FR 27674, May 25, 1995, as amended at 63 tion. FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, (Approved by the Office of Management and 1998; 69 FR 52418, Aug. 26, 2004; 69 FR 55732, Budget under control numbers 0579–0049 and Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR 0579–0225) 57386, Sept. 29, 2006; 72 FR 30462, 30467, June 1, 2007; 75 FR 4251, Jan. 26, 2010] (c) Loose wood packing materials. APHIS hereby issues a general permit § 319.40–4 Application for a permit to to import regulated articles authorized import regulated articles; issuance by this paragraph. Loose wood packing and withdrawal of permits. materials (whether in use as packing or (a) Application procedure. An applica- imported as cargo) that are dry may be tion for a permit must be obtained and imported subject to the inspection and submitted in accordance with §§ 319.7 other requirements in § 319.40–9 and through 319.7–5. without further restriction under this (b) Review of application and issuance subpart. of permit. After receipt and review of (d) Bamboo timber. APHIS hereby the application, APHIS shall determine issues a general permit to import regu- whether it appears that the regulated lated articles authorized by this para- article at the time of importation will graph. Bamboo timber which is free of meet either the specific importation

290

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR ER16SE04.000 Animal and Plant Health Inspection Service, USDA § 319.40–5

requirements in § 319.40–5 or the uni- culms or canes that are completely dry versal importation requirements in as evidenced by lack of moisture in § 319.40–6. node tissue may be imported into any (1) If it appears that the regulated ar- part of the United States subject to in- ticle proposed for importation will spection and other requirements of meet the requirements of either § 319.40–9. § 319.40–5 or § 319.40–6, a permit stating (b) Monterey pine logs and lumber from the applicable conditions for importa- Chile and New Zealand; Douglas-fir logs tion under this subpart shall be issued and lumber from New Zealand—(1) for the importation of the regulated ar- Logs—(i) Requirements prior to importa- ticle identified in the application. tion. Monterey or Radiata pine (Pinus (2) If it appears that the regulated ar- radiata) logs from Chile or New Zealand ticle proposed for importation will not and Douglas-fir (Pseudotsuga menziesii) meet the requirements of either logs from New Zealand that are accom- § 319.40–5 or § 319.40–6 because these sec- panied by a certificate stating that the tions do not address the particular reg- logs meet the requirements of para- ulated article identified in the applica- graph (b)(1)(i) (A) through (D) of this tion, APHIS shall review the applica- section, and that are consigned to a fa- tion by applying the plant pest risk as- cility in the United States that oper- sessment standards specified in § 319.40– ates in accordance with § 319.40–8, may 11. be imported in accordance with para- (i) If this review reveals that impor- graphs (b)(1)(i)(A) through (b)(1)(iii) of tation of the regulated article under a this section. permit and subject to the inspection and other requirements in § 319.40–9, (A) The logs must be from live but without any further conditions, healthy trees which are apparently free will not result in the introduction of of plant pests, plant pest damage, and plant pests into the United States, a decay organisms. permit for importation of the regulated (B) The logs must be debarked in ac- article shall be issued. The permit may cordance with § 319.40–7(b) prior to fu- only be issued in unique and unforeseen migation. circumstances when the importation of (C) The logs and any regulated wood the regulated article is not expected to packaging material to be used with the recur. logs during shipment to the United (ii) If this review reveals that the States must be fumigated in accord- regulated article may be imported ance with part 305 of this chapter with- under conditions that would reduce the in 45 days following the date the trees plant pest risk to an insignificant are felled and prior to arrival of the level, APHIS may implement rule- logs in the United States, in the holds making to add the additional condi- or in sealable containers. Fumigation tions to this subpart, and after the reg- must be conducted in the same sealable ulations are effective, may issue a per- container or hold in which the logs and mit for importation of the regulated regulated wood packaging material are article. exported to the United States. (Approved by the Office of Management and (D) During shipment to the United Budget under control number 0579–0049) States, no other regulated article is permitted on the means of conveyance [60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, with the logs, unless the logs and the 2004; 79 FR 19810, Apr. 10, 2014; 81 FR 40150, other regulated articles are in separate June 21, 2016] holds or separate sealed containers, or, if the logs and other regulated articles § 319.40–5 Importation and entry re- are mixed in a hold or sealed container, quirements for specified articles. the other regulated articles either have (a) Bamboo timber. Bamboo timber been heat treated with moisture reduc- consisting of whole culms or canes may tion in accordance with part 305 of this be imported into Guam or the Northern chapter, or have been fumigated in the Mariana Islands subject to inspection hold or sealable container in accord- and other requirements of § 319.40–9. ance with paragraph (b)(1)(i)(C) of this Bamboo timber consisting of whole section.

291

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–5 7 CFR Ch. III (1–1–18 Edition)

(ii) Requirements upon arrival in the under a compliance agreement in ac- United States. The following require- cordance with § 319.40–8. ments apply upon arrival of the logs in (2) Raw lumber. Raw lumber, includ- the United States. ing regulated wood packaging material (A) The logs must be kept segregated imported as cargo, from Chile or New from other regulated articles from the Zealand derived from Monterey or time of discharge from the means of Radiata pine (Pinus radiata) logs and conveyance until the logs are com- raw lumber from New Zealand derived pletely processed at a facility in the from Douglas-fir (Pseudotsuga menziesii) United States that operates under a logs may be imported in accordance compliance agreement in accordance with paragraphs (b)(2) (i) and (ii) of this with § 319.40–8. section. (B) The logs must be moved from the (i) During shipment to the United port of first arrival to the facility that States, no other regulated article operates under a compliance agree- (other than regulated wood packaging ment in accordance with § 319.40–8 by as material) is permitted on the means of direct a route as reasonably possible. conveyance with the raw lumber, un- (iii) Requirements at the processing fa- less the raw lumber and the other regu- cility. The logs must be consigned to a lated articles are in separate holds or facility operating under a compliance separate sealed containers; Except for mixed shipments of logs and raw lum- agreement in accordance with § 319.40–8 ber fumigated in accordance with part that includes the following require- 305 of this chapter and moved in ac- ments: cordance with paragraph (b)(1)(i)(D) of (A) Logs or any products generated this section. Raw lumber on the ves- from logs, including lumber, must be sel’s deck must be in a sealed con- heat treated in accordance with part tainer. 305 of this chapter, or heat treated with (ii) The raw lumber must be con- moisture reduction in accordance with signed to a facility operating under a part 305 of this chapter. compliance agreement in accordance (B) The logs, including sawdust, wood with § 319.40–8 that requires the raw chips, or other products generated from lumber to be heat treated in accord- the logs in the United States, must be ance with part 305 of this chapter or processed in accordance with para- heat treated with moisture reduction graph (b)(1)(iii) of this section within 60 in accordance with part 305 of this days from the time the logs are re- chapter before any cutting, planing, or leased from the port of first arrival. sawing of the raw lumber, and within (C) Sawdust, wood chips, and waste 30 days from the time the lumber is re- generated by sawing or processing the leased from the port of first arrival. logs must be disposed of by burning, (c) Tropical hardwoods—(1) Debarked. heat treatment in accordance with part Tropical hardwood logs and lumber 305 of this chapter , heat treatment that have been debarked in accordance with moisture reduction in accordance with § 319.40–7(b) may be imported sub- with part 305 of this chapter , or other ject to the inspection and other re- processing that will destroy any plant quirements of § 319.40–9. pests associated with the sawdust, (2) Not debarked. Tropical hardwood wood chips, and waste. Composting and logs that have not been debarked may use of the sawdust, wood chips, and be imported if fumigated in accordance waste as mulch are prohibited unless with part 305 of this chapter prior to composting and use as mulch are pre- arrival in the United States. ceded by fumigation in accordance (3) Not debarked; small lots. Tropical with part 305 of this chapter , heat hardwood logs that have not been de- treatment in accordance with part 305 barked may be imported into the of this chapter , or heat treatment United States, other than into Hawaii, with moisture reduction in accordance Puerto Rico, or the Virgin Islands of with part 305 of this chapter . Wood the United States, if imported in a lot chips, sawdust, and waste may be of 15 or fewer logs and subject to the moved in enclosed trucks for proc- inspection and other requirements of essing at another facility operating § 319.40–9.

292

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–5

(d) Temperate hardwoods. Temperate (3) Are fumigated in accordance with hardwood logs and lumber (with or part 305 of this chapter prior to arrival without bark) from all places except in the United States. places in Asia that are east of 60° East (m) Regulated articles of pine (Pinus Longitude and north of the Tropic of spp.) that are not completely free of bark Cancer may be imported if fumigated from Canada—(1) Cut pine Christmas in accordance with part 305 of this trees. Cut pine Christmas trees from chapter prior to arrival in the United Canada may be imported into the States and subject to the inspection United States only if they meet the fol- and other requirements of § 319.40–9. lowing requirements, as well as all (e) Regulated articles associated with other applicable requirements of this exclusively tropical climate pests. Regu- subpart: lated articles that have been identified (i) From noninfested Canadian Prov- by a plant pest risk assessment as asso- inces to all areas of the United States. ciated solely with plant pests that can Cut pine Christmas trees that origi- successfully become established only in nated in and were moved only through tropical or subtropical climates may be Canadian Provinces that are not con- imported if: sidered to be infested or partially in- (1) The regulated article is imported fested with pine shoot beetle (Tomicus only to a destination in the conti- piniperda), as determined by the Cana- nental United States; and, dian Food Inspection Agency (CFIA), may be imported into any area of the (2) the regulated article is not im- United States only if: ported into any tropical or subtropical (A) They are accompanied by a state- areas of the United States specified in ment of origin and movement that the permit. specifies the Canadian Province where (f) Cross-ties (railroad ties) from all the cut pine Christmas trees originated places, except places in Asia that are and, if applicable, the Province or ° east of 60 East Longitude and north of Provinces they were moved through, if the Tropic of Cancer, may be imported different from the Province of origin, if completely free of bark and accom- and also states that the cut pine panied by an importer document stat- Christmas trees originated in and were ing that the cross-ties will be pressure moved only through areas of Canada treated with a preservative within 30 not considered to be infested with pine days following the date of importation shoot beetle, as determined by the at a U.S. facility under compliance CFIA; agreement. Cross-ties (railroad ties) (B) The U.S. destination (including may also be imported if heat treated in county and State) is plainly indicated accordance with part 305 of this chap- on the cut pine Christmas trees or on ter. the outer covering or container; and (g) through (k) [Reserved] (C) If the cut pine Christmas trees (l) Cross-ties (railroad ties) and pine are to be moved through an area of the and fir lumber from Mexican States adja- United States quarantined for pine cent to the United States/Mexico border. 1 shoot beetle, as provided in § 301.50–3 of Cross-ties (railroad ties) 8 inches or this chapter, en route to an area or less at maximum thickness and lumber areas in the United States not quar- derived from pine and fir may be im- antined for pine shoot beetle during ported from Mexican States adjacent the period of January through Sep- to the United States/Mexico border tember when the temperature is 10 °C into the United States if they: (50 °F) or higher, then the cut pine (1) Originate from Mexican States ad- Christmas trees are shipped in an en- jacent to the United States/Mexico bor- closed vehicle or completely covered der; (such as with plastic canvas, or other (2) Are 100 percent free of bark; and closely woven cloth) so as to prevent access by pine shoot beetle. 1 Cross-ties (railroad ties) may also be im- (ii) From infested or partially infested ported in accordance with paragraph (f) of Canadian Provinces to U.S. infested this section, or may be imported if heat areas. Cut pine Christmas trees that treated in accordance with § 319.40–7(c). originated in or were moved through a

293

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–5 7 CFR Ch. III (1–1–18 Edition)

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

294

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–5

were moved through, if different from ble, on the outer covering, packaging, the Province of origin, and also states or container. that the regulated articles originated (iii) From noninfested areas in partially in and were only moved through Prov- infested Canadian Provinces to or inces of Canada not considered to be in- through U.S. noninfested areas. Regu- fested or partially infested with pine lated articles that originated in a non- shoot beetle, as determined by the infested area county or municipal re- CFIA; gional county of a partially infested (B) The U.S. destination (including Canadian Province, as determined by county and State) is plainly indicated the CFIA, and were moved through Ca- on the regulated articles or, if applica- nadian noninfested areas only, and are ble, on the outer covering, packaging, destined for or will be moved through or container; and any area in the United States that is (C) If the regulated articles are to be not quarantined for pine shoot beetle, moved through an area of the United as provided in § 301.50–3 of this chapter, States that is quarantined for pine may only be imported into the United shoot beetle, as provided in § 301.50–3 of States if one of the following sets of this chapter, en route to an area or conditions is met: areas in the United States not quar- (A) The regulated articles are accom- antined for pine shoot beetle during panied by a certificate that specifies the period of January through Sep- the county or municipal regional coun- tember when the temperature is higher ty and Province where the regulated than 10 °C (50 °F), the regulated articles articles originated and, if applicable, are shipped in an enclosed vehicle or the counties or municipal regional completely covered (such as with plas- counties and Provinces they were tic canvas, or other closely woven moved through, if different from the cloth) so as to prevent access by pine county or municipal regional county shoot beetle. and Province of origin. The certificate (ii) From Canadian infested Provinces also must contain the following addi- or partially infested Provinces to U.S. in- tional declaration: ‘‘These regulated fested areas. Regulated articles that articles originated in and were moved originated in or were moved through a only through areas where pine shoot Canadian infested or partially infested beetle (Tomicus piniperda) is not Province, as determined by the CFIA, present, as determined by the CFIA.’’ and are destined for and will be moved In addition, the U.S. destination (in- only through areas in the United cluding county and State) must be States that are quarantined for pine plainly indicated on the regulated arti- shoot beetle, as provided in § 301.50–3 of cles or, if applicable, on the outer cov- this chapter, may be imported into the ering, packaging, or container. If the United States only if: regulated articles are to be moved (A) They are accompanied by a state- through an area of the United States ment of origin and movement that quarantined for pine shoot beetle, as specifies the county or municipal re- provided in § 301.50–3 of this chapter, en gional county and Province where the route to an area or areas in the United articles originated, and if applicable, States not quarantined for pine shoot the counties or municipal regional beetle during the period of January counties and Provinces they were through September when the tempera- moved through, if different from the ture is 10 °C (50 °F) or higher, the regu- county or municipal regional county lated articles must be shipped in an en- and Province of origin, and also states closed vehicle or completely covered that the regulated articles originated (such as with plastic canvas, or other in and were moved through one or closely woven cloth) so as to prevent more Provinces of Canada considered access by pine shoot beetle; or to be infested or partially infested with (B) The regulated articles are con- pine shoot beetle, as determined by the signed to a designated U.S. facility CFIA; and that operates under a compliance (B) The U.S. destination (including agreement with APHIS in accordance county and State) is plainly indicated with § 319.40–8 for specified handling or on the regulated articles or, if applica- processing of the articles. The name

295

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–5 7 CFR Ch. III (1–1–18 Edition)

and address of the U.S. facility (includ- certificate that specifies both the ing county and State) receiving the county or municipal regional county regulated articles must be plainly indi- and Province where the regulated arti- cated on the articles or, if applicable, cles originated and, if applicable, the on the outer covering, packaging, or counties or municipal regional coun- container. If the regulated articles are ties and Provinces they were moved to be moved through an area of the through, if different from the county or United States quarantined for pine municipal regional county and Prov- shoot beetle, as provided in § 301.50–3 of ince of origin. The additional declara- this chapter, en route to an area or tion section must state, ‘‘The pine areas in the United States not quar- bark in this shipment has been ground antined for pine shoot beetle during into pieces less than or equal to 1 inch the period of January through Sep- in diameter.’’ In addition, the U.S. des- tember when the temperature is 10 °C tination (including county and State) ° (50 F) or higher, then the regulated ar- of the regulated articles must be plain- ticles also must be shipped in an en- ly indicated on the regulated articles closed vehicle or completely covered or, if applicable, on the outer covering, (such as with plastic canvas, or other packaging, or container. closely woven cloth) so as to prevent (3) The regulated articles are shipped access by pine shoot beetle. from a CFIA-approved facility that (iv) From Canadian infested Provinces processes only regulated articles that or infested areas of partially infested originated in areas in Canada or the Provinces to or through U.S. noninfested United States not considered to be in- areas. (A) Regulated articles that origi- fested with pine shoot beetle. The facil- nated in or were moved through either ity must be inspected by the CFIA at a Canadian Province considered to be infested with pine shoot beetle or an least twice a year to verify its compli- infested area within a partially in- ance with CFIA handling and proc- fested Canadian Province, as deter- essing procedures, and the CFIA must mined by the CFIA, and that are des- provide APHIS with a current list of tined for or will be moved through any approved facilities at least annually. area in the United States not quar- The name and address (including the antined for pine shoot beetle, as pro- county or municipal regional county vided in § 301.50–3 of this chapter, may and Province) of the CFIA-approved fa- only be imported into the United cility that shipped the articles, as well States if one of the following sets of as the U.S. destination (including conditions provided is met: county and State) must be plainly indi- (1) The regulated articles are accom- cated on the regulated articles or, if panied by a certificate that specifies applicable, on the outer covering, the county or municipal regional coun- packaging, or container. ty and Province where the regulated (4) The pine products are accom- articles originated and, if applicable, panied by a certificate that specifies the counties or municipal regional the county or municipal regional coun- counties and Provinces they were ty and Province where the regulated moved through, if different from the articles originated and, if applicable, county or municipal regional county the counties or municipal regional and Province of origin. The treatment counties and Provinces they were section of the certificate must indicate moved through, if different from the that the regulated articles have been county or municipal regional county treated with methyl bromide to kill and Province of origin. The treatment the pine shoot beetle in accordance section of the certificate must indicate with part 305. In addition, the U.S. des- that the regulated articles have been tination (including county and State) treated in accordance with 7 CFR part of the regulated articles must be plain- 305. In addition, the U.S. destination ly indicated on the regulated articles (including county and State) of the or, if applicable, on the outer covering, regulated articles must be plainly indi- packaging, or container. cated on the regulated articles or, if (2) The regulated articles consist of applicable, on the outer covering, pine bark and are accompanied by a package, or container.

