257 Part 319—Foreign Quarantine Notices

Animal and Plant Health Inspection Service, USDA Pt. 319

PART 319—FOREIGN QUARANTINE 319.15a Administrative instructions and interpretation relating to entry into Guam NOTICES of bagasse and related sugarcane products. Subpart—Requests To Amend The Regulations Subpart—Citrus Canker and Other Citrus Diseases 319.5 Requirements for submitting requests to change the regulations in 7 CFR part 319.19 Notice of quarantine. 319. Subpart—Corn Diseases Subpart—Foreign Cotton and Covers QUARANTINE QUARANTINE 319.24 Notice of quarantine. Sec. 319.24a Administrative instructions relating 319.8 Notice of quarantine. to entry of corn into Guam. 319.8a Administrative instructions relating to the entry of cotton and covers into REGULATIONS GOVERNING ENTRY OF INDIAN Guam. CORN OR MAIZE 319.24–1 Applications for permits for impor- REGULATIONS; GENERAL tation of corn. 319.8–1 Definitions. 319.24–2 Issuance of permits. 319.24–3 Marking as condition of entry. CONDITIONS OF IMPORTATION AND ENTRY OF 319.24–4 Notice of arrival of corn by per- COTTON AND COVERS mittee. 319.8–2 Permit procedure. 319.24–5 Condition of entry. 319.8–3 Refusal and cancellation of permits. 319.8–4 Notice of arrival. Subpart—Citrus Fruit 319.8–5 Marking of containers. 319.28 Notice of quarantine. 319.8–6 Cottonseed cake and cottonseed meal. 319.8–7 Processed lint, linters, and waste. Subpart—Nursery Stock, Plants, Roots, 319.8–8 Lint, linters, and waste. Bulbs, Seeds, and Other Plant Products 319.8–9 Hull fiber and gin trash. 319.37 Prohibitions and restrictions on im- 319.8–10 Covers. portation; disposal of articles refused im- SPECIAL CONDITIONS FOR THE ENTRY OF portation. COTTON AND COVERS FROM MEXICO 319.37–1 Definitions. 319.37–2 Prohibited articles. 319.8–11 From approved areas of Mexico. 319.37–3 Permits. 319.8–12 From the West Coast of Mexico. 319.37–4 Inspection, treatment, and 319.8–13 From Northwest Mexico. phytosanitary certificates of inspection. 319.8–14 Mexican cotton and covers not oth- 319.37–5 Special foreign inspection and cer- erwise enterable. tification requirements. 319.37–6 Specific treatment and other re- MISCELLANEOUS PROVISIONS quirements. 319.8–16 Importation into United States of 319.37–7 Postentry quarantine. cotton and covers exported therefrom. 319.37–8 Growing media. 319.8–17 Importation for exportation, and 319.37–9 Approved packing material. importation for transportation and ex- 319.37–10 Marking and identity. portation; storage. 319.37–11 Arrival notification. 319.8–18 Samples. 319.37–12 Prohibited articles accompanying 319.8–19 Cottonseed or seed cotton for exper- restricted articles. imental or scientific purposes. 319.37–13 Treatment and costs and charges 319.8–20 Importations by the Department of for inspection and treatment; treatments Agriculture. applied outside the United States. 319.8–21 Release of cotton and covers after 319.37–14 Ports of entry. 18 months’ storage. 319.8–22 Ports of entry or export. Subpart—Logs, Lumber, and Other 319.8–23 Treatment. Unmanufactured Wood Articles 319.8–24 Collection and disposal of waste. 319.8–25 Costs and charges. 319.40–1 Definitions. 319.8–26 Material refused entry. 319.40–2 General prohibitions and restrictions; relation to other regulations. Subpart—Sugarcane 319.40–3 General permits; articles that may be imported without a specific permit; 319.15 Notice of quarantine. articles that may be imported without

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either a specific permit or an importer 319.56–4 Approval of certain fruits and vege- document. tables for importation. 319.40–4 Application for a permit to import 319.56–5 Pest-free areas. regulated articles; issuance and with- 319.56–6 Trust fund agreements. drawal of permits. 319.56–7 Territorial applicability and excep- 319.40–5 Importation and entry require- tions. ments for specified articles. 319.56–8—319.56–9 [Reserved] 319.40–6 Universal importation options. 319.56–10 Importation of fruits and vegeta- 319.40–7 Treatments and safeguards. bles from Canada. 319.40–8 Processing at facilities operating 319.56–11 Importation of dried, cured, or under compliance agreements. processed fruits, vegetables, nuts, and 319.40–9 Inspection and other requirements legumes. at port of first arrival. 319.56–12 Importation of frozen fruits and 319.40–10 Costs and charges. vegetables. 319.40–11 Plant pest risk assessment stand- 319.56–13 Additional requirements for cer- ards. tain fruits and vegetables. 319.56–14—319.56–19 [Reserved] Subpart—Indian Corn or Maize, 319.56–20 Apples and pears from Australia Broomcorn, and Related Plants (including Tasmania) and New Zealand. QUARANTINE 319.56–21 Okra from certain countries. 319.56–22 Apples and pears from certain 319.41 Notice of quarantine. countries in Europe. 319.41a Administrative instructions relating 319.56–23 Apricots, nectarines, peaches, to entry into Guam of broomcorn, plumcot, and plums from Chile. brooms, and similar articles. 319.56–24 Lettuce and peppers from Israel. 319.41b Administrative instructions pre- 319.56–25 Papayas from Central America and scribing conditions for entry of Brazil. broomstraw without treatment. 319.56–26 Melon and watermelon from cer- RULES AND REGULATIONS tain countries in South America. 319.56–27 Fuji variety apples from Japan and 319.41–1 Plant products permitted entry. the Republic of Korea. 319.41–2 Application for permits. 319.56–28 Tomatoes from certain countries. 319.41–3 Issuance of permits. 319.56–29 Ya variety pears from China. 319.41–4 Notice of arrival by permittee. 319.56–30 Hass avocados from Michoacan, 319.41–5 Condition of entry. Mexico. 319.41–5a Administrative instructions; 319.56–31 Peppers from Spain. method used for the disinfection of im- 319.56–32 Peppers from New Zealand. ported broomcorn and broomcorn 319.56–33 Mangoes from the Philippines. brooms. 319.41–6 Importations by mail. 319.56–34 Clementines from Spain. 319.56–35 Persimmons from the Republic of Subpart—Rice Korea. 319.56–36 Watermelon, squash, cucumber, QUARANTINE and oriental melon from the Republic of Korea. 319.55 Notice of quarantine. 319.56–37 Grapes from the Republic of Korea. 319.55a Administrative instructions relating 319.56–38 Citrus from Chile. to entry of rice straw and rice hulls into Guam. 319.56–39 Fragrant pears from China. 319.56–40 Peppers from certain Central RULES AND REGULATIONS American countries. 319.56–41 Citrus from Peru. 319.55–1 Definitions. 319.56–42 Peppers from the Republic of 319.55–2 Application for permit. Korea. 319.55–3 Ports of entry. 319.56–43 Baby corn and baby carrots from 319.55–4 Issuance of permits. Zambia. 319.55–5 Notice of arrival by permittee. 319.55–6 Inspection and disinfection at port 319.56–44 Untreated grapefruit, sweet or- of arrival. anges, and tangerines from Mexico for processing. 319.55–7 Importations by mail. 319.56–45 Shelled garden peas from Kenya. Subpart—Fruits and Vegetables 319.56–46 Mangoes from India. 319.56–47 Certain fruits from Thailand. 319.56–1 Notice of quarantine. 319.56–48 Conditions governing the entry of 319.56–2 Definitions. baby squash and baby courgettes from 319.56–3 General requirements for all im- Zambia. ported fruits and vegetables. 319.56–49 Eggplant from Israel.

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Subpart—Wheat Diseases 319.77–3 Gypsy moth infested areas in Can- ada. 319.59 Prohibitions on importation; disposal 319.77–4 Conditions for the importation of of articles refused importation. regulated articles. 319.59–1 Definitions. 319.77–5 Disposition of regulated articles de- 319.59–2 General import prohibitions; excep- nied entry. tions. 319.59–3 Articles prohibited importation AUTHORITY: 7 U.S.C. 450 and 7701–7772 and pending risk evaluation. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 319.59–4 Karnal bunt. 2.80, and 371.3. SOURCE: 24 FR 10788, Dec. 29, 1959, unless Subpart—Packing Materials otherwise noted.

QUARANTINE 319.69 Notice of quarantine. Subpart—Requests To Amend The 319.69a Administrative instructions and in- Regulations terpretation relating to the entry into Guam of plant materials specified in § 319.5 Requirements for submitting § 319.69. requests to change the regulations in 7 CFR part 319. RULES AND REGULATIONS (a) Definitions. 319.69–1 Definitions. Commodity. A plant, plant product, or 319.69–2 Freedom from pests. other agricultural product being moved 319.69–3 Entry inspection. for trade or other purpose. 319.69–4 Disposition of materials found in violation. (b) Procedures for submitting requests 319.69–5 Types of soil authorized for pack- and supporting information. Persons who ing. request changes to the import regulations contained in this part and who Subpart—Coffee wish to import plants, plant parts, or plant products that are not allowed im- 319.73–1 Definitions. 319.73–2 Products prohibited importation. portation under the conditions of this 319.73–3 Conditions for transit movement of part must file a request with the Ani- certain products through Puerto Rico or mal and Plant Health Inspection Serv- Hawaii. ice (APHIS) in order for APHIS to con- 319.73–4 Costs. sider whether the new commodity can be safely imported into the United Subpart—Cut Flowers States. The initial request can be for- 319.74–1 Definitions. mal (e.g., a letter) or informal (e.g., 319.74–2 Conditions governing the entry of made during a bilateral discussion be- cut flowers. tween the United States and another 319.74–3 Importations by the Department. country), and can be made by any per- 319.74–4 Costs and charges. son. Upon APHIS confirmation that granting a person’s request would re- Subpart—Khapra Beetle quire amendments to the regulations 319.75 Restrictions on importation of rein this part, the national plant protec- stricted articles; disposal of articles re- tion organization of the country from fused importation. which the commodity would be ex- 319.75–1 Definitions. ported must provide APHIS with the 319.75–2 Restricted articles. information listed in paragraph (d) of 319.75–3 Permits. this section before APHIS can proceed 319.75–4 Treatments. 319.75–5 Marking and identity. with its consideration of the request; 319.75–6 Arrival notification. requests that are not supported with 319.75–7 Costs and charges. this information in a timely manner 319.75–8 Ports of entry. will be considered incomplete and 319.75–9 Inspection and phytosanitary cer- APHIS may not take further action on tificate of inspection. such requests until all required information is submitted. Subpart—Gypsy Moth Host Material from (c) Addresses. The national plant pro- Canada tection organization of the country 319.77–1 Definitions. from which commodities would be ex- 319.77–2 Regulated articles. ported must submit the information

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listed in paragraph (d) of this section entific name (including genus, species, to: Commodity Import Analysis and and author names) and taxonomic clas- Operations, PPQ, APHIS, 4700 River sification of arthropods, fungi, bac- Road Unit 140, Riverdale, MD 20737. teria, nematodes, virus, viroids, mol- (d) Information. The following infor- lusks, phytoplasmas, spiroplasmas, mation must be provided to APHIS in etc., attacking the crop; order for APHIS to consider a request (ii) Plant part attacked by each pest, to change the regulations in part 319: pest life stages associated with each (1) Information about the party submit- plant part attacked, and location of ting the request. The address, telephone pest (in, on, or with commodity); and and fax numbers, and e-mail addresses (iii) References. of the national plant protection organi- (5) Current strategies for risk mitigation zation of the country from which com- or management. (i) Overview of agro- modities would be exported; or, for re- nomic or horticultural management quests that address a multi-country re- practices used in production of the gion, the address, telephone and fax commodity, including methods of pest numbers, and e-mail addresses of the risk mitigation or control programs; exporting countries’ national and re- and gional plant protection plant protec- (ii) Identification of parties respon- tion organizations. sible for pest management and control. (2) Information about the commodity (e) Additional information. None of the proposed for importation into the United additional information listed in this States. (i) A description and/or map of paragraph need be provided at the same the specific location(s) of the areas in time as information required under the exporting country where the paragraphs (a) through (d) of this sec- plants, plant parts, or plant products tion; it is required only upon request are produced; by APHIS. If APHIS determines that (ii) The scientific name (including additional information is required in genus, species, and author names), syn- order to complete a pest risk analysis onyms, and taxonomic classification of in accordance with international the commodity; standards for pest risk analysis, we (iii) Identification of the particular will notify the party submitting the re- plant or plant part (i.e., fruit, leaf, quest in writing what specific addi- root, entire plant, etc.) and any associ- tional information is required. If this ated plant part proposed for importa- information is not provided, and is not tion into the United States; available to APHIS from other sources, (iv) The proposed end use of the im- a request may be considered incom- ported commodity (e.g., propagation, plete and APHIS may be unable to take consumption, milling, decorative, proc- further action on the request until the essing, etc.); and necessary additional information is (v) The months of the year when the submitted. The additional information commodity would be produced, har- may include one or more of the fol- vested, and exported. lowing types of information: (3) Shipping information: (i) Detailed information as to the projected quan- (1) Contact information: Address, tity and weight/Volume of the proposed phone and fax numbers, and/or e-mail importation, broken down according to address for local experts (e.g., academi- varieties, where applicable, and; cians, researchers, extension agents) (ii) Method of shipping in inter- most familiar with crop production, en- national commerce and under what tomology, plant pathology, and other conditions, including type of conveyance, and type, size, and capacity of modity that is already authorized for impor- packing boxes and/or shipping con- tation into the United States, an update to tainers. or confirmation of previously submitted pest (4) Description of pests and diseases as- and disease information, rather than a new, complete submission of that information, 1 sociated with the commodity (i) Sci- may be appropriate. Persons seeking such a change may contact APHIS for a determina- 1 When a change is being sought to the con- tion as to whether an update will be appro- ditions governing the importation of a com- priate in a particular case.

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relevant characteristics of the com- (iii) Period of attack (e.g., attacks modity proposed for importation. young fruit beginning immediately (2) Additional information about the after blooming) and records of pest in- commodity: (i) Common name(s) in cidence (e.g., percentage of infested English and the language(s) of the ex- plants or infested fruit) over time (e.g., porting country; during the different phenological (ii) Cultivar, variety, or group de- stages of the crops and/or times of the scription of the commodity; year); (iii) Stage of maturity at which the (iv) Economic losses associated with crop is harvested and the method of pests of concern in the country; harvest; (v) Pest biology or disease etiology or (iv) Indication of whether the crop is epidemiology; and grown from certified seed or nursery (vi) Photocopies of literature cited in stock, if applicable; support of the information above. (v) If grown from certified seed or (7) Current strategies for risk mitigation stock, indication of the origin of the or management: (i) Description of pre- stock or seed (country, State); and harvest pest management practices (in- (vi) Color photographs of plant, plant cluding target pests, treatments [e.g., part, or plant product itself. pesticides], or other control methods) (3) Information about the area where as well as evidence of efficacy of pest the commodity is grown: (i) Unique char- management treatments and other acteristics of the production area in control methods; terms of pests or diseases; (ii) Efficacy of post-harvest proc- (ii) Maps of the production regions, essing treatments in pest control; pest-free areas, etc.; (iii) Culling percentage and efficacy (iii) Length of time the commodity of culling in removing pests from the has been grown in the production area; commodity; and (iv) Status of growth of production (iv) Description of quality assurance area (i.e., acreage expanding or stable); activities, efficacy, and efficiency of and monitoring implementation. (v) Physical and climatological de- (8) Existing documentation: Relevant scription of the growing area. pest risk analyses, environmental as- (4) Information about post-harvest tran- sessment(s), biological assessment(s), sit and processing: (i) Complete descrip- and economic information and anal- tion of the post-harvest processing methods used; and yses. (ii) Description of the movement of (f) Availability of additional guidance. the commodity from the field to proc- Information related to the processing essing to exporting port (e.g., method of requests to change the import regu- of conveyance, shipping containers, lations contained in this part may be transit routes, especially through dif- found on the APHIS Web site at http:// ferent pest risk areas). www.aphis.usda.gov/ppq/pra/. (5) Shipping methods: (i) Photographs (Approved by the Office of Management and of the boxes and containers used to Budget under control number 0579–0261) transport the commodity; and [71 FR 30567, May 30, 2006] (ii) Identification of port(s) of export and import and expected months (seasons) of shipment, including inter- Subpart—Foreign Cotton and mediate ports-of-call and time at inter- Covers mediate ports-of-call, if applicable. (6) Additional description of all pests QUARANTINE and diseases associated with the commodity to be imported: (i) Common § 319.8 Notice of quarantine. name(s) of the pest in English and local (a) Pursuant to sections 411–414 and language(s); 434 of the Plant Protection Act (7 (ii) Geographic distribution of the U.S.C. 7711–7714 and 7754), and after the pest in the country, if it is a quar- public hearing required thereunder, the antine pest and it follows the pathway; Administrator of the Animal and Plant

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Health Inspection Service hereby de- restrictions contained in any of such termines that the unrestricted impor- regulations, he or she shall publish tation into the United States from all such findings in the administrative in- foreign countries and localities of (1) structions, specifying the manner in any parts or products of plants of the which the restrictions shall be made genus Gossypium, including seed cot- less stringent, whereupon such modi- ton; cottonseed; cotton lint, linters, fication shall become effective; or he or and other forms of cotton fiber (not in- she may, upon request in specific cases, cluding yarn, thread, and cloth); cot- when the public interests will permit, tonseed hulls, cake, meal, and other authorize such importation under con- cottonseed products, except oil; cotton ditions specified in the permit to carry waste, including gin waste and thread out the purposes of this part that are waste; and any other unmanufactured less stringent than those contained in parts of cotton plants; and (2) second- the regulations. hand burlap and other fabrics, shredded (b) As used in this section the term or otherwise, which have been used or are of the kinds ordinarily used, for ‘‘United States’’ shall have the mean- containing cotton, grains (including ing ascribed to it in the regulations grain products), field seeds, agricul- supplemental hereto. tural roots, rhizomes, tubers, or other [24 FR 10788, Dec. 29, 1959, as amended at 36 underground crops, may result in the FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, entry into the United States of the 1972; 66 FR 21054, Apr. 27, 2001; 71 FR 10605, pink bollworm (Pectinophora Mar. 2, 2006] gossypiella (Saund.)), the golden nematode of potatoes Heterodera § 319.8a Administrative instructions rostochiensis Wr.), the flag smut dis- relating to the entry of cotton and ease (Urocystis tritici Koern.), and covers into Guam. other injurious plant diseases and in- The plants and products specified in sect pests, and said Administrator § 319.8(a) may be imported into Guam hereby further determines, that, in without further permit, other than the order to prevent the introduction into authorization contained in this para- the United States of said plant diseases graph. Sections 319.8–2 and 319.8–3 shall and insect pests, which are new to or not be applicable to such importations. not heretofore widely prevalent or dis- In addition, such importations need tributed within and throughout the not comply with the requirements of United States, it is necessary to forbid § 319.8–4 relating to notice of arrival in- the importation into the United States asmuch as there is available to the in- of the plants and products, including spector the essential information nor- fabrics, specified above, except as per- mally supplied by the importer at the mitted in the regulations supplemental time of importation. Sections 319.8–5 hereto. Hereafter the plants and prod- through 319.8–27 shall not be applicable ucts specified above shall not be im- to importations into Guam. Inspection ported or offered for entry into the of such importations may be made United States from any foreign country or locality except as permitted by under the general authority of said regulations, and the plants and § 330.105(a) of this chapter. If an impor- products permitted by the regulations tation is found infected, infested, or to be imported or offered for entry contaminated with any plant pest and shall be subject to sections 411–414 and is not subject to disposal under this 434 of the Plant Protection Act (7 part, disposition may be made in ac- U.S.C. 7711–7714 and 7754). Provided, cordance with § 330.106 of this chapter. That whenever the Deputy Adminis- trator of the Plant Protection and REGULATIONS; GENERAL Quarantine Programs shall find the existing conditions as to pest risk in- § 319.8–1 Definitions. volved in the importation of the arti- For the purposes of the regulations cles to which the regulations supple- in this subpart, the following words mental hereto apply, make it safe to shall be construed, respectively, to modify, by making less stringent the mean:

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Approved. Approved by the Deputy ing any whole bag, any bag that has Administrator of the Plant Protection been slit open, and any part of a bag, and Quarantine Programs. which have been used, or are of the Approved areas of Mexico. Any areas kinds ordinarily used, for containing of Mexico, other than those described cotton, grains (including grain prod- in paragraphs (q) and (r) of this sec- ucts), field seeds, agricultural roots, tion, which are designated by the Dep- rhizomes, tubers, or other underground uty Administrator as areas in which crops. Burlap and other fabrics, when cotton and cotton products are pro- new or unused are excluded from this duced and handled under conditions definition. comparable to those under which like Deputy Administrator, Plant Protection cotton and cotton products are pro- and Quarantine Programs. The Deputy duced and handled in the generally in- Administrator of the Plant Protection fested pink bollworm regulated area in and Quarantine Programs, or any offi- the United States. cer or employee of the Plant Protec- Approved fumigation facilities. Ap- tion and Quarantine Programs to proved vacuum fumigation plant at a whom authority has heretofore been port where an inspector is available to delegated or may hereafter be dele- supervise the fumigation. gated to act in his stead. Approved mill or plant. A mill or plant Gin trash. All of the material pro- operating under a signed agreement duced during the cleaning and ginning with the Plant Protection and Quar- of seed cotton, bollies or snapped cot- antine Programs required for approval ton except the lint, cottonseed, and gin of a mill or plant as specified in § 319.8– waste. 8(a)(2). Inspector. A properly identified em- Authorized. Authorized by the Deputy ployee of the U.S. Department of Agri- Administrator of the Plant Protection culture or other person authorized to and Quarantine Programs. enforce the provisions of the Plant Pro- Compressed. Compressed or pressed tection Act. and baled or packaged to a density Lint. All forms of raw ginned cotton, greater than approximately 20 pounds either baled or unbaled, except linters and less than approximately 28 pounds and waste. per cubic foot. Linters. All forms of cotton fiber sep- Compressed to high density. Com- arated from cottonseed after the lint pressed or pressed and baled or pack- has been removed, excluding so-called aged to a density of approximately 28 hull fiber. or more pounds per cubic foot. North, northern. When used to des- Contamination (contaminate). Con- ignate ports of arrival, these terms taining or bearing whole cottonseed or mean the port of Norfolk, Virginia, and seed cotton or other material which all Atlantic Coast ports north thereof, may carry the pink bollworm, the gold- ports along the Canadian border, and en nematode of potatoes, the flag smut Pacific Coast ports in the States of disease, or other injurious plant dis- Washington and Oregon. When used in eases or insect pests. (The verb con- a geographic sense to designate areas taminate shall be construed accord- or locations, these terms mean any ingly.) State in which cotton is not grown Cotton. Parts and products of plants commercially. However when cotton is of the genus Gossypium, including seed grown commercially in certain por- cotton; cottonseed; cotton lint, linters tions of a State, as is the case in Illi- and other forms of cotton fiber, not in- nois, Kansas, and Missouri, these terms cluding yarn, thread and cloth; cotton- include those portions of such State as seed hulls, cake, meal, and other cot- may be determined by the Deputy Ad- tonseed products, except oil; waste; and ministrator of the Plant Protection all other unmanufactured parts of cot- and Quarantine Programs as remote ton plants. from the main area of cotton produc- Cottonseed. Cottonseed from which tion. the lint has been removed. Northwest Mexico. All of the State of Covers. Second-hand burlap and other Baja California, Mexico, and that part fabrics, shredded or otherwise, includ- of the State of Sonora, Mexico, lying

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between San Luis Mesa and the Colo- of the Plant Protection and Quarantine rado River. Programs. 1 Permit. A form of authorization to Waste. All forms of cotton waste de- allow the importation of cotton or cov- rived from the manufacture of cotton ers in accordance with the regulations lint, in any form or under any trade in this subpart. designation, including gin waste and Person. Any individual, firm, corpora- thread waste; and waste products de- tion, company, society, or association, rived from the milling of cottonseed. or any organized group of any of the Gin trash is not within the definition foregoing. of waste. Pink bollworm regulated area; generally West Coast of Mexico. The State of infested pink bollworm regulated area. Sinaloa, the State of Sonora (except The pink bollworm regulated area con- that part of the Imperial Valley lying sists of those States or parts thereof between San Luis Mesa and the Colo- designated as regulated area in Admin- rado River), and the Southern Terri- istrative Instructions issued under tory of Baja California, in Mexico. § 301.52–2 of this chapter. The generally [24 FR 10788, Dec. 29, 1959, as amended at 27 infested pink bollworm regulated area FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, is that part of the regulated area des- 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, ignated as generally infested in the Apr. 27, 2001] said Administrative Instructions. Plant Protection and Quarantine Pro- CONDITIONS OF IMPORTATION AND ENTRY grams. The Plant Protection and Quar- OF COTTON AND COVERS antine Programs, Animal and Plant § 319.8–2 Permit procedure. Health Inspection Service, of the United States Department of Agri- (a) Except as otherwise provided for culture. in §§ 319.8–10 and 319.8–18, permits shall Root crop. The underground crop por- be obtained for importations into the tions of any plants. United States of all cotton and covers. Samples. Samples of lint, linters, Permits will be issued only for cotton waste, cottonseed cake, and cottonseed and covers authorized entry under §§ 319.8–6 through 319.8–20. Persons de- meal, of the amount and character usu- siring to import cotton or covers under ally required for trade purposes. §§ 319.8–6 through 319.8–20 shall, in ad- Seed cotton. Cotton as it comes from vance of departure of such material the field. from a foreign port, submit to the Treatment. Procedures administra- Plant Protection and Quarantine Pro- tively approved by the Deputy Admin- grams an application 2 stating the istrator of the Plant Protection and name and address of the importer, the Quarantine Programs for destroying country from which such material is to infestations or infections of insect be imported, and the kind of cotton or pests or plant diseases, such as fumiga- covers it is desired to import. Applica- tion, application of chemicals or dry or tions to import cottonseed shall state moist heat, or processing, utilization, the approximate quantity and the pro- or storage. posed United States port of entry. Ap- Uncompressed. Baled or packaged to a plications to import lint, linters, or density not exceeding approximately 20 waste shall state whether such mate- pounds per cubic foot. rials are compressed. United States. Any of the States, the District of Columbia, Guam, Puerto 1 A list of approved mills and plants may be Rico, or the Virgin Islands of the obtained from the Plant Protection and United States. Quarantine Programs, Room 710, U.S. Ap- Utilization. Processing or manufac- praisers Stores, 408 Atlantic Ave., Boston, ture, in lieu of fumigation at time of Mass. 02210. 2 Applications for permits should be made entry, at a mill or plant specifically to Plant Importations Branch, Plant Protec- approved by the Deputy Administrator tion and Quarantine Programs, 209 River Street, Hoboken, N.J. 07030.

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(b) Applications to import lint, lint- be deemed to invalidate the permit. ers, or waste at a port 3 other than one Permits may also be cancelled or may in the North, in California, or on the be refused as provided in § 319.8–3, or Mexican Border shall also specify entry denied as provided in §§ 319.8–11, whether the commodity is compressed 319.8–12, and § 319.8–13. to high density. (g) If through no fault of the im- (c) Applications for permits may be porter a shipment of cotton or covers made orally or on forms provided for arrives at a United States port in ad- the purpose by the Plant Protection vance of the issuance of a permit, it and Quarantine Programs, or may be may be held, under suitable safeguards made by a letter or telegram con- prescribed by the inspector at the port, taining all the information required by in Customs custody at the risk of the this section. importer, pending issuance of a permit, (d) Upon receipt and approval of such for a period not exceeding 20 days. application by the Plant Protection and Quarantine Programs, an indi- (h) Pending development of adequate vidual or continuing permit will be treating facilities in Guam, any cotton issued authorizing the importation and or covers that are subject to treatment specifying the port of entry and the as a condition of entry therein must conditions of entry. A copy of the per- first be entered and treated in accord- mit will be supplied to the importer. ance with the requirements of this sub- (e) Upon receipt of an application to part at a U.S. port of arrival where import lint, linters, waste, or covers, such treating facilities are available. without treatment, for utilization (Approved by the Office of Management and under agreement as defined in § 319.8– Budget under control number 0579–0049) 8(a)(2), an investigation will be made by an inspector to determine that the [24 FR 10788, Dec. 29, 1959, as amended at 48 receiving mill or plant is satisfactorily FR 57466, Dec. 30, 1983] located geographically, is equipped § 319.8–3 Refusal and cancellation of with all necessary safeguards, and is permits. apparently in a position to fulfill all precautionary conditions to which it (a) Permits for entry from the West may agree. Upon determination by the Coast of Mexico, as authorized in inspector that these qualifications are § 319.8–12 of lint, linters, waste, cotton- fulfilled, the owner or operator of the seed, and cottonseed hulls may be re- mill or plant may sign an agreement fused and existing permits cancelled by specifying that the required pre- the Deputy Administrator if he or she cautionary conditions will be main- has determined that the pink bollworm tained. Such signed agreement will be is present in the West Coast of Mexico a necessary requisite to the release at or in Northwest Mexico, or that other the port of entry of any imported lint, conditions exist therein that would in- linters, waste, or covers for forwarding crease the hazard of pest introduction to and utilization at such mill or plant into the United States. in lieu of vacuum fumigation or other (b) Permits for entry from Northwest treatment otherwise required by this Mexico as authorized in § 319.8–13 of subpart. Permits for the importation of lint, linters, waste, cottonseed, cotton- such materials will be issued in accord- seed hulls, and covers that have been ance with paragraph (a) of this section. used for cotton, may be refused and ex- (f) Permits for importation of any isting permits cancelled by the Deputy cotton or covers are conditioned upon Administrator if he or she has deter- compliance with all requirements set mined that the pink bollworm is forth therein and such additional represent in Northwest Mexico or in the quirements in this subpart as are in West Coast of Mexico, or that other terms applicable thereto. Failure to conditions exist therein that would in- comply with any such requirement will crease the hazard of pest introduction into the United States. 3 Including ports in Guam, Hawaii, Puerto Rico, and the Virgin Islands of the United [27 FR 5389, June 7, 1962, as amended at 36 FR States. 24917, Dec. 24, 1971; 70 FR 33324, June 7, 2005]

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§ 319.8–4 Notice of arrival. the conditions under which the safeguards are applied. Immediately upon arrival at a port of entry of any shipment of cotton or cov- [24 FR 10788, Dec. 29, 1959, as amended at 70 ers the importer shall submit in dupli- FR 33324, June 7, 2005] cate, through the United States Col- § 319.8–7 Processed lint, linters, and lector of Customs, or, in the case of waste. Guam, through the Customs officer of the Government of Guam, and for the Entry of lint, linters, and waste will Plant Protection and Quarantine Pro- be authorized without treatment but upon compliance with other applicable grams, a notice of such arrival, on a requirements of this subpart when the form provided for that purpose (Form inspector can determine that such lint, PQ–368) and shall give such informa- linters, and waste have been so proc- tion as is called for by that form. essed by bleaching, dyeing, or other (Approved by the Office of Management and means, as to have removed all cotton- Budget under control number 0579–0049) seed or to have destroyed all insect life. [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] § 319.8–8 Lint, linters, and waste. § 319.8–5 Marking of containers. (a) Compressed to high density. (1)(i) 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 a port in the State of California where [27 FR 5389, June 7, 1962, as amended at 48 FR there are no approved fumigation fa- 57466, Dec. 30, 1983] cilities may be entered for immediate transportation in bond via an all-water § 319.8–6 Cottonseed cake and cottonseed meal. route if available, otherwise by overland transportation in van-type trucks Entry of cottonseed cake and cotton- or box cars after approved surface seed meal will be authorized through treatment, or under such other condi- any port at which the services of an in- tions as may be deemed necessary and spector are available, subject to exam- are prescribed by the inspector to (a) ination by an inspector for freedom any port where approved fumigation fa- from contamination. If found to be free cilities are available, there to receive of contamination, importations of such the required vacuum fumigation before cottonseed cake and cottonseed meal release, or (b) to an approved mill or will be released from further plant plant for utilization. quarantine entry restrictions. If found (2) Entry of lint, linters, and waste to be contaminated such importations compressed to high density, will be au- will be refused entry or subjected as a thorized without vacuum fumigation at condition of entry to such safeguards any northern port, subject to move- as the inspector may prescribe, accord- ment to an approved mill or plant, the ing to a method selected by the inspec- owner or operator of which has exe- tor from administratively authorized cuted an agreement with the Plant procedures known to be effective under Protection and Quarantine Programs

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

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produce cotton, 4 arriving at a northern or under such other conditions as may port, subject to movement to an ap- be deemed necessary and are prescribed proved mill or plant. by the inspector. When such covers arrive at a port other than a northern, [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, California, or Mexican border port they 1971] 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 thereunder 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 has been used to cover only cotton § 319.8–10 Covers. 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 only after approved surface treatment this paragraph unless the covers are found to be contaminated. 4 For the purposes of this subpart the fol- (d) Bags, slit bags, parts of bags, and lowing countries are considered to be those other covers that have been used as in which cotton is not produced: Austria, containers for wheat or wheat products Belgium, Canada, Denmark, Republic of Ire- that have not been so processed as to land (Eire), Finland, France, Germany (both East and West), Great Britain and Northern have destroyed all flag smut disease Ireland (United Kingdom), Iceland, Liech- spores, or that have been used as con- tenstein, Luxembourg, Netherlands, Norway, tainers for field seeds separated from Portugal, Sweden, and Switzerland. wheat during the process of screening,

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and which arrive from a country named plant pest risk associated with their in § 319.59–2(a)(2) of this part, if in- entry. tended for reuse in this country as [24 FR 10788, Dec. 29, 1959, as amended at 27 grain containers may be authorized FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, entry, subject to immediate treatment 1971; 63 FR 31101, June 8, 1998] at the port of arrival. If such covers are not intended to be reused in this coun- SPECIAL CONDITIONS FOR THE ENTRY OF try as grain containers their entry may COTTON AND COVERS FROM MEXICO be authorized subject to movement for utilization to an approved mill or plant SOURCE: Sections 319.8–11 through 319.8–14 the owner or operator of which has exe- appear at 27 FR 5309, June 7, 1962, unless oth- cuted an appropriate agreement with erwise noted. 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 this paragraph only, may be entered (a) Entry of lint, linters, and waste without permit other than the author- (including gin and oil mill wastes) ization provided in this paragraph and which were derived from cotton grown without other restriction under this in, and which were produced and han- 5 subpart upon presentation to an in- dled only in approved areas of Mexico spector of satisfactory evidence that may be authorized through Mexican they have been used only for grains ex- Border ports in Texas named in the ported from the United States and are permits being returned empty without use (1) For movement into the generally abroad and that while abroad they infested pink bollworm regulated area have been handled in a manner to pre- such products becoming subject imme- vent their contamination. diately upon release by the inspector 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 applicable sections of this subpart if the in- 5 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)).

