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264 Subpart—Sweetpotatoes

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264 Subpart—Sweetpotatoes § 318.30 7 CFR Ch. III (1–1–06 Edition) vegetables moved under this section shall be deemed to be a violation of must be 60 °F or lower from the time this section. the fruits and vegetables leave Hawaii (Approved by the Office of Management and until they exit the continental United Budget under control number 0579–0088) States. [58 FR 7959, Feb. 11, 1993; 58 FR 40190, July 27, (l) Prohibited materials. (1) The person 1993, as amended at 59 FR 67133, Dec. 29, 1994; in charge of or in possession of a sealed 59 FR 67609, Dec. 30, 1994] container used for movement into or through the continental United States Subpart—Sweetpotatoes under this section must ensure that the sealed container is carrying only those § 318.30 Notice of quarantine. fruits and vegetables authorized by the (a) The Administrator of the Animal transit permit required under para- and Plant Health Inspection Service graph (a) of this section; and has determined that it is necessary to (2) The person in charge of or in pos- quarantine Hawaii and Puerto Rico to session of any means of conveyance or prevent the spread to other parts of the container returned to the United United States of the sweetpotato States without being reloaded after scarabee (Euscepes postfasciatus being used to export fruits and vegeta- Fairm.), and the sweetpotato stem bles from the United States under this borer (Omphisa anastomosalis Guen.), section must ensure that the means of dangerous insect infestations new to conveyance or container is free of ma- and not widely prevalent or distributed terials prohibited importation into the within or throughout the United United States under this chapter. States, and that it is necessary also to (m) Authorization by APHIS of the quarantine the Virgin Islands of the movement of fruits and vegetables into United States to prevent the spread to or through the continental United other parts of the United States of the States under this section does not sweetpotato scarabee. imply that the fruits and vegetables (b) Under the authority of sections are enterable into the destination 411, 412, 414, and 434 of the Plant Pro- tection Act (7 U.S.C. 7711, 7712, 7714, country. Shipments returned to the and 7754), Hawaii, Puerto Rico, and the United States from the destination Virgin Islands of the United States are country shall be subject to all applica- quarantined to prevent the spread of ble regulations, including ‘‘Subpart— the sweetpotato scarabee (Euscepes Fruits and Vegetables’’ of part 319 of postfasciatus Fairm.) and the this chapter, and part 352 of this chap- sweetpotato stem borer (Omphisa ter. anastomosalis Guen.). (n) Any restrictions and require- (c) No variety of sweetpotatoes ments with respect to the arrival, tem- (Ipomoea batatas Poir.) shall be porary stay, unloading, transloading, shipped, offered for shipment to a com- transiting, exportation, or other move- mon carrier, received for transpor- ment or possession in the United tation or transported by a common States of any fruits or vegetables under carrier, or carried, transported, moved, this section shall apply to any person or allowed to be moved by any person who, respectively, brings into, main- from Hawaii, Puerto Rico, or the Vir- tains, unloads, transloads, transports, gin Islands of the United States into or exports, or otherwise moves or pos- through any other State, Territory, or sesses in the United States such fruits District of the United States: Provided, or vegetables, whether or not that per- That the prohibitions of this section son is the one who was required to have shall not prohibit the movement of a transit permit or limited permit for sweetpotatoes in either direction be- the fruits or vegetables or is a subse- tween Puerto Rico and the Virgin Is- lands of the United States; nor prohibit quent custodian of the fruits or vegeta- the movement of sweetpotatoes by the bles. Failure to comply with all appli- U.S. Department of Agriculture for sci- cable restrictions and requirements entific or experimental purposes; nor under this section by such a person prohibit the movement from Puerto 264 VerDate Aug<31>2005 14:27 Feb 01, 2006 Jkt 208016 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\208016.XXX 208016 Animal and Plant Health Inspection Service, USDA § 318.30a Rico or the Virgin Islands of the § 318.30a Administrative instructions United States of sweetpotatoes which authorizing movement from Puerto the Deputy Administrator of the Plant Rico of certain sweetpotatoes Protection and Quarantine Programs grown under specified conditions. may authorize under permit or certifi- The Deputy Administrator of the cate to such northern ports of the Plant Protection and Quarantine Pro- United States as he may designate in grams hereby finds that facts exist as such permit or certificate, conditioned to the pest risk involved in the move- upon the fumigation of such ment of sweetpotatoes to which § 318.30 sweetpotatoes under the supervision of applies, making it safe to modify by an inspector of said Programs either in making less stringent the requirements Puerto Rico or the Virgin Islands of of § 318.30 with respect to washed the United States or at the designated sweetpotatoes graded by inspectors of port of arrival, in a manner approved the Commonwealth of Puerto Rico in by the said Deputy Administrator; nor accordance with Puerto Rican stand- prohibit the movement from Hawaii of ards which do not provide a tolerance sweetpotatoes which the Deputy Ad- for insect infestation or evidence of in- ministrator of the Plant Protection sect injury and found by such inspec- and Quarantine Programs may author- tors to comply with such standards. ize under permit or certificate to such Hereafter, in addition to movement au- ports of the United States as he may thorized under § 318.30(c), such designate in such permit or certificate, sweetpotatoes will be eligible for in- conditioned upon the irradiation of spection by a Branch inspector to de- such sweetpotatoes in accordance with termine whether they are free of the § 318.13–4f or upon the fumigation of sweetpotato scarabee (Euscepes such sweetpotatoes in Hawaii under postfasciatus Fairm.) and for certifi- the supervision of an inspector of said cation for movement from Puerto Rico Programs, in a manner approved by the to Baltimore, Maryland, and Atlantic said Deputy Administrator: Provided, Coast ports north thereof if found free further, That whenever the Deputy Ad- of such insect, provided the ministrator of the Plant Protection sweetpotatoes are certified by an in- and Quarantine Programs shall find spector of the Commonwealth of Puer- that facts exist as to pest risk involved to Rico as having been so washed and in the movement of sweetpotatoes or graded and as having been grown in ac- any classification thereof to which this cordance with the following proce- subpart applies, making it safe to mod- dures: ify, by making less stringent, the re- (a) Fields in which the sweetpotatoes quirements contained therein, he shall have been grown shall have been given set forth and publish such finding in a preplanting treatment with an ap- administrative instructions specifying proved soil insecticide. the manner in which the subpart (b) Before planting in such treated should be made less stringent, where- fields, the sweetpotoato draws and vine upon such modification shall become cuttings shall have been dipped in an effective. approved insecticidal solution. (d) As used in this section, the term (c) During the growing season an ap- State, Territory, or District of the United proved insecticide shall have been ap- States means ‘‘Guam, Hawaii, Puerto plied to the vines at prescribed inter- Rico, the Virgin Islands of the United vals. States, or the continental United The sweetpotatoes shall be inspected States.’’ by an inspector of the Plant Protection [24 FR 10777, Dec. 29, 1959, as amended at 36 and Quarantine Programs prior to ship- FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, ment from Puerto Rico. 1972; 66 FR 21054, Apr. 27, 2001; 68 FR 37936, June 26, 2003] 265 VerDate Aug<31>2005 14:27 Feb 01, 2006 Jkt 208016 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\208016.XXX 208016.
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