296

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–5

(5) The regulated articles, consisting area or areas in the United States not of logs with bark attached, are con- quarantined for pine shoot beetle dur- signed to a U.S. facility that operates ing the period of January through Sep- under a compliance agreement with tember when the temperature is higher APHIS in accordance with § 319.40–8 for than 10 °C (50 °F), the regulated articles specified handling or processing of the must be shipped in an enclosed vehicle regulated articles. The logs must be or completely covered (such as with transported by as direct a route as rea- plastic canvas, or other closely woven sonably possible and not off-loaded en cloth) so as to prevent access by pine route to the U.S. facility. The logs shoot beetle. must be accompanied by a statement of (n) Regulated articles of the genus origin and movement that specifies the Fraxinus from Canada. Except for arti- county or municipal regional county cles prohibited under paragraph (n)(4) and Province where the logs originated of this section, regulated articles of the and, if applicable, the counties or mu- genus Fraxinus (ash) from Canada may nicipal regional counties and Provinces be imported in accordance with this they were moved through, if different paragraph (n) and subject to the cer- from the county or municipal regional tification requirements in § 319.40–2(a) county and Province of origin. In addi- and the inspection and other require- tion, the name and address (including ments in § 319.40–9. Articles being county and State) of the U.S. facility moved from counties or municipal re- receiving the logs must be plainly indi- gional counties in Canada not regu- cated on the regulated articles or, if lated for the emerald ash borer (EAB) applicable, on the outer covering or may not transit an EAB-regulated area container. in Canada en route to the United (6) The regulated articles, consisting States unless they are moving directly of pine bark, are shipped from a CFIA- through the EAB-regulated area with- approved facility for use as a fuel at a out stopping (except for refueling or for cogeneration facility in the United traffic conditions, such as traffic lights States approved by APHIS. The pine or stop signs). If these articles are bark must be transported by as direct being moved through the regulated a route as reasonably possible and not area between May 1 and August 31 or off-loaded en route to the U.S. cogen- when the ambient air temperature is 40 eration facility. The Canadian facility °F or higher, they must be in an en- from which the pine bark is shipped closed vehicle or completely covered to must be inspected by the CFIA at least prevent access by the emerald ash twice a year to verify that the facility borer. is following handling and processing (l) Firewood of all hardwood (non-co- procedures that adequately safeguard niferous) species, and ash logs and the pine bark for shipment to the U.S. wood, including cants and stumps, that cogeneration facility. CFIA must pro- originate in a county or municipal re- vide APHIS with a current list of ap- gional county regulated for the emer- proved facilities at least annually. The ald ash borer within a Province or Ter- name and address (including the coun- ritory regulated by the Canadian Gov- ty or municipal regional county and ernment for the emerald ash borer re- Province) of the CFIA-approved facil- quire a permit issued under § 319.40–2(a) ity that shipped the pine bark, as well and must be accompanied by a certifi- as the name and address of the U.S. co- cate bearing an additional declaration generation facility receiving the ship- that the articles in the shipment were: ment (including county and State) (i) Debarked, and vascular cambium must be plainly indicated on the outer removed to a depth of 1.27 cm (1⁄2 inch) covering, packaging, or container of during the debarking process; or the pine bark. (ii) Heat treated in accordance with (B) If the regulated articles in para- part 305 of this chapter. The graphs (i)(2)(iv)(1) through (5) of this phytosanitary certificate accom- section are to be moved through an panying such articles must describe area of the United States quarantined the treatment method employed. for pine shoot beetle, as provided in (2) Firewood of all hardwood (non-co- § 301.50–3 of this chapter, en route to an niferous) species, and ash logs and

297

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–6 7 CFR Ch. III (1–1–18 Edition)

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

298

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–6

part 305 of this chapter , may be im- lumber to be heat treated in accord- ported in accordance with paragraphs ance with part 305 of this chapter or (b)(1) (i) and (ii) of this section. heat treated with moisture reduction (i) During shipment to the United in accordance with part 305 of this States, no other regulated article chapter , within 30 days from the time (other than solid wood packing mate- the lumber is released from the port of rials) is permitted on the means of con- first arrival. Heat treatment must be veyance with the lumber, unless the completed before any cutting, planing, lumber and the other regulated articles or sawing of the raw lumber. are in separate holds or separate sealed (c) Wood chips and bark chips—(1) containers, or, if the lumber and other From Chile (pine) and South America (eu- regulated articles are mixed in a hold calyptus). Wood chips from Chile that or sealed container, all the regulated are derived from Monterey or Radiata articles have been heat treated in ac- pine (Pinus radiata) logs and wood chips cordance with part 305 of this chapter , from South America that are derived or heat treated with moisture reduc- from temperate species of Eucalyptus tion in accordance with part 305 of this may be imported in accordance with chapter . Lumber on the vessel’s deck paragraph (c)(2) of this section or in ac- must be in a sealed container, unless it cordance with the following require- has been heat treated with moisture re- ments: duction in accordance with part 305 of (i) The wood chips must be accom- this chapter panied by a certificate stating that the (ii) If lumber has been heat treated in wood chips meet the requirements in accordance with part 305 of this chap- paragraphs (c)(1)(i)(A) through ter , that fact must be stated on the (c)(1)(i)(C) of this section. importer document, or by a permanent (A) The wood chips were treated with marking on each piece of lumber in the a surface pesticide treatment in ac- form of the letters ‘‘HT’’ or the words cordance with part 305 of this chapter ‘‘Heat Treated.’’ If lumber has been within 24 hours after the log was heat treated with moisture reduction chipped and were retreated with a sur- in accordance with part 305 of this face pesticide treatment in accordance chapter, that fact must be stated on with part 305 of this chapter if more the importer document, or by a perma- than 30 days elapsed between the date nent marking, on each piece of lumber of the first treatment and the date of or on the cover of bundles of lumber, in export to the United States. the form of the letters ‘‘KD’’ or the (B) The wood chips were derived from words ‘‘Kiln Dried.’’ logs from live, healthy, plantation- (2) Raw lumber. Raw lumber, includ- grown trees that were apparently free ing solid wood packing materials im- of plant pests, plant pest damage, and ported as cargo, from all places except decay organisms, and the logs used to places in Asia that are east of 60° East make the wood chips were debarked in Longitude and north of the Tropic of accordance with § 319.40–7(b) before Cancer may be imported in accordance being chipped. with paragraphs (b)(2) (i) and (ii) of this (C) No more than 45 days elapsed section. from the time the trees used to make (i) During shipment to the United the wood chips were felled to the time States, no other regulated article the wood chips were exported. (other than solid wood packing mate- (ii) During shipment to the United rials) is permitted on the means of con- States, no other regulated articles veyance with the raw lumber, unless (other than solid wood packing mate- the raw lumber and the other regulated rials) are permitted in the holds or articles are in separate holds or sepa- sealed containers carrying the wood rate sealed containers. Raw lumber on chips. Wood chips on the vessel’s deck the vessel’s deck must be in a sealed must be in a sealed container. container. (iii) The wood chips must be con- (ii) The raw lumber must be con- signed to a facility in the United signed to a facility operating under a States that operates under a compli- compliance agreement in accordance ance agreement in accordance with with § 319.40–8 that requires the raw § 319.40–8. The following requirements

299

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–6 7 CFR Ch. III (1–1–18 Edition)

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

300

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–8

of importation and subject to the in- proved by the United States Environ- spection and other requirements of mental Protection Agency. § 319.40–9. (Approved by the Office of Management and (Approved by the Office of Management and Budget under control number 0579–0049) Budget under control number 0579–0049) [60 FR 27674, May 25, 1999, as amended at 64 [60 FR 27679, May 25, 1995; 60 FR 30157, June FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, 7, 1995, as amended at 65 FR 21127, Apr. 20, 2000; 67 FR 8465, Feb. 25, 2002; 69 FR 2295, Jan. 2000; 69 FR 2295, Jan. 15, 2004; 69 FR 52418, 15, 2004; 69 FR 52418, Aug. 26, 2004; 70 FR 33325, Aug. 26, 2004; 75 FR 4252, Jan. 26, 2010] June 7, 2005; 75 FR 4252, Jan. 26, 2010]

§ 319.40–7 Treatments and safeguards. § 319.40–8 Processing at facilities oper- ating under compliance agree- (a) Certification of treatments or safe- ments. If APHIS determines that a guards. (a) Any person who operates a facil- document required for the importation ity in which imported regulated arti- of regulated articles is inaccurate, the cles are processed may enter into a regulated articles which are the sub- compliance agreement to facilitate the ject of the certificate or other docu- importation of regulated articles under ment shall be refused entry into the this subpart. The compliance agree- United States. In addition, APHIS may ment shall specify the requirements determine not to accept any further necessary to prevent spread of plant certificates for the importation of reg- pests from the facility, requirements to ulated articles in accordance with this ensure the processing method effec- subpart from a country in which an in- tively destroys plant pests, and the re- accurate certificate is issued, and quirements for the application of APHIS may determine not to allow the chemical materials in accordance with importation of any or all regulated ar- part 305 of this chapter. The compli- ticles from any such country, until cor- ance agreement shall also state that rective action acceptable to APHIS es- inspectors must be allowed access to tablishes that certificates issued in the facility to monitor compliance that country will be accurate. with the requirements of the compli- (b) Debarking. Except for raw lumber, ance agreement and of this subpart. no more than 2 percent of the surface Compliance agreement forms may be of all regulated articles in a lot may obtained from the Administrator or an retain bark, with no single regulated inspector. article retaining bark on more than 5 (b) Any compliance agreement may percent of its surface. For raw lumber, be canceled by the inspector who is su- debarking must remove 100 percent of pervising its enforcement, orally or in the bark. writing, whenever the inspector finds (c) Treatments. Treatment of regu- that the person who entered into the compliance agreement has failed to lated articles under this subpart must comply with the conditions of the com- be conducted in accordance with part pliance agreement. If the cancellation 305 of this chapter. is oral, the decision to cancel the com- (d) Preservatives. All preservative pliance agreement and the reasons for treatments that use a preservative cancellation of the compliance agree- product that is registered by the ment shall be confirmed in writing, as United States Environmental Protec- promptly as circumstances permit. tion Agency are authorized for treat- Any person whose compliance agree- ment of regulated articles imported in ment has been canceled may appeal the accordance with this subpart. Preserv- decision in writing to the Adminis- ative treatments must be performed in trator within 10 days after receiving accordance with label directions ap- written notification of the cancella- tion. The appeal shall state all of the facts and reasons upon which the per- son relies to show that the compliance agreement was wrongfully canceled. The Administrator shall grant or deny

301

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–9 7 CFR Ch. III (1–1–18 Edition)

the appeal, in writing, stating the rea- and found to be apparently free of sons for granting or denying the ap- plant pests; 2 or, peal, as promptly as circumstances per- (ii) Has been inspected and the in- mit. If there is a conflict as to any ma- spector requires reinspection, cleaning, terial fact and the person whose com- or treatment of the regulated article at pliance agreement has been canceled a place other than the port of first ar- requests a hearing, a hearing shall be rival. held to resolve the conflict. Rules of (b) Notice of arrival; visual examination practice concerning the hearing will be of regulated articles at port of first ar- adopted by the Administrator. rival. (1) At least 7 days prior to the ex- pected date of arrival in the United (Approved by the Office of Management and States of a shipment of regulated arti- Budget under control number 0579–0049) cles imported in accordance with this [60 FR 27674, May 25, 1995, as amended at 69 subpart, the permittee or his or her FR 52418, Aug. 26, 2004; 70 FR 33325, June 7, agent must notify the APHIS Officer in 2005] Charge at the port of arrival of the date of expected arrival. The address § 319.40–9 Inspection and other re- and telephone number of the APHIS Of- quirements at port of first arrival. ficer in Charge will be specified in any (a) Procedures for all regulated articles. specific permit issued by APHIS 3. This (1) All imported regulated articles notice may be by any authorized meth- shall be inspected at the port of first od. The notice must include the num- arrival. If the inspector finds signs of ber of any specific permit issued for the plant pests on or in the regulated arti- regulated articles; the name, if any, of cle, or finds that the regulated article the means of conveyance carrying the may have been associated with other regulated articles; the type and quan- articles infested with plant pests, the tity of the regulated articles; the ex- regulated article shall be cleaned or pected date of arrival; the country of treated as required by an inspector, origin of the regulated articles; the and the regulated article and any prod- name and the number, if any, of the ucts of the regulated article shall also dock or area where the regulated arti- be subject to reinspection, cleaning, cles are to be unloaded; and the name and treatment at the option of an in- of the importer or broker at the port of spector at any time and place before all arrival. applicable requirements of this subpart (2) Imported regulated articles which have been accomplished. have been debarked in accordance with (2) Regulated articles shall be assem- § 319.40–7(b) and can be safely and prac- bled for inspection at the port of first tically inspected will be visually exam- arrival, or at any other place pre- ined for plant pests by an inspector at scribed by an inspector, at a place and the port of first arrival. If plant pests time and in a manner designated by an are found on or in the regulated arti- inspector. cles or if the regulated article cannot be safely and practically inspected, the (3) If an inspector finds that an im- regulated articles must be treated in ported regulated article is so infested accordance with part 305 of this chap- with a plant pest that, in the judgment ter. of the inspector, the regulated article cannot be cleaned or treated, or con- tains soil or other prohibited contami- 2 Certain regulated articles may also be nants, the entire lot may be refused subject to ‘‘Subpart—Fruits and Vegeta- entry into the United States. bles,’’ or to the noxious weed regulations under part 360 of this chapter, or to Endan- (4) No person shall move any im- gered Species Act regulations under parts 355 ported regulated article from the port and 356 of this chapter and 50 CFR parts 17 of first arrival unless and until an in- and 23. spector notifies the person, in writing 3 A list of APHIS Officers in Charge may be or through an electronic database, that obtained from the Administrator, c/o Port the regulated article: Operations, Plant Protection and Quar- antine, Animal and Plant Health Inspection (i) Is in compliance with all applica- Service, 4700 River Road, Riverdale, MD ble regulations and has been inspected 20737.

302

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.40–11

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

303

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.40–11 7 CFR Ch. III (1–1–18 Edition)

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

304

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.41b

Subpart—Indian Corn or Maize, § 319.41a Administrative instructions Broomcorn, and Related Plants relating to entry into Guam of broomcorn, brooms, and similar ar- QUARANTINE ticles. (a) Broomcorn for manufacturing § 319.41 Notice of quarantine. purposes, and brooms and similar arti- (a) The fact has been determined by cles made of broomcorn may be im- the Secretary of Agriculture, and no- ported into Guam without further per- tice given, that dangerous plant pests, mit, other than the authorization con- including the so-called European corn tained in this section, and without borer (Ostrinia nubilalis Hubn.), and other restriction under this subpart. also other dangerous insects, as well as Notice of arrival for such importations plant diseases not heretofore widely is not necessary inasmuch as there is prevalent or distributed within and available to the inspector the essential throughout the United States, exist, as information normally supplied by the importer at time of importation. In- to one or more of such pests, in Europe, spection of such importations may be Asia, Africa, Dominion of Canada, Mex- made under the general authority of ico, Central and South America, and § 330.105(a) of this chapter. If an impor- other foreign countries and localities, tation is found infected, infested, or and may be introduced into this coun- contaminated with any plant pest and try through importations of the stalks is not subject to disposal under this or other parts of Indian corn or maize, part 319, disposition may be made in broomcorn, and related plants. accordance with § 330.106 of this chap- (b) To prevent the introduction of ter. these plant pests, the following articles (b) Shelled corn and seeds of other may not be imported into the United plants listed in § 319.41, and mature States except in accordance with this corn on the cob, may be imported into subpart: The raw or unmanufactured Guam without further permit, other stalk and all other parts of Indian corn than the authorization contained in or maize (Zea mays L.), broomcorn this section and without other restric- (Andropogon sorghum var. technicus), tion under this subpart, but such im- sweet sorghums (Andropogon sorghum), portations are subject to the require- grain sorghums (Andropogon sorghum), ments of § 319.37–4(a). Sudan grass (Andropogon sorghum (c) Green corn on the cob may be im- sudanensis), Johnson grass (Andropogon ported into Guam without restriction halepensis), sugarcane (Saccharum under this subpart, but such importa- officinarum), including Japanese vari- tions are subject to the requirements eties, pearl millet (Pennisetum of § 319.56–3. glaucum), napier grass (Pennisetum purpureum), teosinte (Euchlaena [24 FR 10788, Dec. 29, 1959, as amended at 72 FR 39501, July 18, 2007] luxurians), and jobs-tears (Coix lachryma-Jobi). § 319.41b Administrative instructions (c) The Administrator may authorize prescribing conditions for entry of the importation of articles otherwise broomstraw without treatment. prohibited under paragraph (b) of this Broomstraw, sometimes referred to section under conditions specified in a as ‘‘combed stalkless’’, when consisting controlled import permit issued in ac- of individual straws entirely free from cordance with § 319.6. stems, stalks, stubs of stalks, and (d) As used in this subpart, unless the leaves, may be imported from all coun- context otherwise requires, the term tries without seasonal limitation ‘‘United States’’ means the States, the through ports of entry designated in District of Columbia, Guam, Puerto the permit, provided it is bundled and Rico, and the Virgin Islands of the baled to prevent breakage and scat- United States. tering and to facilitate inspection, in [24 FR 10788, Dec. 29, 1959, as amended at 66 the following manner: FR 21056, Apr. 27, 2001; 78 FR 25571, May 2, (a) The broomstraw shall be assem- 2013] bled into bundles with the base of the

305

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.41–1 7 CFR Ch. III (1–1–18 Edition)

individual straws at the same end, no promulgated, the following articles alternating of layers being permitted. may be imported: (b) Each bundle shall be securely tied (a) Subject only to the requirements to prevent breakage. of paragraphs (a), (b), and (c) of § 319.41– (c) Individual bundles shall be com- 5: pacted, grouped into bales, and so ar- (1) Green corn on the cob, in small ranged that the butt of each bundle is lots for local use only, from adjacent exposed on the outside of the bale. areas of Canada. (d) Each bale shall be securely bound (2) Articles made of the stalks, to prevent shifting or loosening of the leaves, or cobs of corn, when prepared, bundles in transit. (e) Broomstraw found upon inspec- manufactured, or processed in such tion at the port of entry to contain manner that in the judgment of the in- stems, stalks, stubs of stalks, or leaves spector no pest risk is involved in their shall be sterilized under the super- entry. vision of an inspector. Broomstraw (3) Corn silk. contaminated in the aforesaid manner, (b) Upon compliance with the regula- from countries other than those on the tions in this subpart: North or South American Continents (1) Broomcorn for manufacturing or the West Indies, shall be considered purposes, brooms or similar articles as broomcorn and shall be subject to made of broomcorn, clean shelled corn, compliance with § 319.41–3(b). and clean seed of the other plants cov- [25 FR 12809, Dec. 14, 1960] ered by § 319.41. (2) Corn on the cob, green or mature, RULES AND REGULATIONS from the provinces of Canada west of and including Manitoba, 3 and from § 319.41–1 Plant products permitted Mexico, Central America, South Amer- 1 entry. ica, the West Indies, the Bahamas, and Except as restricted from certain Bermuda. countries and localities by special (c) Seed of Indian corn or maize (Zea quarantines and other orders now in mays L.) that is free from the cob and force, 2 and by such as may hereafter be from all other parts of corn may be im- ported into the United States from 1 Except as provided in § 319.41–6 the regula- New Zealand without further restric- tions in this subpart do not authorize impor- tion. tations through the mails. (d) Immature, dehusked ‘‘baby’’ 2 The entry of the following plants and plant products is prohibited or restricted by sweet corn may be imported from Zam- specific quarantines and other restrictive or- bia in accordance with § 319.56–2f(a). ders now in force. [24 FR 10788, Dec. 29, 1959, as amended at 58 (a) Living canes of sugarcane, or cuttings or parts thereof, from all foreign countries. FR 44745, Aug. 25, 1993; 71 FR 29769, May 24, (§ 319.15.) 2006] (b) Except as provided for in paragraph (c) for corn seed from New Zealand, seed and all § 319.41–2 Application for permits. other portions in the raw or unmanufactured Persons contemplating the importa- state of Indian corn or maize (Zea mays L.), tion of any of the articles specified in and the closely related plants, including all species of Teosinte (Euchlaena), jobs-tears § 319.41–1(b) shall first make application (Coix), Polytoca, Chionachne, Sclerachne, to the Plant Protection and Quar- and Trilobachne, from Australia, Burma, antine Program for a permit in accord- Cambodia, China, Formosa, India, Indonesia, ance with §§ 319.7 through 319.7–5. Japan and adjacent islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North (Approved by the Office of Management and Viet-Nam, Oceania, Pakistan, Philippines, Budget under control number 0579–0049) Ryukyu Islands, Thailand, and Viet-Nam. [79 FR 19810, Apr. 10, 2014] (§ 319.24.) (c) Seed of Indian corn or maize (Zea mays L.) that is free from the cob and from all 3 A quarantine is maintained by Canada to other parts of corn may be imported into the prevent spread of the European corn borer United States from New Zealand without from the infested eastern areas to the still further restriction. (§ 319.24.). uninfested Provinces west of Ontario.