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to the requirements in § 301.52 of this conditions that would increase risk of chapter. pest introduction into the United States with importations authorized [27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998] under this section, entry of the following products may be authorized § 319.8–12 From the West Coast of Mex- under permit subject to inspection ico. upon arrival to determine freedom from hazardous plant pest conditions: Contingent upon continued freedom (a) Lint, linters, and waste. of the West Coast of Mexico and of (b) Cottonseed. Northwest Mexico from infestations of (c) Cottonseed hulls. the pink bollworm, entry of the fol- (d) Covers that have been used for lowing products may be authorized cotton only. under permit subject to inspection to determine freedom from hazardous § 319.8–14 Mexican cotton and covers plant pest conditions: not otherwise enterable. (a) Compressed lint and linters. Mexican cotton and covers not (b) Uncompressed lint and linters for enterable under § 319.8–11, § 319.8–12, or movement into the generally infested § 319.8–13 may be entered in accordance pink bollworm regulated area, move- with §§ 319.8–6 through 319.8–10 and ment thereafter to be in accordance §§ 319.8–16 through 319.8–20 insofar as with § 301.52 of this chapter. said sections are applicable. (c) Compressed or uncompressed cotton waste for movement under bond to MISCELLANEOUS PROVISIONS Fabens, Texas, for vacuum fumigation after which it will be released from fur- § 319.8–16 Importation into United ther plant quarantine entry require- States of cotton and covers ex- ments. ported therefrom. (d) Cottonseed when certified by an (a) Cotton and covers grown, pro- inspector as having been treated, duced, or handled in the United States stored, and transported in a manner and exported therefrom, and in the satisfactory to the Deputy Adminis- original bales or other containers in trator. which such material was exported (e) Untreated, non-certified cotton- therefrom, may be imported into the seed contained in new bags for move- United States at any port under per- ment by special manifest to any des- mit, without vacuum fumigation or tination in the generally infested pink other treatment or restriction as to bollworm regulated area, movement utilization, upon compliance with thereafter to be in accordance with §§ 319.8–2, 319.8–4, and § 319.8–5, and upon § 301.52 of this chapter. the submission of evidence satisfactory (f) Cottonseed hulls when certified by to the inspector that such material was an inspector as having been treated, grown, produced, or handled in the stored, and transported in a manner United States and does not constitute satisfactory to the Deputy Adminis- a risk of introducing the pink trator. 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 under the conditions specified in para- [27 FR 5309, June 7, 1962, as amended at 36 FR graph (a) of this section. 24917, Dec. 24, 1971] § 319.8–17 Importation for exportation, § 319.8–13 From Northwest Mexico. and importation for transportation Contingent upon continued freedom and exportation; storage. of Northwest Mexico and of the West (a) Importation of cotton and covers Coast of Mexico from infestations of for exportation, or for transportation the pink bollworm and other plant pest and exportation, in accordance with

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this subpart shall also be subject to supervise such storage, if the bales are §§ 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 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, (d) Except as provided in § 319.8– 1971; 63 FR 31101, June 8, 1998] 23(a)(4), compressed lint, linters, and waste, uncompressed waste derived § 319.8–18 Samples. from cotton milled in a non-cotton- (a) Samples of lint, linters, waste, 6 producing country, and covers, arriv- cottonseed cake, and cottonseed meal ing at a port in the north for entry for may be entered without further permit exportation, vacuum fumigation, or other than the authorization contained utilization in accordance with the rein this section, but subject to inspec- quirements in this subpart, may be al- tion and such treatment as the inspec- lowed movement in Customs custody tor may deem necessary. Samples for storage at a point in the north which represent either such products of pending such exportation, or move- United States origin or such products ment to an approved mill or plant for imported into the United States in ac- vacuum fumigation or utilization, cordance with the requirements of this when there are inspectors available to subpart, and which were exported from the United States, may be entered into 6 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.

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(c) Bales or other containers of cot- proved by the Deputy Administrator of ton shall not be broken or opened for the Plant Protection and Quarantine sampling and samples shall not be Programs, under the supervision of an drawn until the inspector has so au- inspector and to his satisfaction. Con- thorized and has prescribed the condi- tinued approval of the plant will be tions and safeguards under which such contingent upon the granting by the samples shall be obtained. operator thereof, to the inspector, of access to all parts of the plant at all § 319.8–19 Cottonseed or seed cotton reasonable hours for the purpose of su- for experimental or scientific pur- pervising sanitary and other operating poses. conditions, checking the efficacy of the Entry of small quantities of cotton- apparatus and chemical operations, seed or seed cotton for experimental or and determining that wastage has been scientific purposes may be authorized cleaned up and disposed of in a manner through such ports as may be named in satisfactory to the inspector; and upon the permit, and shall be subject to such the maintenance at the plant of condi- special conditions as shall be set forth tions satisfactory to the inspector. in the permit to provide adequate safe- (2) After cotton and covers have been guards against pest entry. vacuum fumigated they shall be so marked under the supervision of an in- § 319.8–20 Importations by the Depart- spector. Such material may thereafter ment of Agriculture. be distributed, forwarded, or shipped Cotton and covers may be imported without further plant quarantine entry by the Department of Agriculture for restriction. experimental or scientific purposes (3) Cotton and covers held by an im- under such conditions as may be pre- porter for vacuum fumigation must be scribed by the Deputy Administrator of stored under conditions satisfactory to the Plant Protection and Quarantine the inspector. Programs, which conditions may in- (4) Prompt vacuum fumigation of clude clearance through the New Crops cotton and covers (other than high den- Research Branch of the Plant Science sity cotton free of surface contamina- Research Division, Agricultural Re- tion) will be required at non-northern search Services. ports. Similar prompt vacuum fumigation will be required at Norfolk, Vir- § 319.8–21 Release of cotton and covers ginia, during the period June 15 to Oc- after 18 months’ storage. tober 15 of each year, except for covers Cotton and covers, the entry of which which have been used to contain only has been authorized subject to vacuum lint, linters, or waste, and the bales of fumigation or other treatment because which are compressed to a density of 28 of the pink bollworm only, and which or more pounds per cubic foot and are have not received such treatment but free of surface contamination. have been stored for a period of 18 (b) An inspector may authorize the months or more will be released from substitution of processing, utilization, further plant quarantine entry restric- or other form of treatment for vacuum tions. fumigation when in his opinion such other treatment, selected by him from § 319.8–22 Ports of entry or export. administratively authorized proce- When ports of entry or export are not dures, will be effective in eliminating specifically designated in this subpart infestation of the pink bollworm. but are left to the judgment of the inspector, the inspector shall designate § 319.8–24 Collection and disposal of only such ports as have been adminis- waste. tratively approved for such entry or ex- (a) Importers shall handle imported, port. unfumigated cotton and covers in a manner to avoid waste. If waste does § 319.8–23 Treatment. occur, the importer or his or her agent (a)(1) Vacuum fumigation as required shall collect and dispose of such waste in this subpart shall consist of fumiga- in a manner satisfactory to the inspection, in a vacuum fumigation plant ap- tor.

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(b) If, in the judgment of an inspec- shipping charges, cartage, labor, tor, it is necessary as a safeguard chemicals, or other expenses incidental against risk of pest dispersal to clean to the safeguarding or disposal of ma- railway cars, lighters, trucks, and terial refused entry by the inspector, other vehicles and vessels used for nor will the Department of Agriculture transporting such cotton or covers, or or the inspector assume responsibility to clean piers, warehouses, fumigation for the value of material destroyed. plants, mills, or other premises used in connection with importation of such [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001] cotton or covers, the importer or his or her agent shall perform such cleaning, in a manner satisfactory to the inspec- Subpart—Sugarcane tor. (c) All costs incident to such collec- § 319.15 Notice of quarantine. tion, disposal, and cleaning other than (a) The importation into the United the services of the inspector during his States of sugarcane and its related regular tour of duty and at the usual products, including cuttings, canes, place of duty, shall be borne by the im- leaves, and bagasse, from all foreign porter or his or her agent. countries and localities is prohibited, except for importations by the U.S. De- [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005] partment of Agriculture for scientific or experimental purposes and importa- § 319.8–25 Costs and charges. tions authorized under a permit issued The services of the inspector during by the Department specifying condi- regularly assigned hours of duty and at tions under which the materials have the usual places of duty shall be fur- been or are to be subjected to mitigate nished without cost to the importer. any pest risk. The Plant Protection and Quarantine (b) As used in this subpart, unless the Programs will not assume responsi- context otherwise requires, the term bility for any costs or charges, other ‘‘United States’’ means the States, the than those indicated in this section, in District of Columbia, Guam, Puerto connection with the entry, inspection, Rico, and the Virgin Islands of the treatment, conditioning, storage, for- United States. warding, or any other operation of any [24 FR 10788, Dec. 29, 1959, as amended at 66 character incidental to the physical FR 21055, Apr. 27, 2001] entry of an importation of a restricted material. § 319.15a Administrative instructions and interpretation relating to entry § 319.8–26 Material refused entry. into Guam of bagasse and related Any material refused entry for non- sugarcane products. compliance with the requirements of Bagasse and related sugarcane prod- this subpart shall be promptly removed ucts have been so processed that, in the from the United States or abandoned judgment of the Department, their im- by the importer for destruction, and portation into Guam will involve no pending such action shall be subject to pest risk, and they may be imported the immediate application of such safe- into Guam without further permit, guards against escape of plant pests as other than the authorization contained the inspector may prescribe. If such in this paragraph. Such importations material is not promptly safeguarded may be made without the submission by the importer, removed from the of a notice of arrival inasmuch as there United States, or abandoned for de- is available to the inspector the essen- struction to the satisfaction of the in- tial information normally supplied by spector it may be seized, destroyed, or the importer at the time of importa- otherwise disposed of in accordance tion. Inspection of such importations with sections 414 and 421 of the Plant may be made under the general author- Protection Act (7 U.S.C. 7714 and 7731). ity of § 330.105(a) of this chapter. If an Neither the Department of Agriculture importation is found infected, infested, nor the inspector will be responsible or contaminated with any plant pest for any costs accruing for demurrage, and is not subject to disposal under

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this part, disposition may be made in Subpart—Corn Diseases accordance with § 330.106 of this chapter. QUARANTINE

Subpart—Citrus Canker and Other § 319.24 Notice of quarantine. Citrus Diseases (a) The fact has been determined by the Secretary of Agriculture, and no- § 319.19 Notice of quarantine. tice is hereby given, that maize or In- (a) In order to prevent the introduc- dian corn (Zea mays L.) and closely re- tion into the United States of the cit- lated plants are subject to certain injurious diseases, especially Peronospora rus canker disease (Xanthomonas citri maydis Raciborski, Sclerospora (Hasse) Dowson) and other citrus dis- sacchari Miyake and other downy mil- eases, the importation into the United dews; also the Physoderma diseases of States of plants or any plant part, ex- maize, Physoderma zeae-maydis Shaw, cept fruit and seeds, of all genera, spe- and Physoderma maydis Miyake, new cies, and varieties of the subfamilies to and not heretofore widely prevalent Aurantioideae, Rutoideae, and or distributed within and throughout Toddalioideae of the botanical family the United States, and that these dis- Rutaceae is prohibited, except as pro- eases occur in southeastern Asia (in- vided in paragraphs (b), (c), and (d) of cluding India, Siam, Indo-China and this section. China), Malayan Archipelago, Aus- (b) Plants or plant parts of all gen- tralia, Oceania, Philippine Islands, era, species, and varieties of the sub- Formosa, Japan, and adjacent islands. families Aurantioideae, Rutoideae, and (b) Except as otherwise provided in Toddalioideae of the botanical family this subpart, the importation into the Rutaceae may be imported into the United States of raw or unmanufac- United States for experimental or sci- tured corn seed and all other portions entific purposes in accordance with of Indian corn or maize and related conditions prescribed by the Adminis- plants, including all species of teosinte trator, Animal and Plant Health In- (Euchlaena), jobs-tears (Coix), Polytoca, spection Service, United States Depart- Chionachne, and Sclerachne, from south- ment of Agriculture. eastern Asia (including India, Indo- (c) Plants or plant parts of all gen- china, and the People’s Republic of era, species, and varieties of the sub- China), Malayan Archipelago, Aus- families Aurantioideae, Rutoideae, and tralia, New Zealand, Oceania, Phil- Toddalioideae of the botanical family ippine Islands, Manchuria, Japan, and 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 by the U.S. era, species, and varieties of the sub- Department of Agriculture for sci- families Aurantioideae, Rutoideae, and entific or experimental purposes. And Toddalioideae of the botanical family further, when the public interests will Rutaceae that are regulated articles permit, the Deputy Administrator of under §§ 319.40–1 through 319.40–11 may the Plant Protection and Quarantine be imported into the United States in Programs may, upon request in specific accordance with §§ 319.40–1 through cases, authorize such importations into 319.40–11 and without restriction by Guam under conditions specified in the permit that are less stringent than this subpart. those contained in this subpart. (e) As used in this section unless the (c) As used in this subpart, unless the context otherwise requires, the term context otherwise requires, the term ‘‘United States’’ means the continental ‘‘United States’’ means the States, the United States, Guam, Hawaii, Puerto District of Columbia, Guam, Puerto Rico, and the Virgin Islands of the Rico, and the Virgin Islands of the United States. United States. [24 FR 10788, Dec. 29, 1959, as amended at 60 (d) Seed of Indian corn or maize (Zea FR 27674, May 25, 1995] mays L.) that is free from the cob and

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from all other parts of corn may be im- will be issued specifying the conditions ported into the United States from of entry and the port of entry to carry New Zealand without further restric- out the purposes of this subpart, and a tion. copy will be supplied to the importer. [24 FR 10788, Dec. 29, 1959, as amended at 58 (b) Further permits may be refused FR 44745, Aug. 25, 1993; 66 FR 21055, Apr. 27, and existing permits revoked, if the ap- 2001] plication therefor does not correctly give the locality where the corn was § 319.24a Administrative instructions grown, or is false or deceptive in any relating to entry of corn into Guam. material particular. Corn may be imported into Guam without further permit, other than the § 319.24–3 Marking as condition of authorization contained in this section entry. but subject to compliance with § 319.24– Every bag or other container of corn 3. Such imports need not comply with offered for entry shall be plainly the notice of arrival requirements of marked with such numbers or marks as § 319.24–4 inasmuch as information will make it easily possible to asso- equivalent to that in a notice of arrival ciate the bags or containers with a par- is available to the inspector from an- ticular importation. other source. Section 319.24–5 shall not be applicable to importations of corn (Approved by the Office of Management and into Guam. Such importations shall be Budget under control number 0579–0049) subject to inspection at the port of [24 FR 10788, Dec. 29, 1959, as amended at 48 entry. Corn found upon inspection to FR 57466, Dec. 30, 1983] contain disease infection will be subject to sterilization in accordance with § 319.24–4 Notice of arrival of corn by methods selected by the inspector from permittee. administratively authorized procedures Immediately upon the arrival of the known to be effective under the condi- corn at the port of entry the permittee tions in which applied. shall submit, in duplicate, notice to the Plant Protection and Quarantine REGULATIONS GOVERNING ENTRY OF Programs, through the United States INDIAN CORN OR MAIZE Collector of Customs, or, in the case of § 319.24–1 Applications for permits for Guam, through the Customs officer of importation of corn. the Government of Guam, on forms provided for that purpose, stating the Persons contemplating the importa- number of the permit, the number of tion of corn into the United States bags or other containers of corn in- shall, before shipping the corn, make cluded in the shipment, the bag or application for a permit, on forms pro- other container numbers or marks, the vided for that purpose, to the Deputy Administrator of the Plant Protection country and locality where the corn and Quarantine Programs, Department was grown, the name and address of the of Agriculture, Washington, DC, stat- exporter or foreign shipper, the port of ing the name and address of the ex- departure, the date of arrival, the porter, the country and locality where name of the ship or vessel, and the des- grown, the port of departure, the pro- ignation of the dock where the corn is posed port of entry, and the name and to be landed. address of the importer or of the (Approved by the Office of Management and broker in the United States to whom Budget under control number 0579–0049) the permit should be sent. [24 FR 10788, Dec. 29, 1959, as amended at 48 (Approved by the Office of Management and FR 57466, Dec. 30, 1983] Budget under control number 0579–0049) [24 FR 10788, Dec. 29, 1959, as amended at 48 § 319.24–5 Condition of entry. FR 57466, Dec. 30, 1983] The corn shall not be removed from the port of entry, nor shall any bag or § 319.24–2 Issuance of permits. other container thereof be broken or (a) Upon receipt of an application and opened, except for the purpose of steri- upon approval by an inspector a permit lization, until a written notice is given

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to the United States Collector of Cus- Catamarca, Jujuy, Salta, and toms, or, in the case of Guam, the Cus- Tucuman, which are considered free of toms officer of the Government of citrus canker); Brazil; and Paraguay is Guam, by an inspector of the Plant prohibited. Protection and Quarantine Programs, (2) To prevent the introduction into that the corn has been properly steri- the United States of sweet orange scab lized and released for entry without (Elsinoe australis Bitanc. and Jenkins), further restrictions so far as the juris- the importation of fruits and peel of all diction of the Department of Agri- species and varieties of the genus Cit- culture extends thereto. All apparatus rus, including Citrus aurantifolia and methods for accomplishing such (Christm.) Swingle, C. aurantium L., C. sterilization must be satisfactory to hystrix DC., C. limon (L.) Burm. f., C. the Plant Protection and Quarantine paradisi Macf., C. reticulata Blanco, C. Programs. Corn will be delivered to the sinensis (L.) Osbeck, and Fortunella mar- permittee for sterilization, upon the garita (Lour.) Swingle, from Argentina, filing with the appropriate customs of- Brazil, Paraguay, and Uruguay is pro- ficial of a bond in the amount of $5,000, hibited. or in an amount equal to the invoice (3) To prevent the introduction into value of the corn if such value is less the United States of the bacterial dis- than $5,000, with approved sureties, and ease ‘‘Cancrosis B,’’ the importation of conditioned upon sterilization of the fruits and peel of all species and vari- corn under the supervision and the sat- eties of the genus Citrus, including isfaction of an inspector of the Plant those indicated in the previous para- Protection and Quarantine Programs; graph, is prohibited from Argentina and upon the redelivery of the corn to (except for the States of Catamarca, said customs official within 40 days Jujuy, Salta, and Tucuman, which are from the arrival of the corn at the port considered free of Cancrosis B), Para- of entry. guay, and Uruguay. (4) Seeds and processed peel of fruits Subpart—Citrus Fruit designated in this section are excluded from this prohibition. Such seeds, how- NOTE: Citrus nursery stock, except seeds, is ever, are subject to the requirements of prohibited entry from all foreign countries §§ 319.37 through 319.37–27. and localities by the citrus nursery stock (b) The prohibition does not apply to quarantine No. 19 (§ 319.19). The importation from all foreign countries Unshu oranges (Citrus reticulata Blanco of fruits of citrus and citrus relatives, other var. unshu, Swingle [Citrus unshiu than those specified in this subpart, is re- Marcovitch, Tanaka]), also known as stricted by the provisions of fruit and vege- Satsuma mandarin, grown in Japan or table quarantine No. 56 (§§ 319.56 to 319.56–8). on Cheju Island, Republic of Korea, and imported under permit into any area of § 319.28 Notice of quarantine. the United States except for those (a)(1) To prevent the introduction areas specified in paragraph (b)(7) of into the United States of citrus canker this section: Provided, that each of the disease Xanthomonas campestris pv. citri following safeguards is fully carried (Hasse) Dye, the importation of all out: fruits and peel of all genera, species, (1) The Unshu oranges must be grown and varieties of the subfamilies and packed in isolated, canker-free ex- Aurantioideae, Rutoideae, and port areas established by the plant pro- Toddalioideae of the botanical family tection service of the country of origin. Rutaceae from eastern and south- Only Unshu orange trees may be grown eastern Asia (including India, in these areas, which must be kept free Myanmar, Sri Lanka, Thailand, Indo- of all citrus other than the propagative china, and the People’s Republic of material of Unshu oranges. The export China); the Malay Archipelago; the areas must be inspected and found free Philippine Islands; Oceania (except of citrus canker and prohibited plant Australia and Tasmania); Japan and material by qualified plant protection adjacent islands; the Republic of officers of both the country of origin Korea; Mauritius; Seychelles; Argen- and the United States. The export tina (except for the States of areas must be surrounded by 400-meter-

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wide buffer zones. The buffer zones (6) The identity of the fruit shall be must be kept free of all citrus other maintained in the following manner: than the following 10 varieties: Buntan (i) The individual boxes in which the Hirado (Citrus grandis); Buntan Viet- oranges are shipped must be stamped nam (C. grandis); Hassaku (C. hassaku); or printed with a statement specifying Hyuganatsu (C. tamurana); Kinkan the States into which the Unshu or- (Fortunella spp. non Fortunella hindsii); anges may be imported, and from Kiyomi tangor (hybrid); Orange Hyuga which they are prohibited removal (C. tamurana); Ponkan (C. reticulata); under a Federal plant quarantine. Unshu (C. unshiu Marcovitch, Tanaka (ii) Each shipment of oranges handled [Citrus reticulata Blanco var. unshu, in accordance with these procedures Swingle]); and Yuzu (C. junos). The shall be accompanied by a certificate buffer zones must be inspected and of the plant protection service of the found free of citrus canker and prohib- country of origin certifying that the ited plant material by qualified plant fruit is apparently free of citrus canker protection officers of both the country disease. of origin and the United States. (7) The Unshu oranges may be im- (2) In Unshu orange export areas and ported into the United States only buffer zones on Kyushu Island, Japan, through a port of entry identified in trapping for the citrus fruit fly § 319.37–14 that is located in an area of (Bactrocera tsuneonis) must be con- the United States into which their im- ducted as prescribed by the Japanese portation is authorized. The following Government’s Ministry of Agriculture, importation restrictions apply: Forestry and Fisheries and the U.S. (i) Unshu oranges from Honshu Island Department of Agriculture. If fruit or Shikoku Island, Japan, that have flies are detected, then shipping will be been fumigated in accordance with suspended from the export area until paragraph (b)(5) of this section may be negative trapping shows the problem imported into any area of the United has been resolved. States except American Samoa, the (3) Inspection of the Unshu oranges Northern Mariana Islands, Puerto shall be performed jointly by plant pro- Rico, and the U.S. Virgin Islands. tection officers of the country of origin (ii) Unshu oranges from Honshu Is- and the United States in the groves land or Shikoku Island, Japan, that prior to and during harvest, and in the have not been fumigated in accordance packinghouses during packing oper- with paragraph (b)(5) of this section; ations. Unshu oranges from Kyushu Island, (4) Before packing, such oranges shall Japan (Prefectures of Fukuoka, be given a surface sterilization as pre- Kumanmoto, Nagasaki, and Saga only); scribed by the U.S. Department of Ag- and Unshu oranges from Cheju Island, riculture. Republic of Korea, may be imported (5) To be eligible for importation into into any area of the United States ex- Arizona, California, Florida, Hawaii, cept American Samoa, Arizona, Cali- Louisiana, or Texas, each shipment of fornia, Florida, Hawaii, Louisiana, the oranges grown on Honshu Island or Northern Mariana Islands, Puerto Shikoku Island, Japan, must be fumi- Rico, Texas, and the U.S. Virgin Is- gated with methyl bromide after har- lands. vest and prior to exportation to the (c) The prohibition does not apply to United States. Fumigation must be at Unshu oranges (Citrus reticulata Blanco the rate of 3 lbs./1,000 cu. ft. for 2 hours var. unshu, Swingle [Citrus unshiu at 59 °F or above at normal atmos- Marcovitch, Tanaka]), also known as pheric pressure (chamber only) with a Satsuma mandarin, grown in the Re- load factor of 32 percent or below. Fu- public of Korea and imported under migation will not be required for ship- permit into the State of Alaska under ments of oranges grown on Honshu Is- the following conditions: land or Shikoku Island, Japan, that are (1) The Unshu oranges must be pre- to be imported into States other than pared for shipping using packinghouse Arizona, California, Florida, Hawaii, procedures that include culling dam- Louisiana, or Texas. aged or diseased fruit and cleaning the

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fruit with high-pressure air or water drawal will be confirmed in writing as spray in combination with brushing. promptly as circumstances allow. Any (2) Each shipment of Unshu oranges person whose permit has been with- must be accompanied by a drawn may appeal the decision in writ- phytosanitary certificate from the na- ing to the Deputy Administrator with- tional plant protection organization of in ten (10) days after receiving the the Republic of Korea bearing the fol- written notification of the withdrawal. lowing additional declaration: ‘‘These The appeal must state all of the facts oranges were inspected and are consid- and reasons upon which the person re- ered to be free from citrus canker lies to show that the permit was (Xanthomonas axonopodis pv. citri) and wrongfully withdrawn. As promptly as arrowhead scale (Unaspis yanonensis). circumstances allow, the Deputy Ad- (3) The individual boxes in which the ministrator will grant or deny the ap- oranges are shipped must be marked with the following: ‘‘These oranges peal, in writing, stating the reasons for may not be shipped to or distributed in the decision. A hearing will be held to any State other than Alaska.’’ resolve any conflict as to any material (d) This prohibition shall not apply fact. Rules of practice concerning a to importations for experimental or hearing will be adopted by the Deputy scientific purposes by the U.S. Depart- Administrator. ment of Agriculture upon such condi- (j) The term inspector means any em- tions and under such requirements as ployee of Plant Protection and Quar- may be prescribed in permits that may antine, Animal and Plant Health In- be issued by the Deputy Administrator spection Service, who is authorized by of the Plant Protection and Quarantine the Deputy Administrator to enforce Programs for such importations. the regulations in this subpart. (e) Further, this prohibition shall not apply to importations into Guam of the [32 FR 7959, June 2, 1967 fruits and peel designated in paragraph EDITORIAL NOTE: For FEDERAL REGISTER ci- (a)(1) of this section. tations affecting § 319.28, see the List of CFR (f) Importations allowed in para- Sections Affected, which appears in the graphs (b), (c), (d), and (e) of this sec- Finding Aids section of the printed volume tion shall be subject to the permit and and on GPO Access. other requirements under the regulations in Subpart-Fruits and Vegetables Subpart—Nursery Stock, Plants, of this part. Roots, Bulbs, Seeds, and Other (g) All salary, travel, and subsistence Plant Products 1,2 expenses incident to the assignment of personnel of the U.S. Department of Agriculture to such operations in the SOURCE: 45 FR 31585, May 13, 1980; 60 FR country of origin of the Unshu oranges 27674, May 25, 1995, unless otherwise noted. shall be paid by those requesting the service of such personnel. 1 The Plant Protection and Quarantine (h) The term United States means the Programs also enforces regulations promul- States, District of Columbia, American gated under the Endangered Species Act of Samoa, Guam, the Northern Mariana 1973 (Pub. L. 93–205, as amended) which contain additional prohibitions and restrictions Islands, Puerto Rico, and the Virgin Is- on importation into the United States of ar- lands of the United States. ticles subject to this subpart (See 50 CFR (i) Any permit that has been issued parts 17 and 23). for the importation of Unshu oranges 2 One or more common names of articles may be withdrawn by an inspector are given in parentheses after most scientific orally or in writing, if he or she deter- names (when common names are known) for mines that the holder of the permit has the purpose of helping to identify the arti- not complied with any of the condi- cles represented by such scientific names; tions in the regulations. The holder of however, unless otherwise specified, a reference to a scientific name includes all arti- the permit shall be informed orally or cles within the category represented by the in writing of the reasons for the with- scientific name regardless of whether the drawal. If the withdrawal is oral, the common name or names are as comprehen- decision and the reasons for the with- sive in scope as the scientific name.

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§ 319.37 Prohibitions and restrictions Clean well water. Well water that does on importation; disposal of articles not contain plant pathogens or other refused importation. plant pests. (a) No person shall import or offer for Deputy Administrator. The Deputy Ad- entry into the United States any pro- ministrator of the Animal and Plant hibited article, except as otherwise Health Inspection Service, U.S. Depart- provided in § 319.37–2(c) of this subpart. ment of Agriculture for the Plant Pro- tection and Quarantine Programs, or No person shall import or offer for any other officer or employee of the entry into the United States any re- Department to whom authority to act stricted article except in accordance in his/her stead has been or may here- with this subpart. after be delegated. (b) The importer of any article denied Disease. The term in addition to its entry for noncompliance with this sub- common meaning, includes a disease part must, at the importer’s expense agent which incites a disease. and within the time specified in an Earth. The softer matter composing emergency action notification (PPQ part of the surface of the globe, in dis- Form 523), destroy, ship to a point out- tinction from the firm rock, and inside the United States, or apply treat- cluding the soil and subsoil, as well as ments or other safeguards to the arti- finely divided rock and other soil for- cle, as prescribed by an inspector to mation materials down to the rock prevent the introduction into the layer. United States of plant pests. In choos- Europe. The continent of Europe, the ing which action to order and in set- British Isles, Iceland, the Azores, and ting the time limit for the action, the the islands in the Mediterranean Sea. inspector shall consider the degree of From. An article is considered to be pest risk presented by the plant pest ‘‘from’’ any country or locality in associated with the article, whether which it was grown. Provided, That an the article is a host of the pest, the article imported into Canada from an- types of other host materials for the other country or locality shall be con- pest in or near the port, the climate sidered as being solely from Canada if and season at the port in relation to it meets the following conditions: the pest’s survival range, and the avail- (a) It is imported into the United ability of treatment facilities for the States directly from Canada after hav- article. ing been grown for at least 1 year in (c) No person shall remove any re- Canada, stricted article from the port of first (b) It has never been grown in a coun- arrival unless and until a written no- try from which it would be a prohibited tice is given to the collector of customs article or grown in a country other by the inspector that the restricted ar- than Canada from which it would be ticle has satisfied all requirements subject to conditions of § 319.37–5 (c), under this subpart. (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m) of this subpart, or subject to condi- [57 FR 43144, Sept. 18, 1992] tions of § 319.37–6 of this subpart, (c) It was not grown in a country or § 319.37–1 Definitions. locality from which it would be subject Terms used in the singular form in to conditions of § 319.37–7 of this sub- this subpart shall be construed as the part unless it was grown in Canada plural, and vice versa, as the case may under postentry growing conditions demand. The following terms, when equivalent to those specified in § 319.37– used in this subpart, shall be con- 7 3 of this subpart, and strued, respectively, to mean: Bulb. The portion of a plant com- 3 Currently only Chaenomoles spp. (flow- monly known as a bulb, bulbil, bulblet, ering quince), Cydonia spp. (quince), Malus corm, cormel, rhizome, tuber, or pip, spp. (apple, crabapple); Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, and including fleshy roots or other un- nectarine, peach, plum, prune) and Pyrus spp. derground fleshy growths, a unit of (pear) are required under the laws of Canada which produces an individual plant. Continued

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(d) It was not imported into Canada Person. Any individual, partnership, in growing media. corporation, association, joint venture, Indexing. A procedure for using plant or other legal entity. material or its extracts to determine Phytosanitary certificate of inspection. the presence or absence of one or more A document relating to a restricted ar- pests in or on the tested plant mate- ticle, which is issued by a plant protec- rial. For the purposes of this subpart, tion official of the country in which indexing is performed in foreign coun- the restricted article was grown, which tries to test the parent stock of des- is issued not more than 15 days prior to ignated articles that must meet special shipment of the restricted article from foreign inspection and certification re- the country in which grown, which is quirements in accordance with § 319.37– addressed to the plant protection serv- 5 to be eligible for importation into the ice of the United States (Plant Protec- United States. The results of indexing tion and Quarantine Programs), which tests are used by the plant protection contains a description of the restricted services of foreign countries to issue article intended to be imported into phytosanitary certificates declaring the United States, which certifies that plant articles free of specified diseases. the article has been thoroughly in- The following indexing procedures are spected, is believed to be free from in- authorized for use with the specified jurious plant diseases, injurious insect plant genera, if the procedures are per- pests, and other plant pests, and is oth- formed using protocols acceptable to erwise believed to be eligible for impor- the plant protection service that issues tation pursuant to the current phytosanitary certificates based on phytosanitary laws and regulations of them: mechanical transmission of the the United States, and which contains pest to an indicator plant for Dianthus, any specific additional declarations re- Malus, Prunus, Rubus, and Syringa; quired under this subpart. graft transmission of the pest to an in- Plant. Any plant (including any plant dicator plant for Chaenomeles, Cydonia, part) for or capable of propagation, in- Malus, Prunus, Pyrus, Rubus, and Sy- cluding a tree, a tissue culture, a ringa; serology for Dianthus, Malus, plantlet culture, pollen, a shrub, a Prunus, Pyrus, Rubus, and Syringa; elec- vine, a cutting, a graft, a scion, a bud, tron microscopy for Dianthus and a bulb, a root, and a seed. Prunus, and nucleic acid probes for Chaenomeles, Cydonia, Malus, and Plant pest. Any living stage of any of Pyrus. the following that can directly or indi- Inspector. Any individual authorized rectly injure, cause damage to, or by the Administrator of APHIS or the cause disease in any plant or plant Commissioner of Customs and Border product: A protozoan, a nonhuman ani- Protection, Department of Homeland mal, a parasitic plant, a bacterium, a Security, to enforce the regulations in fungus, a virus or viroid, an infectious this part. agent or other pathogen, or any article Nursery stock. All field-grown florist’s similar to or allied with any of these stock, trees, shrubs, vines, cuttings, articles. grafts, scions, buds, fruit pits, and Plant Protection and Quarantine Pro- other seeds of fruit and ornamental grams. The organizational unit with the trees or shrubs, and other plants and Animal and Plant Health Inspection plant products for propagation, except Service, U.S. Department of Agri- field, vegetable, and flower seeds, bed- culture, delegated responsibility for ding plants, and other herbaceous enforcing provisions of the Plant Quar- plants, bulbs, and roots. antine Act and related legislation, Oceania. The islands of Micronesia, quarantines, and regulations. Melanesia, and Polynesia (except Ha- Port of first arrival. The land area waii, Guam, and the Northern Mariana (such as a seaport, airport, or land bor- Islands) in the central and southern der station) where a person, or a land, Pacific Ocean. water, or air vehicle, first arrives after entering the territory of the United to be grown in Canada under such equivalent States, and where inspection of articles conditions after importation. is carried out by inspectors.