306

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.41–5

§ 319.41–3 Issuance of permits. Guam, through the Customs officer of (a) On approval by the Administrator the Government of Guam, on forms of the application mentioned in § 319.41– provided for that purpose, stating the 2, a permit will be issued. number of the permit, the date of (b) For broomcorn and brooms and entry, the name of ship or vessel, rail- similar articles made of broomcorn, road, or other carrier, the country and permits will be issued by the Adminis- locality where the articles were grown, trator for such ports as may be des- the name of the foreign shipper, the ignated therein, except that permits quantity or number of bales or con- will be issued for the entry of tainers, and the marks and numbers on broomcorn originating in countries the bales or containers, the port of ar- other than those in the North or South rival, and the name of the importer or American Continents or the West In- broker at the port of arrival. dies only through the ports of Balti- (Approved by the Office of Management and more, Boston, New York, and Norfolk, Budget under control number 0579–0049) or through other northeastern ports which may from time to time be des- [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] ignated in the permit, and at which fa- cilities for treatment of infested mate- § 319.41–5 Condition of entry. rial may be available, such entry to be limited to those shipments accom- (a) The entry of the articles covered panied by on-board bills of lading dated by § 319.41–1 is conditioned on their within the period September 15 freedom from the European corn borer through February 15 of the succeeding and other injurious insects and plant year, both dates inclusive. Permits will diseases, and upon their freedom from not be issued for the entry of contamination with plant materials broomcorn from any source through prohibited entry under other quar- ports on the Pacific Coast. antines. All shipments of these articles (c) For shelled corn and for seeds of shall be subject to inspection at the other plants listed in § 319.41, and for port of arrival by an inspector of the corn on the cob, green or mature, from Plant Protection and Quarantine Pro- the land areas designated in grams, in order to determine their free- § 319.41(b)(2), permits will be issued for dom from such insects and diseases and ports where the Plant Protection and from contaminating materials, and to Quarantine Programs maintains an in- such sterilization, grinding, or treat- spection service and for such other ment in accordance with part 305 of ports as may be designated in the per- this chapter, as the inspector may pre- mit. scribe. Should an importation be found (d) Pending development of adequate on inspection to be so infested or in- treating facilities in Guam, any of the fected or contaminated that, in the articles specified in § 319.41–1 that are judgment of the inspector, it can not subject to treatment as a condition of be made safe by sterilization or other entry therein must first be entered and treatment in accordance with part 305 treated in accordance with the require- of this chapter, the entire shipment ments of this subpart at a U.S. port of may be refused entry. arrival where such treating facilities (b) When entry under sterilization or are available. other treatment in accordance with [24 FR 10788, Dec. 29, 1959, as amended at 33 part 305 of this chapter is permitted, FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, the importation will be released to the 1971; 78 FR 25571, May 2, 2013] permittee for such treatment, upon the filing with the appropriate customs of- § 319.41–4 Notice of arrival by per- ficial of a bond in the amount of $5,000, mittee. or in an amount equal to the invoice Immediately upon arrival of the im- value, if such value be less than $5,000, portation at the port of arrival the per- with approved sureties, and condi- mittee shall submit, in duplicate, no- tioned that the importation shall be tice to the Plant Protection and Quar- sterilized or otherwise treated under antine Programs, through the U.S. Col- the supervision of the inspector; that lector of Customs, or, in the case of no bale or container shall be broken,

307

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.41–6 7 CFR Ch. III (1–1–18 Edition)

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

308

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.55–3

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

309

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.55–4 7 CFR Ch. III (1–1–18 Edition)

§ 319.55–4 [Reserved] proved by the Plant Protection and Quarantine Programs and, as a further § 319.55–5 Notice of arrival by per- condition of entry, in order to permit mittee. effective treatment in accordance with Immediately upon the arrival of a part 305 of this chapter, the contents of shipment at the port of first arrival, packages or bales shall not be com- the permittee or his agent shall submit pressed to a density of more than 30 a notice, in duplicate, to the Plant Pro- pounds per cubic foot. Rice straw and tection and Quarantine Programs, rice hulls will be admitted only at through the United States Collector of ports where adequate facilities are Customs, or, in the case of Guam, available for such treatment. The re- through the Customs officer of the quired treatment must be given within Government of Guam, on a form pro- 20 days after arrival, but if any ship- vided for that purpose, stating the ment of rice straw or rice hulls shall be number of the permit, the quantity in found upon arrival to be dangerously the shipment, the locality where infested or infected the inspector may grown, the date of arrival, and, if by direct immediate treatment under ade- rail, the name of the railroad company, quate safeguards; and, if the treatment the car numbers, and the terminal and safeguards are not put into effect where the shipment is to be unloaded, as directed, the shipment shall be re- or, if by vessel, the name of the vessel and the designation of the dock where moved from the country immediately the shipment is to be landed. or destroyed. (2) Unless, within 20 days after the (Approved by the Office of Management and date of arrival of a shipment at the Budget under control number 0579–0049) port at which the formal entry was [24 FR 10788, Dec. 29, 1959, as amended at 48 filed, the importation has received the FR 57466, Dec. 30, 1983] required treatment, due notice of which shall be given to the collector of § 319.55–6 Inspection and disinfection at port of arrival. customs by the inspector, demand will be made by the collector for redelivery (a) Paddy rice. All importations of of the shipment into customs custody seed or paddy rice from Mexico shall be under the terms of the entry bond, and, subject, as a condition of entry, to such if such redelivery is not made, the ship- inspection or disinfection in accord- ment shall be removed from the coun- ance with part 305 of this chapter, or both, at the port of arrival, as shall be try or destroyed. required by the inspector, and to the (c) General. (1) All charges for stor- delivery to the collector of customs by age, cartage, and labor incident to in- the inspector of a written notice that spection and disinfection, other than the seed or paddy rice has been in- the services of the inspector, shall be spected and found to be apparently free paid by the importer. from plant diseases and insect pests or (2) All shipments shall be so baled, that the required treatment has been bagged, or wrapped as to prevent scat- given. Should any shipment of such tering or wastage. If, in the judgment seed or paddy rice be found to be so in- of the inspector, a shipment is not so fested with insect pests or infected bagged, baled, or wrapped, it shall be with plant diseases that, in the judg- reconditioned at the expense of the per- ment of the inspector, it cannot be mittee or entry may be refused. cleaned by disinfection or other treat- ment in accordance with part 305 of [24 FR 10788, Dec. 29, 1959, as amended at 75 this chapter, the entire shipment may FR 4252, Jan. 26, 2010] be refused entry. § 319.55–7 Importations by mail. (b) Rice straw and rice hulls. (1) As a condition of entry, rice straw and rice Importations of seed or paddy rice, hulls shall be subject to inspection and rice straw, and rice hulls from all for- to treatment in accordance with part eign countries and localities may be 305 of this chapter at the port of ar- made by mail or cargo, provided that a rival, under the supervision of the in- permit has been issued for the importa- spector, by methods and at plants ap- tion in accordance with §§ 319.7 through

310

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–2

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

311

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–3 7 CFR Ch. III (1–1–18 Edition)

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

312

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–3

(i) Dried, cured, or processed fruits subject to such disinfection at the port and vegetables (except frozen fruits and of first arrival as may be required by vegetables), including cured figs and an inspector, and are subject to rein- dates, raisins, nuts, and dried beans spection at other locations at the op- and peas, except certain acorns and tion of an inspector. If an inspector chestnuts subject to § 319.56–11 of this finds plants or portions of plants, or a subpart; plant pest or noxious weed, or evidence (ii) Fruits and vegetables grown in of a plant pest or noxious weed on or in Canada (except potatoes from New- any fruit or vegetable or its container, foundland and that portion of the Mu- or finds that the fruit or vegetable may nicipality of Central Saanich in the have been associated with other arti- Province of British Columbia east of cles infested with plant pests or nox- the West Saanich Road, which are pro- ious weeds, the owner or agent of the hibited importation into the United owner of the fruit or vegetable must States); and clean or treat the fruit or vegetable (iii) Fruits and vegetables, except and its container as required by an in- mangoes, grown in the British Virgin spector, and the fruit or vegetable is Islands that are imported into the U.S. also subject to reinspection, cleaning, Virgin Islands. and treatment at the option of an in- (2) Persons contemplating the impor- spector at any time and place until all tation of any fruits or vegetables under applicable requirements of this subpart this subpart must apply for a permit in have been accomplished. accordance with §§ 319.7 through 319.7–5. (1) Notice of arrival; assembly for in- (c) Ports of entry. (1) Fruits and vege- spection. Any person importing fruits tables must be imported into specific and vegetables into the United States ports if so required by this subpart or must offer those agricultural products by part 305 of this chapter, or if so re- for inspection and entry at the port of quired by a permit issued in accordance first arrival. The owner or agent must with this section and with §§ 319.7 assemble the fruits and vegetables for through 319.7–5 for the importation of inspection at the port of first arrival, the particular fruit or vegetable. If a or at any other place designated by an permit issued for the importation of fruits or vegetables names specific inspector, and in a manner designated port(s) where the fruits or vegetables by the inspector. All fruits and vegeta- must be imported, the fruits and vege- bles must be accurately disclosed and tables may only be imported into the made available to an inspector for ex- port(s) named in the permit. If a per- amination. The owner or the agent mit issued for the importation of fruits must provide an inspector with the or vegetables does not name specific name and address of the consignee and port(s) where the fruits or vegetables must make full disclosure of the type, must be imported, the fruits and vege- quantity, and country and locality of tables may be imported into any port origin of all fruits and vegetables in referenced in paragraph (c)(2) of this the consignment, either orally for non- section. commercial consignments or on an in- (2) Fruits and vegetables imported voice or similar document for commer- under this subpart may be imported cial consignments. into any port listed in 19 CFR (2) Refusal of entry. If an inspector 101.3(b)(1), except as otherwise provided finds that an imported fruit or vege- by part 319 or by a permit issued in ac- table is prohibited, or is not accom- cordance with part 319, and except as panied by required documentation, or provided in § 330.104 of this chapter. is so infested with a plant pest or nox- Fruits and vegetables that are to be ious weed that, in the judgment of the cold treated at ports in the United inspector, it cannot be cleaned or States may only be imported into spe- treated, or contains soil or other pro- cific ports as provided in part 305 of hibited contaminants, the entire lot or this chapter. consignment may be refused entry into (d) Inspection, treatment, and other re- the United States. quirements. All imported fruits or vege- (3) Release for movement. No person tables are subject to inspection, are may move a fruit or vegetable from the

313

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–4 7 CFR Ch. III (1–1–18 Edition)

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

314

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–4

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

315

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–5 7 CFR Ch. III (1–1–18 Edition)

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

316

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–7

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

317

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR §§ 319.56–8—319.56–9 7 CFR Ch. III (1–1–18 Edition)

greens, turnips, and watermelons from bles imported into Guam. Fruits and Japan and Korea. vegetables in such baskets or con- (iv) Leafy vegetables, celery, and po- tainers offered for importation into tatoes from the Philippine Islands. Guam will not be regarded as meeting (v) Carrots (without tops), celery, let- § 319.56–3(a). tuce, peas, potatoes, and radishes (c) Importation of fruits and vegetables (without tops) from Australia. into the U.S. Virgin Islands. (1) Fruits (vi) Arrowroot, asparagus, bean and vegetables grown in the British sprouts, broccoli, cabbage, carrots Virgin Islands may be imported into (without tops), cassava, cauliflower, the U.S. Virgin Islands in accordance celery, chives, cow-cabbage, dasheen, with § 319.56–3, except that: garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce, onions, Por- (i) Such fruits and vegetables are ex- tuguese cabbage, turnip, udo, water empt from the permit requirements of chestnut, watercress, waterlily root, § 319.56–3(b); and and yam bean root from Taiwan. (ii) Mangoes grown in the British (vii) Lettuce from Papua New Guin- Virgin Islands are prohibited entry ea. into the U.S. Virgin Islands. (viii) Carrots (without tops), celery, (2) Okra produced in the West Indies lettuce, loquats, onions, persimmons, may be imported into the U.S. Virgin potatoes, tomatoes, and stone fruits Islands without treatment but are sub- from New Zealand. ject to inspection at the port of arrival. (ix) Asparagus, carrots (without tops), celery, lettuce, and radishes [72 FR 39501, July 18, 2007, as amended at 75 (without tops) from Thailand. FR 4252, Jan. 26, 2010] (x) Green corn on the cob. §§ 319.56–8—319.56–9 [Reserved] (xi) All other fruits and vegetables approved for entry into any other part § 319.56–10 Importation of fruits and or port of the United States, and ex- vegetables from Canada. cept any which are specifically des- ignated in this subpart as not ap- (a) General permit for fruits and vegeta- proved. bles grown in Canada. Fruits and vege- (2) An inspector in Guam may accept tables grown in Canada and offered for an oral application and issue an oral entry into the United States will be permit for products listed in paragraph subject to the inspection, treatment, (a) of this section, which is deemed to and other requirements of § 319.56–3(d), fulfill the requirements of § 319.56–3(b) but may otherwise be imported into of this subpart. The inspector may the United States without restriction waive the documentation required in under this subpart; provided, that: § 319.56–3 for such products whenever (1) Consignments of Allium spp. con- the inspector finds that information sisting of the whole plant or above available from other sources meets the ground parts must be accompanied by a requirements under this subpart for phytosanitary certificate issued by the the information normally supplied by national plant protection organization such documentation. of Canada with an additional declara- (3) The provisions of § 319.56–11 do not tion stating that the articles are free apply to chestnuts and acorns imported from Acrolepipsis assectella (Zeller). into Guam, which are enterable into (2) Potatoes from Newfoundland and Guam without permit or other restric- that portion of the Municipality of tion under this subpart. If chestnuts or Central Saanich in the Province of acorns imported under this paragraph are found infected, infested, or con- British Columbia east of the West taminated with any plant pest and are Saanich Road are prohibited importa- not subject to disposal under this sub- tion into the United States in accord- part, disposition may be made in ac- ance with § 319.37–2 of this part. cordance with § 330.106 of this chapter. (b) [Reserved] (4) Baskets or other containers made (Approved by the Office of Management and of coconut fronds are not approved for Budget under control number 0579–0316) use as containers for fruits and vegeta-

318

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–13

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

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

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

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

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–13 7 CFR Ch. III (1–1–18 Edition)

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

Burkina Faso ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cameroon ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cayman Islands ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Chile ...... African horned cu- Cucumis metuliferus ...... Fruit ...... (b)(2)(i). cumber. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). China ...... Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Columbia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Yellow pitaya ...... Selinicereus megalanthus ...... Fruit ...... (b)(5)(xiii). Congo, Democratic Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Republic of. Cook Islands ...... Ginger ...... Zingiber officinalis ...... Root ...... (b)(2)(ii). Banana ...... Musa spp...... Fruit ...... (b)(4)(i). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). Costa Rica ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Cote d’Ivoire ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Dominica ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Dominican Republic Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Ecuador ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Egypt ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). El Salvador ...... Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). chamomilla. Oregano or sweet Origanum spp...... Leaf and stem ...... (b)(2)(i). marjoram. Parsley ...... Petroselinum crispum ...... Leaf and stem ...... (b)(2)(i). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Waterlily or lotus ... Nelumbo nucifera ...... Roots without soil .. (b)(2)(i). Yam-bean or Pachyrhizus spp...... Roots without soil .. (b)(2)(i). jicama. Fiji ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). France ...... Bean ...... Glycine max (Soybean); Phaseolus Fruit ...... (b)(5)(x). coccineus, (Scarlet or french runner bean); Phaseolus lunatus (lima bean); Phaseolus vulgaris (green bean, kidney bean, navy bean, pinto bean, red bean, string bean, white bean); Vicia faba (faba bean, broadbean, haba, habichuela, horsebean, silkworm bean, windsor bean; Vigna radiata (mung bean); Vigna unguiculata (includes: ssp. cylindrica, ssp. dekintiana, ssp. sesquipedalis (yard-long bean, as- paragus bean, long bean), ssp. unguiculata (southern pea, black- eyed bean, black-eyed pea, cowpea, crowder pea)). Tomato ...... Solanum lycopersicum ...... Fruit, stem, and (b)(4)(ii). leaf. French Guiana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). French Polynesia, Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). including Tahiti. Ghana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Grenada ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guadeloupe ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guatemala ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ..... (b)(2)(i). chamomilla. Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i).

320

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–13

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

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

321

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–13 7 CFR Ch. III (1–1–18 Edition)

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

Niger ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Nigeria ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Panama ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(ii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii). Paraguay ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Peru ...... Honeydew melon .. Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(2)(i), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Philippines ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(5)(vi). Portugal (including Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Azores). Portugal (Azores Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(3), (b)(4)(ii). only). St. Kitts and Nevis .. Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). St. Lucia ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). St. Martin ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Barbados cherry .... Malpighia glabra ...... Fruit ...... (b)(2)(vi). St. Vincent ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Senegal ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Sierra Leone ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). South Africa ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(xii). Spain ...... Garlic ...... Allium sativum ...... Bulb ...... (b)(5)(v) 1. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Solanum lycopersicum ...... Fruit ...... (b)(4)(ii). Sri Lanka ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vi). Taiwan ...... Brassica ...... Brassica oleracea ...... Above ground parts (b)(2)(viii). Carambola ...... Averrhoa carambola ...... Fruit ...... (b)(2)(ix), (b)(5)(xv). Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Longan ...... Dimocarpus longan ...... Fruit and stems ..... (b)(2)(v), (b)(3), (b)(5)(xv), (b)(5)(xvii). Thailand ...... Pineapple 3 ...... Ananas comosus ...... Fruit ...... (b)(2)(xi), (b)(5)(vi). Togo ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Trinidad and To- Cassava ...... Manihot esculenta ...... Fruit ...... (b)(2)(vi). bago. Cucurbit ...... Cucurbitaceae ...... Above ground parts (b)(2)(iii), (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tunisia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Turkey ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Uruguay ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Venezuela ...... Cantaloupe ...... Cucumis melo var. cantaloupensis ...... Fruit ...... (b)(1)(v), (b)(3). Honeydew melon .. Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(1)(v), (b)(3). 1 Also eligible for importation if treated with an approved treatment listed in part 305 of this chapter. 2 Fruit without husk may be imported subject to the requirements of § 319.56–5. 3 Also eligible for importation in accordance with the provisions listed in § 319.56–47.

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

322

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–13

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

323

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR §§ 319.56–14—319.56–19 7 CFR Ch. III (1–1–18 Edition)

(Bkh.), based on field inspection and exporting country on Honshu Island or certification and reexamination at the north thereof. port of departure prior to exportation. (xiii) Only precleared consignments (vi) Only the Tahiti Queen cultivar that have been treated in accordance and varieties which are at least 50 per- with part 305 of this chapter are au- cent smooth Cayenne by lineage are thorized. The consignment must be ac- admissible. The importer or the im- companied by a PPQ Form 203 signed porter’s agent must provide the inspec- by the APHIS inspector on site in the tor with documentation that estab- exporting country. lishes the variety’s lineage. This docu- (xiv) Must be accompanied by a ment is necessary only with the first phytosanitary certificate issued by the importation. national plant protection organization (vii) Prohibited from the Palestinian of Israel that declares ‘‘These tomatoes controlled portions of the West Bank were grown in registered greenhouses and Gaza Strip; otherwise, must be ac- in the Arava Valley of Israel.’’ companied by a phytosanitary certifi- (xv) Must be treated in accordance cate which declares that the melons with part 305 of this chapter. were grown in approved areas in the (xvi) Must be accompanied by a Arava Valley or the Kadesh–Barnea phytosanitary certificate issued by the area of Israel, the fields where the mel- national plant protection organization ons were grown were inspected prior to of the country of origin and with an ad- harvest, and the melons were inspected ditional declaration stating that the prior to export and found free of pests. (viii) Prohibited from the Palestinian fruit is free from Cnephasia jactatana, controlled portions of the West Bank Coscinoptycha improbana, Ctenopseustis and Gaza Strip; otherwise must be ac- obliquana, Epiphyas postvittana, companied by a phytosanitary certifi- Pezothrips kellyanus, and Planotortrix cate which declares that only tomato excessana; must undergo a port of entry varieties 111, 121, 124, 139, and 144 are inspection with a biometric sampling included in the consignment and the of 100 percent of 30 boxes selected ran- tomatoes were packed into fruit-fly- domly from each consignment; and the proof containers within 24 hours after randomly selected boxes must be exam- harvesting. ined for hitchhiking pests. (ix) Except for sand pears entering (xvii) Must be accompanied by a Hawaii, only precleared consignments phytosanitary certificate issued by the are authorized. The consignment must national plant protection organization be accompanied by a PPQ Form 203 of the exporting country of origin with signed by the APHIS inspector on site an additional declaration stating that in the exporting country. the fruit is free of Conogethes (x) Must be accompanied by a punctiferalis, Cryptophlebia ombrodelta, phytosanitary certificate issued by the and Rhipiphorothrips cruentatus. national plant protection organization (Approved by the Office of Management and of the exporting country that includes Budget under control numbers 0579–0049, a declaration certifying that the prod- 0579–0236, 0579–0264, 0579–0316, and 0579–0351) ucts were grown and packed in the ex- [24 FR 10788, Dec. 29, 1959, as amended at 72 porting country. FR 48547, Aug. 24, 2007; 73 FR 10972, Feb. 29, (xi) Must be accompanied by a 2008; 74 FR 23611, May 20, 2009; 74 FR 56525, phytosanitary certificate issued by the Nov. 2, 2009; 75 FR 4252, Jan. 26, 2010] national plant protection organization of the exporting country that includes §§ 319.56–14—319.56–19 [Reserved] a declaration certifying that the prod- ucts were grown in a greenhouse in the § 319.56–20 Apples and pears from Aus- exporting country. tralia (including Tasmania) and (xii) Must be accompanied by a New Zealand. phytosanitary certificate issued by the Apples and pears from Australia (in- national plant protection organization cluding Tasmania) and New Zealand of the exporting country that includes may be imported only in accordance a declaration certifying that the prod- with this section and all other applica- ucts were grown in a greenhouse in the ble provisions of this subpart.