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Potable water. Water which is aphis/her stead has been or may hereafter proved for drinking purposes by the na- be delegated. tional or local health authority having Soil. The loose surface material of the jurisdiction. earth in which plants, trees, and shrubs Preclearance. Phytosanitary inspec- grow, in most cases consisting of dis- tion and/or clearance in the country in integrated rock with an admixture of which the articles were grown, per- organic material and soluble salts. formed by or under the regular super- Solanum spp. true seed. Seed produced vision of APHIS. by flowers of Solanum capable of germi- Production site. A defined portion of a nating and producing new Solanum place of production utilized for the pro- plants, as distinguished from Solanum duction of a commodity that is man- tubers, whole or cut, that are referred aged separately for phytosanitary pur- to as Solanum seeds or seed potatoes. poses. This may include the entire Spp. (species). All species, clones, place of production or portions of it. cultivars, strains, varieties, and hy- Examples of portions of places of pro- brids, of a genus. duction are a defined orchard, grove, State. Any of the several States of the field, greenhouse, screenhouse, or United States, the Commonwealth of premises. the Northern Mariana Islands, the Prohibited article. Any nursery stock, Commonwealth of Puerto Rico, the plant, root, bulb, seed, or other plant District of Columbia, Guam, the Virgin product designated in § 319.37–2 (a) or Islands of the United States, or any (b), except wood articles regulated other territory or possession of the United States. under §§ 319.40–1 through 319.40–11, ‘‘Subpart—Logs, Lumber, and Other State Plant Regulatory Official. The official authorized by the State to sign Unmanufactured Wood Articles.’’ agreements with Federal agencies in- Regulated plant. Any gymnosperm, volving operations of the State plant angiosperm, fern, or fern ally. protection agency. Gymnosperms include cycads, conifers, United States. All of the States. and gingko. Angiosperms include any flowering plant. Fern allies include [45 FR 31585, May 13, 1980, as amended at 50 club mosses, horsetails, whisk ferns, FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, spike mosses, and quillworts. 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR Restricted article. Any regulated 27674, May 25, 1995; 63 FR 13484, Mar. 20, 1998; plant, root, bulb, seed, or other plant 66 FR 21055, Apr. 27, 2001; 69 FR 21946, Apr. 23, product for or capable of propagation, 2004; 69 FR 61586, Oct. 20, 2004; 72 FR 43517, excluding any prohibited articles listed Aug. 6, 2007] in § 319.37–2(a) or (b) of this subpart, and excluding any articles regulated in § 319.37–2 Prohibited articles. §§ 319.8 through 319.24 or 319.41 through (a) The following listed articles from 319.74–4 and any articles regulated in the designated countries and localities part 360 of this chapter. are prohibited articles and are prohib- Secretary. The Secretary of Agri- ited from being imported or offered for culture, or any other officer or em- entry into the United States except as ployee of the Department of Agri- provided in paragraph (c) of this sec- culture to whom authority to act in tion.

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(Day) Chester (Watermark disease). stunt agent lies, or other injurious insects. cadang disease. ley yellow mosaic virus, barley striate brome streak cereal chlorotic mosaic virus, cocksfoot mild corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle Echinochloa ragged stunt virus, European aster yellows MLO, wheat striate mosaic Iranian maize mosaic virus, bushy stunt MLO, chlorotic mottle mosaic virus, maize mottle/chlorotic stunt rough dwarf streak virus, maize stripe northern cereal mosaic oat red streak oat sterile dwarf virus, rice gall tungro wilted stunt virus, rice yellow mottle dwarf agent, agent, sugarcane white leaf MLO, wheat yellow virus, and yellowing stripe bacterium. 5(b)(1). cadang disease. 5(b)(1). Plant pests existing in the places named and capable of being transported with pro- Erwinia salicis Xanthomonas populi Lachnellula willkommii Phacidiopycnis pseudotsuga Stereum hiugense Rubus .. A diversity of diseases including but not limited to: lethal yellowing disease; cadang- .... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Foreign places from which prohibited rope, and Japan. All except Canadaexcept All ...... A wide diversity of plant diseases, inclu All ...... A diversity of diseases inclu Europe ...... All ...... A diversity of diseases inclu Europe ...... All ...... Plum pox (Sharka) virus. ) not meeting spp. (Douglas fir) .... Europe ...... Cerasus spp. (golden larch)(golden spp. .... Provinces of New Brunswick and Nova Scotia in Canada, Eu- spp ...... All ...... (vegetative parts of all spp. (palm) ...... All ...... spp. (almond, apricot, spp. (oak) ...... Japan ...... spp. (aspen, cottonwood, spp. seed only (almond, spp. not meeting the con- spp. (pear) not meeting the spp. (currant, gooseberry) .. Europe and New Zealand ...... Black currant revers spp. (rose) ...... Australia, Bulgaria, Italy, and New Zealand ...... Rose wilt virus. spp. (willow) ...... Belgium, Germany, Great Britain, Japan, and the Netherlands only if specifically mentioned) grains and grasses, except species of Bambuseae). cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the conditions for importation in § 319.37–5(b). apricot, nectarine, peach, plum, and prune, but not species in subgenus poplar). conditions for importation in § 319.37–5(b). ditions for importation in § 319.37–5(f). the conditions for importation in § 319.37–5(j). Prohibited article (includes seeds Poaceae Populus Pritchardia Prunus Prunus Pseudolarix Pseudotsuga Pyrus Quercus Ravenea Ribes Rosa Rubus Salix Seeds of all kinds when in pulp ... All except Canada ...... Fruit f

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(b) The following listed articles from its of trees and shrubs, including but all foreign places except Canada are not limited to cacti, cycads, yuccas, prohibited articles and are prohibited and dracaenas. from being imported or offered for (ii) Palms and plants whose growth entry into the United States except as habits simulate palms, that exceed a provided in paragraph (c) of this sec- total length (stem plus leaves) of 915 tion: millimeters (approximately 36 inches) (1) Rhododendron spp. (rhododendron in length. and azalea) or other genera or species (7) Any tree or shrub of a type not of similar slow growth habit, other listed above, other than an artificially than artificially dwarfed plants meet- dwarf plant meeting the conditions in ing the conditions in § 319.37–5(q): § 319.37–5(q), and: (i) Exceeding 3 years of age if grown (i) Exceeding 2 years of age if grown from seeds or cuttings; or from seeds or cuttings; or (ii) Exceeding 2 years of age after (ii) Exceeding 1 year of age after sev- severance from the parent plant if pro- erance from the parent plant if produced by layers; or duced by layers; or (iii) Having more than 3 years’ (iii) Having more than 2 years’ growth from the bud or graft if pro- growth from the bud or graft if produced by budding or grafting. duced by budding or grafting. (2) Any naturally dwarf or miniature (c) Any article listed as a prohibited form of tree or shrub exceeding 305 mil- article in paragraph (a) or (b) of this limeters (approximately 12 inches) in section may be imported or offered for length from the soil line. entry into the United States if: (3) Herbaceous perennials (except (1) Imported by the United States De- epiphytes) imported in the form of root partment of Agriculture for experi- crowns or clumps exceeding 102 milli- mental or scientific purposes; meters (approximately 4 inches) in di- (2) Imported at the National Plant ameter. Germplasm Inspection Station, Build- (4) Stem cuttings without leaves, ing 580, Beltsville Agricultural Re- without roots, without sprouts, and search Center East, Beltsville, MD without branches (other than cactus 20705 or through any Federal plant in- cuttings and cuttings of epiphytes) ex- spection station listed in § 319.37–14; ceeding 102 millimeters (approximately (3) Imported pursuant to a Depart- 4 inches) in diameter or exceeding 1.83 mental permit issued for such article meters (approximately 6 feet) in and kept on file at the port of entry; length; and stem cuttings of epiphytes (4) Imported under conditions speci- with or without aerial roots (without fied on the Departmental permit and leaves, without sprouts, and without found by the Deputy Administrator to branches) exceeding 102 millimeters be adequate to prevent the introduc- (approximately 4 inches) in diameter or tion into the United States of plant exceeding 1.83 meters (approximately 6 pests, i.e., conditions of treatment, feet) in length. processing, growing, shipment, dis- (5) Cactus cuttings (without roots or posal; and branches) exceeding 153 millimeters (5) Imported with a Departmental tag (approximately 6 inches) in diameter or or label securely attached to the out- exceeding 1.22 meters (approximately 4 side of the container containing the ar- feet) in length. ticle or securely attached to the article (6)(i) Plants (other than stem itself if not in a container, and with cuttings, cactus cuttings, artificially such tag or label bearing a Depart- dwarfed plants meeting the conditions mental permit number corresponding in § 319.37–5(q), and palms and plants to the number of the Departmental whose growth habits simulate palms) permit issued for such article. exceeding 460 millimeters (approxi- [45 FR 31585, May 13, 1980] mately 18 inches) in length from soil EDITORIAL NOTE: For FEDERAL REGISTER ci- line (top of rooting zone for plants pro- tations affecting § 319.37–2, see the List of duced by air layering) to the farthest CFR Sections Affected, which appears in the terminal growing point and whose Finding Aids section of the printed volume growth habits simulate the woody hab- and on GPO Access.

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§ 319.37–3 Permits. (13) Articles (except seeds) of Vitis (a) The restricted articles (other than spp. (grape) from Canada and destined articles for food, analytical, medicinal, to California, New York, Ohio, Oregon, or manufacturing purposes) in any of and Washington; the following categories may be im- (14) Articles (except seeds) of Corylus ported or offered for importation into spp. (filbert, hazel, hazelnut, cobnut) the United States only after issuance from provinces east of Manitoba in of a written permit by the Plant Pro- Canada and destined to Oregon or tection and Quarantine Programs: Washington; (1) Articles subject to treatment and (15) Articles (except seeds) of Pinus other requirements of § 319.37–6; spp. (pine) from Canada; (2) Articles subject to the postentry (16) Articles (except seeds) of Ulmus quarantine conditions of § 319.37–7; spp. (elm) from Canada and destined to (3) Bulbs of Allium sativum (garlic), California, Nevada, or Oregon; Crocosmia spp. (montebretia), Gladiolus (17) Solanum tuberosum true seed from spp. (gladiolus), and Watsonia spp. New Zealand and the X Region of Chile (bugle lily) from New Zealand; (that area of Chile between 39° and 44° (4) Articles of Cocos nucifera (coco- South latitude—see § 319.37–5(o)); nut); and articles (except seeds) of (18) Small lots of seed imported in ac- Dianthus spp. (carnation, sweet-wil- cordance with § 319.37–4(d) of this sub- liam) from any country or locality ex- part; and cept Canada; (5) Lots of 13 or more articles (other (19) Articles (except seeds) of than seeds, bulbs, or sterile cultures of Fraxinus spp. (ash) from counties or orchid plants) from any country or lo- municipal regional counties in Canada cality except Canada; that are not regulated for emerald ash (6) Seeds of trees or shrubs from any borer (EAB) but are within an EAB- country or locality except Canada; regulated Province or Territory and (7) Articles (except seeds) of Malus are not prohibited under § 319.37–2(a). spp. (apple, crabapple), Pyrus spp. (b) An application for a written per- (pear), Prunus spp. (almond, apricot, mit should be submitted to the Plant cherry, cherry laurel, English laurel, Protection and Quarantine Programs nectarine, peach, plum, prune), Cydonia (Animal and Plant Health Inspection spp. (quince), Chaenomeles spp. (flow- Service, Plant Protection and Quar- ering quince), and Rubus spp. antine, Permits, Registrations, Im- (cloudberry, blackberry, boysenberry, ports and Manuals, Permit Unit, 4700 dewberry, loganberry, raspberry), from River Road Unit 136, Riverdale, Mary- Canada; land 20737–1236) at least 30 days prior to (8) Articles (except seeds) of arrival of the article at the port of Castanopsis spp. (chinquapin) destined entry. The completed application shall to California or Oregon; include the following information: 4 (9) Articles (except seeds) of Pinus (1) Name, address, and telephone spp. (pine), (5-leaved) destined to Wis- number of the importer; consin; (2) Approximate quantity and kinds (10) Articles of Ribes spp. (currant, (botanical designations) of articles in- gooseberry), (including seeds) destined tended to be imported; to Massachusetts, New York, West Vir- (3) Country(ies) or locality(ies) where ginia, or Wisconsin; grown; (11) Articles (except seeds) of Planera (4) Intended United States port of spp. (water elm, planer) or Zelkova spp. entry; from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to California, Nevada, or Oregon; 4 Application forms are available without (12) Seeds of Prunus spp. (almond, charge from the Animal and Plant Health In- spection Service, Plant Protection and Quar- apricot, cherry, cherry laurel, English antine, Permits, Registrations, Imports and laurel, nectarine, peach, plum, prune) Manuals, Permit Unit, 4700 River Road Unit from Canada and destined to Colorado, 136, Riverdale, Maryland 20737–1236, local of- Michigan, New York, Washington, or fices which are listed in telephone direc- West Virginia; tories.

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(5) Means of transportation, e.g., entry by an inspector only if all appli- mail, airmail, express, air express, cable requirements of this subpart are freight, airfreight, or baggage; and met, such article is eligible to be im- (6) Expected date of arrival. ported under an oral permit, and an in- (c) A permit indicating the applicable spector at the port of entry determines conditions for importation under this that no measures pursuant to section subpart will be issued by Plant Protec- 414 of the Plant Protection Act (7 tion and Quarantine Programs if, after U.S.C. 7714) are necessary with respect review of the application, the articles to such article. 5 are deemed eligible to be imported into the United States under the conditions (Approved by the Office of Management and specified in the permit. However, even Budget under control number 0579–0049) if such a permit is issued, the regulated [45 FR 31585, May 13, 1980, as amended at 48 article may be imported only if all ap- FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, plicable requirements of this subpart 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, are met and only if an inspector at the Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001; 69 FR port of entry determines that no reme- 61586, Oct. 20, 2004; 71 FR 19101, Apr. 13, 2006; dial measures pursuant to the Plant 72 FR 30467, June 1, 2007; 72 FR 43518, Aug. 6, Protection Act are necessary with re- 2007] spect to the regulated article. 5 (d) Any permit which has been issued § 319.37–4 Inspection, treatment, and phytosanitary certificates of inspec- may be withdrawn by an inspector or tion. the Deputy Administrator if he/she determines that the holder thereof has (a) Phytosanitary certificates of inspec- not complied with any condition for tion. Any restricted article offered for the use of the document. The reasons importation into the United States for the withdrawal shall be confirmed must be accompanied by a in writing as promptly as cir- phytosanitary certificate of inspection. cumstances permit. Any person whose The phytosanitary certificate must permit has been withdrawn may appeal identify the genus of the article it ac- the decision in writing to the Deputy companies. When the regulations in Administrator within ten (10) days this subpart place restrictions on indi- after receiving the written notification vidual species or cultivars within a of the withdrawal. The appeal shall genus, the phytosanitary certificate state all of the facts and reasons upon must also identify the species or which the person relies to show that cultivar of the article it accompanies. the permit was wrongfully withdrawn. Otherwise, identification of the species The Deputy Administrator shall grant is strongly preferred, but not required. or deny the appeal, in writing, stating Intergeneric and interspecific hybrids the reasons for the decision as prompt- must be designated by placing the mul- ly as circumstances permit. If there is tiplication sign ‘‘x’’ between the names a conflict as to any material fact, a of the parent taxa. If the hybrid is hearing shall be held to resolve such named, the multiplication sign may in- conflict. stead be placed before the name of an (e) Any restricted article not des- intergeneric hybrid or before the epi- ignated in paragraph (a) of this section thet in the name of an interspecific hy- may be imported or offered for impor- brid. Phytosanitary certificates are not tation into the United States only required for the following restricted ar- after issuance of an oral permit for im- ticles: portation issued by an inspector at the (1) Greenhouse-grown plants from port of entry. Canada imported in accordance with (f) An oral permit for importation of paragraph (c) of this section. These an article shall be issued at a port of plants must be accompanied by a certificate of inspection in the form of a 5 An inspector may hold, seize, quarantine, label in accordance with paragraph treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant (c)(1)(iv) of this section attached to 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.

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

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

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assigned to the exporting establish- (including Faeroe Islands), Ecuador, Egypt, ment under the Canadian Food Inspec- Estonia, Finland, France, Georgia, Germany, tion Agency’s seed export program, and Great Britain, Greece, Guernsey, Hungary, the lot number in addition to all other Iceland, India, Ireland, Italy, Japan, Jersey, information required to be present by Jordan, Latvia, Lebanon, Lithuania, Luxem- bourg, Kazakhstan, Kyrgyzstan, Malta, Mex- § 361.3 of this chapter. ico, Republic of Moldova, Morocco, the Neth- (iii) Include other shipping docu- erlands, New Zealand, Northern Ireland, Nor- ments as required with each shipment: way, Pakistan, Panama, Peru, the Phil- (A) Shipments of agricultural and ippines, Poland, Portugal, Russian Federa- vegetable seeds, as listed in the Fed- tion, Serbia and Montenegro, South Africa, eral Seed Act, must be accompanied by Spain (including Canary Islands), Slovakia, a document certifying that the rel- Slovenia, Sweden, Switzerland, Tajikistan, evant provisions of the Federal Seed Tunisia, Turkmenistan, Ukraine, Act regulations in part 361 of this chap- Uzbekistan, and Venezuela. ter have been followed, as agreed upon (b)(1) Any of the following restricted by the Canadian Food Inspection Agen- articles (except seeds) at the time of cy and APHIS; arrival at the port of first arrival in (B) Shipments of other seeds must be the United States must be accom- accompanied by a document certifying panied by a phytosanitary certificate that the seeds have been inspected, as of inspection which contains an addi- agreed upon by the Canadian Food In- spection Agency and APHIS. tional declaration that the article was grown in a nursery in Belgium, Canada, (Approved by the Office of Management and France, Germany, Great Britain, or Budget under control numbers 0579–0285 and The Netherlands and that the article 0579–0279) was found by the plant protection serv- [57 FR 43148, Sept. 18, 1992, as amended at 67 ice of the country in which the article FR 8465, Feb. 25, 2002; 68 FR 50045, Aug. 20, was grown to be free of the following 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR injurious plant diseases listed in para- 43518, Aug. 6, 2007] graph (b)(3) of this section: For Chaenomeles spp. (flowering quince) and § 319.37–5 Special foreign inspection Cydonia spp. (quince), diseases (i), (ii), and certification requirements. (iv), (xviii), (xix), (xx), and (xxi); for (a) Any restricted article (except Malus spp. (apple, crabapple), diseases seeds; unrooted cuttings; articles col- (i), (ii), (iii), (vi), (vii), (xxii), and lected from the wild; and articles sole- (xxiii); for Prunus spp. (almond, apri- ly for food, analytical, or manufac- cot, cherry, cherry laurel, English lau- turing purposes) from a country listed rel, nectarine, peach, plum, prune), dis- below, shall be accompanied by a eases (i), (ix) through (xvii), and (xxii); phytosanitary certificate of inspection and for Pyrus spp. (pear), diseases (i), which shall contain an accurate addi- (ii), (iv), (v), (xviii), (xix), (xx), (xxi) tional declaration that such article and (xxii); and for Vitis spp. (grape) was grown on land which has been sam- from Canada, diseases (xiv) through pled and microscopically inspected by (xvii) and (xxiv) through (xliii). The de- the plant protection service of the termination by the plant protection country in which grown within 12 service that the article is free of these months preceding issuance of the cer- diseases will be based on visual exam- tificate and found free from potato cyst ination and indexing of the parent nematodes, Globodera rostochiensis stock of the article and inspection of (Woll.) Behrens and G. pallida (Stone) the nursery where the restricted arti- Behrens: cle is grown to determine that the Algeria, Argentina, Armenia, Australia, nursery is free of the specified diseases. Austria, Azerbaijan, Azores, Belarus, Bel- An accurate additional declaration on gium, Bolivia, Bulgaria, Canada (only that the phytosanitary certificate of inspec- portion comprising Newfoundland and that tion by the plant protection service portion of the Municipality of Central Saanich in the Province of British Columbia that a disease does not occur in the east of the West Saanich Road), Channel Is- country in which the article was grown lands, Chile, Colombia, Costa Rica, Crete, may be used in lieu of visual examina- Croatia, Cyprus, Czech Republic, Denmark tion and indexing of the parent stock

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for that disease and inspection of the (xxv) Grapevine asteroid mosaic nursery. agent. (2) Species of Prunus not immune to (xxvi) Grapevine Bratislava mosaic plum pox virus (species other than P. virus. avium, P. cerasus, P. effusa, P. (xxvii) Grapevine chasselas latent laurocerasus, P. mahaleb, P. padus, P. agent. sargentii, P. serotina, P. serrula, P. (xxviii) Grapevine corky bark ‘‘Legno serrulata, P. subhirtella, P. yedoensis, riccio’’ agent. and P. virginiana) and grown in Bel- (xxix) Grapevine leaf roll agent. gium, France, Germany, Great Britain, (xxx) Grapevine little leaf agent. or The Netherlands shall be certified (xxxi) Grapevine stem pitting agent. only from the government operated nurseries (research stations) where the (xxxii) Grapevine vein mosaic agent. certified plants were grown and the (xxxiii) Grapevine vein necrosis original parent stock is indexed for the agent. appropriate national fruit tree certifi- (xxxiv) Flavescence-doree agent. cation program. (xxxv) Black wood agent (bois-noir). (3) List of diseases. (xxxvi) Grapevine infectious necrosis (i) Monilinia fructigena (Aderh. & bacterium. Ruhl.) Honey (Brown rot of fruit). (xxxvii) Grapevine yellows disease (ii) Guignardia piricola (Nose) bacterium. Yamomoto (Leaf, branch, and fruit dis- (xxxviii) Xanthomonas ampelina ease). Panagopoulas. (iii) Apple proliferation agent. (xxxix) Peyronellaea glomerata Ciferri. (iv) Pear blister canker virus. (xl) Pseudopeziza tracheiphila Muller- (v) Pear bud drop virus. Thur-gau. (vi) Diaporthe mali Bres. (Leaf, branch (xli) Rhacodiella vitis Sterenberg. & fruit fungus). (xlii) Rosellinia necatrix Prill. (vii) Apple green crinkle virus. (xliii) Septoria melanosa (Vialla and (viii) Apple chat fruit virus. Ravav) Elenk. (ix) Plum pox (=Sharka) virus. (c) Any restricted article (except (x) Cherry leaf roll virus. seeds) of Chrysanthemum spp. (chrysan- (xi) Cherry rusty mottle (European) themum, includes Dendranthema spp.), agent. Leucanthemella serotina, or (xii) Apricot chlorotic leaf roll agent. Nipponanthemum nipponicum, from any (xiii) Plum bark split virus. foreign place except Andorra, Argen- (xiv) Arabis mosaic virus and its tina, Australia, Belarus, Bosnia and strains. Herzegovina, Brazil, Brunei, Canary Is- (xv) Raspberry ringspot virus and its lands, Chile, China, Colombia, Croatia, strains. Ecuador, Iceland, Japan, Korea, Liech- (xvi) Tomato blackring virus and its tenstein, Macedonia, Malaysia, Mexico, strains. Moldova, Monaco, New Zealand, Nor- (xvii) Strawberry latent ringspot way, Peru, Republic of South Africa, virus and its strains. Russia, San Marino, Switzerland, Tai- (xviii) Quince sooty ringspot agent. wan, Thailand, Tunisia, Ukraine, Uru- (xix) Quince yellow blotch agent. guay, Venezuela, Yugoslavia; the Euro- (xx) Quince stunt agent. pean Union (Austria, Belgium, Bul- (xxi) Gymnosporangium asiaticum garia, Cyprus, Czech Republic, Den- Miyabe ex. Yamada (Rust). mark, Estonia, Finland, France, Ger- (xxii)Valsa mali Miyabe and Yamada many, Greece, Hungary, Ireland, Italy, ex. Miura (Branch canker fungus). Latvia, Lithuania, Luxembourg, Malta, (xxiii) Apple ringspot virus. Netherlands, Poland, Portugal, Roma- (xxiv) The following nematode trans- nia, Slovakia, Slovenia, Spain, Sweden, mitted viruses of the polyhedral type: and United Kingdom); and all coun- Artichoke Italian latent virus, Grape- tries, territories, and possessions of vine Bulgarian latent virus, Grapevine countries located in part or entirely fanleaf virus and its strains, and Hun- between 90° and 180° East longitude garian chrome mosaic virus. shall, at the time of arrival at the port

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of first arrival in United States, be ac- examination and indexing of the parent companied by a phytosanitary certifi- stock. 6 cate of inspection. The phytosanitary (f) Any restricted article (except certificate of inspection must contain seeds) of Rubus spp. (cloudberry, black- a declaration that such article was berry, boysenberry, dewberry, logan- grown in a greenhouse nursery and berry, raspberry) from Europe at the found by the plant protection service of time of arrival at the port of first ar- the country in which grown to be free rival in the United States shall be ac- from white rust of chrysanthemum companied by a phytosanitary certifi- (caused by the rust fungus Puccinia cate of inspection which shall contain horiana P. Henn.) based on visual ex- an accurate additional declaration that amination of the parent stock, the ar- such article was found by the plant ticles for importation, and the green- protection service of the country of or- house nursery in which the articles for igin to be free of Rubus stunt agent importation and the parent stock were based on visual examination and index- grown, once a month for 4 consecutive ing of the parent stock. months immediately prior to importa- (g) Any seed of Cocos nucifera (coco- tion. nut) at the time of arrival at the port (d) Any restricted article (except of first arrival in the United States seeds) of Dianthus spp. (carnation, shall be accompanied by a sweet-william) from Great Britain phytosanitary certificate of inspection shall be grown under postentry quar- which shall contain an accurate addi- antine conditions specified in § 319.37– tional declaration that such seed was 7(c) unless at the time of arrival at the found by the plant protection service of port of first arrival in the United Costa Rica or of Jamacia to be of Ma- States the phytosanitary certificate of layan dwarf variety or Maypan variety inspection accompanying such article (=F1 hybrid, Malayan Dwarf×Panama contains an accurate additional dec- Tall) (which are resistant to lethal laration that such article was grown in yellowing disease) based on visual ex- a greenhouse nursery in Great Britain amination of the parent stock. and found by the plant protection serv- (h) Any restricted article of Fragaria ice of Great Britain to be free from in- spp. (strawberry) from Israel is prohib- jurious plant diseases caused by ited as specified in § 319.37–2(a) unless Phialophora cinerescens (Wr.) van at the time of arrival at the port of Beyma (=Verticillium cinerescens Wr.), first arrival in the United States the carnation etched ring virus, carnation phytosanitary certificate accom- ‘‘streak’’ virus, and carnation ‘‘fleck’’ panying the article of Fragaria spp. virus, based on visual examination of contains an additional declaration that the parent stock, of the articles for im- stipulates that the parent stock was portation, and of the greenhouse nurs- found free of red stele disease pathogen ery in which the articles for importa- as well as any other damaging straw- tion and the parent stock are grown, berry pathogens, based on visual in- once a month for 4 consecutive months spection and indexing. immediately prior to importation, and (i) Any restricted article of Syringa based on indexing of the parent stock. spp. (lilac) from the Netherlands is pro- (e) Any restricted article (except hibited as specified in § 319.37–2(a) un- seeds) of Rubus spp. (cloudberry, black- less, at the time of arrival at the port berry, boysenberry, dewberry, logan- of first arrival in the United States, berry, raspberry) from Canada, shall be the phytosanitary certificate accom- grown under postentry quarantine con- panying the article of Syringa spp. ditions specified in § 319.37–7 unless at (lilac) contains a declaration that stip- the time of arrival at the port of first ulates that the parent stock was found arrival in the United States the free of plant diseases by inspection and phytosanitary certificate of inspection indexing and that the Syringa spp. accompanying such article contains an (lilac) to be imported were propagated accurate additional declaration that either by rooting cuttings from indexed such article was found by the plant protection service of Canada to be free 6 Such testing is done under a Raspberry of Rubus stunt agent based on visual Plant Certification Program of Canada.

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parent plants or by grafting indexed at the port of first arrival in the parent plant material on seedling United States, is accompanied by a rootstocks, and were grown in: phytosanitary certificate of inspection, (1) Fumigated soil (fumigated by ap- containing an accurate additional dec- plying 400 to 870 pounds of methyl bro- laration that New Zealand is free of mide per acre and covering the soil Monilinia fructigena. with a tarpaulin for 7 days) in a field at (l) Any restricted article of Gladiolus, least 3 meters from the nearest non- Watsonia or Crocosmia spp. from Lux- indexed Syringa spp. (lilac), or embourg or Spain shall, at the time of (2) Soil that has been sampled and arrival at the port of first arrival in microscopically inspected by the plant the United States, be accompanied by a protection service of the Netherlands phytosanitary certificate of inspection, within 12 months preceding issuance of containing accurate additional declara- the phytosanitary certificate and that tions that: has been found free of the plant para- (1) The plants were grown in a dis- sitic nematodes capable of transmit- ease free environment in a greenhouse; ting European nepoviruses, including, (2) The plants were subjected to 12 but not limited to, the Arabis mosaic hours of continuous misting per day nepovirus. with water at 15–20 degrees Celsius on 2 (j)(1) Seeds of Prunus spp. (almond, consecutive days; and apricot, nectarine, peach, plum, and (3) The plants were inspected by a prune, but not species in the subgenus plant quarantine official of the country Cerasus) from Belgium, France, Ger- where grown 20 days after the comple- many, The Netherlands, or Great Brit- tion of the misting and were found free ain shall, at the time of arrival at the of gladiolus rust. port of first arrival in the United (m) Any restricted article of Acer States, be accompanied by a palmatum or Acer japonicum from the phytosanitary certificate of inspection, Netherlands is prohibited unless the ar- containing accurate additional declara- ticle is accompanied, at the time of ar- tions that: rival at the port of first arrival in the (i) The seeds are from parent stock United States, by a phytosanitary cer- grown in a nursery in Belgium, France, tificate of inspection, containing an ac- Germany, The Netherlands, or Great curate additional declaration that the Britain that is free of plum pox article is of a nonvariegated variety of (Sharka) virus; and A. palmatum or A. japonicum. (ii) The seeds have been found by the (n) Any restricted article of Howea plant protection service of the country spp. (sentry palm) from Australia or in which grown to be free of plum pox New Zealand, is prohibited as specified (Sharka) virus based on the testing of in § 319.37–2(a) unless at the time of ar- parent stock by visual examination rival at the port of first arrival in the and indexing. United States the phytosanitary cer- (2) Seeds of Prunus spp. (almond, tificate accompanying the article of apricot, nectarine, peach, plum, and Howea spp. contains both a declaration prune, but not species in the subgenus of origin and a declaration stipulating Cerasus), from all countries except that the Howea is free of the lethal those in Europe, Cyprus, Syria, and yellowing pathogen and the cadang- Turkey shall, at the time of arrival at cadang pathogen, as well as any other the port of first arrival in the United damaging palm pathogens, based on States, be accompanied by a visual inspection. phytosanitary certificate of inspection, (o) Any Solanum tuberosum true seed containing an accurate additional dec- imported from Chile shall, at the time laration that plum pox (Sharka) virus of arrival at the port of first arrival in does not occur in the country in which the United States, be accompanied by a the seeds were grown. phytosanitary certificate of inspection (k) Any restricted article of Feijoa issued in Chile by the Servicio Agricola (feijoa, pineapple guava) from New Zea- y Ganadero (SAG), containing addi- land shall undergo postentry quar- tional declarations that: antine in accordance with § 319.37–7 un- (1) The Solanum spp. true seed was less the article, at the time of arrival produced by Solanum plants that were

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propagated from plantlets from the (i) The artificially dwarfed plants United States; must be grown for at least 2 years in a (2) The Solanum plants that produced greenhouse or screenhouse in a nursery the Solanum tuberosum true seed were registered with the government of the grown in the Tenth (X) Region of Chile country where the plants were grown; (that area of the country between 39° (ii) The greenhouse or screenhouse in and 44° South latitude); and which the artificially dwarfed plants (3) Solanum tuberosum tubers, plants, are grown must have screening with and true seed from each field in which openings of not more than 1.6 mm on the Solanum plants that produced the all vents and openings, and all Solanum tuberosum true seed were entryways must be equipped with auto- grown have been sampled by SAG once matic closing doors; per growing season at a rate to detect (iii) The artificially dwarfed plants 1 percent contamination with a 99 per- must be grown in pots containing only cent confidence level (500 tubers/500 sterile growing media during the 2-year plants/500 true seeds per 1 hectare/2.5 period when they are grown in a green- acres), and that the samples have been house or screenhouse in a registered analyzed by SAG using an enzyme- nursery; linked immunosorbent assay (ELISA) (iv) The artificially dwarfed plants test or nucleic acid spot hybridization must be grown on benches at least 50 (NASH) non-reagent test, with nega- cm above the ground during the 2-year tive results, for Andean Potato Latent period when they are grown in a green- Virus, Arracacha Virus B, Potato Virus house or screenhouse in a registered T, the Andean Potato Calico Strain of nursery; and Tobacco Ringspot Virus, and Potato (v) The plants and the greenhouse or Yellowing Virus. screenhouse and nursery where they are grown must be inspected for any (p) In addition to meeting the re- evidence of pests and found free of quirements of this subpart, any trees pests of quarantine significance to the with roots and any shrubs with roots United States at least once every 12 and persistent woody stems, unless months by the plant protection service greenhouse-grown throughout the year, of the country where the plants are that are imported from Canada will be grown. subject to the inspection and certifi- (r) Any restricted article of cation requirements for gypsy moth in Pelargonium spp. or Solanum spp. pre- § 319.77–4 of this part. sented for importation into the United (q) Any artificially dwarfed plant im- States may not be imported unless it ported into the United States, except meets the requirements of this para- for plants that are less than 2 years graph (r). Seeds are not subject to the old, must have been grown and handled requirements of this paragraph (r). in accordance with the requirements of (1) Any restricted article of this paragraph and must be accom- Pelargonium spp. or Solanum spp. im- panied by a phytosanitary certificate ported from Canada under the provi- of inspection that was issued by the sions of the greenhouse-grown re- government of the country where the stricted plant program as described in plants were grown. § 319.37–4(c) must be presented for im- (1) Any growing media, including portation at the port of first arrival in soil, must be removed from the artifi- the United States with a certificate of cially dwarfed plants prior to shipment inspection in the form of a label in ac- to the United States unless the plants cordance with § 319.37–4(c)(1)(iv). are to be imported in accordance with (2) (i) For any article of Pelargonium § 319.37–8. spp. or Solanum spp. that does not meet (2) The artificially dwarfed plants the requirements of paragraph (r)(1) of must be grown in accordance with the this section and is from a country following requirements and the where Ralstonia solanacearum race 3 phytosanitary certificate required by biovar 2 is not known to occur, the 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

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‘‘Ralstonia solanacearum race 3 biovar 2 been tested according to an APHIS-ap- is not known to occur in the country or proved testing protocol with negative area of origin’’; Provided, that this ad- results for the presence of R. ditional declaration is not required on solanacearum race 3 biovar 2 may be the phytosanitary certificate of inspec- used in production and export. Records tion accompanying articles of Solanum of the testing must be kept for two spp. from Canada that do not meet the growing seasons and made available to requirements of paragraph (r)(1) of this representatives of APHIS and of the section. NPPO. All testing procedures must be (ii) For any article of Pelargonium approved by APHIS. spp. or Solanum spp. that does not meet (iv) Each greenhouse on the produc- the requirements of paragraph (r)(1) of tion site must be constructed in a man- this section and is from an area that ner that ensures that runoff water from has been established as free of Ralstonia areas surrounding the greenhouses can- solanacearum race 3 biovar 2 in accord- not enter the greenhouses. The green- ance with International Standards for houses must be surrounded by a 1- Phytosanitary Measures Publication meter buffer that is sloped so that No. 4, ‘‘Requirements for the Establish- water drains away from the green- ment of Pest Free Areas,’’ which is in- houses. corporated by reference at § 300.5 of this (v) Dicotyledonous weeds must be chapter, the phytosanitary certificate controlled both within each greenhouse required by § 319.37–4 must contain an on the production site and around it. additional declaration that states The greenhouses on the production site ‘‘This article is from an area that has and the 1-meter buffer surrounding been established as free of Ralstonia them must be free of dicotyledonous solanacearum race 3 biovar 2.’’ weeds. (3) Any article of Pelargonium spp. or (vi) All equipment that comes in con- Solanum spp. that is from a country or tact with articles of Pelargonium spp. area where Ralstonia solanacearum race or Solanum spp. within the production 3 biovar 2 is known to occur must meet site must be adequately sanitized so the following requirements: that R. solanacearum race 3 biovar 2 (i) The national plant protection or- cannot be transmitted between plants ganization of the country in which the or enter from outside the production articles are produced (the NPPO) must site via the equipment. have entered into a bilateral workplan (vii) Production site personnel must with APHIS. This bilateral workplan adequately sanitize their clothing and must set out conditions for monitoring shoes and wash their hands before en- the production of articles of tering the production site to prevent Pelargonium spp. and Solanum spp., for the entry of R. solanacearum race 3 enforcement of the requirements of biovar 2 into the production site. this paragraph (r)(3), and for the estab- (viii) Growing media for articles of lishment of a trust fund as provided for Pelargonium spp. and Solanum spp. must in paragraph (r)(3)(xv) of this section. be free of R. solanacearum race 3 biovar (ii) The production site where the ar- 2. Growing media and containers for articles of Pelargonium spp. and Solanum ticles of Pelargonium spp. and Solanum spp. intended for export to the United spp. must not come in contact with States are produced must be registered growing media that could transmit R. with and certified by both APHIS and solanacearum race 3 biovar 2 and must the NPPO. As part of the certification be grown in an APHIS-approved grow- process, production sites must be ini- ing medium. tially approved and thereafter visited (ix) Water used in maintenance of the at least once a year by APHIS and the plants at the production site must be NPPO to verify compliance with the re- free of R. solanacearum race 3 biovar 2. quirements of this paragraph (r)(3). The production site must either derive (iii) The production site must con- the water from an APHIS-approved duct ongoing testing for R. source or treat the water with an solanacearum race 3 biovar 2. Only arti- APHIS-approved treatment before use. cles of Pelargonium spp. and Solanum (x) Growing media at the production spp. from a group of articles that has site must not come in direct contact

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with any water source, such as an the services enumerated in paragraph emitter or a hose end. If a drip irriga- (r)(3) of this section and all salaries tion system is used, backflow devices (including overtime and the Federal must be installed to prevent any R. share of employee benefits), travel ex- solanacearum race 3 biovar 2 that may penses (including per diem expenses), be present from spreading to the rest of and other incidental expenses incurred the production site through the irriga- by the inspectors in performing these tion system. Ebb and flow irrigation services. The government of the coun- may not be used. try in which the articles are produced (xi) Production site personnel must or its designated representative is re- be educated regarding the various quired to deposit a certified or cash- pathways through which R. ier’s check with APHIS for the amount solanacearum race 3 biovar 2 can be in- of the costs estimated by APHIS. If the troduced into a production site and deposit is not sufficient to meet all must be trained to recognize symptoms costs incurred by APHIS, the agree- of R. solanacearum race 3 biovar 2 infec- ment further requires the government tion in articles of Pelargonium spp. or of the country in which the articles are Solanum spp. in the production site. produced or its designated representa- (xii) Articles of Pelargonium spp. or tive to deposit with APHIS a certified Solanum spp. produced for export with- or cashier’s check for the amount of in an approved production site must be the remaining costs, as determined by handled and packed in a manner ade- APHIS, before the services will be com- quate to prevent the introduction of R. pleted. After a final audit at the con- solanacearum race 3 biovar 2. The arti- clusion of each shipping season, any cles must be labeled with information overpayment of funds would be re- indicating the production site from turned to the government of the coun- which the articles originated. try in which the articles are produced (xiii) If R. solanacearum race 3 biovar or its designated representative or held 2 is found in the production site or in on account until needed. consignments from the production site, (s) Any restricted article (except the production site will be ineligible to seeds) of Pinus spp. from Canada may export articles of Pelargonium spp. or be imported into the United States Solanum spp. to the United States. A only if it meets the following require- production site may be reinstated if a ments, as well as all other applicable reinspection reveals that the produc- requirements of this subpart, to pre- tion site is free of R. solanacearum race vent the introduction of pine shoot 3 biovar 2 and all problems in the pro- beetle (Tomicus piniperda): duction site have been addressed and (1) From noninfested Canadian Prov- corrected to the satisfaction of APHIS. inces to all areas of the United States. Re- (xiv) The phytosanitary certificate of stricted articles that originated in and inspection required by § 319.37–4 that were moved only through Canadian accompanies these articles must con- Provinces that are not considered to be tain an additional declaration that infested or partially infested with pine states ‘‘These articles have been pro- shoot beetle (Tomicus piniperda), as de- duced in accordance with the require- termined by the Canadian Food Inspec- ments in 7 CFR 319.37–5(r)(3).’’ tion Agency (CFIA), may be imported (xv) The government of the country into any area of the United States only in which the articles are produced if: must enter into a trust fund agreement (i) The accompanying phytosanitary with APHIS before each growing sea- certificate of inspection specifies the son. The government of the country in Canadian Province where the restricted which the articles are produced or its articles originated and, if applicable, designated representative is required the Province or Provinces they were to pay in advance all estimated costs moved through, if different from the that APHIS expects to incur through Province of origin; 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

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the outer covering, packaging, or con- (i) The accompanying phytosanitary tainer; and certificate of inspection specifies the (iii) If the restricted articles are to Canadian Province where the restricted be moved through an area of the articles originated and, if applicable, United States quarantined for pine the Province or Provinces they were shoot beetle, as provided in § 301.50–3 of moved through, if different from the this chapter, en route to an area or Province of origin. The treatment sec- areas in the United States not quar- tion of the phytosanitary certificate of antined for pine shoot beetle during inspection must indicate that the re- the period of January through Sep- stricted articles have been treated with tember when the temperature is 10 °C methyl bromide to kill the pine shoot (50 °F) or higher, the restricted articles beetle (Tomicus piniperda) in accord- are shipped in an enclosed vehicle or ance with the applicable provisions of completely covered (such as with plas- part 305 of this chapter; or alter- tic canvas, or other closely woven natively, in lieu of methyl bromide cloth) so as to prevent access by the treatment, the phytosanitary certifi- pine shoot beetle. cate of inspection must contain one of (2) From infested or partially infested the following additional declarations: Canadian Provinces to U.S. infested (A) ‘‘These restricted articles were areas. Restricted articles that origi- grown on a plantation that has a pro- nated in or were moved through a Ca- gram to control or eradicate pine shoot nadian Province that is considered to beetle (Tomicus piniperda) and have be infested or partially infested with been inspected and are considered to be pine shoot beetle (Tomicus piniperda), free from pine shoot beetle (Tomicus as determined by the CFIA, and are piniperda)’’; or destined for and will be moved only (B) ‘‘These restricted articles origi- through areas in the United States nated in an area where pine shoot bee- quarantined for pine shoot beetle, as tle (Tomicus piniperda) is not considered provided in § 301.50–3 of this chapter, to be present, as determined by the may be imported into the United CFIA’’; or States only if: (C) ‘‘These restricted articles have (i) The accompanying phytosanitary been 100 percent inspected and found to certificate of inspection specifies the be free from pine shoot beetle (Tomicus Canadian Province where the articles piniperda)’’; or originated and, if applicable, the Prov- (D) ‘‘Based on inspection, the re- ince or Provinces they were moved stricted articles are no greater than 36 through, if different from the Province inches high with a bole diameter at soil of origin; and level of 1 inch or less.’’ (ii) The U.S. destination (including (ii) The U.S. destination (including county and State) of the restricted ar- county and State) of the restricted articles is plainly indicated on the re- ticles is plainly indicated on the arti- stricted articles or, if applicable, on cles or, if applicable, on the outer cov- the outer covering, packaging, or con- ering, packaging, or container. tainer. (iii) If the restricted articles are to (3) From infested or partially infested be moved through an area of the Canadian Provinces to or through U.S. United States quarantined for pine noninfested areas. Restricted articles shoot beetle, as provided in § 301.50–3 of that originated in or were moved this chapter, en route to an area or through a Canadian Province that is areas in the United States not quar- considered to be infested or partially antined for pine shoot beetle during infested with pine shoot beetle the period of January through Sep- (Tomicus piniperda), as determined by tember when the temperature is 10 °C the CFIA, and are destined for or will (50 °F) or higher, the restricted articles be moved through an area in the must be shipped in an enclosed vehicle United States that is not quarantined or completely covered (such as with for pine shoot beetle, as provided in plastic canvas, or other closely woven § 301.50–3 of this chapter, may be im- cloth) so as to prevent access by pine ported into the United States only if: shoot beetle.

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(t) For any Vaccinium spp. plants lowing requirements for inclusion in from Canada, the phytosanitary certifi- the export program for Pelargonium cate of inspection required by § 319.37–4 spp. plants established by the national must contain an additional declaration plant protection organization of Spain: that such article was produced in an (i) Pelargonium spp. plants destined approved certification program and for export to the United States must be found by the national plant protection produced in a production site devoted organization of Canada to be free of the solely to production of such plants. BC–1 and BC–2 strains of blueberry (ii) The production sites in which scorch carlavirus. such plants are produced must be reg- (u) Special foreign inspection and cer- istered with the national plant protec- tification requirements for Pelargonium tion organization of Spain. Such pro- spp. plants from the Canary Islands. duction sites must employ safeguards Pelargonium spp. plants from the Ca- agreed on by APHIS and the national nary Islands may only be imported into plant protection organization of Spain, the United States in accordance with including, but not limited to, pre- the requirements of this section, to scribed mesh screen size (if the produc- prevent the plant pests Helicoverpa tion site is a screenhouse) and auto- armigera, Chrysodeixis chalcites, and matically closing doors, to ensure the Syngrapha circumflexa (syn. Cornutiplusia circumflexa) from entering exclusion of H. armigera. the United States. (iii) Each production site in which (1) Phytosanitary certificate. The plants destined for export to the phytosanitary certificate of inspection United States are grown must have at required by § 319.37–4 that accompanies least one blacklight trap for 1 year fol- Pelargonium spp. plants from the Ca- lowing any of the following events: nary Islands must contain additional (A) The construction of the produc- declarations that the plants were pro- tion site; duced in an approved Spanish (Canary (B) The entry of the production site Island) production site, that the pro- into the approved plants export production site is operated by a grower gram; participating in the export program for (C) The replacement of the covering Pelargonium spp. plants established by of the production site; or the national plant protection organiza- (D) The detection and repair of a tion of Spain, and that the plants were break or tear in the plastic or screen- grown under conditions specified by ing in the production site. APHIS as described in this paragraph (4) Inspections. Inspections under- § 319.37–5(u) to prevent infestation with taken in the export program for Helicoverpa armigera, Chrysodeixis Pelargonium spp. plants established by chalcites, and Syngrapha circumflexa the national plant protection organiza- (syn. Cornutiplusia circumflexa). tion of Spain will include, but may not (2) Grower registration and agreement. be limited to, the following: Persons in the Canary Islands who (i) The national plant protection or- produce Pelargonium spp. plants for ex- ganization of Spain will inspect the port to the United States must: (i) Be registered and approved by the plants and the production site during national plant protection organization the growing season and during packing. of Spain; and (ii) Packing materials and shipping (ii) Enter into an agreement with the containers for the plants must be in- national plant protection organization spected and approved by APHIS to en- of Spain whereby the producer agrees sure that they do not introduce pests of to participate in and follow the export concern to the plants. program for Pelargonium spp. plants es- (iii) Either APHIS or the national tablished by the national plant protec- plant protection organization of Spain tion organization of Spain. will inspect the production site of the (3) Growing requirements. Growers in plants to ensure that they meet stand- the Canary Islands who produce ards of sanitation agreed upon by Pelargonium spp. plants for export to APHIS and the national plant protec- the United States must meet the fol- tion organization of Spain.

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(iv) Inspectors from both APHIS and salaries (including overtime and the the national plant protection organiza- Federal share of employee benefits), tion of Spain will have access to the travel expenses (including per diem ex- production site as necessary to ensure penses), and other incidental expenses that growers are employing the proper incurred by the inspectors in per- safeguards against infestation of H. forming these services. The govern- armigera, C. chalcites, and S. circumflexa ment of Spain or its designated rep- and that those safeguards are correctly resentative is required to deposit a cer- implemented. tified or cashier’s check with APHIS (v) The national plant protection or- for the amount of the costs estimated ganization of Spain will provide APHIS by APHIS. If the deposit is not suffi- with access to the list of registered and cient to meet all costs incurred by approved growers at least annually. APHIS, the agreement further requires (5) Ineligibility for participation. (i) the government of Spain or its des- Growers will be ineligible for participa- ignated representative to deposit with tion in the export program for APHIS a certified or cashier’s check Pelargonium spp. plants established by for the amount of the remaining costs, the national plant protection organiza- as determined by APHIS, before the tion of Spain and their production sites services will be completed. After a will lose approved status if: final audit at the conclusion of each (A) Live Syngrapha circumflexa (syn. shipping season, any overpayment of Cornutiplusia circumflexa), or any other funds would be returned to the govern- moth of the family Noctuidae, are ment of Spain or its designated rep- found in a production site; resentative or held on account until (B) Live Syngrapha circumflexa (syn. needed. Cornutiplusia circumflexa), or any other (v) Special foreign inspection and cer- moth of the family Noctuidae, are found tification requirements for plants from in a shipment of plants; or Israel. Plants from Israel, except bulbs, (C) Growers violate the requirements dormant perennials, and seeds, may set out in this section and by the ex- only be imported into the United port program established by the na- States in accordance with the regula- tional plant protection organization of tions in this section, to prevent Spain. Spodoptera littoralis and other quar- (ii) A grower may be reinstated, and antine pests found in Israel from enter- the grower’s production sites may re- ing the United States. gain approved status, by requesting re- (1) Phytosanitary certificate. The approval and submitting a detailed re- phytosanitary certificate of inspection port describing the corrective actions required by § 319.37–4 that accompanies taken by the grower. Reapproval will plants from Israel at the time of ar- only be granted upon concurrence from rival at the port of first arrival in the the national plant protection organiza- United States must contain additional tion of Spain and APHIS. declarations that the plants were pro- (6) Termination. APHIS may termi- duced in an approved Israeli production nate the entire program if there are re- site, that the production site is oper- peated violations of procedural or bio- ated by a grower participating in the logical requirements. export program for plants established (7) Trust fund. The government of by the national plant protection orga- Spain must enter into a trust fund nization of Israel, and that the plants agreement with APHIS before each were grown under conditions specified growing season. The government of by APHIS as described in this para- Spain or its designated representative graph § 319.37–5(v) to prevent infesta- is required to pay in advance all esti- tion or contamination with Spodoptera mated costs that APHIS expects to littoralis or other quarantine pests. incur through its involvement in over- (2) Grower registration and agreement. seeing the execution of paragraph (u) of Persons in Israel who produce plants this section. These costs will include for export to the United States must: administrative expenses incurred in (i) Be registered and approved by the conducting the services enumerated in national plant protection organization paragraph (u) of this section and all of Israel; and

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(ii) Enter into an agreement with the pests before being allowed into the national plant protection organization screened area of the production site. of Israel whereby the producer agrees (iii) The national plant protection or- to participate in and follow the export ganization of Israel will inspect the program for plants established by the plants to ensure that no quarantine national plant protection organization pests are present prior to export. of Israel. (iv) Packing materials and shipping (3) Growing requirements. Growers in containers for the plants must be in- Israel who produce plants for export to spected and approved by APHIS to en- the United States must meet the fol- sure that they do not introduce pests of lowing requirements for inclusion in concern to the plants. the export program for plants estab- (v) Either APHIS or the national lished by the national plant protection organization of Israel: plant protection organization of Israel (i) Plants destined for export to the will inspect the production site of the United States must come from a pro- plants to ensure that they meet stand- duction site devoted solely to produc- ards of sanitation approved by APHIS. tion of such plants. (vi) Inspectors from both APHIS and (ii) The production sites in which the national plant protection organiza- such plants are produced must be reg- tion of Israel will have access to the istered with the national plant protec- production site as necessary to ensure tion organization of Israel. These pro- that growers are employing the safe- duction sites must employ safeguards guards and procedures prescribed by agreed on by APHIS and the national the program and that those safeguards plant protection organization of Israel and procedures are correctly imple- to prevent the entry of S. littoralis, in- mented. cluding, but not limited to, insect- (vii) The national plant protection proof screening over openings and dou- organization of Israel will provide ble or airlock-type doors. Any rips or APHIS with access to the list of reg- tears in the insect-proof screening istered and approved growers at least must be repaired immediately. annually. (iii) Each production site in which (5) Ineligibility for participation. (i) plants destined for export to the Growers will be ineligible for participa- United States are grown must have at tion in the export program for plants least one blacklight trap for 1 year fol- established by the national plant pro- lowing any of the following events: tection organization of Israel and their (A) The construction of the produc- production sites will lose approved station site; tus if: (B) The entry of the production site (A) Live Spodoptera littoralis are into the approved plants export pro- found in a production site; gram; (B) Live Spodoptera littoralis are found (C) The replacement of the covering at port inspection two times during the of the production site; or shipping season in shipments from the (D) The detection and repair of a same grower; or break or tear in the plastic or screening in the production site. (C) Growers violate the requirements (4) Inspections. Inspections under- set out in this section and by the ex- taken in the export program for plants port program established by the na- established by the national plant pro- tional plant protection organization of tection organization of Israel will in- Israel. clude, but may not be limited to, the (ii) A grower may be reinstated, and following: the grower’s production sites may re- (i) The national plant protection or- gain approved status, by requesting re- ganization of Israel will inspect the approval and submitting a detailed re- plants and the production site weekly port describing the corrective actions to ensure that no quarantine pests are taken by the grower. Reapproval will present. only be granted upon concurrence from (ii) Plants must be inspected to en- the national plant protection organiza- sure that they are free of quarantine tion of Israel and APHIS.

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(6) Termination. APHIS may termi- ment of Israel or its designated rep- nate the entire program if there are re- resentative or held on account until peated violations of procedural or bio- needed. logical requirements. (7) Trust fund. The government of (Approved by the Office of Management and Israel must enter into a trust fund Budget under control numbers 0579–0049, 0579–0176, 0579–0221, 0579–0246, 0579–0257, and agreement with APHIS before each 0579–0279) growing season. The government of Israel or its designated representative [45 FR 31585, May 13, 1980; 45 FR 35305, May is required to pay in advance all esti- 27, 1980, as amended at 45 FR 53450, Aug. 12, mated costs that APHIS expects to 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, incur through its involvement in over- Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, seeing the execution of paragraph (v) of 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, this section. These costs will include Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999; 67 FR administrative expenses incurred in 53731, Aug. 19, 2002; 68 FR 28119, May 23, 2003; conducting the services enumerated in 68 FR 37915, June 25, 2003; 68 FR 50045, Aug. paragraph (v) of this section and all 20, 2003; 69 FR 2490, Jan. 16, 2004; 69 FR 21946, salaries (including overtime and the Apr.23, 2004; 69 FR 61586, Oct. 20, 2004; 70 FR Federal share of employee benefits), 33324, June 7, 2005; 70 FR 41092, July 15, 2005; travel expenses (including per diem ex- 70 FR 61361, Oct. 24, 2005; 70 FR 72068, Dec. 1, penses), and other incidental expenses 2005; 72 FR 15810, Apr. 3, 2007; 72 FR 43518, incurred by the inspectors in per- Aug. 6, 2007] forming these services. The govern- § 319.37–6 Specific treatment and ment of Israel or its designated rep- other requirements. resentative is required to deposit a certified or cashier’s check with APHIS (a) The following seeds and bulbs for the amount of the costs estimated may be imported into the United by APHIS. If the deposit is not suffi- States from designated countries and cient to meet all costs incurred by localities only if they have been treat- APHIS, the agreement further requires ed for the specified pests in accordance the government of Israel or its des- with part 305 of this chapter. Seeds and ignated representative to deposit with bulbs treated prior to importation out- APHIS a certified or cashier’s check side the United States must be treated for the amount of the remaining costs, in accordance with § 319.37–13(c). An in- as determined by APHIS, before the spector may require treatment within services will be completed. After a the United States of articles that have final audit at the conclusion of each been treated prior to importation out- shipping season, any overpayment of side the United States if such treat- funds would be returned to the government 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 Uzbekistan. Castanea seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Guizotia abyssinica All (see paragraph (c) of this section) ...... Cuscuta spp., and other noxious weeds (niger) seeds. listed in 7 CFR 360.200. Hibiscus spp. (hibiscus, All, with the exception of kenaf seed (Hibiscus Pectinophora gossypiella (Saunders) rose mallow) seeds. cannabinus) from Mexico that is to be imported into pink (pink bollworm). bollworm generally infested areas listed in § 301.52–2a of this chapter. Lathyrus spp. (sweet All except North America and Central America ...... Insects of the family Bruchidae. pea, peavine) seeds.

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

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, Argentina, Bangladesh, Xanthomonas axonopodis, pv. citri (citrus species in the family. Brazil, Caroline Islands, Comoro Islands, Fiji Islands, canker). Home Island in Cocos (Keeling) Islands, Hong Kong, India, Indonesia, Ivory Coast, Japan, Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Myanmar, Nepal, Oman, Pakistan, Papua New Guinea, Paraguay, People’s Republic of China, Philippines, Re- union Island, Rodriquez Islands, Ryukyu Islands, Saudi Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thurs- day Island, United Arab Emirates, Uruguay, Vietnam, Yemen (Sanaa), 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 § 319.37–7 Postentry quarantine. within the United States must be (a) The following restricted articles, treated at the time of importation into from the designated countries and lo- the United States. calities, and any increase therefrom (c) Seeds of Guizotia abyssinica (niger must be grown under postentry quar- seed) that are treated prior to ship- antine conditions specified in para- ment to the United States at a facility graphs (c) and (d) of this section, and that is approved by APHIS 8 and that may be imported or offered for impor- operates in compliance with a written tation into the United States only: agreement between the treatment fa- (1) If destined for a State that has cility owner and the plant protection completed a State postentry quar- service of the exporting country, in antine agreement in accordance with which the treatment facility owner paragraph (c) of this section; agrees to comply with the provisions of (2) If a postentry quarantine growing this section and allow inspectors and agreement has been completed and sub- representatives of the plant protection mitted to Plant Protection and Quar- service of the exporting country access antine in accordance with paragraph to the treatment facility as necessary (d) of this section. The agreement must to monitor compliance with the regula- be signed by the person (the importer) tions. Treatments must be certified in applying for a written permit for im- accordance with the conditions de- portation of the article in accordance scribed in § 319.37–13(c). with § 319.37–3; and, (d) Shipments of kenaf (Hibiscus (3) If Plant Protection and Quar- cannabinus) seed from Mexico that are antine has determined that the completed postentry quarantine growing imported into pink bollworm generally agreement fulfills the applicable re- infested areas listed in § 301.52–2a shall quirements of this section and that be subject to inspection, and shall im- services by State inspectors are avail- mediately, upon release, be subject to able to monitor and enforce the the domestic pink bollworm quarantine postentry quarantine: regulations in §§ 301.52 through 301.52– 10, ‘‘Subpart—Pink Bollworm,’’ of this Restricted Article (ex- Foreign Country(ies) or Locality(ies) chapter. cluding seeds) from which imported Abelmoschus spp. All except Africa, Bangladesh, [72 FR 43521, Aug. 6, 2007] (okra). Brazil, Canada, India, Iraq, Papua New Guinea, Sri Lanka, and Trinidad and Tobago. Acacia spp. (acacia) .... All except Australia, Canada, and 8 Criteria for the approval of heat treat- Oceania. ment facilities are contained in part 305 of Acer spp. (maple)...... All except Canada, Europe, and this chapter. Japan.

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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported cluding seeds) from which imported

Actinidia spp. (Chinese All except Australia, Canada, Cydonia spp. (quince) Countries listed in § 319.37–5(b) gooseberry, kiwi). Japan, New Zealand, and Tai- meeting the condi- except Canada. wan. tions for importation Aesculus spp. All except Canada, Czech Republic, in § 319.37–5(b). (horsechestnut). Germany, Romania, Slovakia, Datura spp...... All except Canada and India. United Kingdom. Datura spp. (woody (See Brugmansia spp.) Althaea spp. (althaea, All except Africa, Bangladesh, Can- species). hollyhock). ada, India, and Sri Lanka. Dendranthema spp. See Chrysanthemum spp. Berberis spp. (barberry) All. (chrysanthemum). destined to any State Dianthus spp. (carna- Great Britain, unless exempted except the eradi- tion, sweet-william). from postentry quarantine condi- cation States listed in tions pursuant to § 319.37–5(d), § 301.38–2a of this and all other countries and local- chapter (plants of all ities except Canada. species and horti- Eucalyptus spp ...... All except Canada, Europe, Sri cultural varieties des- Lanka, and Uruguay. ignated as resistant Euonymus spp. All except Canada, Japan, and Eu- to black stem rust in (euonymus). rope. accordance with Fruit and nut articles All except Canada. § 301.38–1 of this listed by common chapter). name in paragraph Blighia sapida (akee) ... All except Canada, Cote d’Ivoire, (b) of this section. and Nigeria. Gladiolus spp. (glad- All except Africa, Argentina, Brazil, Bromeliaceae All. iolus) (except bulbs) Canada, France, Italy, Luxem- (bromeliads) destined not meeting the con- bourg, Malta, Mauritius, Portugal, to Hawaii. dition for importation Spain, and Uruguay. Brugmansia spp...... All except Canada and Colombia. in § 319.37–5(l). Cedrus spp. (cedar) ..... All except Canada and Europe. Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, Chaenomeles spp. Countries listed in § 319.37–5(b) hibiscus, rose mal- and India. (flowering quince) except Canada. low). meeting the condi- Humulus spp. (hops) ... All. tions for importation Hydrangea spp. (hy- All except Canada and Japan. in § 319.37–5(b). drangea). Chrysanthemum spp. All except Andorra, Argentina, Aus- Jasminum spp. jas- All except Canada, Belgium, Ger- (chrysanthemum, in- tralia, Belarus, Bosnia and mine). many, Great Britain, India, and cludes Herzegovina, Brazil, Brunei, Can- the Philippines. Dendranthema spp.) ada, Canary Islands, Chile, Juniperus spp. (juniper) All except Canada and Europe. meeting the condi- China, Colombia, Croatia, Ecua- Larix spp. (larch) ...... All except Canada, Japan, and Eu- tions in § 319.37–5(c). dor, Iceland, Japan, Korea, rope. Liechtenstein, Macedonia, Malay- sia, Mexico, Moldova, Monaco, Leucanthemella All except Andorra, Argentina, Aus- New Zealand, Norway, Peru, Re- serotina. tralia, Belarus, Bosnia and public of South Africa, Russia, Herzegovina, Brazil, Brunei, Can- San Marino, Switzerland, Taiwan, ada, Canary Islands, Chile, Thailand, Tunisia, Ukraine, Uru- China, Colombia, Croatia, Ecua- guay, Venezuela, Yugoslavia; the dor, Iceland, Japan, Korea, European Union (Austria, Bel- Liechtenstein, Macedonia, Malay- gium, Bulgaria, Cyprus, Czech sia, Mexico, Moldova, Monaco, Republic, Denmark, Estonia, Fin- New Zealand, Norway, Peru, Re- land, France, Germany, Greece, public of South Africa, Russia, Hungary, Ireland, Italy, Latvia, San Marino, Switzerland, Taiwan, Lithuania, Luxembourg, Malta, Thailand, Tunisia, Ukraine, Uru- Netherlands, Poland, Portugal, guay, Venezuela, Yugoslavia; the Romania, Slovakia, Slovenia, European Union (Austria, Bel- Spain, Sweden, and United King- gium, Bulgaria, Cyprus, Czech dom); and all countries, terri- Republic, Denmark, Estonia, Fin- tories, and possessions of coun- land, France, Germany, Greece, tries located in part or entirely be- Hungary, Ireland, Italy, Latvia, tween 90° and 180° East lon- Lithuania, Luxembourg, Malta, gitude. Netherlands, Poland, Portugal, Crataegus monogyna Europe. Romania, Slovakia, Slovenia, Jacq. (hawthorne, Spain, Sweden, and United King- thorneapple, red dom); and all countries, terri- haw). tories, and possessions of countries located in part or entirely be- Crocosmia spp. All except Africa, Argentina, Brazil, tween 90° and 180° East lon- (montebretia) (except Canada, France, Italy, Luxem- gitude. bulbs) not meeting bourg, Malta, Mauritius, Portugal, Ligustrum spp. (privet) All except Canada and Europe. the conditions for im- Spain, and Uruguay. portation in § 319.37– 5(l).

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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported cluding seeds) from which imported

Mahoberberis spp. des- All. Philadelphus spp. All except Canada and Europe. tined to any State ex- (mock orange). cept the eradication Picea spp. (spruce) ..... All except Canada, Europe, Japan, States listed in and Siberia. § 301.38–2a of this Pinus spp. (pine) (2-or- All except Canada, Europe, and chapter (plants of all 3 leaved). Japan. species and horti- Populus spp. (aspen, All except Canada and Europe. cultural varieties des- cottonwood, poplar). ignated as resistant Prunus spp. (almond, Countries listed in § 319.37–5(b) to black stem rust in apricot, cherry, cher- except Canada. accordance with ry laurel, English lau- § 301.38–1 of this rel, nectarine, peach, chapter). plum, prune) meeting Mahonia spp. All. the conditions for im- (mahonia) destined portation in § 319.37– to any State except 5(b). the eradication Pseudolarix spp. (gold- All except Canada, Japan, and Eu- States listed in en larch). rope. § 301.38–2a of this Pseudotsuga spp. All except Canada and Europe. chapter (plants of all (Douglas fir). species and horti- Pyrus spp. (pear) meet- Countries listed in § 319.37–5(b) cultural varieties des- ing the conditions for except Canada. ignated as resistant importation in to black stem rust in § 319.37–5(b). accordance with Quercus spp. (oak) ...... All except Canada and Japan. § 301.38–1 of this Ribes spp...... All except Canada, Europe, and chapter). New Zealand. Malus spp. (apple, Countries listed in § 319.37–5(b) Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- crabapple) meeting except Canada. ada, Italy, and New Zealand. the conditions for im- Rubus spp. All unless exempted from postentry portation in § 319.37– (cloudberry, black- quarantine conditions pursuant to 5(b). berry, boysenberry, § 319.37–5(e). Mespilus germanica Countries listed in § 319.37–5(b) dewberry, logan- (medlar). except Canada. berry, raspberry). Salix spp. (willow) ...... All of Europe (except Belgium, Ger- Morus spp. (mulberry) All except Canada, India, Japan, many, Great Britain, and the Korea, People’s Republic of Netherlands). China, Thailand, and the geo- Sorbus spp. (mountain All except Canada, Czech Republic, graphic area formerly known as ash). Denmark, Germany, and Slo- the Union of Soviet Socialist Re- vakia. publics. Syringa spp. (lilac)...... The Netherlands, if the articles Nipponanthemum All except Andorra, Argentina, Aus- meet the conditions for importa- nipponicum. tralia, Belarus, Bosnia and tion in § 319.37–5(i), and all other Herzegovina, Brazil, Brunei, Can- places except Canada and Eu- ada, Canary Islands, Chile, rope. China, Colombia, Croatia, Ecua- Ulmus spp. (elm) ...... All except Canada and Europe. dor, Iceland, Japan, Korea, Watsonia spp. (bugle All except Africa, Argentina, Brazil, Liechtenstein, Macedonia, Malay- lily) (except bulbs) Canada, France, Italy, Luxem- sia, Mexico, Moldova, Monaco, not meeting the con- bourg, Malta, Mauritius, Portugal, New Zealand, Norway, Peru, Re- ditions for importation Spain, and Uruguay. public of South Africa, Russia, in § 319.37–5(l). San Marino, Switzerland, Taiwan, Thailand, Tunisia, Ukraine, Uru- guay, Venezuela, Yugoslavia; the (b) Fruit and nut articles (common European Union (Austria, Bel- names are listed after scientific gium, Bulgaria, Cyprus, Czech names). Republic, Denmark, Estonia, Fin- land, France, Germany, Greece, Achras—(Synonym for Manilkara) Hungary, Ireland, Italy, Latvia, Annona— custard apple, cherimoya, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, sweetsop, sugarapple, soursop, bullock’s Romania, Slovakia, Slovenia, heart, alligator apple, suncoya, ilama, Spain, Sweden, and United King- guanabana, pond apple dom); and all countries, terri- Anacardium— cashew tories, and possessions of coun- Artocarpus— breadfruit, jackfruit tries located in part or entirely be- Averrhoa— carambola ° ° tween 90 and 180 East lon- Carica— papaya, pawpaw gitude. Carissa— natal plum Nut and fruit articles (see fruit and nut ar- Ceratonia— St. Johnsbread ticles). Chrysobalanus— coco plum Passiflora spp. (pas- All except Canada. Chrysophyllum— starapple sion fruit, granadilla). Corylus— filbert, hazel, hazelnut, cobnut

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Crataegus— hawthorne (ii) [Reserved] Diospyros— persimmon, kaki, mabola (2) In any such written agreement, Durio— durian the State shall agree to: Eriobotrya— loquat, Japanese medlar, Japa- (i) Establish State regulations and nese plum Euphoria— longan requirements prior to the effective Eugenia— roseapple, Malayapple, date of the agreement and enforce such Curacaoapple regulations and requirements nec- Feijoa— feijoa, pineapple guava (except from essary to inspect sites and plants grow- New Zealand if accompanied by a ing in postentry quarantine and to phytosanitary certificate of inspection in monitor and enforce compliance with accordance with § 319.37–5(k)) postentry quarantine growing in ac- Ficus— fig cordance with this section; Garcinia— mangosteen, gourka Juglans— walnut, butternut, heartnut, (ii) Review pending permit applica- regranut, buartnut tions for articles to be grown under Lansium— langsat postentry quarantine conditions in the Litchi— lychee, leechee State, upon request of Plant Protec- Macadamia— macadamia nut, queensland nut tion and Quarantine, and report to the Malpighia— Barbados cherry Postentry Quarantine Unit of Plant Mammea— mammeapple, mamey Protection and Quarantine whether the Mangifera— mango State would be able to provide inspec- Manilkara— sapodilla Melicoccus— honeyberry, mamoncilla, span- tion and monitoring services for the ish lime, genip proposed postentry quarantine; Nephelium— rambutan, pulasan (iii) Provide the services of State in- Olea— olive spectors to: inspect sites to be used for Persea— avocado, alligator pear postentry quarantine; report to the Phyllanthus— otaheite-gooseberry Postentry Quarantine Unit of Plant Pistacia— pistachio Protection and Quarantine whether the Psidium— guava, guayala site is of adequate size to contain the Punica— pomegranate, granada Pyronia— quinpear number of plants proposed for importa- Rhodomyrtus— hill gooseberry, rose myrtle tion, including potential increase if in- Spondias— yellow mombin, red mombin, hog crease is allowed; inspect plants for plum evidence of exotic pests at least once Syzygium— Malayapple, rose apple, java during the first year and once during plum the second year for plants required to Vaccinium— blueberry, cranberry be grown in postentry quarantine for 2 Ziziphus— jujube years, and at least once for plants re- (c) State Postentry quarantine agree- quired to be grown in quarantine for ment. (1) Articles required to undergo less than 2 years; and monitor and en- postentry quarantine in accordance force compliance with the require- with this section may only be imported ments of this section during the use of if destined for postentry quarantine the sites for postentry quarantine; growing in a State which has entered (iv) Report to the Postentry Quar- into a written agreement with the Ani- antine Unit of Plant Protection and mal and Plant Health Inspection Serv- Quarantine any evidence of plant pests ice, signed by the Administrator or his that are not known to exist in the or her designee and by the State Plant United States and that are found at a Regulatory Official. In accordance with postentry quarantine site by State in- the laws of individual States, inspec- spectors; recommend to Plant Protec- tion and other postentry quarantine tion and Quarantine safeguards or services provided by a State may be mitigation measures to control the subject to charges imposed by the pests; and supervise the application of State. safeguards or mitigation measures ap- (i) The following States have entered proved by Plant Protection and Quar- into a postentry quarantine agreement antine; and in accordance with this paragraph: All (v) Report to the Postentry Quar- U.S. States and Territories, except the antine Unit of Plant Protection and District of Columbia, Guam, Hawaii, Quarantine any propagation or in- Kansas, and the Northern Mariana Is- crease in the number of plants that oc- lands. curs during postentry quarantine.