324

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–21

(a) Inspection and treatment for pests of quirements of § 319.56–3. Upon entry the family Tortricidae. An inspector into the United States, such okra is must take a biometrically designed immediately subject to the require- sample from each lot of apples or pears ments of Subpart—Pink Bollworm that are offered for entry into the (§§ 301.52 through 301.52–10) of this chap- United States. If inspection of the sam- ter. ple discloses that pests of the family (b) Importations into areas south of the Tortricidae (fruit-leaf roller ) are 38th parallel that are not pink bollworm not present in the lot sampled, the generally infested or suppressive areas. (1) fruit may be imported without treat- During December 1 through May 15, in- ment. If any such pests are found upon clusive, okra may be imported into inspection, the lot must be treated areas of Alabama, Arkansas, Florida, with methyl bromide as prescribed in Georgia, Louisiana, Mississippi, Ne- part 305 of this chapter. vada, North Carolina, South Carolina, (b) Treatment of apples and pears from Tennessee, or any part of Illinois, Ken- Australia for fruit flies. (1) Apples from tucky, Missouri, or Virginia south of Australia (including Tasmania) may be the 38th parallel subject to the require- imported without treatment for the ments of § 319.56–3. following fruit flies if they are im- (2) During May 16 through November ported from an area in Australia that 30, inclusive, okra may be imported meets the requirements of § 319.56–5 for into areas of Alabama, Arkansas, Flor- pest freedom: Mediterranean fruit fly ida, Georgia, Louisiana, Mississippi, (Ceratitis capitata), the Queensland fruit Nevada, North Carolina, South Caro- fly (Bactrocera tryoni), Bactrocera lina, Tennessee, or any part of Illinois, aquilonis, and B. neohumeralis. Kentucky, Missouri, or Virginia south (2) Pears from Australia (including of the 38th parallel if treated for the Tasmania) may be imported without pink bollworm in accordance with part treatment for the following fruit flies 305 of this chapter. if they are imported from an area in (c) Importations into areas north of the Australia that meets the requirements 38th parallel. Okra may be imported of § 319.56–5 for pest freedom: Medi- into Alaska, Colorado, Connecticut, terranean fruit fly (Ceratitis capitata), Delaware, Hawaii, Idaho, Indiana, the Queensland fruit fly (Dacus tryoni), Iowa, Kansas, Maine, Maryland, Massa- Bactrocera jarvisi, and B. neohumeralis. chusetts, Michigan, Minnesota, Mon- (3) Apples and pears from Australia tana, Nebraska, New Hampshire, New that do not originate from an area that Jersey, New York, North Dakota, Ohio, is free of fruit flies must be treated for Oregon, Pennsylvania, Rhode Island, such pests in accordance with part 305 South Dakota, Utah, Vermont, Wash- of this chapter. If an authorized treat- ington, West Virginia, Wisconsin, Wyo- ment does not exist for a specific fruit ming, the District of Columbia, or the fly, the importation of such apples and U.S. Virgin Islands, or any part of Illi- pears is prohibited. nois, Kentucky, Missouri, or Virginia, north of the 38th parallel, subject to § 319.56–21 Okra from certain coun- the requirements of § 319.56–3. tries. (d) Importations into areas of California Okra from Brazil, Colombia, Ecuador, that are not pink bollworm generally in- Guyana, Mexico, Peru, Suriname, Ven- fested or suppressive areas. (1) During ezuela, and the West Indies may be im- January 1 through March 15, inclusive, ported into the United States in ac- okra may be imported into California cordance with this section and all subject to the requirements of § 319.56– other applicable provisions of this sub- 3. part. (2) During March 16 through Decem- (a) Importations into pink bollworm ber 31, inclusive, okra may be imported generally infested or suppressive areas in into California if it is treated for the the United States. Okra may be im- pink bollworm in accordance with part ported into areas defined in § 301.52–2a 305 of this chapter. as pink bollworm generally infested or (e) Imports from Andros Island of the suppressive areas, provided the okra is Bahamas. Okra produced on Andros Is- imported in accordance with the re- land, Commonwealth of the Bahamas,

325

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–22 7 CFR Ch. III (1–1–18 Edition)

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

326

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–22

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

327

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–22 7 CFR Ch. III (1–1–18 Edition)

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

328

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–23

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

329

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–24 7 CFR Ch. III (1–1–18 Edition)

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

330

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–25

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

331

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–26 7 CFR Ch. III (1–1–18 Edition)

(5) Honduras: Departments of the records each time the traps were Comayagua, Corte´s, and Santa checked, and made the records avail- Ba´ rbara. able to APHIS inspectors upon request. (6) Nicaragua: Departments of Carazo, The records were maintained for at Granada, Leon, Managua, Masaya, and least 1 year. Rivas. (1) If the average Jackson fruit fly (7) Panama: Provinces of Cocle, Her- trap catch was greater than seven Med- rera, and Los Santos; Districts of iterranean fruit flies (Ceratitis capitata) Aleanje, David, and Dolega in the Prov- (Medfly) per trap per week, measures ince of Chiriqui; and all areas in the were taken to control the Medfly popu- Province of Panama that are west of lation in the production area. If the av- the Panama Canal; or erage Jackson fruit fly trap catch ex- (b) The papayas were grown by a ceeds 14 Medflies per trap per week, im- grower registered with the national portations of papayas from that pro- plant protection organization (NPPO) duction area must be halted until the of the exporting country and packed rate of capture drops to an average of for shipment to the continental United 7 or fewer Medflies per trap per week. States (including Alaska) in Colombia, (2) In Colombia, Ecuador, Peru, or Ecuador, or Peru. the State of Espirito Santo, Brazil, if (c) Beginning at least 30 days before the average McPhail trap catch was harvest began and continuing through greater than seven South American the completion of harvest, all trees in fruit flies (Anastrepha fraterculus) per the field where the papayas were grown trap per week, measures were taken to were kept free of papayas that were control the South American fruit fly one-half or more ripe (more than one- population in the production area. If fourth of the shell surface yellow), and the average McPhail fruit fly trap all culled and fallen fruits were buried, catch exceeds 14 South American fruit destroyed, or removed from the farm at flies per trap per week, importations of least twice a week. papayas from that production area (d) The papayas were held for 20 min- must be halted until the rate of cap- utes in hot water at 48 °C (118.4 °F). ture drops to an average of 7 or fewer (e) When packed, the papayas were South American fruit flies per trap per less than one-half ripe (the shell sur- week. face was no more than one-fourth yel- (h) All activities described in para- low, surrounded by light green), and graphs (a) through (g) of this section appeared to be free of all injurious in- were carried out under the supervision sect pests. and direction of plant health officials (f) The papayas were safeguarded of the NPPO. from exposure to fruit flies from har- (i) All consignments must be accom- vest to export, including being pack- panied by a phytosanitary certificate aged so as to prevent access by fruit issued by the NPPO of the exporting flies and other injurious insect pests. country stating that the papayas were The package containing the papayas grown, packed, and shipped in accord- does not contain any other fruit, in- ance with the provisions of this sec- cluding papayas not qualified for im- tion. portation into the United States. (g) Beginning at least 1 year before (Approved by the Office of Management and harvest begins and continuing through Budget under control numbers 0579–0128, the completion of harvest, fruit fly 0579–0358, and 0579–0410) traps were maintained in the field [75 FR 22210, Apr. 28, 2010, as amended at 80 where the papayas were grown. The FR 22886, Apr. 24, 2015] traps were placed at a rate of 1 trap per hectare and were checked for fruit flies § 319.56–26 Melon and watermelon at least once weekly by plant health from certain countries in South officials of the NPPO. Fifty percent of America. the traps were of the McPhail type and (a) Cantaloupe and watermelon from 50 percent of the traps were of the Ecuador. Cantaloupe (Cucumis melo) and Jackson type. The NPPO kept records watermelon (fruit) (Citrullus lanatus) of fruit fly finds for each trap, updated may be imported into the United

332

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–27

States from Ecuador only in accord- termelon may be imported into the ance with this paragraph and all other United States from Peru only in ac- applicable provisions of this subpart: cordance with this paragraph and all (1) The cantaloupe or watermelon other applicable requirements of this may be imported in commercial con- subpart: signments only. (1) The fruit may be imported in com- (2) The cantaloupe or watermelon mercial consignments only. must have been grown in an area where (2) The fruit must have been grown in trapping for the South American an area of Peru considered by APHIS cucurbit fly (Anastrepha grandis) has to be free of the South American been conducted for at least the pre- cucurbit fly, must be accompanied by a vious 12 months by the national plant phytosanitary certificate declaring its protection organization (NPPO) of Ec- origin in such an area, and must be uador, under the direction of APHIS, safeguarded and labeled, each in ac- with no findings of the pest. 4 cordance with § 319.56–5 of this subpart. (3) The following area meets the re- (3) The phytosanitary certificate re- quirements of paragraph (a)(2) of this quired under § 319.56–5 must also in- section: The area within 5 kilometers clude a declaration by the NPPO of of either side of the following roads: Peru indicating that, upon inspection, (i) Beginning in Guayaquil, the road the fruit was found free of the gray north through Nobol, Palestina, and pineapple mealybug (Dysmicoccus Balzar to Velasco-Ibarra (Empalme); neobrevipes). (ii) Beginning in Guayaquil, the road (4) All consignments of fruit must be south through E1 26, Puerto Inca, labeled in accordance with § 319.56(5(e) Naranjal, and Camilo Ponce to of this subpart, and the boxes in which Enriquez; the fruit is packed must be labeled (iii) Beginning in Guayaquil, the road ‘‘Not for distribution in HI, PR, VI, or east through Palestina to Vinces; Guam.’’ (iv) Beginning in Guayaquil, the road west through Piedrahita (Novol) to (Approved by the Office of Management and Budget under control number 0579–0236) Pedro Carbo; or (v) Beginning in Guayaquil, the road § 319.56–27 Apples from Japan and the west through Progreso, Engunga, Republic of Korea. Tugaduaja, and Zapotal to El Azucar. Any variety of Malus domestica apples (4) The cantaloupe or watermelon may be imported into the United may not be moved into Alabama, States from Japan, and Fuji variety American Samoa, Arizona, California, apples may be imported into the Florida, Georgia, Guam, Hawaii, Lou- isiana, Mississippi, New Mexico, Puerto United States from the Republic of Rico, South Carolina, Texas, and the Korea, only in accordance with this U.S. Virgin Islands. The boxes in which section and all other applicable provi- the cantaloupe or watermelon is sions of this subpart. packed must be stamped with the name (a) Treatment and fumigation. The ap- of the commodity followed by the ples must be cold treated and then fu- words ‘‘Not to be distributed in the fol- migated, under the supervision of an lowing States or territories: AL, AS, APHIS inspector, either in Japan or AZ, CA, FL, GA, GU, HI, LA, MS, NM, the Republic of Korea, for the peach PR, SC, TX, VI’’. fruit moth (Carposina niponensis), the (b) Cantaloupe, netted melon, vegetable yellow peach moth (Conogethes melon, winter melon, and watermelon punctiferalis), and the fruit tree spider from Peru. Cantaloupe, netted melon, mite (Tetranychus viennensis), in ac- vegetable melon, and winter melon cordance with part 305 of this chapter. (Cucumis melo L. subsp. melo) and wa- (b) APHIS inspection. The apples must be inspected upon completion of the treatments required by paragraph (a) 4 Information on the trapping program may of this section, prior to export from be obtained by writing to the Animal and Plant Health Inspection Service, Inter- Japan or the Republic of Korea, by an national Services, Stop 3432, 1400 Independ- APHIS inspector and an inspector from ence Avenue, SW., Washington, DC 20250– the national plant protection organiza- 3432. tion of Japan or the Republic of Korea.

333

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–18 Edition)

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

334

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28

United States from France only in ac- other applicable provisions of this sub- cordance with this section and other part. 7 applicable provisions of this subpart. 6 (1) The tomatoes must be grown in (1) The tomatoes must be grown in the provinces of El Jadida or Safi in the Brittany Region of France in Morocco or in the province of Dahkla greenhouses registered with, and in- in Western Sahara in insect-proof spected by, the Service de la Protec- greenhouses registered with, and in- tion Vegetaux (SRPV); spected by, the national plant protec- (2) From June 1 through September tion organization (NPPO) of Morocco 30, SRPV must set and maintain one the national plant protection organiza- Medfly trap baited with trimedlure in- tion (NPPO) of Morocco ; side and one outside each greenhouse (2) The tomatoes may be shipped and must check the traps every 7 days; from Morocco and Western Sahara only (3) Capture of a single Medfly inside between December 1 and April 30, in- or outside a registered greenhouse will clusive; immediately result in cancellation of (3) Beginning 2 months prior to the exports from that greenhouse until the start of the shipping season and con- source of the infestation is determined, tinuing through the end of the shipping the Medfly infestation is eradicated, season, the NPPO of Morocco must set and measures are taken to preclude and maintain Mediterranean fruit fly any future infestation; (Medfly) traps baited with trimedlure (4) SRPV must maintain records of inside the greenhouses at a rate of four trap placement, checking of traps, and traps per hectare. In Morocco, traps any Medfly captures, and must make must also be placed outside registered them available to APHIS upon request; greenhouses within a 2-kilometer ra- (5) From June 1 through September dius at a rate of four traps per square 30, the tomatoes must be packed within kilometer. In Western Sahara, a single 24 hours of harvest. They must be safe- trap must be placed outside in the im- guarded by insect-proof mesh screen or mediate proximity of each registered plastic tarpaulin while in transit to the greenhouse. All traps in Morocco and packinghouse and while awaiting pack- Western Sahara must be checked every ing. They must be packed in insect- 7 days; proof cartons or containers, or covered (4) The NPPO of Morocco must main- by insect-proof mesh screen or plastic tain records of trap placement, check- tarpaulin. These safeguards must be in- ing of traps, and any Medfly captures, tact upon arrival in the United States; and make the records available to and APHIS upon request. The trapping (6) SRPV is responsible for export records must be maintained for 1 year certification inspection and issuance of for APHIS review; phytosanitary certificates. Each con- (5) Capture of a single Medfly in a signment of tomatoes must be accom- registered greenhouse will immediately panied by a phytosanitary certificate result in cancellation of exports from issued by SRPV and bearing the dec- that greenhouse until the source of the laration, ‘‘These tomatoes were grown infestation is determined, the Medfly in registered greenhouses in the Brit- infestation has been eradicated, and tany Region of France.’’ measures are taken to preclude any fu- (c) Tomatoes (fruit) (Solanum ture infestation. Capture of a single lycopersicum) from the provinces of El Medfly within 200 meters of a reg- Jadida or Safi in Morocco and the prov- istered greenhouse will necessitate in- ince of Dahkla in Western Sahara. Pink creasing trap density in order to deter- tomatoes may be imported into the mine whether there is a reproducing United States from the provinces of El population in the area. Six additional Jadida or Safi in Morocco and the prov- traps must be placed within a radius of ince of Dahkla in Western Sahara only 200 meters surrounding the trap where in accordance with this section and the Medfly was captured. Capture of

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

335

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–18 Edition)

two Medflies within 200 meters of a reg- ing packing. They must be packed in istered greenhouse and within a 1- insect-proof cartons or containers, or month time period will necessitate insect-proof mesh or plastic tarpaulin Malathion bait sprays in the area every under APHIS monitoring for transit to 7 to 10 days for 60 days to ensure eradi- the airport and subsequent export to cation; the United States. These safeguards (6) The tomatoes must be packed must be intact upon arrival in the within 24 hours of harvest and must be United States; and pink at the time of packing. They must (iii) Tomatoes may be imported into be safeguarded by an insect-proof mesh the United States from Chile with screen or plastic tarpaulin while in treatment in accordance with this transit to the packinghouse and while paragraph (d)(1) only if SAG has en- awaiting packing. They must be tered into a trust fund agreement with packed in insect-proof cartons or con- APHIS for that shipping season in ac- tainers, or covered by insect-proof cordance with § 319.56–6. This agree- mesh or plastic tarpaulin for transit to ment requires SAG to pay in advance the airport and export to the United all costs that APHIS estimates it will States. These safeguards must be in- incur in providing the preclearance tact upon arrival in the United States; services prescribed in this section for and that shipping season. (7) The national plant protection or- (2) Systems approach. The tomatoes ganization of Morocco (NPPO) is re- may be imported without fumigation sponsible for export certification in- for Tuta absoluta, Rhagoletis tomatis, spection and issuance of phytosanitary and Mediterranean fruit fly (Medfly, certificates. Each consignment of to- Ceratitis capitata) if they meet the fol- matoes must be accompanied by a lowing conditions: phytosanitary certificate issued by the (i) The tomatoes must be grown in NPPO of Morocco and bearing the dec- approved production sites that are reg- laration, ‘‘These tomatoes were grown istered with SAG. Initial approval of in registered greenhouses in El Jadida or Safi Province, Morocco, and were the production sites will be completed pink at the time of packing’’ or ‘‘These jointly by SAG and APHIS. SAG will tomatoes were grown in registered visit and inspect the production sites greenhouses in Dahkla Province, West- monthly, starting 2 months before har- ern Sahara and were pink at the time vest and continuing until the end of of packing.’’ the shipping season. APHIS may mon- (d) Tomatoes from Chile. Tomatoes itor the production sites at any time (fruit) (Solanum lycopersicum) from during this period. Chile, whether green or at any stage of (ii) Tomato production sites must ripeness, may be imported into the consist of pest-exclusionary green- United States with treatment in ac- houses, which must have double self- cordance with paragraph (d)(1) of this closing doors and have all other open- section or if produced in accordance ings and vents covered with 1.6 mm (or with the systems approach described in less) screening. paragraph (d)(2) of this section. (iii) The tomatoes must originate (1) With treatment. (i) The tomatoes from an area that has been determined must be treated in Chile with methyl by APHIS to be free of Medfly in ac- bromide in accordance with part 305 of cordance with the procedures described this chapter. The treatment must be in § 319.56–5 or an area where Medfly conducted in facilities registered with trapping occurs. Production sites in the Servicio Agricola y Ganadero areas where Medfly is known to occur (SAG) and with APHIS personnel moni- must contain traps for both Medfly and toring the treatments; Rhagoletis tomatis in accordance with (ii) The tomatoes must be treated paragraphs (d)(2)(iii) and (d)(2)(iv) of and packed within 24 hours of harvest. this section. Production sites in all Once treated, the tomatoes must be other areas do not require trapping for safeguarded by an insect-proof mesh Medfly. The trapping protocol for the screen or plastic tarpaulin while in detection of Medfly in infested areas is transit to the packinghouse and await- as follows:

336

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28

(A) McPhail traps with an approved must contain different baits for Medfly protein bait must be used within reg- and Rhagoletis tomatis. There is only istered greenhouses. Traps must be one approved bait for R. tomatis and the placed inside greenhouses at a density bait is not strong enough to lure Med- of 4 traps/10 ha, with a minimum of at fly when used outside greenhouses; least two traps per greenhouse. therefore, separate traps must be used (B) Medfly traps with trimedlure for each type of fruit fly present in the must be placed inside a buffer area 500 area surrounding the greenhouses. meters wide around the registered pro- (C) If within 30 days of harvest a sin- duction site, at a density of 1 trap/10 ha gle Rhagoletis tomatis is captured inside and a minimum of 10 traps. These traps the greenhouse or in a consignment or must be checked at least every 7 days. if two R. tomatis are captured or de- At least one of these traps must be tected in the buffer zone, shipments near a greenhouse. Traps must be set from the production site will be sus- for at least 2 months before export and pended until APHIS and SAG deter- trapping and continue to the end of the mine that risk mitigation is achieved. harvest season. (v) Registered production sites must (C) Medfly prevalence levels in the conduct regular inspections for Tuta surrounding areas must be 0.7 Medflies absoluta throughout the harvest season per trap per week or lower. If levels ex- and find these areas free of T. absoluta ceed this before harvest, the produc- evidence (e.g., eggs or larvae). If within tion site will be prohibited from ship- 30 days of harvest, two T. absoluta are ping under the systems approach. If the captured inside the greenhouse or a levels exceed this after the 2 months single T. absoluta is found inside the prior to harvest, the production site fruit or in a consignment, shipments would be prohibited from shipping from the production site will be sus- under the systems approach until pended until APHIS and SAG deter- APHIS and SAG agree that the pest mine that risk mitigation is achieved. risk has been mitigated. (vi) SAG will ensure that populations (iv) Registered production sites must of Liriomyza huidobrensis inside green- contain traps for Rhagoletis tomatis in houses are well managed by doing in- accordance with the following provi- spections during the monthly visits sions: specifically for L. huidobrensis mines in (A) McPhail traps with an approved the leaves and for visible external protein bait must be used within reg- pupae or adults. If L. huidobrensis is istered greenhouses. Traps must be found to be generally infesting the pro- placed inside greenhouses at a density duction site, shipments from the pro- of 4 traps/10 ha, with a minimum of at duction site will be suspended until least two traps per greenhouse. Traps APHIS and SAG agree that risk miti- inside greenhouses will use the same gation is achieved. bait for Medfly and Rhagoletis tomatis (vii) All traps must be placed at least because the bait used for R. tomatis is 2 months prior to harvest and be main- sufficient for attracting both types of tained throughout the harvest season fruit fly within the confines of a green- and be monitored and serviced weekly. house; therefore, it is unnecessary to (viii) SAG must maintain records of repeat this trapping protocol in pro- trap placement, checking of traps, and duction sites in areas where Medfly is of any Rhagoletis tomatis or Tuta known to occur. absoluta captures for 1 year for APHIS (B) McPhail traps with an approved review. SAG must maintain an APHIS protein bait must be placed inside a 500 approved quality control program to meter buffer zone at a density of 1 trap/ monitor or audit the trapping program. 10 ha surrounding the production site. APHIS must be notified when a produc- At least one of the traps must be near tion site is removed from or added to a greenhouse. Traps must be set for at the program. least 2 months before export until the (ix) The tomatoes must be packed end of the harvest season and must be within 24 hours of harvest in a pest-ex- checked at least every 7 days. In areas clusionary packinghouse. The toma- where Medfly trapping is required, toes must be safeguarded by a pest- traps located outside of greenhouses proof screen or plastic tarpaulin while

337

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–18 Edition)

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

338

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28

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

339

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–18 Edition)

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

340

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28

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

341

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–29 7 CFR Ch. III (1–1–18 Edition)

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

342

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–30

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

343

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–30 7 CFR Ch. III (1–1–18 Edition)

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

344

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–32

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

345

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–33 7 CFR Ch. III (1–1–18 Edition)

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

346

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–34

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

347

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–35 7 CFR Ch. III (1–1–18 Edition)

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

348

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–38

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

349

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–38 7 CFR Ch. III (1–1–18 Edition)

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

350

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–39

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

351

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–40 7 CFR Ch. III (1–1–18 Edition)

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

352

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–40

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

353

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–41 7 CFR Ch. III (1–1–18 Edition)

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

354

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–42

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

355

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–43 7 CFR Ch. III (1–1–18 Edition)

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

356

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–46

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

357

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–47 7 CFR Ch. III (1–1–18 Edition)

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

358

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–48

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

359

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–49 7 CFR Ch. III (1–1–18 Edition)

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

360

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–50

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

361

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–50 7 CFR Ch. III (1–1–18 Edition)

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

362

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–51

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

363

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–52 7 CFR Ch. III (1–1–18 Edition)

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

364

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–53

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

365

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–54 7 CFR Ch. III (1–1–18 Edition)

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

366

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–55

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

367

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–56 7 CFR Ch. III (1–1–18 Edition)

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

368

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–57

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

369

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–57 7 CFR Ch. III (1–1–18 Edition)

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

370

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–58

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

371

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–58 7 CFR Ch. III (1–1–18 Edition)

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

372

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–59

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

373

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–60 7 CFR Ch. III (1–1–18 Edition)

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

374

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00384 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–62

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

375

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–63 7 CFR Ch. III (1–1–18 Edition)

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

376

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–63

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

377

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00387 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–64 7 CFR Ch. III (1–1–18 Edition)

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

378

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00388 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–65

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

379

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00389 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–65 7 CFR Ch. III (1–1–18 Edition)

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

380

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00390 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–66

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

381

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00391 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–67 7 CFR Ch. III (1–1–18 Edition)

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

382

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00392 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–68

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

383

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00393 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–69 7 CFR Ch. III (1–1–18 Edition)

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

384

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00394 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–72

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

385

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–72 7 CFR Ch. III (1–1–18 Edition)

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

386

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–73

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

387

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–74 7 CFR Ch. III (1–1–18 Edition)

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

388

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00398 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–75

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

389

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00399 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–76 7 CFR Ch. III (1–1–18 Edition)

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

390

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00400 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–76

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

391

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00401 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–77 7 CFR Ch. III (1–1–18 Edition)

(c) Packinghouse requirements. (1) Dur- may be suspended from the export pro- ing the time registered packinghouses gram, pending an investigation. are in use for packing lemons for ex- (iii) If a single immature Medfly is port to the continental United States, found in or with the lemons, the lem- the packinghouses may only accept ons must be treated in accordance with lemons that are from registered places part 305 of this chapter and the oper- of production and that have been pro- ational workplan. Additionally, the duced in accordance with the require- registered place of production that pro- ments of this section. duced the lemons in the consignment (2) Lemons destined for export to the may be suspended from the export pro- continental United States must be gram, pending an investigation. packed within 24 hours of harvest in a (5) If APHIS or the NPPO of Argen- registered pest-exclusionary packing- tina determines that a registered pack- house or stored in a degreening cham- inghouse has failed to follow the re- ber in the registered pest-exclusionary quirements in this paragraph (c), the packinghouse. Lemons must be packed packinghouse will be excluded from the for shipment to the continental United export program until APHIS and the States in insect-proof cartons or con- NPPO of Argentina jointly agree that tainers, or covered with insect-proof the packinghouse has taken appro- mesh or plastic tarpaulin. These safe- priate remedial measures to address guards must remain intact until the the plant pest risk. lemons arrive in the United States, or (d) Port of entry requirements. Consign- the consignment will not be allowed to ments of lemons from Argentina will enter the United States. be inspected at the port of entry into (3) Prior to packing, the lemons must the United States. If any quarantine be washed, brushed, and surface dis- pests are discovered on the lemons dur- infected for E. australis and X. citri and ing inspection, the entire lot in which in accordance with the operational the quarantine pest was discovered will workplan, treated with an APHIS-ap- be subject to appropriate remedial proved fungicide, and waxed. measures to address this risk. (4) After treatment, the NPPO of Ar- gentina or officials authorized by the (Approved by the Office of Management and NPPO of Argentina must visually in- Budget under control number 0579–0448) spect a biometric sample of each con- [81 FR 94228, Dec. 23, 2016] signment for quarantine pests, wash the lemons in this sample, and inspect § 319.56–77 Pitahaya from Ecuador. the filtrate for B. chilensis in accord- Fresh pitahaya (Hylocereus spp., ance with the operational workplan. A Acanthocereus spp., Cereus spp., portion of the lemons must then be cut Echinocereus spp., Escontria spp., open and inspected for evidence of Myrtillocactus spp., and Stenocereus quarantine pests. spp.) from Ecuador may be imported (i) If a single C. gnidiella or G. into the continental United States aurantianum in any stage of develop- only under the conditions described in ment is found on the lemons, the entire this section. These conditions are de- consignment is prohibited from export signed to prevent the introduction of to the United States, and the reg- the following quarantine pest: istered place of production that pro- Anastrepha fraterculus (Wiedemann), duced the lemons is suspended from the South American fruit fly. export program until APHIS and the (a) General requirements. The national NPPO of Argentina jointly agree that plant protection organization (NPPO) the place of production has taken ap- of Ecuador must provide an operational propriate remedial measures to address workplan to APHIS that details activi- plant pest risk. ties that the NPPO of Ecuador will, (ii) If a single B. chilensis or subject to APHIS’ approval of the Brevipalpus spp. mite in any stage of workplan, carry out to meet the re- development is found on the lemons, quirements of this section. The oper- the entire consignment is prohibited ational workplan must include and de- from export, and the registered place of scribe the specific requirements as set production that produced the lemons forth in this section.

392

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00402 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–77

(b) Commercial consignments. Pitahaya the shipping season, the production from Ecuador may be imported in com- site will be prohibited from shipping mercial consignments only. under the systems approach until (c) Production site requirements. (1) All APHIS and the NPPO of Ecuador both production sites that participate in the agree that the pest risk has been miti- pitahaya export program must be ap- gated. As conditions warrant, the aver- proved by and registered with the age number of A. fraterculus per trap NPPO of Ecuador in accordance with per day may be raised or lowered if the operational workplan. jointly agreed to between APHIS and (2) Trees and other structures, other the NPPO of Ecuador in the oper- than the crop itself, must not shade ational workplan. the crop during the day. Pitahaya fruit (6) The NPPO of Ecuador must main- that has fallen on the ground must be tain records of trap placement, check- removed from the place of production ing of traps, and any quarantine pest at least once every 7 days and may not captures in accordance with the oper- be included in field containers of fruit ational workplan. Trapping records to be packed for export. Harvested must be maintained for APHIS review pitahayas must be placed in field car- for at least 1 year. tons or containers that are marked to (d) Packinghouse requirements. (1) The show the place of production so that NPPO of Ecuador must monitor pack- traceback is possible. inghouse operations to verify that the (3) The production sites must be in- packinghouses are complying with the spected prior to each harvest by the requirements of the systems approach. NPPO of Ecuador or its approved des- If the NPPO of Ecuador finds that a ignee in accordance with the oper- packinghouse is not complying with ational workplan. An approved des- the requirements of the systems ap- ignee is an entity with which the proach, no pitahaya fruit from the NPPO creates a formal agreement that packinghouse will be eligible for export allows that entity to certify that the to the continental United States until appropriate procedures have been fol- APHIS and the NPPO of Ecuador con- lowed. If APHIS or the NPPO of Ecua- duct an investigation and both agree dor finds that a place of production is that the pest risk has been mitigated. not complying with the requirements (2) All packinghouses that partici- of the systems approach, no fruit from pate in the pitahaya export program the place of production will be eligible must be registered with the NPPO of for export to the continental United Ecuador. States until APHIS and the NPPO of (3) The pitahaya fruit must be packed Ecuador conduct an investigation and within 24 hours of harvest in a pest-ex- appropriate remedial actions have been clusionary packinghouse. The pitahaya implemented. shipment must be safeguarded by an (4) The registered production sites insect-proof mesh screen or plastic tar- must conduct trapping for the fruit fly paulin while in transit to the packing- A. fraterculus at each production site in house and while awaiting packing. accordance with the operational These safeguards must remain intact workplan. Personnel conducting the until arrival in the continental United trapping and pest surveys must be States or the consignment will be de- hired, trained, and supervised by the nied entry. NPPO of Ecuador. The trapping must (4) During the time the packinghouse begin at least 1 year before harvest be- is in use for exporting pitahaya fruit to gins and continue through the comple- the continental United States, the tion of harvest. packinghouse may only accept (5) If more than an average of 0.07 A. pitahaya fruit from registered produc- fraterculus per trap per day is trapped tion sites. for more than 2 consecutive weeks, the (e) Phytosanitary inspection. (1) A bio- production site will be ineligible for ex- metric sample of pitahaya fruit (joint- port until the rate of capture drops to ly agreed upon by APHIS and the less than that average. If levels exceed NPPO) must be inspected in Ecuador that average per trap per day, from 2 by the NPPO of Ecuador following months prior to harvest to the end of post-harvest processing. The biometric

393

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00403 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–78 7 CFR Ch. III (1–1–18 Edition)

sample must be visually inspected for lombia must provide an operational any quarantine pests, and a portion of workplan to APHIS that details the ac- the fruit will be cut open if signs of A. tivities that the NPPO of Colombia and fraterculus are observed. places of production and packinghouses (2) Pitahaya fruit presented for in- registered with the NPPO of Colombia spection at the port of entry to the will, subject to APHIS’ approval of the United States must be identified in the workplan, carry out to meet the re- shipping documents accompanying quirements of this section. The oper- each lot of fruit to specify the produc- ational workplan must include and de- tion site or sites, in which the fruit scribe the specific requirements as set was produced, and the packinghouse or forth in this section. APHIS will be di- houses in which the fruit was proc- rectly involved with the NPPO of Co- essed, in accordance with the require- lombia in monitoring and auditing im- ments in the operational workplan. plementation of the regulatory require- This identification must be maintained ments in this section, including imple- until the fruit is released for entry into mentation of the operational workplan. the continental United States. The (2) Registered places of production. The pitahaya fruit are subject to inspection fresh avocados considered for export to at the port of entry for all quarantine the continental United States must be pests of concern, including A. grown by places of production that are fraterculus. If a single larva of A. registered with the NPPO of Colombia fraterculus is found in a shipment from and that have been determined to be a place of production (either by the free from H. lauri, H. trifasciatus, and S. NPPO in Ecuador or by inspectors at catenifer in accordance with this sec- the continental United States port of tion. entry), the entire lot of fruit will be (3) Registered packinghouses. The avo- prohibited from importation into the cados must be packed for export to the continental United States, and the continental United States in pest-ex- place of production of that fruit will be clusionary packinghouses that are reg- suspended from the export program istered with the NPPO of Colombia. until appropriate measures agreed (4) Avocados may be imported in upon by the NPPO of Ecuador and commercial consignments only. APHIS have been taken. (b) Monitoring and oversight. (1) The (f) Phytosanitary certificate. Each con- NPPO of Colombia must visit and in- signment of pitahaya fruit must be ac- spect registered places of production companied by a phytosanitary certifi- monthly, starting at least 2 months be- cate issued by the NPPO of Ecuador fore harvest and continuing until the stating that the consignment was pro- end of the shipping season, to verify duced and prepared for export in ac- that the growers are complying with cordance with the requirements of the grove sanitation requirements of § 319.56–77. this section and following pest control [82 FR 27969, June 20, 2017] guidelines, when necessary, to reduce quarantine pest populations. Any per- § 319.56–78 Hass avocados from Colom- sonnel conducting trapping and pest bia. surveys under this section at registered Fresh Hass variety (Persea americana places of production must be hired, P. Mill) avocados may be imported into trained, and supervised by the NPPO of the continental United States from Co- Colombia. APHIS may monitor the lombia only under the conditions de- places of production if necessary. scribed in this section. These condi- (2) In addition to conducting fruit in- tions are designed to prevent the intro- spections at the packinghouses, the duction of the following quarantine NPPO of Colombia must monitor pack- pests: Heilipus lauri Boheman, avocado inghouse operations to verify that the seed weevil; Heilipus trifasciatus, avo- packinghouses are complying with the cado seed weevil; and Stenoma catenifer, requirements of this section. avocado seed moth. (3) If the NPPO of Colombia finds (a) General requirements—(1) Oper- that a place of production or packing- ational workplan. The national plant house is not complying with the re- protection organization (NPPO) of Co- quirements of this section, no avocados

394

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00404 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–78

from the place of production or pack- the fruit leaves the grove, at the pack- inghouse will be eligible for export to inghouse, and throughout the export the United States until APHIS and the process. The fruit must be moved to a NPPO of Colombia conduct an inves- registered packinghouse within 3 hours tigation and agree that appropriate re- of harvest or must be protected from medial actions have been implemented. fruit fly introduction until moved. The (4) The NPPO of Colombia must re- fruit must be safeguarded in accord- tain all forms and documents related ance with the operational workplan to export program activities in places while in transit to the packinghouse of production and packinghouses for at and while awaiting packing. least 1 year and, as requested, provide (f) Packinghouse requirements. (1) Dur- them to APHIS for review. ing the time registered packinghouses (c) Grove sanitation. Avocado fruit are in use for packing avocados for ex- that has fallen from the trees must be port to the United States, the packing- removed from each place of production houses may only accept avocados that at least once every 7 days, starting 2 are from registered places of produc- months before harvest and continuing tion and that are produced in accord- to the end of harvest. Fallen avocado ance with the requirements of this sec- fruit may not be included in field con- tion. tainers of fruit brought to the packing- (2) Avocados must be packed within house to be packed for export. 24 hours of harvest in a pest-exclu- (d) Mitigation measures for H. lauri, H. sionary packinghouse. All openings to trifasciatus, and S. catenifer. Avocados the outside of the packinghouse must must either be grown in places of pro- be screened or covered by a barrier duction located in municipalities of that prevents pests from entering, as Colombia that are designated as free of specified within the operational H. lauri, H. trifasciatus, and S. catenifer workplan. The packinghouse must have in accordance with § 319.56–5, or be double doors at the entrance to the fa- grown in places of production that cility and at the interior entrance to have been surveyed by the NPPO of Co- the area where the avocados are lombia and have been determined to be packed. free of these pests. If the latter, the (3) Fruit must be packed in insect- NPPO must maintain a buffer zone of 1 proof packaging, or covered with in- kilometer around the perimeter of the sect-proof mesh or a plastic tarpaulin, place of production, and must survey for transport to the United States. representative areas of the place of These safeguards must remain intact production and buffer zone for H. lauri, until arrival in the United States. H. trifasciatus, and S. catenifer monthly, (4) Shipping documents accom- beginning no more than 2 months be- panying consignments of avocados fore harvest, in accordance with a sur- from Colombia that are exported to the vey protocol approved by APHIS. If one United States must specify the place of or more H. lauri, H. trifasciatus, or S. production at which the avocados were catenifer is detected during a survey of grown as well as the packing shed or the place of production or buffer zone, sheds in which the fruit was processed the place of production will be sus- and packed. This identification must pended from the export program for av- be maintained until the fruit is re- ocados to the continental United leased for entry into the United States. States until APHIS and the NPPO of (g) NPPO of Colombia inspection. Fol- Colombia conduct an investigation and lowing any post-harvest processing, in- agree that appropriate remedial ac- spectors from the NPPO of Colombia tions to reestablish pest freedom have must visually inspect a biometric sam- been implemented. ple of fruit from each place of produc- (e) Harvesting requirements. Harvested tion at a rate to be determined by avocados must be placed in field car- APHIS. The inspectors must visually tons or containers that are marked inspect for quarantine pests and must with the official registration number of cut a portion of the fruit to inspect for the place of production. The place of H. lauri, H. trifasciatus, and S. catenifer. production where the avocados were If a single quarantine pest is detected grown must remain identifiable when during this inspection protocol, the

395

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00405 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–79 7 CFR Ch. III (1–1–18 Edition)

consignment from which the sample (a) General requirements. (1) The na- was taken is prohibited from being tional plant protection organization shipped to the United States. Addition- (NPPO) of Japan must provide an oper- ally, if a single H. lauri, H. trifasciatus, ational workplan to APHIS that de- or S. catenifer at any life stage is de- tails the activities that the NPPO of tected during this inspection, the place Japan will, subject to APHIS’ approval of production of the infested avocados of the workplan, carry out to meet the will be suspended from the export pro- requirements of this section. The oper- gram for avocados to the continental ational workplan must include and de- United States until APHIS and the scribe the quarantine pest survey in- NPPO of Colombia conduct an inves- tervals and other specific requirements tigation and agree that appropriate re- as set forth in this section. medial actions to reestablish pest free- (2) Commercial consignments. Per- dom have been implemented. simmons from Japan may be imported (h) Phytosanitary certificate. Each con- in commercial consignments only. signment of Hass avocados from Co- lombia must be accompanied by a (b) Places of production requirements. phytosanitary certificate issued by the (1) All places of production that par- NPPO of Colombia with an additional ticipate in the export program must be declaration stating that the avocados approved by and registered with the in the consignment were produced in Japan NPPO. accordance with this section and the (2) The NPPO of Japan must visit and operational workplan. inspect the place of production month- ly beginning at blossom drop and con- (Approved by the Office of Management and tinuing until the end of the shipping Budget under control number 0579–0459) season for quarantine pests. Appro- [82 FR 38593, Aug. 15, 2017] priate pest controls must be applied in accordance with the operational § 319.56–79 Persimmons with calyxes workplan. If the NPPO of Japan finds from Japan. that a place of production is not com- Fresh persimmons (Diospyros kaki plying with the requirements of this Thunb.) may be imported into the section, no fruit from the place of pro- United States only under the condi- duction will be eligible for export to tions described in this section. These the United States until APHIS and the conditions are designed to prevent the NPPO of Japan conduct an investiga- introduction of the following quar- tion and appropriate remedial actions antine pests: Adisciso kaki Yamamoto, have been implemented. a fungus; Colletotrichum horii B. Weir & (3) Harvested fruit must be trans- P.R. Johnst, a fungus; Conogethes ported to the packinghouse in con- puntiferalis (Guene´e), a yellow peach tainers marked to identify the place of moth; Crisicoccus matsumotoi (Siraiwa), production from which the consign- a mealybug; Cryptosporiopsis kaki ment of fruit originated. (Hara) Weinlm, a fungus; Homonopsis (c) Packinghouse requirements. (1) All illotana (Kennel), a moth; Lobesia packinghouses that participate in the aeolopa (Meyrick), a moth; fungi export program must be approved by Mycosphaerella nawae Hiura & Ikata, and registered with the Japanese Pestalotia diospyri Syd. and P. Syd., NPPO. Pestalotiopsis acaciae (Thumen) Yokoyama & Kaneko, Pestalotiopsis (2) During the time the packinghouse crassiuscula Steyaert, Phoma kakivora is in use for exporting persimmons to Hara, and Phoma loti Cooke; the United States, the packinghouse Ponticulothrips diospyrosi (Haga & may only accept persimmons from reg- Okajima), a thrip; Pseudococcus cryptus istered approved production sites and (Hempel), a mealybug; Scirtothrips dor- the fruit must be segregated from fruit salis (Hood), a thrip; Stathmopoda intended for other markets. masinissa (Meyrick), a moth; (3) All damaged or diseased fruit Tenuipalpus zhizhilashviliae (Reck), a must be culled at the packinghouse. mite; and Thrips coloratus (Schmutz), a (4) Boxes or other containers in thrip. which the fruit is shipped must be