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(3) In any such written agreement, submitted to Plant Protection and the Administrator shall agree to: Quarantine. On each postentry quar- (i) Seek State review of permit appli- antine growing agreement, APHIS cations for postentry quarantine mate- shall also obtain the signature of the rial in that State, and issue permits State Plant Regulatory Official for the only after determining that State serv- State in which regulated articles cov- ices are available to monitor the ered by the agreement will be grown. postentry quarantine; The postentry quarantine growing (ii) Upon request of the State, pro- agreement shall specify the kind, num- vide training, technical advice, and ber, and origin of plants to be im- pest identification services to State of- ported, and shall certify to APHIS and ficials involved in providing postentry to the State in which the articles are quarantine services in accordance with grown that the signer of the agreement this section; will comply with the following condi- (iii) Notify State officials, in writing tions for the period of time specified and within ten days of the arrival, below: when plant material destined for (1) To grow such article or increase postentry quarantine in their State ar- therefrom only on specified premises rives in the United States, and notify owned, rented, or otherwise in posses- State officials in writing when mate- sion of the importer, within a space of rials in postentry quarantine may be dimensions designated by an inspector, released from quarantine in their and to move, propagate, or allow prop- State. agation of the article or increase there- (4) Termination of State postentry quar- from or parts thereof only with the antine agreement. A State postentry written permission of the coordinator, quarantine agreement may be termi- Postentry Quarantine Unit, USDA, nated by either the Administrator or APHIS, PPQ, Building 580, BARC-East, the State Plant Regulatory Official by Beltsville, MD 20705; giving written notice of termination to (2) To permit an inspector to have ac- the other party. The effective date of cess to the specified premises for in- the termination will be 60 days after spection of such article during regular the date of actual receipt of notice, business hours; with regard to future importation to (3) To keep the article and any in- that State of articles requiring crease therefrom identified with a label postentry quarantine in accordance showing the name of the article, port with this section. When a postentry accession number, and date of importa- quarantine agreement is terminated by tion; either the State Plant Regulatory Offi- (4) To keep the article separated cial or the Administrator, APHIS and from any other plant or plant product the affected State shall continue to by no less than 3 meters (approxi- provide postentry quarantine services mately 10 feet) unless such other plant in accordance with the postentry quar- or plant product is of the same genus antine agreement, until the time the as the article, entered postentry quar- plant material is eligible to be released antine with the article, and arrived to- from quarantine, for all postentry gether with the article in a single ship- quarantine material already in the ment from a foreign region; State, and for all postentry quarantine (5) To allow or apply remedial meas- material that arrives in the State prior ures (including destruction) deter- to the effective date of termination. mined by an inspector to be necessary (d) Postentry quarantine growing agree- to prevent the spread of an injurious ments. Any restricted article required plant disease, injurious insect pest, or to be grown under postentry quar- other plant pest; antine conditions, as well as any in- (6) To notify an inspector, orally or crease therefrom, shall be grown in ac- in writing, within 30 days of the time cordance with a postentry quarantine the importer or the person in charge of growing agreement signed by the per- the growing site finds any abnormality son (the importer) applying for a writ- of the article, or the article dies or is ten permit in accordance with § 319.37– killed by the importer, the person in 3 for importation of the article and charge of the growing site, or any

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other person; to retain the abnormal or quarantine growing requirements of dead article for at least 60 days fol- this section, or any increase therefrom, lowing that date of notification; and to is being grown at an unauthorized site, give the abnormal or dead article to an the inspector may file an emergency inspector upon request; action notification (PPQ form 523) with (7) To grow the article or increase the owner of the article or the person therefrom in postentry quarantine for who owns or is in possession of the site a period of 2 years unless specified oth- on which the article is being grown. erwise in the following: The person named in the form 523 (i) To grow the article or increase must, within the time specified in form therefrom, if an article of Rubus spp. 523, sign a postentry quarantine grow- (cloudberry, blackberry, boysenberry, ing agreement, destroy, ship to a point dewberry, loganberry, raspberry) from outside the United States, move to an Europe, only in a screenhouse with authorized postentry quarantine site, screening of a minimum of 16 mesh per and/or apply treatments or other safe- inch. guards to the article, the increase (ii) To grow the article or increase therefrom only in a greenhouse or therefrom, or any portion of the article other enclosed building, and to comply or the increase therefrom, as pre- with the above conditions for a period scribed by an inspector to prevent the of 6 months after importation for an introduction of plant pests into the article of Chrysanthemum spp., United States. In choosing which ac- Dendranthema spp, Leucanthemella tion to order and in setting the time serotina, and Nipponanthemum limit for the action, the inspector shall nipponicum, for a period of 1 year after consider the degree of pest risk pre- importation for an article of Dianthus sented by the plant pest(s) associated spp. (carnation, sweet-william), and for with the kind of article (including in- a period of 9 months after importation crease therefrom), the types of other for an article of Hydrangea spp. host materials for the pest in or near (iii) To grow the article or increase the growing site, the climate and sea- therefrom, if an article of Humulus spp. son at the site in relation to the pest’s (hops), a meristem culture of the im- survival, and the availability of treat- ported plant will be observed for 6 ment facilities. months, and the original plant will be (2) Growing at authorized sites. If an destroyed after the meristem culture is inspector determines that any article, established. After the 6-month observa- or any increase therefrom, grown at a tion, the meristem culture-generated site specified in an authorized plant must remain in postentry quar- postentry quarantine growing agree- antine for an additional year. ment is being grown contrary to the (e) A completed postentry quarantine provisions of this section, including in agreement shall accompany the appli- numbers greater than the number ap- cation for a written permit for an arti- proved by the postentry quarantine cle required to be grown under growing agreement, or in a manner postentry quarantine conditions. 9 that otherwise presents a risk of intro- (f) Inspector-ordered disposal, move- ducing plant pests into the United ment, or safeguarding of restricted arti- States, the inspector shall issue an cles; costs and charges, civil and criminal emergency action notification (PPQ liabilities—(1) Growing at unauthorized form 523) to the person who signed the sites. If an inspector determines that postentry quarantine growing agree- any article subject to the postentry ment. That person shall be responsible for carrying out all actions specified in 9 Postentry quarantine agreement forms the emergency action notification. The are available without charge from the Ani- emergency action notification may ex- mal and Plant Health Inspection Service, tend the time for which the articles Plant Protection and Quarantine, Port Oper- and the increase therefrom must be ations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737–1236, or local grown under the postentry quarantine offices of the Plant Protection and Quar- conditions specified in the authorized antine Programs which are listed in tele- postentry quarantine growing agree- phone directories. ment, or may require that the person

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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 New- other safeguards to the article, the in- foundland or from that portion of the crease therefrom, or any portion of the Municipality of Central Saanich in the article or the increase therefrom, with- Province of British Columbia east of in the time specified in the emergency the West Saanich Road may only be action notification. In choosing which imported in an approved growing me- action to order and in setting the time dium if the phytosanitary certificate limit for the action, the inspector shall accompanying it contains an addi- consider the degree of pest risk pre- tional declaration that that the plants sented by the plant pest(s) associated were grown in a manner to prevent in- with the kind of article (including infestation by potato cyst nematodes crease therefrom), the types of other (Globodera rostochiensis and G. pallida). host materials for the pest in or near (c) A restricted article growing solely the growing site, the climate and sea- in agar or in other agar-like tissue cul- son at the site in relation to the pest’s ture medium may be imported estab- survival, and the availability of treat- lished in such growing media. ment facilities. (d) Epiphytic plants (including orchid (3) Costs and charges. All costs pursu- plants) established solely on tree fern ant to any action ordered by an inspec- slabs, coconut husks, coconut fiber, tor in accordance with this section new clay pots, or new wooden baskets shall be borne by the person who signed may be imported on such growing the postentry quarantine growing media. New wooden baskets must meet agreement covering the site where the all applicable requirements in §§ 319.40– articles were grown, or if no such 1 through 319.40–11. agreement was signed, by the owner of (e) A restricted article of any of the the articles at the growing site. following groups of plants may be im- (4) Civil and criminal liabilities. Any ported established in an approved person who moves an article subject to growing medium listed in this para- postentry quarantine growing require- graph if the restricted article meets ments from the site specified for that the conditions of this paragraph and is article in an authorized postentry accompanied by a phytosanitary cer- quarantine growing agreement, or who tificate issued by the plant protection otherwise handles such an article con- service of the country in which the re- trary to the requirements of this sec- stricted article was grown that de- tion, shall be subject to such civil pen- clares that the restricted article meets alties and such criminal liabilities as the conditions of this paragraph: are provided by 18 U.S.C. 1001, 7 U.S.C. Alstroemeria 7734, or other applicable Federal stat- Ananas 10 utes. Anthurium (Approved by the Office of Management and Artificially dwarfed (penjing) plants from Budget under control number 0579–0049) the People’s Republic of China of the following plant species: Buxus sinica, Ehretia [45 FR 31585, May 13, 1980] microphylla, Podocarpus macrophyllus, EDITORIAL NOTE: For FEDERAL REGISTER ci- Sageretia thea, and Serissa foetida. tations affecting § 319.37–7, see the List of Begonia CFR Sections Affected, which appears in the Gloxinia (=Sinningia) Finding Aids section of the printed volume Nidularium 11 and on GPO Access. Peperomia Phalaenopsis spp. from Taiwan § 319.37–8 Growing media. Polypodiophyta (=Filicales) (ferns) (a) Any restricted article at the time Rhipsalidopsis spp. from the Netherlands and Denmark of importation or offer for importation Rhododendron from Europe into the United States shall be free of sand, soil, earth, and other growing 10 These articles are bromeliads, and if im- media, except as provided in paragraph ported into Hawaii, bromeliads are subject to (b), (c), (d) or (e) of this section. postentry quarantine in accordance with (b)(1) A restricted article from Can- § 319.7–7. ada may be imported in any growing 11 See footnote 10.

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Saintpaulia entryways. All entryways must be Schlumbergera spp. from the Netherlands and equipped with automatic closing doors; Denmark. (iii) Rooted and grown in an active (1) Approved growing media are state of foliar growth for at least four baked expanded clay pellets, coal cin- consecutive months immediately prior der, coir, cork, glass wool, organic and to importation into the United States, inorganic fibers, peat, perlite, phenol in a greenhouse unit that is used solely formaldehyde, plastic particles, poly- for articles grown in compliance with ethylene, polymer stabilized starch, this paragraph; polystyrene, polyurethane, rock wool, (iv) Grown from seeds germinated in sphagnum moss, ureaformaldehyde, the greenhouse unit; or descended from stockosorb superabsorbent polymer, a mother plant that was grown for at vermiculite, volcanic rock, or zeolite, least 9 months in the exporting coun- or any combination of these media. try prior to importation into the Growing media must not have been United States of the descendent plants, previously used. provided that if the mother plant was (2) Articles imported under this para- imported into the exporting country graph must be grown in compliance from another country, it must be: with a written agreement for enforce- (A) Grown for at least 12 months in ment of this section signed by the the exporting country prior to impor- plant protection service of the country tation of the descendent plants into where grown and Plant Protection and the United States, or Quarantine, must be developed from (B) Treated at the time of importa- mother stock that was inspected and tion into the exporting country with a found free from evidence of disease and treatment prescribed for pests of that pests by an APHIS inspector or foreign plant by the plant protection service of plant protection service inspector no the exporting country and then grown more than 60 days prior to the time the for at least 9 months in the exporting article is established in the greenhouse country prior to importation of the de- (except for articles developed from scendent plants into the United States; seeds germinated in the greenhouse), (v) Watered only with rainwater that and must be: has been boiled or pasteurized, with (i) Grown in compliance with a writ- clean well water, or with potable ten agreement between the grower and water; the plant protection service of the (vi) Rooted and grown in approved country where the article is grown, in growing media listed in § 319.37–8(e)(1) which the grower agrees to comply on benches supported by legs and with the provisions of this section and raised at least 46 cm above the floor; to allow inspectors, and representa- (vii) Stored and packaged only in tives of the plant protection service of areas free of sand, soil, earth, and plant the country where the article is grown, pests; access to the growing facility as nec- (viii) Inspected in the greenhouse and essary to monitor compliance with the found free from evidence of plant pests provisions of this section; and diseases by an APHIS inspector or (ii) Grown solely in a greenhouse in an inspector of the plant protection which sanitary procedures adequate to service of the exporting country, no exclude plant pests and diseases are al- more than 30 days prior to the date of ways employed, including cleaning and export to the United States; disinfection of floors, benches and (ix) For Rhododendron species only, tools, and the application of measures the plants must be propagated from to protect against any injurious plant mother plants that have been visually diseases, injurious insect pests, and inspected by an APHIS inspector or an other plant pests. The greenhouse must inspector of the plant protection serv- be free from sand and soil and must ice of the exporting country and found have screening with openings of not free of evidence of diseases caused by more than 0.6 mm (0.2 mm for green- the following pathogens: Chrysomyxa houses growing Rhododendron spp.) on ledi var. rhododendri, Erysiphe all vents and openings except cruciferarum, Erysiphe rhododendri,

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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. (A) Have received a pesticide dip prescribed by the plant protection service (5) For Serissa foetida: Melampsora of the exporting country for mites, serissicola. scale insects, and whitefly; and (C) Growing. The artificially dwarfed (B) Have been grown for at least the (penjing) plants must be grown in an previous 6 months in a greenhouse that approved greenhouse for at least 6 meets the requirements of § 319.37– months immediately prior to export. 8(e)(2)(ii); and (D) Additional treatments. While in the (xi) Plants of the species Buxus greenhouse, plants must be treated sinica, Ehretia microphylla, Podocarpus with appropriate pesticides at least macrophyllus, Sageretia thea, and Serissa once every 10 days or as needed for foetida from the People’s Republic of three months before shipping to main- China must also meet the following tain a pest-free condition. conditions: (f) A restricted article of Hyacinthus (A) Propagative cuttings. The propa- spp. (hyacinth) may be imported estab- gative materials used to produce the lished in unused peat, sphagnum moss, artificially dwarfed (penjing) plants or vermiculite growing media, or in may enter an approved greenhouse synthetic growing media or synthetic only as seeds, tissue cultures, unrooted horticultural foams, i.e., plastic par- cuttings, or rooted cuttings with no ticles, glass wool, organic and inor- growing media. Rooted cuttings may ganic fibers, polyurethane, poly- not be established or grown in soil at styrene, polyethylene, phenol form- any time. Rooted cuttings may be es- aldehyde, or ureaformaldehyde: tablished in a greenhouse or outside (1) If there is a written agreement be- the greenhouse on raised benches (46 tween Plant Protection and Quarantine cm in height) in pots containing only and the plant protection service of the APHIS approved growing media. country where the article is grown in (B) Inspection and treatment. When which the plant protection service of any cuttings are introduced into the greenhouse, they must be free of grow- the country where the article is grown ing media, inspected, and found free of agrees to implement a program in com- plant pests and then treated with a pliance with the provisions of this sec- pesticide dip approved by the Animal tion; and Plant Quarantine Service of the (2) If there is a written agreement be- People’s Republic of China that will tween the grower of the article and the control mites, scale insects, whiteflies, plant protection service of the country thrips, and fungi. The artificially in which the article is grown wherein dwarfed (penjing) plants must be propa- the grower agrees to comply with the gated from mother plants that have provisions of this section, wherein the been visually inspected by an APHIS grower agrees to allow an inspector ac- inspector or an inspector of the Animal cess to the growing facility as nec- and Plant Quarantine Service of the essary to monitor compliance with the People’s Republic of China and found provisions of this section, and wherein free of the following pests: the grower agrees to allow representa- (1) For Buxus sinica: Guignardia tives of the plant protection service of miribelii, Macrophoma ehretia, Meliola the country in which the article is buxicola, and Puccinia buxi. grown access to the growing facility as

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necessary to make determinations con- is endorsed by a Plant Protection and cerning compliance with the provisions Quarantine inspector in the country of of this section; origin or at the time of offer for impor- (3) If: (i) Inspected immediately prior tation, representing a finding based on to the growing period by the plant pro- monitoring inspections that the condi- tection service of the country in which tions listed above are being met. the article is to be grown and found to (g) Pest risk evaluation standards for be free of injurious plant diseases, inju- plants established in growing media. The rious insect pests, and other plant Animal and Plant Health Inspection pests; Service will conduct a pest risk assess- (ii) Grown throughout its growing pe- ment based on pest risk analysis guide- riod only in a coldroom (with tempera- lines established by the International tures not exceeding 9 °C. (48 °F.)) with- Plant Protection Convention of the in an enclosed building; United Nations’ Food and Agriculture (iii) Grown only in a coldroom unit Organization in response to each re- solely used for articles grown under all quest to allow the importation of addi- the criteria specified in this paragraph tional taxa of plants in growing media. (f); These guidelines are available upon re- (iv) Grown only in unused peat, quest by writing to USDA, APHIS, sphagnum moss, or vermiculite grow- PPQ, Center for Plant Health Science ing media; or grown only in synthetic and Technology, Plant Epidemiology growing media or synthetic horti- and Risk Assessment Laboratory, 1017 cultural foams, i.e., plastic particles, Main Campus Drive, Suite 2500, Ra- glass wool, organic and inorganic fi- leigh, NC 27606. bers, polyurethane, polystyrene, poly- (Approved by the Office of Management and ethylene, phenol formaldehyde, Budget under control number 0579–0266) ureaformaldehyde; [45 FR 31585, May 13, 1980] (v) Watered only with clean rainwater that has been pasteurized, with EDITORIAL NOTE: For FEDERAL REGISTER ci- clean well water, or with potable tations affecting § 319.37–8, see the List of CFR Sections Affected, which appears in the water; Finding Aids section of the printed volume (vi) Grown in a coldroom free of sand, and on GPO Access. soil, or earth; (vii) Grown only in a coldroom where § 319.37–9 Approved packing material. strict sanitary procedures are always Any restricted article at the time of practiced, i.e., cleaning and disinfec- importation or offer for importation tion of floors and tools and the applica- into the United States shall not be tion of measures to protect against any packed in a packing material unless injurious plant diseases, injurious in- the plants were packed in the packing sect pests, and other plant pests; and material immediately prior to ship- (viii) Stored only in areas found free ment; such packing material is free of sand, soil, earth, injurious plant dis- from sand, soil, or earth (except for eases, injurious insect pests, and other sand designated below); has not been plant 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. injurious plant diseases, injurious in- Buckwheat hulls. Coral sand from Bermuda, if the article sect pests, and other plant pests; packed in such sand is accompanied by a (5) If accompanied by a phytosanitary certificate of inspection phytosanitary certificate of inspection containing an accurate additional declara- containing an accurate additional dec- tion from the plant protection service of laration from the plant protection Bermuda that such sand was free from soil. service of the country in which grown Excelsior. that the article meets conditions of Exfoliated vermiculite. Ground cork. growing, storing, and shipping in com- Ground peat. pliance with 7 CFR 319.37–8(f); and Ground rubber. (6) If the accompanying Paper. phytosanitary certificate of inspection Perlite.

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Polymer stabilized cellulose. time of importation or offer for impor- Quarry gravel. tation into the United States shall be Rock wool. accompanied by an invoice or packing Sawdust. list indicating the contents of the ship- Shavings—wood or cork. Sphagnum moss. ment. Stockosorb superabsorbent polymer (Approved by the Office of Management and Vegetable fiber when free of pulp, including Budget under control number 0579–0049) coconut fiber and Osmunda fiber, but excluding sugarcane fiber and cotton fiber. [45 FR 31585, May 13, 1980, as amended at 48 Volcanic rock. FR 57466, Dec. 30, 1983; 72 FR 43522, Aug. 6, 2007] [45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, § 319.37–11 Arrival notification. 1995; 68 FR 50047, Aug. 20, 2003] Promptly upon arrival of any re- § 319.37–10 Marking and identity. stricted article at a port of entry, the importer shall notify the Plant Protec- (a) Any restricted article for impor- tion and Quarantine Programs of the tation other than by mail, at the time arrival by such means as a manifest, of importation or offer for importation Customs entry document, commercial into the United States shall plainly invoice, waybill, a broker’s document, and correctly bear on the outer con- or a notice form provided for that pur- tainer (if in a container) or the re- pose. stricted article (if not in a container) the following information: (Approved by the Office of Management and (1) General nature and quantity of Budget under control number 0579–0049) the contents, [45 FR 31585, May 13, 1980, as amended at 48 (2) Country and locality where FR 57466, Dec. 30, 1983] grown, (3) Name and address of shipper, § 319.37–12 Prohibited articles accom- owner, or person shipping or for- panying restricted articles. warding the article, A restricted article for importation (4) Name and address of consignee, into the United States shall not be (5) Identifying shipper’s mark and packed in the same container as an ar- number, and ticle prohibited importation into the (6) Number of written permit author- United States by this part. izing the importation if one was issued. [45 FR 31585, May 13, 1980, as amended at 72 (b) Any restricted article for impor- FR 43522, Aug. 6, 2007] tation by mail shall be plainly and correctly addressed and mailed to the § 319.37–13 Treatment and costs and Plant Protection and Quarantine Pro- charges for inspection and treat- grams at a port of entry identified in ment; treatments applied outside § 319.37–14, shall be accompanied by a the United States. separate sheet of paper within the (a) The services of a Plant Protection package plainly and correctly bearing and Quarantine inspector during regu- the name, address, and telephone num- larly assigned hours of duty and at the ber of the intended recipient, and shall usual places of duty shall be furnished plainly and correctly bear on the outer without cost to the importer. 11 No container the following information: charge will be made to the importer for (1) General nature and quantity of Government owned or controlled spe- the contents, cial inspection facilities and equipment (2) Country and locality where used in treatment, but the inspector grown, may require the importer to furnish (3) Name and address of shipper, any special labor, chemicals, packing owner, or person shipping or for- materials, or other supplies required in warding the article, and handling an importation under the reg- (4) Number of written permit author- ulations in this subpart. The Plant izing the importation, if one was issued. 11 Provisions relating to costs for other (c) Any restricted article for impor- services of an inspector are contained in part tation (by mail or otherwise), at the 354.

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Protection and Quarantine Programs phytosanitary certificate must be will not be responsible for any costs or issued with the following declaration: charges, other than those indicated in ‘‘The consignment of (fill in botanical this section. name) has been treated in accordance (b) Any treatment performed in the with the Plant Protection and Quar- United States on a restricted article antine Treatment Manual.’’ During the shall be performed by an inspector or entire interval between treatment and under an inspector’s supervision at a export, the consignment must be government-operated special inspec- stored and handled in a manner that tion facility, except that an importer prevents any infestation by pests and may have such treatment performed at Federal noxious weeds. a nongovernmental facility if the [45 FR 31585, May 13, 1980, as amended at 57 treatment is performed at nongovern- FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. ment expense under the supervision of 13, 1995; 61 FR 51210, Oct. 1, 1996; 68 FR 50047, an inspector and in accordance with Aug. 20, 2003; 70 FR 33324, June 7, 2005] any applicable treatment requirements of this subpart and in accordance with § 319.37–14 Ports of entry. any treatment required by an inspector Any restricted article required to be as an emergency measure in order to imported under a written permit pursu- prevent the dissemination of any inju- ant to § 319.37–3(a)(1) through (6) of this rious plant disease, injurious insect subpart, if not precleared, may be im- pest, or other plant pest, new to or not ported or offered for importation only theretofore known to be widely preva- at a USDA plant inspection station lent or distributed within and through- listed below. Ports of entry through out the United States. However, treat- which restricted articles must pass be- ment may be performed at a non- fore arriving at these USDA plant in- governmental facility only in cases of spection stations are listed in the sec- unavailability of government facilities ond column. Any other restricted arti- and only if, in the judgment of an in- cle that is not required to be imported spector, such article can be transported under a written permit pursuant to to such nongovernmental facility with- § 319.37–3(a)(1) through (6) of this sub- out the risk of introduction into the part may be imported or offered for im- United States of injurious plant dis- portation at any Customs designated eases, injurious insect pests, or other port of entry indicated in 19 CFR plant pests. 101.3(b)(1). Exceptions may be listed in (c) Any treatment performed outside § 330.104 of this chapter. Articles that the United States must be monitored are required to be imported under a and certified by an APHIS inspector or written permit that are also precleared an official from the plant protection in the country of export are not re- service of the exporting country. If quired to enter at an inspection station monitored and certified by an official and may enter through any Customs of the plant protection service of the port of entry. Exceptions may be listed exporting country, then a 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, 3500 NW., 62nd Avenue, Miami, FL 33122. may be moved from Fort Lauder- Mailing address: P.O. Box 660520, Miami, FL 33266. dale to Miami under U.S. Cus- toms bond). Orlando ...... Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827. Georgia ...... Atlanta ...... Hartsfield Perishable Complex, 1270 Woolman Place, Atlanta, GA 30354.

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LIST OF USDA PLANT INSPECTION STATIONS—Continued

State Port of entry Federal plant inspection station

Guam ...... Agana ...... 905 East Sunset Blvd., Tiyan, Barringada, GU 96913. Mailing address: P.O. Box 8769, Tamuning, GU 96931. Hawaii ...... Honolulu (Airport) ...... Honolulu Inspection Station, Honolulu International Airport, 300 Rod- gers Blvd., #57, Honolulu, HI 96819–1897. Louisiana ...... New Orleans ...... Plant Inspection Station, 900 East Airline Service Road A, Kenner, LA 70063. Maryland ...... Baltimore ...... (Only niger seed may be imported into the Port of Baltimore, after which it may be moved for treatment at a local treatment facility). New Jersey...... Elizabeth, New York (Maritime), Frances Krim Memorial Inspection Station, 2500 Brunswick Avenue, Newark. Building G, Linden, NJ 07036. 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] Compliance agreement. A written agreement between APHIS and a per- Subpart—Logs, Lumber, and Other son engaged in processing, handling, or Unmanufactured Wood Articles moving regulated articles, in which the person agrees to comply with require- SOURCE: 60 FR 27674, May 25, 1995, unless ments contained in the agreement. otherwise noted. Departmental permit. A document issued by the Administrator author- § 319.40–1 Definitions. izing the importation of a regulated ar- Administrator. The Administrator of ticle for experimental, scientific, or the Animal and Plant Health Inspec- educational purposes. tion Service, United States Depart- Fines. Small particles or fragments of ment of Agriculture, or any employee wood, slightly larger than sawdust, of the United States Department of Ag- that result from chipping, sawing, or riculture delegated to act in his or her processing wood. stead. Free from rot. No more than two per- APHIS. The Animal and Plant Health cent by weight of the regulated articles Inspection Service, United States De- in a lot show visual evidence of fruc- partment of Agriculture. tification of fungi or growth of other Bark chips. Bark fragments broken or microorganisms that cause decay and shredded from log or branch surfaces. the breakdown of cell walls in the regu- Certificate. A certificate of inspection lated articles. relating to a regulated article, which is General permit. A written authoriza- issued by an official authorized by the tion contained in § 319.40–3 for any per- national government of the country in son to import the articles named by which the regulated article was pro- the general permit, in accordance with duced or grown, which is addressed to the requirements specified by the gen- the plant protection service of the United States (Plant Protection and eral permit, without being issued a spe- Quarantine Programs), which contains cific permit. a description of the regulated article, Humus, compost, and litter. Partially which certifies that the regulated arti- or wholly decayed plant matter. cle has been inspected, is believed to be Import (imported, importation). To free of plant pests, and is believed to be bring or move into the territorial lim- eligible for importation pursuant to its of the United States. the laws and regulations of the United Importer document. A written declara- States, and which may contain any tion signed by the importer of regu- specific additional declarations related articles, which must accompany quired under this subpart. the regulated articles at the time of

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importation, in which the importer ac- sawdust; painted raw wood products; curately declares information about excelsior (wood wool); wood chips; the regulated articles required to be wood mulch; wood shavings; pickets; disclosed by § 319.40–2(b). stakes; shingles; solid wood packing Inspector. Any individual authorized materials; humus; compost; and litter. by the Administrator to enforce this Regulated wood packaging material. subpart. Wood packaging material other than Log. The bole of a tree; trimmed tim- manufactured wood materials, loose ber that has not been sawn further wood packing materials, and wood than to form cants. pieces less than 6 mm thick in any di- Loose wood packing material. Excelsior mension, that are used or for use with (wood wool), sawdust, and wood cargo to prevent damage, including, shavings, produced as a result of saw- but not limited to, dunnage, crating, ing or shaving wood into small, slen- pallets, packing blocks, drums, cases, der, and curved pieces. and skids. Lot. All the regulated articles on a Sealed container; sealable container. A single means of conveyance that are completely enclosed container designed derived from the same species of tree for the storage or transportation of and were subjected to the same treat- cargo, and constructed of metal or fi- ments prior to importation, and that berglass, or other rigid material, pro- are consigned to the same person. viding an enclosure which prevents the Lumber. Logs that have been sawn entrance or exit of plant pests and is into boards, planks, or structural mem- accessed through doors that can be bers such as beams. closed and secured with a lock or seal. Permit. A specific permit to import a Sealed (sealable) containers are dis- regulated article issued in accordance tinct and separable from the means of with § 319.40–4, or a general permit pro- conveyance carrying them. mulgated in § 319.40–3. Specific permit. A written document Plant pest. Any living stage of any in- issued by APHIS to the applicant in ac- sects, mites, nematodes, slugs, snails, protozoa, or other invertebrate ani- cordance with § 319.40–4 that authorizes mals, bacteria, fungi, other parasitic importation of articles in accordance plants or reproductive parts of para- with this subpart and specifies or refers sitic plants, noxious weeds, viruses, or to the regulations applicable to the any organism similar to or allied with particular importation. any of the foregoing, or any infectious Statement of origin and movement. A substances, which can injure or cause signed, accurate statement certifying disease or damage in any plants, parts the area or areas where the regulated of plants, or any products of plants. articles originated and, if applicable, Port of first arrival. The area (such as the area or areas they were moved a seaport, airport, or land border sta- through prior to importation. The tion) where a person or a means of con- statement may be printed directly on veyance first arrives in the United the documentation accompanying the States, and where inspection of regu- shipment of regulated articles, or it lated articles is carried out by inspec- may be provided on a separate docu- tors. ment. The statement does not require Primary processing. Any of the fol- the signature of a public officer of a na- lowing processes: cleaning (removal of tional plant protection organization; soil, limbs, and foliage), debarking, exporters may sign the document. rough sawing (bucking or squaring), Tropical hardwoods. Hardwood timber rough shaping, spraying with fungicide species which grow only in tropical cli- or insecticide sprays, and fumigation. mates. Regulated article. The following arti- United States. All of the States of the cles, if they are unprocessed or have re- United States, the District of Colum- ceived only primary processing: logs; bia, Guam, the Northern Mariana Is- lumber; any whole tree; any cut tree or lands, Puerto Rico, the Virgin Islands any portion of a tree, not solely con- of the United States, and all other ter- sisting of leaves, flowers, fruits, buds, ritories and possessions of the United or seeds; bark; cork; laths; hog fuel; States.

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Wood chips. Wood fragments broken (c) Regulation of articles imported for or shredded from any wood. propagation or human consumption. The Wood mulch. Bark chips, wood chips, requirements of this subpart do not wood shavings, or sawdust intended for apply to regulated articles that are al- use as a protective or decorative lowed importation in accordance with ground cover. § 319.19, ‘‘Subpart—Citrus Canker and Wood packaging material. Wood or Other Citrus Diseases’’, or §§ 319.37 wood products (excluding paper prod- through 319.37–14, ‘‘Subpart—Nursery ucts) used in supporting, protecting or Stock, Plants, Roots, Bulbs, Seeds, and carrying a commodity (includes Other Plant Products’’; or to regulated dunnage). articles imported for human consumption that are allowed importation in [60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, accordance with ‘‘Subpart—Fruits and 1998; 65 FR 21127, Apr. 20, 2000; 69 FR 55732, Vegetables.’’ Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR (d) Regulated articles imported for ex- 33324, June 7, 2005; 72 FR 30467, June 1, 2007] perimental, scientific or educational purposes. Any regulated article may be im- § 319.40–2 General prohibitions and reported without further restriction strictions; relation to other regula- under this subpart if: tions. (1) Imported by the United States De- (a) Permit required. Except for regu- partment of Agriculture for experi- lated articles exempted from this re- mental, scientific, or educational pur- quirement by paragraph (c) of this sec- poses; tion or § 319.40–3, no regulated article (2) Imported pursuant to a Depart- may be imported unless a specific per- mental permit issued by APHIS for the mit has been issued for importation of regulated article prior to its importa- the regulated article in accordance tion and kept on file at the port of first with § 319.40–4, and unless the regulated arrival; and article meets all other applicable re- (3) Imported under conditions speci- quirements of this subpart and any re- fied on the Departmental permit and quirements specified by APHIS in the found by the Administrator to be ade- specific permit. quate to prevent the introduction into (b) Importer document; documentation the United States of plant pests. of type, quantity, and origin of regulated (e) Designation of additional regulated articles. Except for regulated articles articles. An inspector may designate exempted from this requirement by any article as a regulated article by paragraph (c) of this section or § 319.40– giving written notice of the designa- 3, no regulated article may be imported tion to the owner or person in posses- unless it is accompanied by an im- sion or control of the article. APHIS porter document stating the following will implement rulemaking to add arti- information. A certificate that con- cles designated as regulated articles to tains this information may be used in the definition of regulated article in lieu of an importer document at the op- § 319.40–1 if importation of the article tion of the importer: appears to present a recurring signifi- (1) The genus and species of the tree cant risk of introducing plant pests. In- from which the regulated article was spectors may designate an article as a derived; regulated article after determining (2) The country, and locality if that: known, where the tree from which the (1) The article was imported in the regulated article was derived was har- same container or hold as a regulated vested; article; (3) The quantity of the regulated ar- (2) Other articles of the same type ticle to be imported; imported from the same country have (4) The use for which the regulated been found to carry plant pests; or article is imported; and (3) The article appears to be contami- (5) Any treatments or handling of the nated with regulated articles or soil. regulated article required by this sub- (f) In addition to meeting the re- part that were performed prior to ar- quirements of this subpart, bark and rival at the port of first arrival. bark products and logs and pulpwood

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with bark attached, as well as cut trees factured wood for personal cooking or (e.g., Christmas trees), imported from personal medicinal purposes. Canada are subject to the inspection (2) Commercial shipments allowed in and certification requirements for paragraph (a)(1) of this section are sub- gypsy moth in § 319.77–4 of this part. ject to the inspection and other requirements in § 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 stating that they are derived from [60 FR 27674, May 25, 1995, as amended at 63 trees harvested in Canada or States in FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, Mexico adjacent to the United States 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR 40878, July 19, 2006; 72 FR border. 39501, July 18, 2007] (3) Noncommercial shipments allowed in paragraph (a)(1) of this section § 319.40–3 General permits; articles are subject to inspection and other re- that may be imported without a quirements of § 319.40–9 and must be ac- specific permit; articles that may be companied by an importer document or imported without either a specific oral declaration stating that they are permit or an importer document. derived from trees harvested in Canada (a) Canada and Mexico. (1) The fol- or States in Mexico adjacent to the lowing articles may be imported into United States border. the United States under general per- (b) Regulated wood packaging material. mit: Regulated wood packaging material, (i) From Canada: Regulated articles, whether in actual use as packing for other than the following: regulated or nonregulated articles or (A) Regulated articles of the sub- imported as cargo, may be imported families Aurantioideae, Rutoideae, and into the United States under a general Toddalioideae of the botanical family permit in accordance with the fol- Rutaceae, and; lowing conditions: (B) Regulated articles of pine (Pinus (1) Treatment. The wood packaging spp.) that are not completely free of material must have been: bark from Provinces in Canada that (i) Heat treated to achieve a min- are considered to be infested or par- imum wood core temperature of 56 °C tially infested with pine shoot beetle for a minimum of 30 minutes. Such (Tomicus pinniperda), as determined by treatment may employ kiln-drying, the Canadian Food Inspection Agency, chemical pressure impregnation, or and that are moving to a United States other treatments that achieve this facility operating under a compliance specification through the use of steam, agreement for specified handling or hot water, or dry heat; or, processing under the provisions of (ii) Fumigated with methyl bromide § 319.40–8. in an enclosed area for at least 24 hours (C) Regulated articles of Fraxinus at the following dosage, stated in spp. (ash), which are subject to the re- terms of grams of methyl bromide per quirements in § 319.40–5(n). cubic meter of the enclosure being fu- (ii) From States in Mexico adjacent migated. Following fumigation, fumi- to the United States: Commercial and gated products must be aerated to re- noncommercial shipments of mesquite duce the concentration of fumigant wood for cooking; commercial and non- below hazardous levels, in accordance commercial shipments of unmanufac- with the label instructions approved by tured wood for firewood; and small, the U.S. Environmental Protection noncommercial packages of unmanu- Agency:

Dos- Minimum required concentration g/m3 after: Temperature ( °C/ °F) age (g/m3) 0.5 hr 2 hrs 4 hrs 12 hrs 24 hrs

21/70 or above ...... 48 36 36 31 28 24 16/61 or above ...... 56 42 42 36 32 28 10/50 or above ...... 64 48 48 42 36 32

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The minimum temperature should subjected to an approved measure, and not be less than 10 °C/50 °F and the must include a unique graphic symbol, minimum exposure time should be 24 the ISO two-letter country code for the hours. country that produced the wood pack- (2) Marking. The wood packaging ma- aging material, a unique number as- terial must be marked in a visible loca- signed by the national plant protection tion on each article, preferably on at agency of that country to the producer least two opposite sides of the article, of the wood packaging material, and an with a legible and permanent mark abbreviation disclosing the type of that indicates that the article meets treatment (e.g., HT for heat treatment the requirements of this paragraph. or MB for methyl bromide fumigation). The mark must be approved by the The currently approved format for the International Plant Protection Con- mark is as follows, where XX would be vention in its International Standards replaced by the country code, 000 by for Phytosanitary Measures to certify the producer number, and YY by the that wood packaging material has been treatment type (HT or MB):

(3) Immediate reexport of regulated (c) Loose wood packing materials. wood packaging material without required APHIS hereby issues a general permit mark. An inspector at the port of first to import regulated articles authorized arrival may order the immediate reex- by this paragraph. Loose wood packing port of regulated wood packaging ma- materials (whether in use as packing or terial that is imported without the imported as cargo) that are dry may be mark required by paragraph (b)(2) of imported subject to the inspection and this section, in addition to or in lieu of other requirements in § 319.40–9 and any port of first arrival procedures re- without further restriction under this quired by § 319.40–9 of this part. subpart. (4) Exception for Department of De- (d) Bamboo timber. APHIS hereby fense. Regulated wood packaging mate- issues a general permit to import regu- rial used by the Department of Defense lated articles authorized by this para- (DOD) of the U.S. Government to pack- graph. Bamboo timber which is free of age nonregulated articles, including leaves and seeds and has been sawn or commercial shipments pursuant to a DOD contract, may be imported into split lengthwise and dried may be im- the United States without the mark reported subject to the inspection and quired by paragraph (b)(2) of this sec- other requirements in § 319.40–9 and tion. without further restriction under this subpart. (Approved by the Office of Management and (e) Regulated articles the permit process Budget under control numbers 0579–0049 and has determined to present no plant pest 0579–0225.)

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risk. Regulated articles for which a spe- article intended to be performed fol- cific permit has been issued in accord- lowing importation, including the loca- ance with § 319.40–4(b)(2)(i) may be im- tion where any processing or treatment ported without other restriction under will be performed and the names and this subpart, except that they are sub- dosage of any chemicals employed in ject to the inspection and other re- treatments; quirements in § 319.40–9. (6) Whether the regulated article will or will not be imported in a sealed con- (Approved by the Office of Management and Budget under control numbers 0579–0049 and tainer or in a hold; 0579–0257) (7) The means of conveyance to be used to import the regulated article; [60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, (8) The intended port of first arrival 1998; 69 FR 52418, Aug. 26, 2004; 69 FR 55732, in the United States of the regulated Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR article, and any subsequent ports in 57386, Sept. 29, 2006; 72 FR 30462, 30467, June the United States at which regulated 1, 2007] articles may be unloaded; (9) The destination and general in- § 319.40–4 Application for a permit to tended use of the regulated article; import regulated articles; issuance (10) The name and address of the ap- and withdrawal of permits. plicant and, if the applicant’s address (a) Application procedure. A written is not within the United States, the application for a permit 1 must be sub- name and address of an agent in the mitted to the Animal and Plant Health United States whom the applicant Inspection Service, Plant Protection names for acceptance of service of and Quarantine, Port Operations Per- process; and mit Unit, 4700 River Road Unit 136, Riv- (11) A statement certifying the appli- erdale, MD 20737–1236. The completed cant as the importer of record. application must include the following (b) Review of application and issuance information: of permit. After receipt and review of (1) The specific type of regulated ar- the application, APHIS shall determine ticle to be imported, including the whether it appears that the regulated genus and species name of the tree article at the time of importation will from which the regulated article was meet either the specific importation derived; requirements in § 319.40–5 or the uni- (2) Country, and locality if known, versal importation requirements in where the tree from which the regu- § 319.40–6. lated article was derived was har- (1) If it appears that the regulated ar- vested; ticle proposed for importation will (3) The quantity of the regulated ar- meet the requirements of either ticle to be imported; § 319.40–5 or § 319.40–6, a permit stating (4) A description of any processing, the applicable conditions for importa- treatment or handling of the regulated tion under this subpart shall be issued article to be performed prior to impor- for the importation of the regulated ar- tation, including the location where ticle identified in the application. any processing or treatment was or (2) If it appears that the regulated ar- will be performed and the names and ticle proposed for importation will not dosage of any chemicals employed in meet the requirements of either treatments; § 319.40–5 or § 319.40–6 because these sec- (5) A description of any processing, tions do not address the particular reg- treatment, or handling of the regulated ulated article identified in the application, APHIS shall review the applica- 1 Application forms for permits are avail- tion by applying the plant pest risk as- able without charge from the Administrator, sessment standards specified in § 319.40– c/o the Permit Unit, Plant Protection and 11. Quarantine, Animal and Plant Health In- (i) If this review reveals that impor- spection Service, U.S. Department of Agri- culture, 4700 River Road, Riverdale, MD tation of the regulated article under a 20737, or local offices of Plant Protection and permit and subject to the inspection Quarantine, which are listed in telephone di- and other requirements in § 319.40–9, rectories. but without any further conditions,

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will not result in the introduction of all of the facts and reasons upon which plant pests into the United States, a the person relies to show that the per- permit for importation of the regulated mit was wrongfully denied or with- article shall be issued. The permit may drawn. The Administrator shall grant only be issued in unique and unforeseen or deny the appeal, in writing, stating circumstances when the importation of the reasons for granting or denying the the regulated article is not expected to appeal as promptly as circumstances recur. permit. If there is a conflict as to any (ii) If this review reveals that the material fact and the person from regulated article may be imported whom the permit is withdrawn re- under conditions that would reduce the quests a hearing, a hearing shall be plant pest risk to an insignificant held to resolve the conflict. Rules of level, APHIS may implement rule- practice concerning the hearing shall making to add the additional condi- be adopted by the Administrator. tions to this subpart, and after the regulations are effective, may issue a per- (Approved by the Office of Management and mit for importation of the regulated Budget under control number 0579–0049) article. [60 FR 27674, May 25, 1995, as amended at 66 (3) No permit will be issued to an ap- FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, plicant who has had a permit with- 2004] drawn under paragraph (d) of this section during the 12 months prior to re- § 319.40–5 Importation and entry receipt of the permit application by quirements for specified articles. APHIS, unless the withdrawn permit (a) Bamboo timber. Bamboo timber has been reinstated upon appeal. consisting of whole culms or canes may (c) Permit does not guarantee eligibility be imported into Guam or the Northern for import. Even if a permit has been Mariana Islands subject to inspection issued for the importation of a regu- and other requirements of § 319.40–9. lated article, the regulated article may Bamboo timber consisting of whole be imported only if all applicable re- culms or canes that are completely dry quirements of this subpart are met and as evidenced by lack of moisture in only if an inspector at the port of first node tissue may be imported into any arrival determines that no remedial part of the United States subject to in- measures are necessary pursuant to the spection and other requirements of Plant Protection Act with respect to § 319.40–9. the regulated article. 2 (b) Monterey pine logs and lumber from (d) Denial and withdrawal of permits. Chile and New Zealand; Douglas-fir logs Any permit which has been issued may and lumber from New Zealand—(1) Logs— be withdrawn by an inspector or the (i) Requirements prior to importation. Administrator if he or she determines Monterey or Radiata pine (Pinus that the person to whom the permit radiata) logs from Chile or New Zealand was issued has violated any require- and Douglas-fir (Pseudotsuga menziesii) ment of this subpart. If the withdrawal logs from New Zealand that are accom- is oral, the decision to withdraw the panied by a certificate stating that the permit and the reasons for the with- logs meet the requirements of para- drawal of the permit shall be confirmed graph (b)(1)(i) (A) through (D) of this in writing as promptly as cir- section, and that are consigned to a fa- cumstances permit. Any person whose cility in the United States that oper- permit has been denied or withdrawn ates in accordance with § 319.40–8, may may appeal the decision in writing to be imported in accordance with para- the Administrator within 10 days after graphs (b)(1)(i)(A) through (b)(1)(iii) of receiving the written notification of this section. the withdrawal. The appeal shall state (A) The logs must be from live healthy trees which are apparently free 2 An inspector may hold, seize, quarantine, of plant pests, plant pest damage, and treat, apply other remedial measures to, destroy, or otherwise dispose of plants, plant decay organisms. pests, or other articles in accordance with (B) The logs must be debarked in ac- sections 414, 421, and 434 of the Plant Protec- cordance with § 319.40–7(b) prior to fu- tion Act (7 U.S.C. 7714, 7731, and 7754). migation.

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(C) The logs and any regulated wood processed in accordance with para- packaging material to be used with the graph (b)(1)(iii) of this section within 60 logs during shipment to the United days from the time the logs are re- States must be fumigated in accord- leased from the port of first arrival. ance with § 319.40–7(f)(1), within 45 days (C) Sawdust, wood chips, and waste following the date the trees are felled generated by sawing or processing the and prior to arrival of the logs in the logs must be disposed of by burning, United States, in the holds or in seal- heat treatment in accordance with able containers. Fumigation must be § 319.40–7(c), heat treatment with mois- conducted in the same sealable con- ture reduction in accordance with tainer or hold in which the logs and § 319.40–7(d), or other processing that regulated wood packaging material are will destroy any plant pests associated exported to the United States. with the sawdust, wood chips, and (D) During shipment to the United waste. Composting and use of the saw- States, no other regulated article is dust, wood chips, and waste as mulch permitted on the means of conveyance are prohibited unless composting and with the logs, unless the logs and the use as mulch are preceded by fumiga- other regulated articles are in separate tion in accordance with § 319.40–7(f)(3), holds or separate sealed containers, or, heat treatment in accordance with if the logs and other regulated articles § 319.40–7(c), or heat treatment with are mixed in a hold or sealed container, moisture reduction in accordance with the other regulated articles either have § 319.40–7(d). Wood chips, sawdust, and been heat treated with moisture reduc- waste may be moved in enclosed trucks tion in accordance with § 319.40–7(d), or for processing at another facility oper- have been fumigated in the hold or ating under a compliance agreement in sealable container in accordance with accordance with § 319.40–8. paragraph (b)(1)(i)(C) of this section. (2) Raw lumber. Raw lumber, includ- (ii) Requirements upon arrival in the ing regulated wood packaging material United States. The following require- imported as cargo, from Chile or New ments apply upon arrival of the logs in Zealand derived from Monterey or the United States. Radiata pine (Pinus radiata) logs and (A) The logs must be kept segregated raw lumber from New Zealand derived from other regulated articles from the from Douglas-fir (Pseudotsuga menziesii) time of discharge from the means of logs may be imported in accordance conveyance until the logs are com- with paragraphs (b)(2) (i) and (ii) of this pletely processed at a facility in the section. United States that operates under a (i) During shipment to the United compliance agreement in accordance States, no other regulated article with § 319.40–8. (other than regulated wood packaging (B) The logs must be moved from the material) is permitted on the means of port of first arrival to the facility that conveyance with the raw lumber, un- operates under a compliance agree- less the raw lumber and the other regu- ment in accordance with § 319.40–8 by as lated articles are in separate holds or direct a route as reasonably possible. separate sealed containers; Except for (iii) Requirements at the processing fa- mixed shipments of logs and raw lum- cility. The logs must be consigned to a ber fumigated in accordance with facility operating under a compliance § 319.40–7(f)(2) and moved in accordance agreement in accordance with § 319.40–8 with paragraph (b)(1)(i)(D) of this sec- that includes the following require- tion. Raw lumber on the vessel’s deck ments: must be in a sealed container. (A) Logs or any products generated (ii) The raw lumber must be con- from logs, including lumber, must be signed to a facility operating under a heat treated in accordance with compliance agreement in accordance § 319.40–7(c), or heat treated with mois- with § 319.40–8 that requires the raw ture reduction in accordance with lumber to be heat treated in accord- § 319.40–7(d). ance with § 319.40–7(c) or heat treated (B) The logs, including sawdust, wood with moisture reduction in accordance chips, or other products generated from with § 319.40–7(d) before any cutting, the logs in the United States, must be planing, or sawing of the raw lumber,

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and within 30 days from the time the may also be imported if heat treated in lumber is released from the port of accordance with § 319.40–7(c). first arrival. (g) through (k) [Reserved] (c) Tropical hardwoods—(1) Debarked. (l) Cross-ties (railroad ties) and pine Tropical hardwood logs and lumber and fir lumber from Mexican States adja- that have been debarked in accordance cent to the United States/Mexico border.3 with § 319.40–7(b) may be imported sub- Cross-ties (railroad ties) 8 inches or ject to the inspection and other re- less at maximum thickness and lumber quirements of § 319.40–9. derived from pine and fir may be im- (2) Not debarked. Tropical hardwood ported from Mexican States adjacent logs that have not been debarked may to the United States/Mexico border be imported if fumigated in accordance into the United States if they: with § 319.40–7(f)(1) prior to arrival in (1) Originate from Mexican States ad- the United States. jacent to the United States/Mexico bor- (3) Not debarked; small lots. Tropical der; hardwood logs that have not been de- (2) Are 100 percent free of bark; and barked may be imported into the (3) Are fumigated prior to arrival in United States, other than into Hawaii, the United States. The regulated arti- Puerto Rico, or the Virgin Islands of cle and the ambient air must be at a the United States, if imported in a lot temperature of 5 °C or above through- of 15 or fewer logs and subject to the out fumigation. The fumigation must inspection and other requirements of be conducted using schedule T312 con- § 319.40–9. tained in the Treatment Manual. In (d) Temperate hardwoods. Temperate lieu of the schedule T312 methyl bro- hardwood logs and lumber (with or mide concentration, fumigation may without bark) from all places except be conducted with an initial methyl places in Asia that are east of 60° East bromide concentration of at least 240 g/ 3 Longitude and north of the Tropic of m with exposure and concentration Cancer may be imported if fumigated levels adequate to provide a concentra- in accordance with § 319.40–7(f) prior to tion-time product of at least 17,280 arrival in the United States and sub- gram-hours calculated on the initial ject to the inspection and other re- methyl bromide concentration. quirements of § 319.40–9. (m) Regulated articles of pine (Pinus (e) Regulated articles associated with spp.) that are not completely free of bark from Canada—(1) Cut pine Christmas exclusively tropical climate pests. Regu- trees. Cut pine Christmas trees from lated articles that have been identified Canada may be imported into the by a plant pest risk assessment as asso- United States only if they meet the fol- ciated solely with plant pests that can lowing requirements, as well as all successfully become established only in other applicable requirements of this tropical or subtropical climates may be subpart: imported if: (i) From noninfested Canadian Prov- (1) The regulated article is imported inces to all areas of the United States. only to a destination in the conti- Cut pine Christmas trees that origi- nental United States; and, nated in and were moved only through (2) the regulated article is not im- Canadian Provinces that are not con- ported into any tropical or subtropical sidered to be infested or partially in- areas of the United States specified in fested with pine shoot beetle (Tomicus the permit. piniperda), as determined by the Cana- (f) Cross-ties (railroad ties) from all dian Food Inspection Agency (CFIA), places, except places in Asia that are may be imported into any area of the ° east of 60 East Longitude and north of United States only if: the Tropic of Cancer, may be imported (A) They are accompanied by a state- if completely free of bark and accom- ment of origin and movement that panied by an importer document stat- specifies the Canadian Province where ing that the cross-ties will be pressure treated with a preservative within 30 3 Cross-ties (railroad ties) may also be im- days following the date of importation ported in accordance with paragraph (f) of at a U.S. facility under compliance this section, or may be imported if heat agreement. Cross-ties (railroad ties) treated in accordance with § 319.40–7(c).

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the cut pine Christmas trees originated on the cut pine Christmas trees or on and, if applicable, the Province or the outer covering or container. Provinces they were moved through, if (iii) From infested or partially infested different from the Province of origin, Canadian Provinces to or through U.S. and also states that the cut pine noninfested areas. Cut pine Christmas Christmas trees originated in and were trees that originated in or were moved moved only through areas of Canada through a Canadian Province that is not considered to be infested with pine considered to be infested or partially shoot beetle, as determined by the infested with pine shoot beetle, as de- CFIA; termined by the CFIA, and are destined (B) The U.S. destination (including for or will be moved through an area in county and State) is plainly indicated the United States that is not quar- on the cut pine Christmas trees or on antined for pine shoot beetle, as pro- the outer covering or container; and vided in § 301.50–3 of this chapter, may (C) If the cut pine Christmas trees be imported into the United States are to be moved through an area of the only if: United States quarantined for pine (A) They are accompanied by a cer- shoot beetle, as provided in § 301.50–3 of tificate that specifies the Canadian this chapter, en route to an area or Province where the Christmas trees areas in the United States not quar- originated and, if applicable, the Prov- antined for pine shoot beetle during ince or Provinces they were moved the period of January through Sep- through, if different from the Province tember when the temperature is 10 °C of origin, and indicates in the treat- (50 °F) or higher, then the cut pine ment section of the certificate that the Christmas trees are shipped in an en- Christmas trees have been treated with closed vehicle or completely covered methyl bromide to kill the pine shoot (such as with plastic canvas, or other beetle; or, alternatively, in lieu of methyl bromide treatment, the certifi- closely woven cloth) so as to prevent cate contains one of the following addi- access by pine shoot beetle. tional declarations: (ii) From infested or partially infested (1) ‘‘These regulated articles were Canadian Provinces to U.S. infested grown on a plantation that has a pro- areas. Cut pine Christmas trees that gram to control or eradicate pine shoot originated in or were moved through a beetle (Tomicus piniperda) and have 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

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than 10 °C (50 °F), the Christmas trees tic canvas, or other closely woven are shipped in an enclosed vehicle or cloth) so as to prevent access by pine completely covered (such as with plas- shoot beetle. tic canvas, or other closely woven (ii) From Canadian infested Provinces cloth) so as to prevent access by pine or partially infested Provinces to U.S. in- shoot beetle. fested areas. Regulated articles that (2) Other pine articles. Regulated arti- originated in or were moved through a cles from Canada (other than cut pine Canadian infested or partially infested Christmas trees) that consist of pine Province, as determined by the CFIA, bark, including, but not limited to, and are destined for and will be moved chips, nuggets, mulch, and compost, as only through areas in the United well as pine products with pine bark States that are quarantined for pine attached, including, but not limited to, shoot beetle, as provided in § 301.50–3 of logs, lumber, pulpwood, stumps, and this chapter, may be imported into the raw pine materials for wreaths and gar- United States only if: lands, may be imported into the United (A) They are accompanied by a state- States only if they meet one of the fol- ment of origin and movement that lowing requirements, as well as all specifies the county or municipal re- other applicable requirements of this gional county and Province where the subpart: articles originated, and if applicable, (i) From Canadian noninfested Prov- the counties or municipal regional inces to all areas of the United States. counties and Provinces they were Regulated articles that originated in moved through, if different from the and were moved only through Canadian county or municipal regional county Provinces that are not considered to be and Province of origin, and also states infested or partially infested with pine that the regulated articles originated shoot beetle, as determined by the in and were moved through one or CFIA, may be imported into any area more Provinces of Canada considered of the United States only if: to be infested or partially infested with (A) They are accompanied by a state- pine shoot beetle, as determined by the ment of origin and movement that CFIA; and specifies the Province where the regu- (B) The U.S. destination (including lated articles originated and, if appli- county and State) is plainly indicated cable, the Province or Provinces they on the regulated articles or, if applica- 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

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moved through, if different from the a Canadian Province considered to be county or municipal regional county infested with pine shoot beetle or an and Province of origin. The certificate infested area within a partially in- also must contain the following addi- fested Canadian Province, as deter- tional declaration: ‘‘These regulated mined by the CFIA, and that are des- articles originated in and were moved tined for or will be moved through any only through areas where pine shoot area in the United States not quar- beetle (Tomicus piniperda) is not antined for pine shoot beetle, as pro- present, as determined by the CFIA.’’ vided in § 301.50–3 of this chapter, may In addition, the U.S. destination (in- only be imported into the United cluding county and State) must be States if one of the following sets of plainly indicated on the regulated arti- conditions provided is met: cles or, if applicable, on the outer cov- (1) The regulated articles are accom- ering, packaging, or container. If the panied by a certificate that specifies regulated articles are to be moved the county or municipal regional coun- through an area of the United States ty and Province where the regulated quarantined for pine shoot beetle, as articles originated and, if applicable, provided in § 301.50–3 of this chapter, en the counties or municipal regional route to an area or areas in the United counties and Provinces they were States not quarantined for pine shoot moved through, if different from the beetle during the period of January county or municipal regional county through September when the tempera- and Province of origin. The treatment ture is 10 °C (50 °F) or higher, the regu- section of the certificate must indicate lated articles must be shipped in an en- that the regulated articles have been closed vehicle or completely covered treated with methyl bromide to kill (such as with plastic canvas, or other the pine shoot beetle in accordance closely woven cloth) so as to prevent with 7 CFR 319.40–7(f). In addition, the access by pine shoot beetle; or U.S. destination (including county and (B) The regulated articles are con- State) of the regulated articles must be signed to a designated U.S. facility plainly indicated on the regulated arti- that operates under a compliance cles or, if applicable, on the outer cov- agreement with APHIS in accordance ering, packaging, or container. with § 319.40–8 for specified handling or (2) The regulated articles consist of processing of the articles. The name pine bark and are accompanied by a 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

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least twice a year to verify its compli- (6) The regulated articles, consisting ance with CFIA handling and proc- of pine bark, are shipped from a CFIA- essing procedures, and the CFIA must approved facility for use as a fuel at a provide APHIS with a current list of cogeneration facility in the United approved facilities at least annually. States approved by APHIS. The pine The name and address (including the bark must be transported by as direct county or municipal regional county a route as reasonably possible and not and Province) of the CFIA-approved fa- off-loaded en route to the U.S. cogen- cility that shipped the articles, as well eration facility. The Canadian facility as the U.S. destination (including from which the pine bark is shipped county and State) must be plainly indi- must be inspected by the CFIA at least cated on the regulated articles or, if twice a year to verify that the facility applicable, on the outer covering, is following handling and processing packaging, or container. procedures that adequately safeguard (4) The pine products are accom- the pine bark for shipment to the U.S. panied by a certificate that specifies cogeneration facility. CFIA must pro- the county or municipal regional coun- vide APHIS with a current list of ap- ty and Province where the regulated proved facilities at least annually. The name and address (including the coun- articles originated and, if applicable, ty or municipal regional county and the counties or municipal regional Province) of the CFIA-approved facil- counties and Provinces they were ity that shipped the pine bark, as well moved through, if different from the as the name and address of the U.S. co- county or municipal regional county generation facility receiving the ship- and Province of origin. The treatment ment (including county and State) section of the certificate must indicate must be plainly indicated on the outer that the regulated articles have been covering, packaging, or container of treated in accordance with § 319.40–6. In the pine bark. addition, the U.S. destination (includ- (B) If the regulated articles in para- ing county and State) of the regulated graphs (i)(2)(iv)(1) through (5) of this articles must be plainly indicated on section are to be moved through an the regulated articles or, if applicable, area of the United States quarantined on the outer covering, package, or con- for pine shoot beetle, as provided in tainer. § 301.50–3 of this chapter, en route to an (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

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States unless they are moving directly ter in any two dimensions that origi- through the EAB-regulated area with- nate in a county or municipal regional out stopping (except for refueling or for county regulated for the emerald ash traffic conditions, such as traffic lights borer within a Province or Territory or stop signs). If these articles are regulated for the emerald ash borer is being moved through the regulated prohibited. area between May 1 and August 31 or (5) Ash wood chips or bark 1 inch or when the ambient air temperature is 40 less in diameter that originate in an °F or higher, they must be in an en- area regulated for the emerald ash closed vehicle or completely covered to borer within a Province or Territory prevent access by the emerald ash regulated for the emerald ash borer borer. must be accompanied by a permit (l) Firewood of all hardwood (non-co- issued under § 319.40–2(a) and a niferous) species, and ash logs and phytosanitary certificate with an addi- wood, including cants and stumps, that tional declaration stating that the originate in a county or municipal re- wood or bark chips in the shipment gional county regulated for the emer- were ground to 1 inch (2.54 cm) or less ald ash borer within a Province or Ter- in diameter in any two dimensions. ritory regulated by the Canadian Gov- (6) Ash wood chips or bark chips that ernment for the emerald ash borer re- originate in a county or municipal require a permit issued under § 319.40–2(a) gional county not regulated for the em- and must be accompanied by a certifi- erald ash borer within a Province or cate bearing an additional declaration Territory regulated for the emerald ash that the articles in the shipment were: borer must be accompanied by a permit (i) Debarked, and vascular cambium issued under § 319.40–2(a), and a valid 1 removed to a depth of 1.27 cm ( ⁄2 inch) certificate with an additional declara- during the debarking process; or tion stating that the articles in the (ii) Heat treated in accordance with shipment were produced/harvested in a § 319.40–7(c). The phytosanitary certifi- county or municipal regional county cate accompanying such articles must where the emerald ash borer does not describe the treatment method em- occur, based on official surveys. ployed. (7) Ash wood chips or bark chips that (2) Firewood of all hardwood (non-co- originate in a Province or Territory niferous) species, and ash logs and that is not regulated for the emerald 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 borer require a permit issued under (Approved by the Office of Management and § 319.40–2(a) and must be accompanied Budget under control numbers 0579–0049, by a certificate with an additional dec- 0579–0257, and 0579–0319). laration stating that the articles in the [60 FR 27674, May 25, 1995, as amended at 63 shipment were produced/harvested in a FR 69542, Dec. 17, 1998; 64 FR 59604, Nov. 3, county or municipal regional county 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 55733, where the emerald ash borer does not Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR occur, based on official surveys. 33325, June 7, 2005; 72 FR 30467, June 1, 2007] (3) Firewood of all hardwood (non-co- niferous) species, and ash logs and § 319.40–6 Universal importation op- wood, including cants and stumps, that tions. originate in a Province or Territory (a) Logs. Logs may be imported if that is not regulated for the emerald prior to importation the logs have been ash borer must be accompanied by an debarked in accordance with § 319.40– importer document that certifies that 7(b) and heat treated in accordance the article originated in a county or with § 319.40–7(c). During the entire in- municipal regional county free of the terval between treatment and export, emerald ash borer. the logs must be stored and handled in (4) The importation of ash wood chips a manner which excludes any access to or bark chips larger than 1 inch diame- the logs by plant pests.