396

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00406 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–80

marked to identify the place of produc- Planotortrix excessana (Walker), tion where the fruit originated and the Sperchia intractana (Walker), and packinghouse where it was packed. Stathmopoda skelloni (Butler). (5) The NPPO of Japan must monitor (a) Operational workplan. The na- packinghouse operations to verify that tional plant protection organization the packinghouses are complying with (NPPO) of New Zealand must provide the requirements of the systems ap- an operational workplan to APHIS proach. If the NPPO of Japan finds that details the activities that the that a packinghouse is not complying NPPO of New Zealand will, subject to with the requirements of this section, APHIS’ approval of the workplan, no fruit from the packinghouse will be carry out to meet the requirements of eligible for export to the United States this section. The operational workplan until APHIS and the NPPO of Japan must include and describe the quar- conduct an investigation and appro- antine pest survey intervals and other priate remedial actions have been im- specific requirements as set forth in plemented. this section. (d) Sampling. Inspectors from the (b) Commercial consignments. Per- NPPO of Japan must inspect a biomet- simmons from New Zealand may be im- ric sample of the fruit from each con- ported in commercial consignments signment at a rate to be determined by only. APHIS. The inspectors must visually (c)(1) Place of production requirements. inspect for quarantine pests listed in All places of production that partici- the operational workplan required by pate in the export program must be ap- paragraph (a) of this section and must proved by and registered with the New cut fruit to inspect for quarantine Zealand NPPO in accordance with the pests that are internal feeders. If quar- requirements of the operational antine pests are detected in this in- workplan. spection, the consignment will be pro- (2) The NPPO of New Zealand or its hibited from export to the United approved designee must visit and in- States. spect the places of production monthly (e) Phytosanitary certificate. Each con- beginning at blossom drop and con- signment of persimmons must be ac- tinuing until the end of the harvest companied by a phytosanitary certifi- season for quarantine pests. Appro- cate of inspection issued by the Japan priate pest controls must be applied in NPPO with an additional declaration accordance with the operational stating that the fruit in the consign- workplan. If the NPPO of New Zealand ment were grown, packed, and in- finds that a place of production is not spected and found to be free of pests in complying with the requirements of accordance with the requirements of 7 this section, no fruit from the place of CFR 319.56–79. production will be eligible for export to (Approved by the Office of Management and the United States until APHIS and the Budget under control number 0579–0455) NPPO of New Zealand conduct an in- [82 FR 42728, Sept. 12, 2017] vestigation and appropriate remedial actions have been implemented. § 319.56–80 Persimmons from New Zea- (d)(1) Packinghouse requirements. All land. packinghouses that participate in the Fresh persimmons (Diospyros kaki export program must be approved by Thunb.) may be imported into the and registered with the New Zealand United States only under the condi- NPPO in accordance with the require- tions described in this section. These ments of the operational workplan. conditions are designed to prevent the (2) During the time the packinghouse introduction of the quarantine pests is in use for exporting persimmons to Colletotrichum horii B. Weir & P.R. the United States, the packinghouse Johnst., Cnephasia jactatana (Walker), may only accept persimmons from reg- Cryptosporiopsis actinidiae P.R. Johnst., istered approved places of production M.A. Manning & X. Meier, Ctenopseustis and the fruit must be segregated from herana (Felder and Rogenhofer), fruit intended for other markets. Ctenopseustis obliquana (Walker), (3) All diseased or insect-infested Epiphyas postvittana (Walker), fruit and fruit with surface pests must

397

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00407 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.56–81 7 CFR Ch. III (1–1–18 Edition)

be culled either before or during pack- antine pests in accordance with the re- ing and removed from the packing- quirements of the systems approach. house. Culling must also include any (Approved by the Office of Management and damaged or deformed fruit. Budget under control number 0579–0456) (4) Boxes or other containers in [82 FR 45956, Oct. 3, 2017] which the fruit is shipped must be marked to identify the place of produc- § 319.56–81 Fresh mango from Viet- tion where the fruit originated and the nam. packinghouse where it was packed. Fresh mango (Mangifera indica L.) (5) The NPPO of New Zealand must fruit may be imported into the conti- monitor packinghouse operations to nental United States under the fol- verify that the packinghouses are com- lowing conditions: plying with the requirements of the (a) The fresh mango fruit may be im- systems approach. If the NPPO of New ported in commercial consignments Zealand finds that a packinghouse is only. not complying with the requirements (b) The fresh mango fruit must be of this section, no fruit from the pack- treated for plant pests of the class inghouse will be eligible for export to Insecta, except pupae and adults of the the United States until APHIS and the order Lepidoptera, with irradiation in NPPO of New Zealand conduct an in- accordance with part 305 of this chap- vestigation and appropriate remedial ter. actions have been implemented. (c) The risks presented by (e) Sampling. Inspectors from the Macrophoma mangiferae must be ad- NPPO of New Zealand must inspect a dressed in one of the following ways: biometric sample of the fruit from each (1) The fresh mango fruit are treated consignment at a rate jointly agreed with a broad-spectrum post-harvest upon by APHIS and the NPPO of New fungicidal dip; or (2) The orchard of origin is inspected Zealand. The inspectors must visually prior to the beginning of harvest and inspect for quarantine pests listed in found free of Macrophoma mangiferae; or the operational workplan required by (3) The fresh mango fruit must origi- paragraph (a) of this section and must nate from an orchard that was treated cut fruit to inspect for the Lepidoptera with a broad-spectrum fungicide during pests of concern when visual signs of the growing season. the internal feeders are present. If (d) Each consignment of fresh mango quarantine pests are detected in this fruit must be accompanied by a inspection, the consignment will be phytosanitary certificate issued by the prohibited entry into the United NPPO of Vietnam that contains an ad- States. ditional declaration stating that the (f) Treatment. Each consignment of fruit in the consignment was inspected persimmons must be subjected to a and found free of Macrophoma post-harvest treatment by either: mangiferae and Xanthomonas campestris (1) Hot water treatment. The per- pv. mangiferaeindicae and has been pro- simmons are held for 20 minutes in hot duced in accordance with the require- water at 50 °C (122 °F); or ments of the systems approach in this (2) Modified atmosphere treatment. The section. persimmons are packed in semi-per- (e) The fruit is subject to inspection meable polymeric bags and stored at 0 at the port of entry for all quarantine °C for a minimum of 28 days. pests of concern. (g) Phytosanitary certificate. Each con- (Approved by the Office of Management and signment of persimmons must be ac- Budget under control number 0579–0452) companied by a phytosanitary certifi- [82 FR 56535, Nov. 29, 2017] cate of inspection issued by the New Zealand NPPO with an additional dec- Subpart—Wheat Diseases laration stating that the fruit in the consignment were grown, packed, and SOURCE: 70 FR 8231, Feb. 18, 2005, unless inspected and found to be free of quar- otherwise noted.

398

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00408 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.59–2

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

399

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.59–3 7 CFR Ch. III (1–1–18 Edition)

import permit number corresponding Korea, Ukraine, Uzbekistan, and Ven- to the number of the controlled import ezuela. permit issued for such article. [70 FR 8231, Feb. 18, 2005, as amended at 70 [70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005] FR 71212, Nov. 28, 2005; 72 FR 43523, Aug. 6, 2007; 78 FR 25571, May 2, 2013] § 319.59–4 Karnal bunt. (a) Regulated articles. The following § 319.59–3 Articles prohibited importa- are regulated articles for Karnal bunt: tion pending risk evaluation. (1) Conveyances, including trucks, The articles listed in paragraph (a) of railroad cars, and other containers this section from the countries and lo- used to move host crops from a region calities listed in paragraph (b) of this listed in paragraph (b)(1) of this section section are prohibited from being im- that test positive for Karnal bunt ported or offered for entry into the through the presence of bunted ker- United States, except as provided in nels; § 319.59–2(b), pending the completion of (2) Plant parts, including grain, seed, an evaluation by APHIS of the poten- straw, or hay, of all varieties of wheat tial pest risks associated with the arti- (Triticum aestivum), durum wheat cles. The national plant protection or- (Triticum durum), and triticale (Triticum ganization of any listed country or lo- aestivum × Secale cereale) from a region cality may contact APHIS 1 to initiate listed in paragraph (b)(1) of this sec- the preparation of a risk evaluation. If tion, except for straw/stalks/seed heads supported by the results of the risk for decorative purposes that have been evaluation, APHIS will take action to processed or manufactured prior to remove that country or locality from movement and are intended for use in- the list in paragraph (b) of this section. doors; (a) The following articles of Triticum (3) Tilletia indica (Mitra) Mundkur; spp. (wheat) or of Aegilops spp. (barb (4) Mechanized harvesting equipment goatgrass, goatgrass): that has been used in the production of (1) Seeds, plants, and straw (other wheat, durum wheat, or triticale that than straw, with or without heads, has tested positive for Karnal bunt which has been processed or manufac- through the presence of bunted ker- tured for use indoors, such as for deco- nels; and rative purposes or for use in toys); (5) Seed conditioning equipment and chaff; and products of the milling proc- storage/handling equipment that has ess (i.e., bran, shorts, thistle sharps, been used in the production of wheat, and pollards) other than flour; and durum wheat, or triticale seed found to (2) Seeds of Melilotus indica (annual contain the spores of Tilletia indica. yellow sweetclover) and seeds of any (b)(1) Karnal bunt is known to occur other field crops that have been sepa- in the following regions: Afghanistan, rated from wheat during the screening India, Iran, Iraq, Mexico, Nepal, Paki- process. stan, and South Africa. (b) Afghanistan, Algeria, Armenia, (2) The Administrator may recognize Australia, Azerbaijan, Bangladesh, an area within a region listed in para- Belarus, Bulgaria, Chile, China, Cy- graph (b)(1) of this section as an area prus, Egypt, Estonia, Falkland Islands, free of Karnal bunt whenever he or she Georgia, Greece, Guatemala, Hungary, determines that the area meets the re- India, Iran, Iraq, Israel, Italy, Japan, quirements of the International Stand- Kazakhstan, Kyrgyzstan, Latvia, ard for Phytosanitary Measures (ISPM) Libya, Lithuania, Moldova, Morocco, No. 4, ‘‘Requirements for the establish- Nepal, North Korea, Oman, Pakistan, ment of pest free areas.’’ The inter- Portugal, Romania, Russia, Spain, national standard was established by Tajikistan, Tanzania, Tunisia, Turkey, the International Plant Protection Turkmenistan, South Africa, South Convention of the United Nations’ Food and Agriculture Organization and 1 Requests should be submitted in writing is incorporated by reference in § 300.5 of to Phytosanitary Issues Management, PPQ, this chapter. APHIS will publish a no- APHIS, 4700 River Road, Unit 140, Riverdale, tice in the FEDERAL REGISTER and MD 20737–1236. maintain on an APHIS Web site a list

400

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.69

of the specific areas that are approved (iii) All seed-conditioning equipment as areas in which Karnal bunt is not used to store or handle seed that has known to occur in order to provide the tested spore-positive. public with current, valid information. (2) Articles listed in paragraphs Areas listed as being free from Karnal (d)(1)(i) and (d)(1)(ii) of this section will bunt are subject to audit by APHIS to require disinfection in addition to verify that they continue to merit such cleaning prior to entry into the United listing. States if an inspector or an official of (c) Handling, inspection and the plant protection organization of the country of origin determines that phytosanitary certificates. Unless other- disinfection is necessary to prevent the wise prohibited under § 319.59–3 of this spread of Karnal bunt. Disinfection is subpart, any articles described in para- required for all seed conditioning graph (a)(2) of this section that are equipment covered under paragraph from a region listed in paragraph (b)(1) (d)(1)(iii) prior to entry into the United of this section may be imported into States. the United States subject to the fol- (3) Items that require disinfection lowing conditions: prior to entry into the United States (1) The articles must be from an area must be disinfected in accordance with that has been recognized, in accordance part 305 of this chapter. with paragraph (b)(2) of this section, to (Approved by the Office of Management and be an area free of Karnal bunt, or the Budget under control number 0579–0240) articles have been tested and found to be free of Karnal bunt; [70 FR 8231, Feb. 18, 2005, as amended at 75 FR 4253, Jan. 26, 2010] (2) The articles have not been com- mingled prior to arrival at a U.S. port Subpart—Packing Materials of entry with articles from areas where Karnal bunt is known to occur; QUARANTINE (3) The articles offered for entry must be made available to an inspector § 319.69 Notice of quarantine. for examination and remain at the port (a) The following plants and plant until released, or authorized further products, when used as packing mate- movement pending release, by an in- rials, are prohibited entry into the spector; and United States from the countries and (4) The articles must be accompanied localities named: by a phytosanitary certificate issued (1) Rice straw, hulls, and chaff; from by the national plant protection orga- all countries. nization of the region of origin that in- (2) Corn and allied plants (maize, sor- cludes the following additional declara- ghum, broomcorn, Sudan grass, napier tion: ‘‘These articles originated in an grass, jobs-tears, teosinte, Polytoca, area where Karnal bunt is not known Sclerachne, Chionachne); all parts, to occur, as attested to either by sur- from all countries except Mexico, and vey results or by testing for bunted the countries of Central America, the kernels or spores.’’ West Indies, and South America. (3) Cotton and cotton products (lint, (d) Treatments. (1) Prior to entry into waste, seed cotton, cottonseed, and the United States, the following arti- cottonseed hulls); from all countries. cles must be cleaned by removing any (4) Sugarcane; all parts of the plant soil and plant debris that may be including bagasse, from all countries. present. (5) Bamboo; leaves and small shoots, (i) All conveyances and mechanized from all countries. harvesting equipment used for storing (6) Leaves of plants; from all coun- and handling wheat, durum wheat, or tries. triticale that tested positive for Karnal (7) Forest litter; from all countries. bunt based on bunted kernels. (8) Soil containing an appreciable ad- (ii) All grain storage and handling mixture of vegetable matter, from all equipment used to store or handle seed countries, except such types of soil or that has tested spore positive or grain earth as are authorized as safe for that has tested bunted-kernel positive. packing by the rules and regulations

401

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.69a 7 CFR Ch. III (1–1–18 Edition)

promulgated supplemental to this and the Virgin Islands of the United quarantine. States. Exceptions to the above prohibitions [24 FR 10788, Dec. 29, 1959, as amended at 26 may be authorized in the case of spe- FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; cific materials which have been so pre- 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, pared, manufactured, or processed that 1998; 78 FR 25571, May 2, 2013] in the judgment of the inspector no pest risk is involved in their entry. § 319.69a Administrative instructions (b) The following plants and plant and interpretation relating to the products when used as packing mate- entry into Guam of plant materials specified in § 319.69. rials will be permitted entry into the United States from the countries and (a) Plants and products designated in localities designated below only in ac- § 319.69(a)(1), (3), (4), and (5) and (b)(1) cordance with the regulations in this and (3) as prohibited or restricted entry subpart: into the United States from the coun- (1) Cereal straw, hulls, and chaff tries and localities named may be im- (such as oats, barley, and rye) from all ported into Guam as packing materials countries, except rice straw, hulls, and without prohibition or restriction chaff, which are prohibited importation under this subpart. Inspection of such from all countries by paragraph (a)(1) importations may be made under the of this section, and except wheat straw, general authority of § 330.105(a) of this hulls, and chaff, which are restricted chapter. If an importation is found in- importation by § 319.59 of this part from fected, infested, or contaminated with any country or locality listed in any plant pest and is not subject to dis- § 319.59–2 of this part. posal under this part, disposition may (2) Corn and allied plants (maize, sor- be made in accordance with § 330.106 of ghum, broomcorn, Sudan grass, napier this chapter. grass, jobs-tears, teosinte, Polytoca, (b) Corn and allied plants listed in Sclerachne, Chionachne); all parts, § 319.69(a)(2) may be imported into from Mexico and the countries of Cen- Guam subject to the requirements of tral America, the West Indies, and §§ 319.69–2, 319.69–3, and 319.69–4. South America. (c) Under § 319.69(a) (6) and (7), coco- (3) Grasses and hay and similar in- nut fronds and other parts of the coco- definite dried or cured masses of nut trees are prohibited entry into grasses, weeds, and herbaceous plants; Guam as packing materials except as from all countries. permitted in § 319.37–9. (4) Soil containing an appreciable ad- mixture of vegetable matter, from all [24 FR 10788, Dec. 29, 1959, as amended at 60 countries, which is authorized as safe FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, for packing by the rules and regula- 1997] tions promulgated supplemental to this RULES AND REGULATIONS quarantine. (c) The importation of plants and § 319.69–1 Definitions. plant products that are prohibited or (a) Packing materials. The expression restricted under paragraphs (a) and (b) ‘‘packing material’’, as used in § 319.69, of this section may be authorized for includes any of the plants or plant experimental, therapeutic, or develop- mental purposes under conditions spec- products enumerated, when these are ified in a controlled import permit associated with or accompany any issued in accordance with § 319.6. commodity or shipment to serve for (d) This quarantine shall leave in full filling, wrapping, ties, lining, mats, force and effect all other quarantines moisture retention, protection, or for and orders. any other purpose; and the word (e) As used in this subpart, unless the ‘‘packing’’, as used in the expression context otherwise requires, the term ‘‘packing materials’’, shall include the United States means the States, the Dis- presence of such materials within, in trict of Columbia, Guam, Puerto Rico,