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

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(iii) The wood chips must be con- sealed containers carrying the wood signed to a facility in the United chips or bark chips. Wood chips or bark States that operates under a compli- chips on the vessel’s deck must be in a ance agreement in accordance with sealed container; Except that: If the § 319.40–8. The following requirements wood chips or bark chips are derived apply upon arrival of the wood chips in from live, healthy, plantation-grown the United States: trees in tropical areas, they may be (A) Upon arrival in the United shipped on deck if no other regulated States, the wood chips must be un- articles are present on the vessel and loaded by a conveyor that is covered to the wood chips or bark chips are com- prevent the chips from being blown by pletely covered by a tarpaulin during the wind and from accidental spillage. the entire journey directly to the The facility receiving the wood chips United States. must have a procedure in place to re- (iii) The wood chips or bark chips trieve any chips that fall during un- must be free from rot at the time of loading. importation, unless accompanied by an (B) If the wood chips must be trans- importer document stating that the en- ported after arrival, the chips must be tire lot was fumigated with methyl covered or safeguarded in a manner bromide in accordance with § 319.40– that prevents the chips from spilling or 7(f)(3), heat treated in accordance with falling off the means of conveyance or § 319.40–7(c), or heat treated with mois- from being blown off the means of con- ture reduction in accordance with veyance by wind. § 319.40–7(d). (C) The wood chips must be stored at (iv) Wood chips or bark chips im- the facility on a paved surface and ported in accordance with this para- must be kept segregated from other graph must be consigned to a facility regulated articles from the time of dis- operating under a compliance agree- charge from the means of conveyance ment in accordance with § 319.40–8. The until the chips are processed. The stor- wood chips or bark chips must be age area must not be adjacent to wood- burned, heat treated in accordance ed areas. with § 319.40–7(c), heat treated with (D) The wood chips must be processed moisture reduction in accordance with within 45 days of arrival at the facility. § 319.40–7(d), or otherwise processed in a Any fines or unusable wood chips must manner that will destroy any plant be disposed of by burning within 45 pests associated with the wood chips or days of arrival at the facility. bark chips within 30 days of arrival at (2) From locations other than certain the facility. If the wood chips or bark places in Asia. Wood chips and bark chips are to be used for mulching or chips from any place except places in composting, they must first be fumi- Asia that are east of 60° east longitude gated in accordance with § 319.40–7(f)(3), and north of the Tropic of Cancer may heat treated in accordance with be imported in accordance with this § 319.40–7(c), or heat treated with mois- paragraph. ture reduction in accordance with (i) The wood chips or bark chips must § 319.40–7(d). be accompanied by an importer docu- (d) Wood mulch, humus, compost, and ment stating that the wood chips or litter. Wood mulch, humus, compost, bark chips were either: and litter may be imported if accom- (A) Derived from live, healthy, trop- panied by an importer document stat- ical species of plantation-grown trees ing that the wood mulch, humus, com- grown in tropical areas; or post, or litter was fumigated in accord- (B) Fumigated with methyl bromide ance with § 319.40–7(f)(3), heat treated in in accordance with § 319.40–7(f)(3), heat accordance with § 319.40–7(c), or heat treated in accordance with § 319.40–7(c), treated with moisture reduction in ac- or heat treated with moisture reduc- cordance with § 319.40–7(d). tion in accordance with § 319.40–7(d). (e) Cork and bark. Cork and cork (ii) During shipment to the United bark, cinnamon bark, and other bark States, no other regulated articles to be used for food, manufacture of (other than solid wood packing mate- medicine, or chemical extraction may rials) are permitted in the holds or be imported if free from rot at the time

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of importation and subject to the in- entire interval between treatment and spection and other requirements of export the regulated article must be § 319.40–9. stored, handled, or safeguarded in a (Approved by the Office of Management and manner which excludes any infestation Budget under control number 0579–0049) of the regulated article by plant pests. (d) Heat treatment with moisture reduc- [60 FR 27679, May 25, 1995; 60 FR 30157, June tion. (1) Heat treatment with moisture 7, 1995, as amended at 65 FR 21127, Apr. 20, 2000; 69 FR 2295, Jan. 15, 2004; 69 FR 52418, reduction may employ: Aug. 26, 2004] (i) Kiln drying conducted in accordance with the schedules prescribed for § 319.40–7 Treatments and safeguards. the regulated article in the Dry Kiln (a) Certification of treatments or safe- Operator’s Manual, Agriculture Hand- guards. If APHIS determines that a book 188, which is incorporated by ref- document required for the importation erence at § 300.2 of this chapter; or, of regulated articles is inaccurate, the (ii) Dry heat, exposure to microwave regulated articles which are the sub- energy, or any other method that ject of the certificate or other docu- raises the temperature of the center of ment shall be refused entry into the each treated regulated article to at United States. In addition, APHIS may least 71.1 °C, maintains the regulated determine not to accept any further articles at that center temperature for certificates for the importation of reg- at least 75 minutes, and reduces the ulated articles in accordance with this moisture content of the regulated arti- subpart from a country in which an in- cle to 20 percent or less as measured by accurate certificate is issued, and an electrical conductivity meter. APHIS may determine not to allow the (2) For regulated articles heat treat- importation of any or all regulated ar- ed with moisture reduction prior to articles from any such country, until cor- rival in the United States, during the rective action acceptable to APHIS es- entire interval between treatment and tablishes that certificates issued in export the regulated article must be that country will be accurate. stored, handled, or safeguarded in a (b) Debarking. Except for raw lumber, manner which excludes any infestation no more than 2 percent of the surface of the regulated article by plant pests. of all regulated articles in a lot may (e) Surface pesticide treatments. All retain bark, with no single regulated United States Environmental Protec- article retaining bark on more than 5 tion Agency registered surface pes- percent of its surface. For raw lumber, ticide treatments are authorized for debarking must remove 100 percent of regulated articles imported in accord- the bark. ance with this subpart, except that (c) Heat treatment. Heat treatment Pinus radiata wood chips from Chile must be performed only at a facility and wood chips from South America where APHIS or an inspector author- derived from temperate species of Eu- ized by the Administrator and the na- calyptus must be treated in accordance tional government of the country in with § 319.40–7(e)(2). Surface pesticide which the facility is located has in- treatments must be conducted in ac- spected the facility and determined cordance with label directions ap- that its operation complies with the proved by the United States Environ- standards of this paragraph. Heat mental Protection Agency. Under the treatment procedures may employ following circumstances, surface pes- steam, hot water, kilns, exposure to ticide treatments must also be con- microwave energy, or any other meth- ducted as follows: od (e.g., the hot water and steam tech- (1) Heat treated logs. When used on niques used in veneer production) that heat treated logs, a surface pesticide raises the temperature of the center of treatment must be first applied within each treated regulated article to at 48 hours following heat treatment. The least 71.1 °C and maintains the regu- surface pesticide treatment must be related article at that center tempera- peated at least every 30 days during ture for at least 75 minutes. For regu- storage of the regulated article, with lated articles heat treated prior to ar- the final treatment occurring no more rival in the United States, during the than 30 days prior to departure of the

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means of conveyance that carries the fumigation. The fumigation must be regulated articles to the United States. conducted using schedule T–404 con- (2) Pinus radiata wood chips from Chile tained in part 305 of this chapter. and Eucalyptus (temperate species) wood (2) Lumber. The lumber and the ambi- chips from South America. When used on ent air must be at a temperature of 5 Pinus radiata wood chips from Chile or °C or more above throughout fumiga- on wood chips from South America de- tion. The fumigation must be con- rived from temperate species of Euca- ducted using schedule T–404 contained lyptus, a surface pesticide consisting of in part 305 of this chapter. the following must be used: A mixture (3) Regulated articles other than logs or of a fungicide containing 64.8percent of lumber. (i) If the ambient air and the the active ingredient didecyl dimethyl regulated articles other than logs or ammonium chloride and 7.6 percent of lumber are at a temperature of 21 °C or the active ingredient 3-iodo-2-propynl above throughout fumigation, the fu- butylcarbamate and an insecticide con- migation must be conducted using taining 44.9percent of the active ingre- schedule T–404 contained in part 305 of dient chlorpyrifos phosphorothioate. this chapter. In lieu of the schedule T– The wood chips must be sprayed with 404 methyl bromide concentration, fu- the pesticide so that all the chips are migation may be conducted with an exposed to the chemical on all sides. initial methyl bromide concentration During the entire interval between of at least 48 g/m3 with exposure and treatment and export, the wood chips concentration levels adequate to pro- must be stored, handled, or safeguarded vide a concentration-time product of at in a manner that prevents any infesta- least 760 gram-hours calculated on the tion of the wood chips by plant pests. initial methyl bromide concentration. (f) Methyl bromide fumigation. The fol- (ii) If the ambient air and the regu- lowing minimum standards for methyl lated articles other than logs or lumber bromide fumigation treatment are au- are at a temperature of 4.5–20.5 °C thorized for the regulated articles list- throughout fumigation, the fumigation ed in paragraphs (f)(1) through (f)(3) of must be conducted using schedule T– this section. Any method of fumigation 404 contained in part 305 of this chap- that meets or exceeds the specified ter. temperature/time/concentration prod- (g) Preservatives. All preservative ucts is acceptable. Following fumiga- treatments that use a preservative tion, fumigated products must be aer- product that is registered by the ated to reduce the concentration of fu- United States Environmental Protec- migant below hazardous levels, in action Agency are authorized for treat- cordance with the Treatment Manual ment of regulated articles imported in and label instructions approved by the accordance with this subpart. Preserv- U.S. Environmental Protection Agen- ative treatments must be performed in cy. accordance with label directions ap- (1) Logs—(i) T–312 schedule. The entire proved by the United States Environ- log and the ambient air must be at a mental Protection Agency. ° temperature of 5 C or above through- (Approved by the Office of Management and out fumigation. The fumigation must Budget under control number 0579–0049) be conducted using schedule T–312 contained in part 305 of this chapter. In [60 FR 27674, May 25, 1999, as amended at 64 FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, lieu of the schedule T–312 methyl bro- 2000; 67 FR 8465, Feb. 25, 2002; 69 FR 2295, Jan. mide concentration, fumigation may 15, 2004; 69 FR 52418, Aug. 26, 2004; 70 FR 33325, be conducted with an initial methyl June 7, 2005] bromide concentration of at least 240 g/ m3 with exposure and concentration § 319.40–8 Processing at facilities oper- levels adequate to provide a concentra- ating under compliance agree- tion-time product of at least 17,280 ments. gram-hours calculated on the initial (a) Any person who operates a facil- methyl bromide concentration. ity in which imported regulated arti- (ii) T–404 schedule. The entire log and cles are processed may enter into a the ambient air must be at a tempera- compliance agreement to facilitate the ture of 5 °C or more above throughout importation of regulated articles under

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this subpart. The compliance agree- § 319.40–9 Inspection and other re- ment shall specify the requirements quirements at port of first arrival. necessary to prevent spread of plant (a) Procedures for all regulated articles. pests from the facility, requirements to (1) All imported regulated articles ensure the processing method effec- shall be inspected at the port of first tively destroys plant pests, and the re- arrival. If the inspector finds signs of quirements for the application of plant pests on or in the regulated arti- chemical materials in accordance with cle, or finds that the regulated article part 305 of this chapter. The compli- may have been associated with other ance agreement shall also state that articles infested with plant pests, the inspectors must be allowed access to regulated article shall be cleaned or the facility to monitor compliance treated as required by an inspector, with the requirements of the compli- and the regulated article and any prod- ance agreement and of this subpart. ucts of the regulated article shall also Compliance agreement forms may be be subject to reinspection, cleaning, obtained from the Administrator or an and treatment at the option of an in- inspector. spector at any time and place before all (b) Any compliance agreement may applicable requirements of this subpart be canceled by the inspector who is su- have been accomplished. pervising its enforcement, orally or in (2) Regulated articles shall be assem- writing, whenever the inspector finds bled for inspection at the port of first that the person who entered into the arrival, or at any other place pre- compliance agreement has failed to scribed by an inspector, at a place and comply with the conditions of the com- time and in a manner designated by an pliance agreement. If the cancellation inspector. is oral, the decision to cancel the com- (3) If an inspector finds that an im- pliance agreement and the reasons for ported regulated article is so infested cancellation of the compliance agree- with a plant pest that, in the judgment ment shall be confirmed in writing, as of the inspector, the regulated article promptly as circumstances permit. cannot be cleaned or treated, or con- Any person whose compliance agree- tains soil or other prohibited contami- ment has been canceled may appeal the nants, the entire lot may be refused decision in writing to the Adminis- entry into the United States. trator within 10 days after receiving (4) No person shall move any im- written notification of the cancella- ported regulated article from the port tion. The appeal shall state all of the of first arrival unless and until an in- facts and reasons upon which the per- spector notifies the person, in writing son relies to show that the compliance or through an electronic database, that agreement was wrongfully canceled. the regulated article: The Administrator shall grant or deny (i) Is in compliance with all applica- the appeal, in writing, stating the rea- ble regulations and has been inspected sons for granting or denying the ap- and found to be apparently free of peal, as promptly as circumstances per- plant pests; 4 or, mit. If there is a conflict as to any ma- (ii) Has been inspected and the in- terial fact and the person whose com- spector requires reinspection, cleaning, pliance agreement has been canceled or treatment of the regulated article at requests a hearing, a hearing shall be a place other than the port of first ar- held to resolve the conflict. Rules of rival. practice concerning the hearing will be adopted by the Administrator. (Approved by the Office of Management and 4 Certain regulated articles may also be Budget under control number 0579–0049) subject to ‘‘Subpart—Fruits and Vegeta- bles,’’ or to the noxious weed regulations [60 FR 27674, May 25, 1995, as amended at 69 under part 360 of this chapter, or to Endan- FR 52418, Aug. 26, 2004; 70 FR 33325, June 7, gered Species Act regulations under parts 355 2005] and 356 of this chapter and 50 CFR parts 17 and 23.

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(b) Notice of arrival; visual examination (3) Name and address of the person of regulated articles at port of first ar- importing the regulated article; rival. (1) At least 7 days prior to the ex- (4) Name and address of consignee of pected date of arrival in the United the regulated article; States of a shipment of regulated arti- (5) Identifying shipper’s mark and cles imported in accordance with this number; and subpart, the permittee or his or her (6) Number of the permit (if one was agent must notify the APHIS Officer in issued) authorizing the importation of Charge at the port of arrival of the the regulated article into the United date of expected arrival. The address States. and telephone number of the APHIS Of- (d) Sampling for plant pests at port of ficer in Charge will be specified in any first arrival. Any imported regulated ar- specific permit issued by APHIS 5. This ticle may be sampled for plant pests at notice may be in writing or by tele- the port of first arrival. If an inspector phone. The notice must include the finds it necessary to order treatment of number of any specific permit issued a regulated article at the port of first for the regulated articles; the name, if arrival, any sampling will be done prior any, of the means of conveyance car- to treatment. rying the regulated articles; the type and quantity of the regulated articles; (Approved by the Office of Management and Budget under control number 0579–0049) the expected date of arrival; the country of origin of the regulated articles; [60 FR 27674, May 25, 1995, as amended at 66 the name and the number, if any, of FR 21056, Apr. 27, 2001; 69 FR 52418, Aug. 26, the dock or area where the regulated 2004; 70 FR 33325, June 7, 2005; 72 FR 39501, July 18, 2007] articles are to be unloaded; and the name of the importer or broker at the § 319.40–10 Costs and charges. port of arrival. (2) Imported regulated articles which The services of an inspector during have been debarked in accordance with regularly assigned hours of duty and at § 319.40–7(b) and can be safely and prac- the usual places of duty shall be fur- 6 tically inspected will be visually exam- nished without cost to the importer. ined for plant pests by an inspector at The inspector may require the im- the port of first arrival. If plant pests porter to furnish any labor, chemicals, are found on or in the regulated arti- packing materials, or other supplies re- cles or if the regulated article cannot quired in handling regulated articles be safely and practically inspected, the under this subpart. APHIS will not be regulated articles must be treated in responsible for any costs or charges, accordance with part 305 of this chap- other than those identified in this sec- ter. tion. (c) Marking and identity of regulated [60 FR 27674, May 25, 1995, as amended at 63 articles. Any regulated article, at the FR 50111, Sept. 18, 1998; 69 FR 52418, Aug. 26, time of importation shall bear on the 2004; 69 FR 55733, Sept. 16, 2004] outer container (if in a container), on the regulated article (if not in a con- § 319.40–11 Plant pest risk assessment tainer), or on a document accom- standards. panying the regulated article the fol- When evaluating a request to import lowing information: a regulated article not allowed impor- (1) General nature and quantity of tation under this subpart, or a request the regulated articles; to import a regulated article under (2) Country and locality, if known, conditions other than those prescribed where the tree from which the regu- by this subpart, APHIS will conduct lated article was derived was har- the following analysis to determine the vested; 6 Provisions relating to costs for other 5 A list of APHIS Officers in Charge may be services of an inspector, including services obtained from the Administrator, c/o Port related to extra inspection and separation of Operations, Plant Protection and Quar- cargo from packing material for shipments antine, Animal and Plant Health Inspection that arrive without meeting the require- Service, 4700 River Road, Riverdale, MD ments of this subpart as required, are con- 20737. tained in part 354 of this chapter.

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plant pest risks associated with each antine pests identified in paragraph (b) requested importation in order to de- of this section into groups depending termine whether or not to issue a per- upon where the plant pest is most like- mit under this subpart or to propose ly to be found. The plant pests would regulations establishing conditions for be grouped as follows: the importation into the United States (i) Plant pests found on the bark; of the regulated article. (ii) Plant pests found under the bark; (a) Collecting commodity information. and (1) APHIS will evaluate the application (iii) Plant pests found in the wood. for information describing the regu- (2) APHIS will subdivide each of the lated article and the origin, processing, groups in paragraph (c)(1) of this sec- treatment, and handling of the regu- tion into associated taxa. lated article; and (3) APHIS will rank the plant pests (2) APHIS will evaluate history of in each group in paragraph (c)(2) of this past plant pest interceptions or intro- section according to plant pest risk, ductions (including data from foreign based on the available biological infor- countries) associated with the regu- mation and demonstrated plant pest lated article. importance. (b) Cataloging quarantine pests. For (4) APHIS will identify any plant the regulated article specified in an ap- pests ranked in paragraph (c)(3) of this plication, APHIS will determine what section for which plant pest risk as- plant pests or potential plant pests are sessments have previously been per- associated with the type of tree from formed in accordance with this section. which the regulated article was de- APHIS will conduct individual plant rived, in the country and locality from pest risk assessments for the remain- which the regulated article is to be ex- ing plant pests, starting with the high- ported. A plant pest that meets one of est ranked plant pest(s) in each group. the following criteria is a quarantine (5) The number of plant pests in each pest and will be further evaluated in group to be evaluated through indi- accordance with paragraph (c) of this vidual plant pest risk assessment will section: be based on biological similarities of (1) Non-indigenous plant pest not members of the group as they relate to present in the United States; measures taken in connection with the (2) Non-indigenous plant pest, importation of the regulated article to present in the United States and capa- mitigate the plant pest risk associated ble of further dissemination in the with the regulated article. For exam- United States; ple, if the plant pest risk assessment (3) Non-indigenous plant pest that is for the highest ranked plant pest indi- present in the United States and has cates a need for a mitigation measure reached probable limits of its ecologi- that would result in the same reduc- cal range, but differs genetically from tion of risk for other plant pests the plant pest in the United States in a ranked in the group, the other mem- way that demonstrates a potential for bers need not be subjected to individual greater damage potential in the United plant pest risk assessment. States; (d) Conducting individual plant pest (4) Native species of the United risk assessments. APHIS will evaluate States that has reached probable limits each of the plant pests identified in of its ecological range, but differs ge- paragraph (c)(4) of this section by: netically from the plant pest in the (1) Estimation of the probability of United States in a way that dem- the plant pest being on, with, or in the onstrates a potential for greater dam- regulated article at the time of impor- age potential in the United States; or tation; (5) Non-indigenous or native plant (2) Estimation of the probability of pest that may be able to vector an- the plant pest surviving in transit on other plant pest that meets one of the the regulated article and entering the criteria in paragraphs (b)(1) through (4) United States undetected; of this section. (3) Estimation of the probability of (c) Determining which quarantine pests the plant pest colonizing once it has to assess. (1) APHIS will divide quar- entered into the United States;

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(4) Estimation of the probability of and may be introduced into this coun- the plant pest spreading beyond any try through importations of the stalks colonized area; and or other parts of Indian corn or maize, (5) Estimation of the damage to broomcorn, and related plants. plants that could be expected upon in- (b) To prevent the introduction of troduction and dissemination within these plant pests, the following articles the United States of the plant pest. may not be imported into the United (e) Estimating unmitigated overall plant States except in accordance with this pest risk. APHIS will develop an esti- subpart: The raw or unmanufactured mation of the overall plant pest risk stalk and all other parts of Indian corn associated with importing the regu- or maize (Zea mays L.), broomcorn lated article based on compilation of (Andropogon sorghum var. technicus), individual plant pest risk assessments sweet sorghums (Andropogon sorghum), performed in accordance with para- grain sorghums (Andropogon sorghum), graph (d) of this section. Sudan grass (Andropogon sorghum (f) Evaluating available requirements to sudanensis), Johnson grass (Andropogon determine whether they would allow safe halepensis), sugarcane (Saccharum importation of the regulated article. The officinarum), including Japanese vari- requirements of this subpart, and any eties, pearl millet (Pennisetum other requirements relevant to the reg- glaucum), napier grass (Pennisetum ulated article and plant pests involved, purpureum), teosinte (Euchlaena will be compared with the individual luxurians), and jobs-tears (Coix plant pest risk assessments in order to lachryma-Jobi). determine whether particular condi- (c) When the public interests will per- tions on the importation of the regu- mit, the Deputy Administrator of the lated article would reduce the plant pest risk to an insignificant level. If Plant Protection and Quarantine Pro- APHIS determines that the imposition grams may, upon request in specific of particular conditions on the impor- cases, authorize such importations into tation of the regulated article could re- Guam under conditions specified in the duce the plant pest risk to an insignifi- permit that are less stringent than cant level, and determines that suffi- those contained in this subpart. cient APHIS resources are available to (d) As used in this subpart, unless the implement or ensure implementation context otherwise requires, the term of the conditions, APHIS will imple- ‘‘United States’’ means the States, the ment rulemaking to allow importation District of Columbia, Guam, Puerto of the requested regulated article Rico, and the Virgin Islands of the under the conditions identified by the United States. plant pest risk assessment process. [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001] Subpart—Indian Corn or Maize, Broomcorn, and Related Plants § 319.41a Administrative instructions relating to entry into Guam of QUARANTINE broomcorn, brooms, and similar articles. § 319.41 Notice of quarantine. (a) Broomcorn for manufacturing (a) The fact has been determined by purposes, and brooms and similar arti- the Secretary of Agriculture, and no- cles made of broomcorn may be im- tice given, that dangerous plant pests, ported into Guam without further per- including the so-called European corn mit, other than the authorization con- borer (Ostrinia nubilalis Hubn.), and tained in this section, and without also other dangerous insects, as well as other restriction under this subpart. plant diseases not heretofore widely Notice of arrival for such importations prevalent or distributed within and is not necessary inasmuch as there is throughout the United States, exist, as available to the inspector the essential to one or more of such pests, in Europe, information normally supplied by the Asia, Africa, Dominion of Canada, Mex- importer at time of importation. In- ico, Central and South America, and spection of such importations may be other foreign countries and localities, made under the general authority of

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§ 330.105(a) of this chapter. If an impor- or the West Indies, shall be considered tation is found infected, infested, or as broomcorn and shall be subject to contaminated with any plant pest and compliance with § 319.41–3(b). is not subject to disposal under this [25 FR 12809, Dec. 14, 1960] part 319, disposition may be made in accordance with § 330.106 of this chap- RULES AND REGULATIONS ter. (b) Shelled corn and seeds of other § 319.41–1 Plant products permitted plants listed in § 319.41, and mature entry. 1 corn on the cob, may be imported into Except as restricted from certain Guam without further permit, other countries and localities by special than the authorization contained in quarantines and other orders now in this section and without other restric- force, 2 and by such as may hereafter be tion under this subpart, but such im- promulgated, the following articles portations are subject to the require- may be imported: ments of § 319.37–4(a). (a) Subject only to the requirements (c) Green corn on the cob may be im- of paragraphs (a), (b), and (c) of § 319.41– ported into Guam without restriction 5: under this subpart, but such importa- (1) Green corn on the cob, in small tions are subject to the requirements lots for local use only, from adjacent of § 319.56–3. areas of Canada. [24 FR 10788, Dec. 29, 1959, as amended at 72 (2) Articles made of the stalks, FR 39501, July 18, 2007] leaves, or cobs of corn, when prepared, manufactured, or processed in such § 319.41b Administrative instructions manner that in the judgment of the in- prescribing conditions for entry of spector no pest risk is involved in their broomstraw without treatment. entry. Broomstraw, sometimes referred to (3) Corn silk. as ‘‘combed stalkless’’, when consisting (b) Upon compliance with the regula- of individual straws entirely free from tions in this subpart: stems, stalks, stubs of stalks, and (1) Broomcorn for manufacturing leaves, may be imported from all coun- purposes, brooms or similar articles tries without seasonal limitation through ports of entry designated in 1 Except as provided in § 319.41–6 the regula- the permit, provided it is bundled and tions in this subpart do not authorize impor- baled to prevent breakage and scat- tations through the mails. tering and to facilitate inspection, in 2 The entry of the following plants and the following manner: plant products is prohibited or restricted by specific quarantines and other restrictive or- (a) The broomstraw shall be assem- ders now in force. bled into bundles with the base of the (a) Living canes of sugarcane, or cuttings individual straws at the same end, no or parts thereof, from all foreign countries. alternating of layers being permitted. (§ 319.15.) (b) Each bundle shall be securely tied (b) Except as provided for in paragraph (c) to prevent breakage. for corn seed from New Zealand, seed and all (c) Individual bundles shall be com- other portions in the raw or unmanufactured pacted, grouped into bales, and so ar- state of Indian corn or maize (Zea mays L.), and the closely related plants, including all ranged that the butt of each bundle is species of Teosinte (Euchlaena), jobs-tears exposed on the outside of the bale. (Coix), Polytoca, Chionachne, Sclerachne, (d) Each bale shall be securely bound and Trilobachne, from Australia, Burma, to prevent shifting or loosening of the Cambodia, China, Formosa, India, Indonesia, bundles in transit. Japan and adjacent islands, Laos, Malaya, (e) Broomstraw found upon inspec- Manchuria, New Guinea, New Zealand, North tion at the port of entry to contain Viet-Nam, Oceania, Pakistan, Philippines, stems, stalks, stubs of stalks, or leaves Ryukyu Islands, Thailand, and Viet-Nam. shall be sterilized under the super- (§ 319.24.) (c) Seed of Indian corn or maize (Zea mays vision of an inspector. Broomstraw L.) that is free from the cob and from all contaminated in the aforesaid manner, other parts of corn may be imported into the from countries other than those on the United States from New Zealand without North or South American Continents further restriction. (§ 319.24.).

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made of broomcorn, clean shelled corn, § 319.41–3 Issuance of permits. and clean seed of the other plants cov- (a) On approval by the Deputy Ad- ered by § 319.41. (2) Corn on the cob, green or mature, ministrator of the Plant Protection from the provinces of Canada west of and Quarantine Programs of the appli- and including Manitoba, 3 and from cation mentioned in § 319.41–2, a permit Mexico, Central America, South Amer- will be issued. ica, the West Indies, the Bahamas, and (b) For broomcorn and brooms and Bermuda. similar articles made of broomcorn, (c) Seed of Indian corn or maize (Zea permits will be issued by the Deputy mays L.) that is free from the cob and Administrator of the Plant Protection from all other parts of corn may be im- and Quarantine Programs for such ported into the United States from ports as may be designated therein, ex- New Zealand without further restric- cept that permits will be issued for the tion. entry of broomcorn originating in (d) Immature, dehusked ‘‘baby’’ countries other than those in the North sweet corn may be imported from Zam- or South American Continents or the bia in accordance with § 319.56–2f(a). West Indies only through the ports of [24 FR 10788, Dec. 29, 1959, as amended at 58 Baltimore, Boston, New York, and Nor- FR 44745, Aug. 25, 1993; 71 FR 29769, May 24, folk, or through other northeastern 2006] ports which may from time to time be designated in the permit, and at which § 319.41–2 Application for permits. facilities for treatment of infested ma- (a) Persons contemplating the impor- terial may be available, such entry to tation of any of the articles specified in be limited to those shipments accom- § 319.41–1(b), shall first make applica- panied by on-board bills of lading dated tion to the Plant Protection and Quar- within the period September 15 antine Programs for a permit, stating through February 15 of the succeeding in the application the name and ad- year, both dates inclusive. Permits will dress of the exporter, the country and not be issued for the entry of locality where grown, the port of ar- broomcorn from any source through rival, and the name and address of the ports on the Pacific Coast. importer in the United States to whom the permit should be sent. Unless oth- (c) For shelled corn and for seeds of erwise stated in the permit, all permits other plants listed in § 319.41, and for will be valid from date of issuance corn on the cob, green or mature, from until revoked. the land areas designated in (b) Applications for permits should be § 319.41(b)(2), permits will be issued for made in advance of the proposed ship- ports where the Plant Protection and ments; but if, through no fault of the Quarantine Programs maintains an in- importer, a shipment should arrive be- spection service and for such other fore a permit is received, the importa- ports as may be designated in the per- tion will be held in customs custody at mit. the risk and expense of the importer (d) Pending development of adequate for a period not exceeding 20 days pend- treating facilities in Guam, any of the ing the receipt of the permit. articles specified in § 319.41–1 that are (c) Applications may be made by subject to treatment as a condition of telegraph, in which case the informa- entry therein must first be entered and tion required above must be given. treated in accordance with the require- (Approved by the Office of Management and ments of this subpart at a U.S. port of Budget under control number 0579–0049) arrival where such treating facilities [24 FR 10788, Dec. 29, 1959, as amended at 48 are available. FR 57466, Dec. 30, 1983] [24 FR 10788, Dec. 29, 1959, as amended at 33 FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, 3 A quarantine is maintained by Canada to 1971] prevent spread of the European corn borer from the infested eastern areas to the still uninfested Provinces west of Ontario.

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§ 319.41–4 Notice of arrival by per- with approved sureties, and condi- mittee. tioned that the importation shall be Immediately upon arrival of the im- sterilized or otherwise treated under portation at the port of arrival the per- the supervision of the inspector; that mittee shall submit, in duplicate, no- no bale or container shall be broken, tice to the Plant Protection and Quar- opened, or removed from the port of ar- antine Programs, through the U.S. Col- rival unless and until a written notice lector of Customs, or, in the case of is given to said customs official by an Guam, through the Customs officer of inspector that the importation has the Government of Guam, on forms been properly sterilized or treated; and provided for that purpose, stating the that the importation shall be redeliv- number of the permit, the date of ered to said customs official within 30 entry, the name of ship or vessel, rail- days after its arrival. road, or other carrier, the country and (c) Should a shipment requiring steri- locality where the articles were grown, lization or other treatment under the the name of the foreign shipper, the provisions of the regulation in this sub- quantity or number of bales or con- part arrive at a port where facilities tainers, and the marks and numbers on for such sterilization or other treat- the bales or containers, the port of ar- ment are not maintained, such ship- rival, and the name of the importer or ment shall either be promptly shipped broker at the port of arrival. under safeguards and by routing prescribed by the inspector to an approved (Approved by the Office of Management and Budget under control number 0579–0049) port where facilities for sterilization or other treatment are available, or it [24 FR 10788, Dec. 29, 1959, as amended at 48 shall be refused entry. FR 57466, Dec. 30, 1983] (d) Other conditions of entry as ap- § 319.41–5 Condition of entry. plying to the certain classes of articles enumerated in § 319.41–1 are: (a) The entry of the articles covered (1) Broomcorn. All importations of by § 319.41–1 is conditioned on their freedom from the European corn borer broomcorn shall be so baled as to pre- and other injurious insects and plant vent breakage and scattering in con- diseases, and upon their freedom from nection with the necessary handling contamination with plant materials and sterilization; if in the judgment of prohibited entry under other quar- the inspector they are not so baled, antines. All shipments of these articles entry may be refused. All importations shall be subject to inspection at the of broomcorn shall be subject to such port of arrival by an inspector of the sterilization or other treatment as the Plant Protection and Quarantine Pro- inspector may require. grams, in order to determine their free- (2) Articles made of broomcorn. Brooms dom from such insects and diseases and or similar articles made of broomcorn from contaminating materials, and to shall be subject to sterilization unless such sterilization, grinding, or other their manufacture involves the sub- necessary treatment as the inspector stantial elimination of stems or such may prescribe. Should an importation treatment of the included stems as in be found on inspection to be so infested the judgment of the inspector shall or infected or contaminated that, in preclude such articles from being the the judgment of the inspector, it can means of carriage of the European corn not be made safe by sterilization or borer and of other injurious insects and other treatment, the entire shipment plant diseases. may be refused entry. (3) Shelled corn and other seeds. If (b) When entry under sterilization or shipments of shelled corn and seeds of other treatment is permitted, the im- the other plants from countries other portation will be released to the per- than those named in § 319.41–1 (b)(2) are mittee for such treatment, upon the found upon inspection at the port of ar- filing with the appropriate customs of- rival to be appreciably fouled with cobs ficial of a bond in the amount of $5,000, or other portions of the plants the in- or in an amount equal to the invoice spector may require sterilization or value, if such value be less than $5,000, other treatment or may refuse entry.