402

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00412 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.73–3

contact with, or accompanying such Subpart—Coffee commodity or shipment. 1 (b) Soil containing vegetable matter. SOURCE: 63 FR 65650, Nov. 30, 1998, unless Soil containing an appreciable admix- otherwise noted. ture of vegetable matter, here brought under quarantine only because its con- § 319.73–1 Definitions. tent of decaying vegetation or plant re- Administrator. The Administrator of mains carries a definite pest risk, is to the Animal and Plant Health Inspec- be distinguished from soil of purely tion Service, United States Depart- mineral or earthy composition, which ment of Agriculture, or any employee is not covered by this quarantine. of the United States Department of Ag- (c) Inspector. An inspector of the U.S. riculture delegated to act in his or her Department of Agriculture. stead. Inspector. Any individual authorized § 319.69–2 Freedom from pests. by the Administrator to enforce this All packing materials allowed entry subpart. under restriction shall be free from in- Sample. Unroasted coffee not for com- jurious insects and plant diseases. mercial resale. Intended use includes, but is not limited to, evaluation, test- § 319.69–3 Entry inspection. ing, or market analysis. United States. The States, District of All packing materials shall be sub- Columbia, Guam, Northern Mariana Is- ject to inspection at time of entry. lands, Puerto Rico, and the Virgin Is- lands of the United States. § 319.69–4 Disposition of materials found in violation. Unroasted coffee. The raw or unroasted seeds or beans of coffee. If the inspector shall find packing materials associated with or accom- § 319.73–2 Products prohibited impor- panying any commodity or shipment tation. being imported, or to have been im- (a) To prevent the spread of the cof- ported, in violation of § 319.69 or of the fee berry borer Hypothenemus hampei regulations in this subpart or shall find (Ferrari) and the fungus Hemileia them infested or infected with inju- vastatrix (Berkely and Broome), which rious insects or plant diseases, the in- causes an injurious rust disease, the spector may refuse entry to the ship- following articles are prohibited impor- ment, or the inspector may seize and tation into Hawaii and Puerto Rico, ex- destroy or otherwise dispose of such cept as provided in § 319.73–3 of this sub- packing material, or the inspector may part: require it to be replaced, or sterilized, (1) Unroasted coffee; or otherwise treated. (2) Coffee plants and leaves; and (3) Empty sacks previously used for [24 FR 10788, Dec. 29, 1959, as amended at 70 unroasted coffee. FR 33326, June 7, 2005] (b) Due to the risk of Mediterranean fruit fly and other injurious insects, § 319.69–5 Types of soil authorized for packing. seeds of all kinds when in pulp, includ- ing coffee berries or fruits, are prohib- The following types of soil or earth ited importation into all parts of the are authorized as safe for packing: (a) United States by § 319.37–2(a) of this Peat, (b) peat moss, and (c) Osmunda part, except as provided in § 319.37–2(c). fiber. § 319.73–3 Conditions for transit move- ment of certain products through 1 Since it is the packing materials them- Puerto Rico or Hawaii. selves which constitute the danger and not the manner of use, it is intended that the (a) Mail. Samples of unroasted coffee definition shall include their presence within that are transiting Hawaii or Puerto or accompanying a shipment regardless of Rico en route to other destinations and their function or relation to a shipment or that are packaged to prevent the es- the character of the shipment. cape of any plant pests may proceed

403

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00413 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.73–4 7 CFR Ch. III (1–1–18 Edition)

without action by an inspector. Pack- § 319.74–1 Definitions. aging that would prevent the escape of Administrator. The Administrator of plant pests includes, but is not limited the Animal and Plant Health Inspec- to, sealed cartons, airtight containers, tion Service, United States Depart- or vacuum packaging. Samples of ment of Agriculture, or any employee unroasted coffee received by mail but of the United States Department of Ag- not packaged in this manner are sub- riculture delegated to act in his or her ject to inspection and safeguard by an stead. inspector. These samples must be re- Controlled import permit. A written or turned to origin or forwarded to a des- electronically transmitted authoriza- tination outside Hawaii or Puerto Rico tion issued by APHIS for the importa- in a time specified by an inspector and tion into the United States of other- in packaging that will prevent the es- wise prohibited or restricted plant ma- cape of any plant pests. If this action is terial for experimental, therapeutic, or not possible, the samples must be de- developmental purposes, under con- stroyed. trolled conditions as prescribed by the (b) Cargo. Samples of unroasted cof- Administrator in accordance with fee that are transiting Hawaii or Puer- § 319.6. to Rico as cargo and that remain on Cut flower. The highly perishable the carrier may proceed to a destina- commodity known in the commercial tion outside Hawaii or Puerto Rico flower-producing industry as a cut without action by an inspector. Sam- flower, which is the severed portion of ples may be transshipped in Puerto a plant, including the inflorescence and Rico or Hawaii only after an inspector any parts of the plant attached to it, in determines that they are packaged to a fresh state. This definition does not prevent the escape of any plant pests. include dried, bleached, dyed, or chemi- Samples that are not packaged in this cally treated decorative plant mate- manner must be rewrapped or packaged rials; filler or greenery, such as fern in a manner prescribed by an inspector fronds and asparagus plumes, fre- to prevent the escape of plant pests be- quently packed with fresh cut flowers; fore the transshipment will be allowed. or Christmas greenery, such as holly, (c) Other mail, cargo, and baggage mistletoe, and Christmas trees. shipments of articles covered by Inspector. Any individual authorized § 319.73–2 arriving in Puerto Rico or Ha- by the Administrator to enforce this waii may not be unloaded or trans- subpart. shipped in Puerto Rico or Hawaii and United States. All of the States, the are subject to inspection and other ap- District of Columbia, Guam, the North- plicable requirements of the Plant ern Mariana Islands, Puerto Rico, the Safeguard Regulations (part 352 of this Virgin Islands of the United States, chapter). and all other territories or possessions of the United States. § 319.73–4 Costs. All costs of inspection, packing ma- [64 FR 38110, July 15, 1999, as amended at 78 FR 25571, May 2, 2013] terials, handling, cleaning, safe- guarding, treating, or other disposal of § 319.74–2 Conditions governing the products or articles under this subpart entry of cut flowers. will be borne by the owner, importer, (a) Inspection. All cut flowers im- or agent of the owner or importer, in- ported into the United States must be cluding a broker. The services of an in- made available to an inspector for ex- spector during regularly assigned hours amination at the port of first arrival of duty and at the usual places of duty and must remain at the port of first ar- will be furnished without cost to the rival until released, or authorized fur- importer. ther movement, by an inspector. (b) Actions to prevent the introduction Subpart—Cut Flowers of plant pests; notice by an inspector. If an inspector orders any disinfection, SOURCE: 64 FR 38110, July 15, 1999, unless cleaning, treatment, reexportation, or otherwise noted. other action with regard to imported

404

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00414 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.74–2

cut flowers that are found to be in- have been met. Neither the Depart- fested with injurious plant pests or in- ment of Agriculture nor the inspector fected with diseases, the inspector will may be held responsible for any ad- provide an emergency action notifica- verse effects of treatment on imported tion (PPQ Form 523) to the importer, cut flowers. owner, or agent or representative of (c) Fumigation for agromyzids. Cut the importer or owner of the cut flow- flowers imported from any country or ers. The importer, owner, or agent or locality and found upon inspection to representative of the importer or be infested with agromyzids (insects of owner must, within the time specified the family Agromyzidae) must be fumi- in the PPQ Form 523 and at his or her gated at the time of importation with own expense, destroy the cut flowers, methyl bromide in accordance with ship them to a point outside the United part 305 of this chapter, with the fol- States, move them to an authorized lowing exceptions: site, and/or apply treatments, clean, or (1) Fumigation will not be required apply other safeguards to the cut flow- ers as prescribed by the inspector on for cut flowers imported from Canada the PPQ Form 523. Further, if the im- (including Labrador and Newfoundland) porter, owner, or agent or representa- or Mexico because of the finding of tive of the importer or owner fails to agromyzids. follow the conditions on PPQ Form 523 (2) Fumigation will not be required by the time specified on the form, for cut flowers of Chrysanthemum spp. APHIS will arrange for destruction of imported from Colombia or the Domin- the cut flowers, and the importer, ican Republic because of the finding of owner, or agent or representative of agromyzids, when such agromyzids are the importer or owner will be respon- identified by an inspector to be only sible for all costs incurred. Cut flowers agromyzids of the species Liriomyza that have been cleaned or treated must trifolii (Burgess). be made available for further inspec- (d) Chrysanthemum white rust hosts. (1) tion, cleaning, and treatment at the The following Chrysanthemum, option of the inspector at any time and Leucanthemella, and Nipponanthemum place indicated by the inspector before spp. are considered to be hosts of the requirements of this subpart will chrysanthemum white rust:

Accepted name of susceptible spe- cies Synonyms Common name

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

405

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.74–2 7 CFR Ch. III (1–1–18 Edition)

Accepted name of susceptible spe- cies Synonyms Common name

Leucanthemella serotina (L.) Chrysanthemum serotinum L., Chrysanthemum Giant daisy or high daisy. Tzvelev. uliginosum (Waldst. & Kit. ex Willd.) Pers., and Py- rethrum uliginosum (Waldst. & Kit. ex Willd.). Nipponanthemum nipponicum Chrysanthemum nipponicum (Franch. ex Maxim.) Nippon daisy or Nippon-chrysan- (Franch. ex Maxim.) Kitam. Matsum. and Leucanthemum nipponicum Franch. themum. ex Maxim.

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

406

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.75–1

§ 319.74–3 Importations for experi- it may be seized, destroyed, or other- mental or similar purposes. wise disposed of in accordance with Cut flowers may be imported for ex- section 414 of the Plant Protection Act perimental, therapeutic, or develop- (7 U.S.C. 7714). mental purposes under conditions spec- (c) A regulated article may be im- ified in a controlled import permit ported without complying with other issued in accordance with § 319.6. restrictions under this subpart if: [78 FR 25571, May 2, 2013] (1) Imported for experimental, thera- peutic, or developmental purposes § 319.74–4 Costs and charges. under the conditions specified in a con- The Animal and Plant Health Inspec- trolled import permit issued in accord- tion Service, U.S. Department of Agri- ance with § 319.6; culture, will be responsible only for the (2) Imported at the National Plant costs of providing the services of an in- Germplasm Inspection Station, Build- spector during regularly assigned hours ing 580, Beltsville Agricultural Re- of duty and at the usual places of duty search Center East, Beltsville, MD (provisions relating to costs for other 20705, or through any USDA plant in- services of an inspector are contained spection station listed in § 319.37–14; in 7 CFR part 354). The importer, and owner, or agent or representative of (3) Imported with a controlled import the importer or owner of cut flowers is tag or label securely attached to the responsible for all additional costs of outside of the container containing the inspection, treatment, movement, stor- article or securely attached to the arti- age, or destruction ordered by an in- cle itself if not in a container, and with spector under this subpart, including such tag or label bearing a controlled the costs of any labor, chemicals, pack- import permit number corresponding ing materials, or other supplies re- to the number of the controlled import quired. permit issued for such article. Subpart—Khapra Beetle [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, § 319.75 Restrictions on importation of 2001; 72 FR 43523, Aug. 6, 2007; 78 FR 25572, regulated articles; disposal of arti- May 2, 2013; 79 FR 19811, Apr. 10, 2014] cles refused importation. (a) The Secretary has determined § 319.75–1 Definitions. that in order to prevent the entry into Terms used in the singular form in the United States of khapra beetle this subpart shall be construed as the (Trogoderma granarium Everts) it is nec- plural, and vice-versa, as the case may essary to restrict the importation of demand. The following terms, when certain articles from foreign countries used in this subpart, shall be con- and localities. Accordingly, no person strued, respectively, to mean: shall import any regulated article un- Administrator. The Administrator of less in conformity with all of the appli- the Animal and Plant Health Inspec- cable restrictions in this subpart. tion Service, United States Depart- (b) Any article refused importation ment of Agriculture, or any employee for noncompliance with the require- of the United States Department of Ag- ments of this subpart shall be promptly riculture delegated to act in his or her removed from the United States or abandoned by the importer, and pend- stead. ing such action shall be subject to the From. An article is considered to be immediate application of such safe- ‘‘from’’ any country or locality in guards against escape of plant pests as which it originated or any country(ies) the inspector determines necessary to or locality(ies) in which it was prevent the introduction into the offloaded prior to arrival in the United United States of plant pests. If the ar- States. ticle is not promptly safeguarded, re- Import. (importation, imported). To moved from the United States, or aban- import or move into the United States. doned by the importer for destruction,

407

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.75–2 7 CFR Ch. III (1–1–18 Edition)

Inspector. Any individual authorized essed, manufactured, or other products by the Administrator or the Commis- of plants. sioner of U.S. Customs and Border Pro- Plant Protection and Quarantine. The tection, Department of Homeland Se- organizational unit within the Animal curity, to enforce the regulations in and Plant Health Inspection Service, this subpart. U.S. Department of Agriculture, dele- Nursery stock. All field-grown florist’s gated responsibility for enforcing pro- stock, trees, shrubs, vines, cuttings, visions of the Plant Protection Act and grafts, scions, buds, fruit pits, and related legislation, quarantines, and other seeds of fruit and ornamental regulations. trees or shrubs, and other plants and Secretary. The Secretary of Agri- plant products for propagation, except culture, or any other officer or em- field, vegetable and flower seeds, bed- ployee of the Department of Agri- ding plants, and other herbaceous culture to whom authority to act in plants, bulbs, and roots. his/her stead has been or may hereafter Person. Any individual, corporation, be delegated. company, society, association or other United States. The States, District of organized group. Columbia, American Samoa, Guam, Phytosanitary certificate of inspection. Northern Mariana Islands, Puerto A document relating to a regulated ar- Rico, and the Virgin Islands of the ticle, which is issued by a plant protec- United States. tion official of the country in which the regulated article was grown, which [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, is issued not more than 15 days prior to 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, shipment of the regulated article from Apr. 27, 2001; 78 FR 25572, May 2, 2013; 19811, the country in which grown, which is Apr. 10, 2014; 79 FR 77841, Dec. 29, 2014] addressed to the plant protection serv- ice of the United States (Plant Protec- § 319.75–2 Regulated articles. 1 tion and Quarantine), which contains a (a) The following articles are regu- description of the regulated article in- lated articles from all countries des- tended to be imported into the United ignated in accordance with paragraph States, which certifies that the article (c) of this section as infested with has been thoroughly inspected, is be- khapra beetle and are subject to man- lieved to be free from injurious plant datory treatment in accordance with diseases, injurious insect pests, and § 319.75–4: other plant pests, and is otherwise be- (1) Seeds of the plant family lieved to be eligible for importation Cucurbitaceae 2 if in shipments greater pursuant to the current phytosanitary than 2 ounces, if not for propagation; laws and regulations of the United (2) Goatskins, lambskins, and sheep- States. skins (excluding goatskins, lambskins, Plant gum. Any of numerous colloidal and sheepskins which are fully tanned, polysaccharide substances of plant ori- blue-chromed, pickled in mineral acid, gin that are gelatinous when moist but or salted and moist); harden on drying. Plant gums include but are not limited to acacia gum, guar gum, gum arabic, locust gum and 1 The importation of regulated articles may tragacanth gum. be subject to prohibitions or additional re- strictions under other provisions of 7 CFR Plant pest. The egg, pupal, and larval part 319, such as Subpart—Foreign Cotton stages as well as any other living stage and Covers (see § 319.8) and Subpart—Fruits of any insects, mites, nematodes, slugs, and Vegetables (see § 319.56). snails, protozoa, or other invertebrate 2 Seeds of the plant family Cucurbitaceae , bacteria, fungi, other para- include but are not limited to: Benincasa sitic plants or reproductive parts hispida (wax gourd), Citrullus lanatus (water- thereof, viruses, or any organisms melon), Cucumis melo (muskmelon, canta- similar to or allied with any of the loupe, honeydew), Cucumis sativus (cucum- ber), Cucurbita pepo (pumpkin, squashes, veg- foregoing, or any infectious substances, etable marrow), Lagenaria siceraria (cala- which can directly or indirectly injure bash, gourd), Luffa cylindrica (dishcloth or cause disease or damage in any gourd), Mormordica charantia (bitter melon), plants or parts thereof, or any proc- and Sechium edule (chayote).

408

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00418 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.75–6

(3) Plant gums and plant gum seeds § 319.75–3 Permits. shipped as bulk cargo (in an A regulated article may be imported unpackaged state); only after issuance of a written permit (4) Used jute or burlap bagging not or oral authorization by the Plant Pro- containing cargo; tection and Quarantine Programs in (5) Used jute or burlap bagging that accordance with §§ 319.7 through 319.7–5. is used as a packing material (such as filler, wrapping, ties, lining, matting, (Approved by the Office of Management and moisture retention material, or protec- Budget under control number 0579–0049) tion material), and the cargo for which [79 FR 19811, Apr. 10, 2014] the used jute or burlap bagging is used as a packing material; and § 319.75–4 Treatments. (6) Whole chilies (Capsicum spp.), whole red peppers (Capsicum spp.), and Prior to moving into the United cumin seeds (Cuminum cyminum) when States from the port of entry, a regu- packed in new jute or burlap bagging; lated article listed in § 319.75–2(a) shall (b) The following articles are regu- be treated for possible infestation with lated articles from all countries des- khapra beetle in accordance with part ignated in accordance with paragraph 305 of this chapter. (c) of this section as infested with [79 FR 77841, Dec. 29, 2014] khapra beetle or that have the poten- tial to be infested with khapra beetle § 319.75–5 Marking and identity. and are prohibited entry into the United States in passenger baggage and (a) Any regulated article at the time personal effects. Commercial ship- of importation shall plainly and cor- ments must be accompanied by a rectly bear on the outer container (if in phytosanitary certificate issued in ac- a container) or on the regulated article cordance with § 319.75–9 and containing (if not in a container) the following in- an additional declaration stating: ‘‘The formation: shipment was inspected and found free (1) General nature and quantity of of khapra beetle (Trogoderma the contents, granarium).’’ (2) Country or locality of origin, (1) Rice (Oryza sativa); and (3) Name and address of shipper, (2) Chick peas (Cicer spp.), safflower owner, or person shipping or for- seeds (Carthamus tinctorius), and soy- warding the article, beans (Glycine max). (4) Name and address of consignee, (c) The Administrator will designate (5) Identifying shipper’s mark and a country or an area under a specific number, and jurisdictional authority as infested (b) Any regulated article shall be ac- with khapra beetle when we receive of- companied at the time of importation ficial notification from the country or by an invoice or packing list indicating area that it is infested or when we the contents of the shipment. intercept the pest in a commercial shipment from that country. The Ad- (Approved by the Office of Management and ministrator will publish the list of Budget under control number 0579–0049) countries or areas under a specific ju- [46 FR 38334, July 27, 1981, as amended at 47 risdictional authority found to be in- FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, fested with khapra beetle on the Plant 1983; 79 FR 19811, Apr. 10, 2014] Protection and Quarantine Web site, http://www.aphis.usda.gov/importlexport/ § 319.75–6 Arrival notification. plants/manuals/ports/downloads/kb.pdf. Promptly upon arrival of any regu- After a change is made to the list of in- lated article at a port of entry, the im- fested countries or areas, we will pub- porter shall notify Plant Protection lish a notice in the FEDERAL REGISTER informing the public that the change and Quarantine of the arrival by such has occurred. means as a manifest, Customs entry [79 FR 77841, Dec. 29, 2014, as amended at 80 FR 43010, July 21, 2015]

409

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00419 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.75–7 7 CFR Ch. III (1–1–18 Edition)

document, commercial invoice, way- such article is free from injurious plant bill, a broker’s document, or a notice diseases, injurious insect pests, and form provided for that purpose. other plant pests shall be accompanied (Approved by the Office of Management and by a phytosanitary certificate of in- Budget under control number 0579–0049) spection from the plant protection service of such country at the time of [46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983; 79 FR 19811, Apr. 10, importation or offer for importation 2014] into the United States. Such certifi- cate may cover more than one article § 319.75–7 Costs and charges. and more than one container kept to- The services of the inspector during gether during shipment and offer for regularly assigned hours of duty and at importation. the usual places of duty shall be fur- (b) Any nursery stock, plant, fruit, nished without cost to the importer. 4 vegetable, root, bulb, seed, or other The importer shall be responsible for plant product designated as a regulated arrangements for treatments required article which is accompanied by a valid under § 319.75–4. Any treatment re- phytosanitary certificate of inspection quired under § 319.75–4 for a regulated is subject to inspection by an inspector article shall be performed at the port at the time of importation into the of entry by a nongovernmental fumi- United States for the purpose of deter- gator at the importer’s expense, and mining whether such article is free of shall be performed under the super- injurious plant diseases, injurious in- vision of an inspector. Plant Protec- sect pests, and other plant pests, and tion and Quarantine will not be respon- whether such article is otherwise eligi- sible for any costs or charges, other ble to be imported into the United than those indicated in this section. States. [46 FR 38334, July 27, 1981, as amended at 79 (c) Any nursery stock, plant, fruit, FR 19811, Apr. 10, 2014] vegetable, root, bulb, seed, or other plant product designated as a regulated § 319.75–8 Ports of entry. article and grown in a country not Any regulated article shall be im- maintaining an official system of in- ported only at a port of entry identi- spection for the purpose of determining fied in § 319.37–14 of this part and found whether such article is free from inju- by the Administrator and specified on rious plant diseases, or injurious insect the permit issued pursuant to § 319.75–3 pests, and other plant pests shall be in- to have a nongovernmental fumigator spected by an inspector at the time of available at the port to treat such reg- importation into the United States for ulated article pursuant to § 319.75–4. It the purpose of determining whether is the responsibility of the importer to such article is free of such diseases and arrange with the nongovernmental fu- pests and whether such article is other- migator for treatment of the article. wise eligible to be imported into the [46 FR 38334, July 27, 1981, as amended at 72 United States. FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 2013;79 FR 19811, Apr. 10, 2014] [50 FR 8707, Mar. 5, 1985, as amended at 79 FR 19811, Apr. 10, 2014] § 319.75–9 Inspection and phytosanitary certificate of inspec- Subpart—Gypsy Moth Host tion. Material from Canada (a) Any nursery stock, plant, fruit, vegetable, root, bulb, or other plant product designated as a regulated arti- SOURCE: 64 FR 45866, Aug. 23, 1999, unless otherwise noted. cle and grown in a country maintain- ing an official system of inspection for § 319.77–1 Definitions. the purpose of determining whether Animal and Plant Health Inspection 4 Provisions relating to costs for other Service (APHIS). The Animal and Plant services of an inspector are contained in 7 Health Inspection Service of the U.S. CFR part 354. Department of Agriculture.

410

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00420 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.77–3

Canadian infested area. Any area of United States. All of the States of the Canada listed as a gypsy moth infested United States, the District of Colum- area in § 319.77–3 of this subpart. bia, Guam, the Northern Mariana Is- Canadian noninfested area. Any area lands, Puerto Rico, the Virgin Islands of Canada that is not listed as a gypsy of the United States, and all other ter- moth infested area in § 319.77–3 of this ritories and possessions of the United subpart. States. Certification of origin. A signed, accu- U.S. infested area. Any area of the rate statement certifying the area in United States listed as a gypsy moth which a regulated article was produced generally infested area in § 301.45–3 of or grown. The statement may be pro- this chapter. vided directly on the shipping docu- U.S. noninfested area. Any area of the ments accompanying shipments of United States that is not listed as a commercial wood products from Can- gypsy moth generally infested area in ada, or may be provided on a separate § 301.45–3 of this chapter. certificate. [64 FR 45866, Aug. 23, 1999, as amended at 65 Gypsy moth. The insect known as the FR 38175, June 20, 2000] gypsy moth, Lymantria dispar (Lin- naeus), in any stage of development. § 319.77–2 Regulated articles. Import (imported, importation). To In order to prevent the spread of bring or move into the territorial lim- gypsy moth from Canada into non- its of the United States. infested areas of the United States, the Mobile home. Any vehicle, other than gypsy moth host materials listed in a recreational vehicle, designed to paragraphs (a) through (g) of this sec- serve, when parked, as a dwelling or tion are designated as regulated arti- place of business. cles. Regulated articles may be im- Outdoor household articles. Articles ported into the United States from associated with a household that are Canada only under the conditions de- generally kept or used outside the scribed in § 319.77–4 of this subpart. home. Examples of outdoor household (a) Trees without roots (e.g., Christ- articles are awnings, barbeque grills, mas trees), unless they were green- bicycles, boats, dog houses, firewood, house-grown throughout the year; garden tools, hauling trailers, outdoor furniture and toys, recreational vehi- (b) Trees with roots, unless they were cles and their associated equipment, greenhouse-grown throughout the year; and tents. (c) Shrubs with roots and persistent Phytosanitary certificate. A document woody stems, unless they were green- issued by an official authorized by the house-grown throughout the year; national government of Canada that (d) Logs with bark attached; contains a description of the regulated (e) Pulpwood with bark attached; article intended for importation into (f) Bark and bark products; the United States and that certifies (g) Outdoor household articles; and that the article has been thoroughly (h) Mobile homes and their associ- inspected or treated, is believed to be ated equipment. free from plant pests, and is otherwise [64 FR 45866, Aug. 23, 1999, as amended at 71 believed to be eligible for importation FR 40878, July 19, 2006] pursuant to the current phytosanitary laws and regulations of the United § 319.77–3 Gypsy moth infested areas States. A phytosanitary certificate in Canada. must be addressed to the Animal and The following areas in Canada are Plant Health Inspection Service and known to be infested with gypsy moth: may be issued no more than 14 days (a) Province of New Brunswick—(1) prior to the shipment of the regulated Charlotte County. That portion of Char- article. lotte County that includes the fol- Recreational vehicles. Vehicles, includ- lowing parishes: Campobello Island, ing pickup truck campers, one-piece Dumbarton, Dufferin, Grand Manan Is- motor homes, and travel trailers, de- land, St. Andrews, St. Croix, St. David, signed to serve as temporary places of St. George, St. James, St. Patrick, and dwelling. St. Stephen.

411

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.77–3 7 CFR Ch. III (1–1–18 Edition)

(2) Kings County. That portion of Hants/Lunenburg County border; then Kings County that includes the fol- southeast along the Hants/Lunenburg lowing parishes: Greenwich, Kars, and County border to the Hants/Halifax Springfield. County border; then east along the (3) Queens County. (i) That portion of Hants/Halifax County border to route Queens County that includes the fol- 354; then north along route 354 to the lowing parishes: Canning, Cambridge, Minas Basin; then west along the Gagetown, Johnston, and Wickham; shoreline of the Minas Basin to the and point of beginning. (ii) That portion of Chipman Parish (5) Kings County. The entire county. south or west of highway 10; and (6) Lunenberg County. The entire (iii) That portion of Waterborough county. Parish west of highway 10 and south of (7) Queens County. The entire county. highway 2. (8) Shelburne County. The entire coun- (4) Sunbury County. That portion of ty. Sunbury County that includes the fol- (9) Yarmouth County. The entire coun- lowing parishes: Blissville, Burton, ty. Gladstone, Lincoln, and Sheffield. (c) Province of Ontario. (1) That por- (5) York County. (i) That portion of tion of the Province of Ontario that in- York County that includes the City of cludes the following counties and re- Fredericton and the following parishes: gional municipalities: Brant, Bruce, North Lake and McAdam; and Dufferin, Durham, Elgin, Essex, (ii) That portion of Queensbury par- Frontenac, Grey, Haldimand-Norfolk, ish south and east of the Scotch Lake Haliburton, Halton, Hamilton-Went- Road beginning in the west at Bear Is- worth, Hastings, Huron, Kent, land on the St. John River and ending Lambton, Lanark, Leeds-Granville, at the Parish border on the east. Lennox-Addington, Middlesex, (b) Province of Nova Scotia—(1) Annap- Muskoka, Niagara, Northumberland, olis County. The entire county. Ottawa-Carleton, Oxford, Parry Sound, (2) Digby County. The entire county. Peel, Perth, Peterborough, Prescott- (3) Halifax County. The area of the Russell, Prince Edward, Renfrew, county bounded by a line beginning at Simcoe, Stormont-Dundas-Glengarry, the intersection of the Halifax/ Victoria, Waterloo, Wellington, and Lunenburg County border and the At- York; and lantic Ocean; then north along the (2) That portion of Algoma District Halifax/Lunenburg County border to that includes the City of Sault Ste. the Halifax/Hants County border; then Marie and the following townships: east along the Halifax/Hants County Bright, Bright Additional, Cobden, border to route 354; then south along Denis, Garden River First Nation, In- route 354 to route 568 (Beaverbank- dian Reserve #7, Johnson, Korah, Windsor Junction Road); then east Laird, Lefroy, Lewis, Long, Mac- along route 568 (Beaverbank-Windsor Donald, Parke, Plummer Additional, Junction Road) to route 416 (Fall River Prince, Tarbutt, Tarbutt Additional, Road); then east and north along route Tarentorus, Thessalon, Thompson, 416 (Fall River Road) to route 2; then Shedden, Spragge, and Striker; and south along route 2 to route 102/118; (3) That portion of Algoma District then south along route 118 to route 107; south of Highway 17 and east of the then south along route 107 to route 7; City of Sault Ste. Marie; and then east along route 7 to route 328; (4) That portion of Manitoulin Dis- then south along route 328 to the shore- trict that includes: Cockburn Island, line of Cole Harbour; then west along Great Cloche Island, Manitoulin Island, the seashore from Cole Harbour to the St. Joseph Island, and all Indian Re- point of beginning. serves; and (4) Hants County. The area of the (5) That portion of Nipissing District county bounded by a line beginning at that includes the City of North Bay; the intersection of the Hants/Kings and County border and the shoreline of the (6) That portion of Nipissing District Minas Basin; then southwest along the south of the Ottawa and Mattawa riv- Hants/Kings County border to the ers; and

412

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.77–3

(7) That portion of Nipissing District Augustin-de-Desmaures, Sainte-Foy, south of highway 17 and west of the Sillery, and Vanier; and City of North Bay; and (5) That portion of the regional coun- (8) That portion of Sudbury District ty municipality of La Valle´e-de-la- that includes the City of Sudbury and Gatineau that includes the following the townships of Baldwin, Dryden, municipalities: Denholm, Gracefield, Dunlop, Graham, Hallam, Hymen, In- Kazabazua, Lac-Sainte-Marie, Low, dian Reserves #4, #5, and #6, Lorne, Northfield, and Wright; and Louise; May, McKim, Nairn, Neelon, (6) That portion of the regional coun- Porter, Salter, Shakespeare, Victoria, ty municipality of Le Centre-de-la- and Waters; and Mauricie that includes the following (9) That portion of the Sudbury Dis- municipalities: Charette, Notre-Dame- trict south of Highway 17. du-Mont-Carmel, Sainte-Elie, (d) Province of Quebec. (1) That por- Shawinigan, and Shawinigan (Sud); and tion of the Province of Quebec that in- (7) That portion of the regional coun- cludes the following regional county ty municipality of Les Laurentides municipalities: Acton, Arthabaska, As- that includes the following munici- bestos, Beauce-Sartigan, Beauharnois- pality: La Conception; and Salaberry, Be´cancour, Bellechasse, (8) That portion of the regional coun- Brome-Missisquoi, Champlain, ty municipality of Les Pays-d’en-Haut Coaticook, Communaute´ Urbaine de that includes the following munici- Montre´al, Communaute´ Urbaine de pality: Mont-Rolland; and L’Outaouais, D’Autray, Desjardins, (9) That portion of the regional coun- Deux-Montagnes, Drummond, ty municipality of Maskinonge´ that in- Francheville, Joliette, L’Amiante, cludes the following municipalities: L’Assomption, L’E´ rable, L’ıˆle- Louiseville, Maskinonge´, Saint-Joseph- d’Orle´ans, Lajemmerais, Laval, La de-Maskinonge´, Saint-Barnabe´, Saint- Nouvelle-Beauce, La Rivie`re-du-Nord, Se´ve`re, Saint-Le´on-le-Grand, Saint- La Valle´e-du-Richelieu, Le Bas- Paulin, Sainte-Ursule, Saint-Justin, Richelieu, Le Granit, Le Haut- Saint-e´douard-de-Maskinonge´, Sainte- Richelieu, Le Haut-Saint-Francois, Le Ange`le-de-Pre´mont, and Yamachiche; Haut-Saint-Laurent, Le Haute- and Yamaska, Le Val-Saint-Francois, Les (10) That portion of the regional Chutes-de-la-Chaudire, Les Collines-de- county municipality of Matawinie that L’Outaouais, Les Etchemins, Les includes the following municipalities: Jardins-de-Napierville, Les Saint-Fe´lix-de-Valois, Saint-Jean-de- Maskoutains, Les Moulins, Lotbinie`re, Matha, Rawdon, and Chertsey; and Memphre´magog, Mirabel, Montcalm, (11) That portion of the regional Montmagny, Nicolet-Yamaska, Robert- county municipality of Papineau that Cliche, Roussillon, Rouville, includes the following municipalities: Sherbrooke, Therese-de Blainville, and Fassett, Lochaber, Lochaber-Partie- Vaudreuil-Soulanges; and Ouest, Mayo, Montebello, Montpellier, (2) That portion of the regional coun- Mulgrave-et-Derry, Notre-Dame-de- ty municipality of Antoine-Llabelle Bon-Secours-Partie-Nord, that includes the following municipali- Papineauville, Plaisance, Ripon (Vil- ties: Notre-Dame-du-Laus, Notre- lage et Canton), Saint-Andre´-Avellin Dame-de-Pontmain, and Saint-Aime´- (Village et Paroise), Sainte-Ange´lique, du-Lac-des-Iles; and Saint-Sixte, and Thurso; and (3) That portion of the regional coun- (12) That portion of the regional ty municipality of Argenteuil that in- county municipality of Pontiac that cludes the following municipalities: includes the following municipalities: Brownsburg, Calumet, Carillon, Chat- Bristol, Shawville, Clarendon, Portage- ham, Grenville, Lachute, Saint-Andre´- du-Fort, Bryson, Campbell’s Bay, d’Argenteuil, and Saint-Andre´-Est; and Grand-Calumet, Litchfield, Thorne, (4) That portion of the regional coun- Alleyn-et-Cawood, Leslie-Clapham-et- ty municipality of Communaute´ Huddersfield, Fort-Coulonge, Mans- Urbaine De Que´bec that includes the field-et-Pontefract, Waltham-et- following municipalities: Cap-Rouge, Bryson, L’Isle-aux-Allumettes-Partie- L’Ancienne-Lorette, Que´bec, Saint- Est, Chapeau, L’Isle-aux-Allumettes,

413

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR § 319.77–4 7 CFR Ch. III (1–1–18 Edition)

Chichester, Sheen-Esher-Aberdeen-et- have been treated for gypsy moth in Malakoff, and Rapides-des-Joachims; accordance with part 305 of this chap- and ter. (13) That portion of the regional (ii) If the trees or shrubs originated county municipality of Portneuf that in a Canadian noninfested area, they includes the following municipalities: must be accompanied by a certification Cap-Sante´, Deschambault, Donnacona, of origin stating that they were pro- Grondines, Neuville, and Pointe-aux- duced in an area of Canada where Trembles. gypsy moth is not known to occur. (b) Bark and bark products and logs [65 FR 38175, June 20, 2000, as amended at 67 2 FR 59453, Sept. 23, 2002] and pulpwood with bark attached. (1) Bark and bark products or logs or pulp- § 319.77–4 Conditions for the importa- wood with bark attached that are des- tion of regulated articles. tined for a U.S. infested area and that (a) Trees and shrubs. 1 (1) Trees with- will not be moved through any U.S. out roots (e.g., Christmas trees), trees noninfested area other than non- with roots, and shrubs with roots and infested areas in the counties of persistent woody stems may be im- Aroostock, Franklin, Oxford, ported into the United States from any Piscataquis, Penobscot, and Somerset, area of Canada without restriction ME (i.e., areas in those counties that under this subpart if they: are not listed in § 301.45–3 of this chap- (i) Were greenhouse-grown through- ter) may be imported from any area of out the year; Canada without restriction under this (ii) Are destined for a U.S. infested subpart. area and will not be moved through (2) Bark and bark products or logs or any U.S. noninfested areas; or pulpwood with bark attached that are (iii) Are Christmas trees destined for destined for a U.S. noninfested area or a U.S. infested area and will not be will be moved through a U.S. non- moved through any U.S. noninfested infested area may be imported into the areas other than noninfested areas in United States from Canada only under the counties of Aroostock, Franklin, the following conditions: Oxford, Piscataquis, Penobscot, and (i) If the bark, bark products, logs, or Somerset, ME (i.e., areas in those coun- pulpwood originated in a Canadian in- ties that are not listed in 7 CFR 301.45– fested area, they must be either: 3). (A) Accompanied by an officially en- (2) Trees without roots (e.g., Christ- dorsed Canadian phytosanitary certifi- mas trees), trees with roots, and shrubs cate that includes an additional dec- with roots and persistent woody stems laration confirming that they have that are destined for a U.S. noninfested been inspected and found free of gypsy area or will be moved through a U.S. moth or that they have been treated noninfested area may be imported into for gypsy moth in accordance with part the United States from Canada only 305 of this chapter; or under the following conditions: (B) Destined for a specified U.S. proc- (i) If the trees or shrubs originated in essing plant or mill under compliance a Canadian infested area, they must be agreement with the Animal and Plant accompanied by an officially endorsed Health Inspection Service for specified Canadian phytosanitary certificate handling or processing. that includes an additional declaration (ii) If the bark, bark products, logs, confirming that the trees or shrubs or pulpwood originated in a Canadian have been inspected and found free of noninfested area, they must be accom- gypsy moth or that the trees or shrubs panied by a certification of origin stat- ing that they were produced in an area of Canada where gypsy moth is not 1 Trees and shrubs from Canada may be subject to additional restrictions under known to occur. ‘‘Subpart-Nursery Stock, Plants, Roots, Seeds, and Other Plant Products’’ (§§ 319.37 2 Bark, bark products, and logs from Can- through § 319.37–14 of this part) and ‘‘Sub- ada are also subject to restrictions under part—Logs, Lumber, and Other Unmanufac- ‘‘Subpart—Logs, Lumber, and Other Un- tured Wood Articles’’ (§§ 319.40–1 through manufactured Wood Articles’’ (§§ 319.40 319.40–11 of this part). through 319.40–11 of this part).

414

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00424 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR Animal and Plant Health Inspection Service, USDA Pt. 322

(c) Outdoor household articles and mo- 322.2 General requirements for interstate bile homes and their associated equip- movement and importation. ment. (1) Outdoor household articles 322.3 Costs and charges. and mobile homes and their associated Subpart B—Importation of Adult Honey- equipment that are destined for a U.S. bees, Honeybee Germ Plasm, and infested area and will not be moved Bees Other Than Honeybees From Ap- through any U.S. noninfested areas proved Regions may be imported from any area in Can- ada without restriction under this sub- 322.4 Approved regions. part. 322.5 General requirements. (2) Outdoor household articles and 322.6 Export certificate. mobile homes and their associated 322.7 Notice of arrival. equipment that are being moved from a 322.8 Packaging of shipments. 322.9 Mailed packages. Canadian noninfested area may be im- 322.10 Inspection; refusal of entry. ported into any area of the United 322.11 Ports of entry. States without restriction under this 322.12 Risk assessment procedures for ap- subpart. proving countries. (3) Outdoor household articles and mobile homes and their associated Subpart C—Importation of Restricted equipment that are being moved from a Organisms Canadian infested area into a U.S. non- 322.13 General requirements; restricted or- infested area, or that will be moved ganisms. through a U.S. noninfested area, may 322.14 Documentation; applying for a permit be imported into the United States to import a restricted organism. only if they are accompanied by a 322.15 APHIS review of permit applications; statement, signed by their owner, stat- denial or revocation of permits. ing that they have been inspected and 322.16 Packaging of shipments. found free of gypsy moth. 322.17 Mailed packages. 322.18 Restricted organisms in a commercial (Approved by the Office of Management and vehicle arriving at a land border port in Budget under control number 0579–0142) the United States. [64 FR 45866, Aug. 23, 1999, as amended at 65 322.19 Inspection; refusal of entry. FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, 322.20 Ports of entry. 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, 322.21 Post-entry handling. July 19, 2006] Subpart D—Transit of Restricted Organisms § 319.77–5 Disposition of regulated ar- Through the United States ticles denied entry. 322.22 General requirements. Any regulated article that is denied 322.23 Documentation. entry into the United States because it 322.24 Packaging of transit shipments. does not meet the requirements of this 322.25 Notice of arrival. subpart must be promptly safeguarded 322.26 Inspection and handling. 322.27 Eligible ports for transit shipments. or removed from the United States. If the article is not promptly safeguarded Subpart E—Importation and Transit of or removed from the United States, it Restricted Articles may be seized, destroyed, or otherwise disposed of in accordance with section 322.28 General requirements; restricted arti- 414 of the Plant Protection Act (7 cles. U.S.C. 7714). 322.29 Dead bees. 322.30 Export certificate. [64 FR 45866, Aug. 23, 1999, as amended at 66 322.31 Notice of arrival. FR 21057, Apr. 27, 2001] 322.32 Mailed packages. 322.33 Restricted articles in a commercial bonded vehicle arriving at a land border PART 322—BEES, BEEKEEPING BY- port in the United States. PRODUCTS, AND BEEKEEPING 322.34 Inspection; refusal of entry. EQUIPMENT 322.35 Ports of entry. AUTHORITY: 7 U.S.C. 281; 7 U.S.C. 7701–7772 Subpart A—General Provisions and 7781–7786; 7 CFR 2.22, 2.80, and 371.3. Sec. SOURCE: 69 FR 61747, Oct. 21, 2004, unless 322.1 Definitions. otherwise noted.

415

VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00425 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016 nshattuck on DSK9F9SC42PROD with CFR