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§ 319.41–5a Administrative instruc- the importation: Provided further, That tions; method used for the disinfec- each shipment is accompanied from the tion of imported broomcorn and foreign mailing point by a special mail- broomcorn brooms. ing tag, which will direct the package Broomcorn and articles made of to a Plant Protection and Quarantine broomcorn which are required to be Programs inspection station for inspec- treated, under the provisions of § 319.41– tion in accordance with § 319.41–5 before 5, will be treated by one of the fol- release to the mails for delivery to the lowing methods: importer. These special mailing tags (a) Vacuum fumigation. (1) The tem- will be furnished on request to the im- perature of the stalks and of the fumi- porter for transmission to his foreign gation chamber during the fumigation shipper. ° shall be not less than 60 F. (Approved by the Office of Management and (2) The dosage for the fumigation Budget under control number 0579–0049) shall be 3 pounds of liquid hydrocyanic acid or its equivalent per 1,000 cubic [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] feet of space. (3) The air pressure in the fumigation chamber shall be reduced to the equiv- Subpart—Rice alent of 2 inches of mercury (a 28–inch QUARANTINE vacuum at sea level), after which the hydrocyanic acid shall be introduced § 319.55 Notice of quarantine. and the low pressure held for the dura- (a) The fact has been determined by tion of the fumigation. the Secretary of Agriculture, and no- (4) The exposure shall be not less tice is hereby given, (1) that injurious than 3 hours. fungous diseases of rice, including (b) Steam sterilization. (1) The air pres- downy, mildew (Sclerospora sure in the treating chamber shall be macrospora), leaf smut (Entyloma reduced to the equivalent of 5 inches of oryzae), blight (Oospora oryzetorum), mercury (a 25–inch vacuum at sea and glume blotch (Melanomma level). glumarum), as well as dangerous insect (2) Steam shall then be introduced pests, new to and not heretofore widely until a positive pressure of 10 pounds is prevalent or distributed within and obtained. throughout the United States, exist, as (3) The exposure to the 10–pound posi- to one or more of such diseases and tive pressure of steam shall continue pests, in Europe, Asia, Africa, Central for a period sufficient to assure a con- America, South America, and other stant temperature in all parts of the foreign countries and localities, and treating chamber, after which the may be introduced into this country steam may be shut off and the treating through importations of seed or paddy chamber exhausted of the uncondensed rice, rice straw, and rice hulls, and (2) steam. that the unrestricted importation of (c) Other treatments. Any other treat- seed or paddy rice from the Republic of ments approved by the Deputy Admin- Mexico and of rice straw and rice hulls istrator of the Plant Protection and from all foreign countries and local- Quarantine Programs in specific cases. ities may result in the entry into the [24 FR 10788, Dec. 29, 1959, as amended at 34 United States of the injurious plant FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, diseases heretofore enumerated, as well 1971] as insect pests. (b) To prevent the introduction into § 319.41–6 Importations by mail. the United States of the plant pests In addition to entries by freight or and diseases indicated above, the Sec- express provided for in § 319.41–5, impor- retary has determined that it is nec- tations are permitted by mail of (a) essary to prohibit the importation into mature corn on the cob from the coun- the United States of seed or paddy rice tries specified in § 319.41–1(b)(2), (b) from all foreign locations except the clean shelled corn and clean seed of the Republic of Mexico and to restrict the other plants covered by § 319.41: Pro- importation of seed or paddy rice, rice vided, That a permit has been issued for straw, and rice hulls from the Republic

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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) When the public interests will per- of Agriculture. mit, the Deputy Administrator of the Plant Protection and Quarantine Pro- § 319.55–2 Application for permit. grams may, upon request in specific (a) Application for a permit to im- cases, authorize such importations into port seed or paddy rice from Mexico or Guam under conditions specified in the rice straw or rice hulls from any coun- permit that are less stringent than try, may be made to the Plant Protec- those contained in this subpart. tion and Quarantine Programs, indi- (d) As used in this subpart, unless the cating in the application the locality context otherwise requires, the term where the desired material has been ‘‘United States’’ means the States, the grown, the port of first arrival, and the District of Columbia, Guam, Puerto name and address of the importer in Rico, and the Virgin Islands of the the United States to whom the permit United States. should be sent, if other than the appli- [24 FR 10788, Dec. 29, 1959, as amended at 66 cant. FR 21056, Apr. 27, 2001] (b) Applications for permits should be made in advance of the proposed ship- § 319.55a Administrative instructions ments; but if, through no fault of the relating to entry of rice straw and importer, a shipment should arrive be- rice hulls into Guam. fore a permit is received, the importa- Rice straw and rice hulls may be im- tion will be held in customs custody at ported into Guam without further per- the port of first arrival, at the risk and mit, other than the authorization con- expense of the importer, for a period tained in this paragraph. The port of not exceeding 20 days, pending the re- entry shall be Agana or such other port ceipt of the permit. as may be satisfactory to the inspec- (c) Application may be mader by tor. Such importations may be made telegraph, in which case the informa- without the submission of a notice of tion required above must be furnished. arrival inasmuch as there is available (Approved by the Office of Management and to the inspector the essential informa- Budget under control number 0579–0049) tion normally supplied by an importer at the time of importation. The re- [24 FR 10788, Dec. 29, 1959, as amended at 48 quirements of §§ 319.55–6 and 319.55–7 FR 57466, Dec. 30, 1983] shall not apply. Inspections of such im- § 319.55–3 Ports of entry. portations may be made under the general authority of § 330.105(a) of this (a) For importations of seed or paddy chapter. If an importation is found in- rice from the Republic of Mexico, per- fected, infested, or contaminated by mits will be issued for entry through any plant pest and is not subject to dis- Mexican border ports and such other posal under this part, disposition may ports as may later be approved by the be made in accordance with § 330.106 of Plant Protection and Quarantine Pro- this chapter. grams. (b) For importations of rice straw RULES AND REGULATIONS and rice hulls from all foreign countries, permits will be issued for entry § 319.55–1 Definitions. at New York and Boston and at such (a) Seed or paddy rice. Unhusked rice other ports as may later be approved in the form commonly used for seed by the Plant Protection and Quar- purposes; the regulations in this sub- antine Programs. part do not apply to husked or polished (c) Pending development of adequate rice imported for food purposes. treating facilities in Guam, seed or (b) Port of first arrival. The first port paddy rice, rice straw, and rice hulls within the United States where the that are subject to treatment as a con- shipment is (1) offered for consumption dition of entry therein must first be entry or (2) offered for entry for imme- entered and treated in accordance with diate transportation in bond. the requirements of this subpart at a

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United States port of arrival where quired treatment has been given. such treating facilities are available. Should any shipment of such seed or (d) Should a shipment requiring paddy rice be found to be so infested treatment arrive at a port where facili- with insect pests or infected with plant ties for such treatment are not main- diseases that, in the judgment of the tained, such shipment shall either be inspector, it cannot be cleaned by dis- promptly shipped under safeguards and infection or other treatment, the en- by routing prescribed by the inspector tire shipment may be refused entry. to an approved port where facilities for (b) Rice straw and rice hulls. (1) As a treatment are available, or it shall be condition of entry, rice straw and rice refused entry. hulls shall be subject to inspection and to treatment at the port of arrival, § 319.55–4 Issuance of permits. under the supervision of the inspector, Upon receipt of an application and by methods and at plants approved by upon approval by an inspector a permit the Plant Protection and Quarantine will be issued specifying the conditions Programs and, as a further condition of of entry and the port of entry to carry entry, in order to permit effective out the purposes of this subpart, and a treatment, the contents of packages or copy will be supplied to the importer. bales shall not be compressed to a density of more than 30 pounds per cubic § 319.55–5 Notice of arrival by per- foot. Rice straw and rice hulls will be mittee. admitted only at ports where adequate Immediately upon the arrival of a facilities are available for such treat- shipment at the port of first arrival, ment. The required treatment must be the permittee or his agent shall submit given within 20 days after arrival, but a notice, in duplicate, to the Plant Pro- if any shipment of rice straw or rice tection and Quarantine Programs, hulls shall be found upon arrival to be through the United States Collector of dangerously infested or infected the in- Customs, or, in the case of Guam, spector may direct immediate treat- through the Customs officer of the ment under adequate safeguards; and, Government of Guam, on a form pro- if the treatment and safeguards are not vided for that purpose, stating the put into effect as directed, the ship- number of the permit, the quantity in ment shall be removed from the coun- the shipment, the locality where try immediately or destroyed. grown, the date of arrival, and, if by (2) Unless, within 20 days after the rail, the name of the railroad company, date of arrival of a shipment at the the car numbers, and the terminal port at which the formal entry was where the shipment is to be unloaded, filed, the importation has received the or, if by vessel, the name of the vessel required treatment, due notice of and the designation of the dock where which shall be given to the collector of the shipment is to be landed. customs by the inspector, demand will (Approved by the Office of Management and be made by the collector for redelivery Budget under control number 0579–0049) of the shipment into customs custody [24 FR 10788, Dec. 29, 1959, as amended at 48 under the terms of the entry bond, and, FR 57466, Dec. 30, 1983] if such redelivery is not made, the shipment shall be removed from the coun- § 319.55–6 Inspection and disinfection try or destroyed. at port of arrival. (c) General. (1) All charges for stor- (a) Paddy rice. All importations of age, cartage, and labor incident to in- seed or paddy rice from Mexico shall be spection and disinfection, other than subject, as a condition of entry, to such the services of the inspector, shall be inspection or disinfection, or both, at paid by the importer. the port of arrival, as shall be required (2) All shipments shall be so baled, by the inspector, and to the delivery to bagged, or wrapped as to prevent scat- the collector of customs by the inspec- tering or wastage. If, in the judgment tor of a written notice that the seed or of the inspector, a shipment is not so paddy rice has been inspected and bagged, baled, or wrapped, it shall be found to be apparently free from plant reconditioned at the expense of the per- diseases and insect pests or that the re- mittee or entry may be refused.

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§ 319.55–7 Importations by mail. Administrator. The Administrator of the Animal and Plant Health Inspec- Sections 319.55–2 to 319.55–6, inclusive, provide for importations other- tion Service, United States Depart- wise than through the mails. Importa- ment of Agriculture, or any other em- tions of seed or paddy rice from Mex- ployee of the United States Depart- ico, and of rice straw and rice hulls ment of Agriculture delegated to act in from all foreign countries and local- his or her stead. ities, may be made by mail, Provided APHIS. The Animal and Plant Health (a) That a permit has been issued for Inspection Service, United States De- the importation in accordance with partment of Agriculture. §§ 319.55–2, 319.55–4, and (b) That each Commercial consignment. A lot of shipment is accompanied from the for- fruits or vegetables that an inspector eign mailing point by a special mailing identifies as having been imported for tag directing the package to a Plant sale and distribution. Such identifica- Protection and Quarantine Programs tion will be based on a variety of indi- inspection station for inspection and, if cators, including, but not limited to: necessary, for treatment, before being Quantity of produce, type of pack- released to the mails for delivery to aging, identification of grower or pack- the importer, unless entry is refused in inghouse on the packaging, and docu- accordance with the provisions of ments consigning the fruits or vegeta- § 319.55–6. The special mailing tags will bles to a wholesaler or retailer. be furnished on request to the importer for transmission in advance to his for- Commodity. A type of plant, plant eign shipper. product, or other regulated article being moved for trade or other purpose. (Approved by the Office of Management and Consignment. A quantity of plants, Budget under control number 0579–0049) plant products, and/or other articles, [24 FR 10788, Dec. 29, 1959, as amended at 48 including fruits or vegetables, being FR 57466, Dec. 30, 1983] moved from one country to another and covered, when required, by a single Subpart—Fruits and Vegetables phytosanitary certificate (a consignment may be composed of one or more SOURCE: 72 FR 39501, July 18, 2007, unless commodities or lots). otherwise noted. Country of origin. Country where the plants from which the plant products § 319.56–1 Notice of quarantine. are derived were grown. (a) Under section 412(a) of the Plant Cucurbits. Any plants in the family Protection Act, the Secretary of Agri- Cucurbitaceae. culture may prohibit or restrict the Field. A plot of land with defined importation and entry of any plant or boundaries within a place of production plant product if the Secretary deter- on which a commodity is grown. mines that the prohibition or restric- Frozen fruit or vegetable. Any variety tion is necessary to prevent the intro- of raw fruit or vegetable preserved by duction into the United States or the commercially acceptable freezing dissemination within the United States methods in such a way that the com- of a plant pest or noxious weed. modity remains at ¥6.7 °C (20 °F) or (b) The Secretary has determined below for at least 48 hours prior to re- that it is necessary to prohibit the importation 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

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Commissioner of the Bureau of Cus- pests, or to limit the economic impact toms and Border Protection, Depart- of regulated non-quarantine pests. ment of Homeland Security, to enforce Place of production. Any premises or the regulations in this subpart. collection of fields operated as a single Lot. A number of units of a single production or farming unit. This may commodity, identifiable by its homo- include a production site that is sepa- geneity of composition and origin, rately managed for phytosanitary pur- forming all or part of a consignment. poses. National plant protection organization Plant litter and debris. Discarded or (NPPO). Official service established by decaying organic matter; detached a government to discharge the func- leaves, twigs, or stems that do not add tions specified by the International Plant Protection Convention. commercial value to the product. Noncommercial consignment. A lot of Port of first arrival. The first port fruits or vegetables that an inspector within the United States where a con- identifies as having been imported for signment is offered for consumption personal use and not for sale. entry or offered for entry for imme- Permit. A written, oral, or electroni- diate transportation in bond. cally transmitted authorization to im- Portions of plants. Stalks or stems, in- port fruits or vegetables in accordance cluding the pediculus, pedicel, with this subpart. peduncle, raceme, or panicle, that are Phytosanitary certificate. A document, normally attached to fruits or vegeta- including electronic versions, that is bles. related to a consignment and that: Production site. A defined portion of a (1) Is patterned after the model cer- place of production utilized for the pro- tificate of the International Plant Pro- duction of a commodity that is man- tection Convention (IPPC), a multilat- aged separately for phytosanitary pur- eral convention on plant protection poses. This may include the entire under the authority of the Food and place of production or portions of it. Agriculture Organization of the United Examples of portions of places of pro- Nations (FAO); duction are a defined orchard, grove, (2) Is issued by an official of a foreign field, or premises. national plant protection organization in one of the five official languages of Quarantine pest. A pest of potential the FAO; economic importance to the area en- (3) Is addressed to the plant protec- dangered by it and not yet present tion service of the United States (Ani- there, or present but not widely dis- mal and Plant Health Inspection Serv- tributed there and being officially con- ice); trolled. (4) Describes the consignment; United States. All of the States of the (5) Certifies the place of origin for all United States, the Commonwealth of contents of the consignment; Northern Mariana Islands, the Com- (6) Certifies that the consignment monwealth of Puerto Rico, the District has been inspected and/or tested ac- of Columbia, Guam, the Virgin Islands cording to appropriate official proce- of the United States, and any other dures and is considered to be free from territory or possession of the United quarantine pests of the United States; States. (7) Contains any additional declara- West Indies. The foreign islands lying tions required by this subpart; and between North and South America, the (8) Certifies that the consignment Caribbean Sea, and the Atlantic Ocean, conforms with the phytosanitary re- divided into the Bahamas, the Greater quirements of the United States and is Antilles (including Hispaniola), and the considered eligible for importation pursuant to the laws and regulations of Lesser Antilles (including the Leeward the United States. Islands, the Windward Islands, and the Phytosanitary measure. Any legisla- islands north of Venezuela). tion, regulation, or official procedure [72 FR 39501, July 18, 2007, as amended at 73 having the purpose to prevent the in- FR 10972, Feb. 29, 2008] troduction and/or spread of quarantine

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§ 319.56–3 General requirements for all (i) By mail. Persons who wish to apply imported fruits and vegetables. by mail for a permit to import fruits or All fruits and vegetables that are al- vegetables into the United States must lowed importation under this subpart submit their application to the Animal and Plant Health Inspection Service, must be imported in accordance with Plant Protection and Quarantine, Per- the following requirements, except as mit Services, 4700 River Road Unit 136, specifically provided otherwise in this Riverdale, MD 20737–1236. subpart. (ii) Via the Internet. Persons who wish (a) Freedom from unauthorized plant to apply for a permit to import fruits . All fruits and vegetables im- parts or vegetables into the United States ported under this subpart, whether in via the internet must do so using commercial or noncommercial consign- APHIS Plant Protection and Quar- ments, must be free from plant litter antine’s permit Web site at http:// or debris and free of any portions of www.aphis.usda.gov/plantlhealth/per- plants that are specifically prohibited mits/index.shtml. in the regulations in this subpart. (iii) By fax. Persons who wish to (b) Permit. (1) All fruits and vegeta- apply by fax for a permit to import bles imported under this subpart, fruits or vegetables into the United whether commercial or noncommercial States must do so by faxing their appli- consignments, must be imported under cation to: Animal and Plant Health In- permit issued by APHIS, must be im- spection Service, Plant Protection and ported under the conditions specified in Quarantine, Permit Services, (301) 734– the permit, and must be imported in 5786. accordance with all applicable regula- (3) Issuance of permits. If APHIS ap- tions in this part; except for: proves a permit application, APHIS (i) Dried, cured, or processed fruits will issue a permit specifying the con- and vegetables (except frozen fruits and ditions applicable to the importation vegetables), including cured figs and of the fruit or vegetable. dates, raisins, nuts, and dried beans (4) Issuance of oral permits. Oral per- and peas, except certain acorns and mits may be issued at ports of entry chestnuts subject to § 319.56–11 of this for noncommercial consignments if the subpart; commodity is admissible with inspec- (ii) Fruits and vegetables grown in tion only. Oral permits may be issued Canada (except potatoes from New- for commercial consignments of fruits foundland and that portion of the Mu- and vegetables that are not accom- nicipality of Central Saanich in the panied by a written permit upon ar- Province of British Columbia east of rival in the United States if all appli- the West Saanich Road, which are pro- cable entry requirements are met and hibited importation into the United proof of application for a written per- States); and mit is supplied to an inspector. (iii) Fruits and vegetables, except (5) Amendment, denial, or withdrawal mangoes, grown in the British Virgin of permits. The Administrator may Islands that are imported into the U.S. amend, deny, or withdraw a permit at Virgin Islands. any time if he or she determines that (2) Applying for a permit. Permit ap- conditions exist that present an unac- plications must be submitted in writ- ceptable risk of the fruit or vegetable ing or electronically as provided in this introducing quarantine pests or nox- paragraph and must be submitted in ious weeds into the United States. If advance of the proposed importation. the withdrawal is oral, the withdrawal Applications must state the country or of the permit and the reasons for the locality of origin of the fruits or vege- withdrawal will be confirmed in writ- tables, the anticipated port of first ar- ing as promptly as circumstances rival, the name and address of the im- allow. porter in the United States, and the (6) Appeals. Any person whose permit identity (scientific name preferred) and has been amended, denied, or with- quantity of the fruit or vegetable. Use drawn may appeal the decision in writ- of PPQ Form 587 or Internet applica- ing to the Administrator within 10 days tion is preferred. after receiving the written notification

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of the decision. The appeal must state plant pest or noxious weed, or evidence all of the facts and reasons upon which of a plant pest or noxious weed on or in the person relies to show that the per- any fruit or vegetable or its container, mit was wrongfully amended, denied, or finds that the fruit or vegetable may or withdrawn. The Administrator will have been associated with other arti- grant or deny the appeal, in writing, cles infested with plant pests or nox- stating the reasons for granting or de- ious weeds, the owner or agent of the nying the appeal, as promptly as cir- owner of the fruit or vegetable must cumstances permit. If there is a con- clean or treat the fruit or vegetable flict as to any material fact and the and its container as required by an in- person who has filed an appeal requests spector, and the fruit or vegetable is a hearing, a hearing will be held to re- also subject to reinspection, cleaning, solve the conflict. Rules of practice and treatment at the option of an in- concerning the hearing will be adopted spector at any time and place until all by the Administrator. The permit applicable requirements of this subpart withdrawal will remain in effect pend- have been accomplished. ing resolution of the appeal or the (1) Notice of arrival; assembly for in- hearing. spection. Any person importing fruits (c) Ports of entry. (1) Fruits and vege- and vegetables into the United States tables must be imported into specific must offer those agricultural products ports if so required by this subpart or for inspection and entry at the port of by part 305 of this chapter, or if so re- first arrival. The owner or agent must quired by a permit issued under para- assemble the fruits and vegetables for graph (b) of this section for the impor- inspection at the port of first arrival, tation of the particular fruit or vege- or at any other place designated by an table. If a permit issued for the impor- inspector, and in a manner designated tation of fruits or vegetables names by the inspector. All fruits and vegeta- specific port(s) where the fruits or bles must be accurately disclosed and vegetables must be imported, the fruits made available to an inspector for ex- and vegetables may only be imported amination. The owner or the agent into the port(s) named in the permit. If must provide an inspector with the a permit issued for the importation of name and address of the consignee and fruits or vegetables does not name spe- must make full disclosure of the type, cific port(s) where the fruits or vegeta- quantity, and country and locality of bles must be imported, the fruits and origin of all fruits and vegetables in vegetables may be imported into any the consignment, either orally for non- port referenced in paragraph (c)(2) of commercial consignments or on an in- this section. voice or similar document for commer- (2) Fruits and vegetables imported cial consignments. under this subpart may be imported 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 § 305.15 of this hibited contaminants, the entire lot or 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 subject to such disinfection at the port port of first arrival unless an inspector of first arrival as may be required by has either: an inspector, and are subject to rein- (i) Released it; spection at other locations at the op- (ii) Ordered treatment at the port of tion of an inspector. If an inspector first arrival and, after treatment, re- finds plants or portions of plants, or a leased the fruit or vegetable;

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(iii) Authorized movement of the § 319.56–4 Approval of certain fruits fruit or vegetable to another location and vegetables for importation. for treatment, further inspection, or (a) Determination by the Administrator. destruction; or The Administrator has determined (iv) Ordered the fruit or vegetable to that the application of one or more of be reexported. the designated phytosanitary measures (4) Notice to owner of actions ordered by cited in paragraph (b) of this section to inspector. If an inspector orders any dis- certain imported fruits and vegetables infection, cleaning, treatment, re- mitigates the risk posed by those com- exportation, recall, destruction, or modities, and that such fruits and other action with regard to imported vegetables may be imported into the fruits or vegetables while the consign- United States subject to one or more of ment is in foreign commerce, the in- those measures, as provided in para- spector will issue an emergency action graphs (c) and (d) of this section. The notification (PPQ Form 523) to the name and origin of all fruits and vege- owner of the fruits or vegetables or to tables authorized importation under the owner’s agent. The owner must, this section, as well as the applicable within the time and in the manner requirements for their importation, specified in the PPQ Form 523, destroy may be found on the Internet at http:// the fruits and vegetables, ship them to www.aphis.usda.gov/importlexport/ a point outside the United States, plants/manuals/ports/downloads/fv.pdf. move them to an authorized site, and/ Commodities that require or apply treatments or other safe- phytosanitary measures other than one guards to the fruits and vegetables as or more of the designated prescribed to prevent the introduction phytosanitary measures cited in para- of plant pests or noxious weeds into the graph (b) of this section may only be United States. imported in accordance with applicable (e) Costs and charges. APHIS will be requirements in § 319.56–3 and com- responsible only for the costs of pro- modity-specific requirements con- viding the services of an inspector dur- tained elsewhere in this subpart. ing regularly assigned hours of duty (b) Designated phytosanitary measures. and at the usual places of duty. 1 The (1) Fruits or vegetables are subject to owner of imported fruits or vegetables inspection upon arrival in the United is responsible for all additional costs of States and comply with all applicable inspection, treatment, movement, stor- provisions of § 319.56–3. age, destruction, or other measures or- (2) The fruits or vegetables are im- dered by an inspector under this sub- ported from a pest-free area in the part, including any labor, chemicals, country of origin and are accompanied packing materials, or other supplies re- by a phytosanitary certificate stating quired. APHIS will not be responsible that the fruits or vegetables originated for any costs or charges, other than in a pest-free area in the country of or- those identified in this section. igin. (f) APHIS not responsible for damage. (3) The fruits or vegetables are treat- APHIS assumes no responsibility for ed in accordance with part 305 of this any damage to fruits or vegetables that chapter. results from the application of treat- (4) The fruits or vegetables are in- ments or other measures required spected in the country of origin by an under this subpart (or under part 305 of inspector or an official of the national this chapter) to protect against the in- plant protection organization of the ex- troduction of plant pests into the porting country, and have been found United States. free of one or more specific quarantine (Approved by the Office of Management and pests identified by risk analysis as Budget under control number 0579–0049) likely to follow the import pathway. [72 FR 39501, July 18, 2007, as amended at 73 (5) The fruits or vegetables are im- FR 10972, Feb. 29, 2008] ported as commercial consignments only. 1 Provisions relating to costs for other (c) Fruits and vegetables authorized im- services of an inspector are contained in part portation under this section. (1) Pre- 354 of this chapter. viously approved fruits and vegetables.

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Fruits and vegetables that were au- (2) Pest freedom. No quarantine pests thorized importation under this sub- are known to be associated with the part either directly by permit or by fruit or vegetable in the country or re- specific regulation as of August 17, 2007 gion of origin, or a quarantine pest is and that were subject only to one or associated with the commodity in the more of the designated phytosanitary country or region of origin but the measures cited in paragraph (b) of this commodity originates from an area in section and the general requirements the country or region that meets the of § 319.56–3, may continue to be im- requirements of § 319.56–5 for freedom ported into the United States under from that pest; the same requirements that applied be- (3) Effectiveness of treatment. A quar- fore August 17, 2007, except as provided antine pest is associated with the fruit in paragraph (d) of this section. or vegetable in the country or region of (2) Other fruits and vegetables. Fruits origin, but the risk posed by the pest and vegetables that do not meet the can be reduced by applying an approved criteria in paragraph (c)(1) of this sec- post-harvest treatment to the fruit or tion may be authorized importation vegetable. under this section as follows: (4) Pre-export inspection. A quarantine (i) Pest risk analysis. The risk posed pest is associated with the commodity 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- (A) Availability of pest risk analysis. tificate that contains an additional APHIS published in the FEDERAL REG- declaration that the commodity has ISTER, for 60 days public comment, a been inspected and found free of such 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 mitigated by one or more of the fol- and the Administrator’s determination lowing factors: of risk. (1) Inspection. A quarantine pest is as- (d) Amendment of import requirements. sociated with the commodity in the If, after August 17, 2007, the Adminis- country or region of origin, but the trator determines that one or more of pest can be easily detected via inspec- the designated phytosanitary measures tion; is not sufficient to mitigate the risk

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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 priate, APHIS would begin issuing per- on the subject. 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: (i) No comments were received on the § 319.56–5 Pest-free areas. 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 specific pest or pests. In some cases, (d) Decertification of pest-free areas; re- 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 for Phytosanitary Measures No. 4, vegetables that is imported into the ‘‘Requirements for the establishment United States from a pest-free area of pest free areas.’’ The international under this subpart must be clearly la- standard was established by the Inter- beled with: national Plant Protection Convention (i) The name of the orchard or grove of the United Nations’ Food and Agri- of origin, or the name of the grower; culture Organization and is incor- and porated by reference in § 300.5 of this chapter. (ii) The name of the municipality and (b) Survey protocols. APHIS must ap- State in which the fruits or vegetables prove the survey protocol used to de- were produced; and termine and maintain pest-free status, (iii) The type and amount of fruit the as well as protocols for actions to be box contains. performed upon detection of a pest. (2) Phytosanitary certificate. A Pest-free areas are subject to audit by phytosanitary certificate must accom- APHIS to verify their status. pany the imported fruits or vegetables, (c) Determination of pest freedom. (1) and must contain an additional dec- For an area to be considered free of a laration that the fruits originate from

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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 with an ap- porting country. These costs will in- proved treatment listed in part 305 of clude administrative expenses incurred this chapter. in conducting the services and all sala- (iii) Allium (without tops), arti- ries (including overtime and the Fed- chokes, bananas, bell peppers, cabbage, eral share of employee benefits), travel carrots, celery, Chinese cabbage, citrus expenses (including per diem expenses), fruits, eggplant, grapes, lettuce, mel- and other incidental expenses incurred ons, okra, parsley, peas, persimmons, by the inspectors in performing serv- potatoes, rhubarb, squash (Cucurbita ices. The agreement must require the maxima), stone and pome fruits, string NPPO of the exporting country or re- beans, sweetpotatoes, tomatoes, turnip gion or a private export group to de- greens, turnips, and watermelons from posit a certified or cashier’s check with Japan and Korea. APHIS for the amount of those costs, (iv) Leafy vegetables, celery, and po- as estimated by APHIS. The agreement tatoes from the Philippine Islands.

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(v) Carrots (without tops), celery, let- Guam will not be regarded as meeting tuce, peas, potatoes, and radishes § 319.56–3(a). (without tops) from Australia. (c) Importation of fruits and vegetables (vi) Arrowroot, asparagus, bean into the U.S. Virgin Islands. (1) Fruits sprouts, broccoli, cabbage, carrots and vegetables grown in the British (without tops), cassava, cauliflower, Virgin Islands may be imported into celery, chives, cow-cabbage, dasheen, the U.S. Virgin Islands in accordance garlic, gingerroot, horseradish, kale, with § 319.56–3, except that: 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 §§ 319.56–8—319.56–9 [Reserved] tops), celery, lettuce, and radishes (without tops) from Thailand. § 319.56–10 Importation of fruits and (x) Green corn on the cob. vegetables from Canada. (xi) All other fruits and vegetables (a) General permit for fruits and vegeta- approved for entry into any other part bles grown in Canada. Fruits and vege- or port of the United States, and ex- tables grown in Canada and offered for cept any which are specifically des- entry into the United States will be ignated in this subpart as not ap- subject to the inspection, treatment, proved. and other requirements of § 319.56–3(d), (2) An inspector in Guam may accept but may otherwise be imported into an oral application and issue an oral the United States without restriction permit for products listed in paragraph under this subpart; provided, that: (a) of this section, which is deemed to (1) Consignments of Allium spp. con- fulfill the requirements of § 319.56–3(b) sisting of the whole plant or above of this subpart. The inspector may ground parts must be accompanied by a waive the documentation required in phytosanitary certificate issued by the § 319.56–3 for such products whenever national plant protection organization the inspector finds that information of Canada with an additional declara- available from other sources meets the tion stating that the articles are free requirements under this subpart for from Acrolepipsis assectella (Zeller). the information normally supplied by (2) Potatoes from Newfoundland and such documentation. that portion of the Municipality of (3) The provisions of § 319.56–11 do not Central Saanich in the Province of apply to chestnuts and acorns imported British Columbia east of the West into Guam, which are enterable into Saanich Road are prohibited importa- Guam without permit or other restriction into the United States in accord- tion under this subpart. If chestnuts or ance with § 319.37–2 of this part. acorns imported under this paragraph (b) [Reserved] are found infected, infested, or con- (Approved by the Office of Management and taminated with any plant pest and are Budget under control number 0579–0316) not subject to disposal under this subpart, disposition may be made in ac- § 319.56–11 Importation of dried, cordance with § 330.106 of this chapter. cured, or processed fruits, vegeta- (4) Baskets or other containers made bles, nuts, and legumes. of coconut fronds are not approved for (a) Dried, cured, or processed fruits use as containers for fruits and vegeta- and vegetables (except frozen fruits and bles imported into Guam. Fruits and vegetables), including cured figs and vegetables in such baskets or con- dates, raisins, nuts, and dried beans tainers offered for importation into and peas, may be imported without

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permit, phytosanitary certificate, or portation into the United States unless other compliance with this subpart, ex- the macadamia nuts were produced in, cept as specifically provided otherwise and imported from, St. Eustatius. 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 shipped from Canada and Mexico, must vegetables must be held at a tempera- ° be imported into the United States ture not higher than 20 F during ship- under permit, and subject to all the re- ping and upon arrival in the United quirements of § 319.56–3, and must be States, and in accordance with the retreated with an approved treatment quirements for importing frozen fruits listed in part 305 of this chapter. 2 and vegetables in part 305 of this chap- (2) From Canada and Mexico. Acorns ter. Paragraph (b) of § 305.17 lists frozen and chestnuts grown in and shipped fruits and vegetables for which quick from Canada and Mexico for purposes freezing is not an authorized treat- other than propagation may be im- ment. ported in accordance with paragraph (a) of this section. § 319.56–13 Fruits and vegetables al- (3) For propagation. Acorns and chest- lowed importation subject to speci- nuts from any country may be im- fied conditions. ported for propagation only in accord- (a) The following fruits and vegeta- ance with the applicable requirements bles may be imported in accordance in §§ 319.37 through 319.37–14 of this with § 319.56–3 and any additional re- part. quirements specified in paragraph (b) (c) Macadamia nuts. Macadamia nuts of this section. in the husk or shell are prohibited im-

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). 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).

2 Acorns and chestnuts imported into Guam are subject to the requirements of § 319.56–7(b). 356

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

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, asparagus 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). 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.

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

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. 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).

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

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

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

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certification and reexamination at the exporting country on Honshu Island or port of departure prior to exportation. north thereof. (vi) Only the Tahiti Queen cultivar (xiii) Only precleared consignments and varieties which are at least 50 per- that have been treated with an ap- cent smooth Cayenne by lineage are proved treatment listed in 7 CFR part admissible. The importer or the im- 305 are authorized. The consignment porter’s agent must provide the inspec- must be accompanied by a PPQ Form tor with documentation that estab- 203 signed by the APHIS inspector on lishes the variety’s lineage. This docu- site in the exporting country. ment is necessary only with the first (xiv) Must be accompanied by a importation. phytosanitary certificate issued by the (vii) Prohibited from the Palestinian national plant protection organization controlled portions of the West Bank of Israel that declares ‘‘These tomatoes and Gaza Strip; otherwise, must be ac- were grown in registered greenhouses companied by a phytosanitary certifi- in the Arava Valley of Israel.’’ cate which declares that the melons (xv) Must be treated with an ap- were grown in approved areas in the proved treatment listed in 7 CFR part Arava Valley or the Kadesh–Barnea 305. area of Israel, the fields where the mel- (xvi) Must be accompanied by a ons were grown were inspected prior to phytosanitary certificate issued by the harvest, and the melons were inspected national plant protection organization prior to export and found free of pests. of the country of origin and with an ad- (viii) Prohibited from the Palestinian ditional declaration stating that the controlled portions of the West Bank fruit is free from Cnephasia jactatana, 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 of the exporting country that includes (Approved by the Office of Management and a declaration certifying that the prod- Budget under control numbers 0579–0049, 0579–0236, 0579–0264, 0579–0316, and 0579–0351) ucts were grown and packed in the exporting country. [24 FR 10788, Dec. 29, 1959, as amended at 72 (xi) Must be accompanied by a FR 48547, Aug. 24, 2007; 73 FR 10972, Feb. 29, 2008; 74 FR 23611, May 20, 2009; 74 FR 56525, phytosanitary certificate issued by the Nov. 2, 2009] national plant protection organization of the exporting country that includes §§ 319.56–14—319.56–19 [Reserved] a declaration certifying that the products 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.

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(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 moths) 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 an treatment for the following fruit flies approved treatment listed in part 305 of if they are imported from an area in this chapter. Australia that meets the requirements of § 319.56–5 for pest freedom: Medi- (c) Importations into areas north of the terranean fruit fly (Ceratitis capitata), 38th parallel. Okra may be imported the Queensland fruit fly (Dacus tryoni), into Alaska, Colorado, Connecticut, Bactrocera jarvisi, and B. neohumeralis. Delaware, Hawaii, Idaho, Indiana, (3) Apples and pears from Australia Iowa, Kansas, Maine, Maryland, Massa- that do not originate from an area that chusetts, Michigan, Minnesota, Mon- is free of fruit flies must be treated for tana, Nebraska, New Hampshire, New such pests in accordance with part 305 Jersey, New York, North Dakota, Ohio, of this chapter. If an authorized treat- Oregon, Pennsylvania, Rhode Island, ment does not exist for a specific fruit South Dakota, Utah, Vermont, Wash- fly, the importation of such apples and ington, West Virginia, Wisconsin, Wyo- pears is prohibited. ming, the District of Columbia, or the U.S. Virgin Islands, or any part of Illi- § 319.56–21 Okra from certain coun- nois, Kentucky, Missouri, or Virginia, tries. north of the 38th parallel, subject to Okra from Brazil, Colombia, Ecuador, the requirements of § 319.56–3. Guyana, Mexico, Peru, Suriname, Ven- (d) Importations into areas of California ezuela, and the West Indies may be im- that are not pink bollworm generally in- ported into the United States in ac- fested or suppressive areas. (1) During cordance with this section and all January 1 through March 15, inclusive, other applicable provisions of this sub- okra may be imported into California part. subject to the requirements of § 319.56– (a) Importations into pink bollworm 3. generally infested or suppressive areas in (2) During March 16 through Decem- the United States. Okra may be im- ber 31, inclusive, okra may be imported ported into areas defined in § 301.52–2a into California if it is treated for the as pink bollworm generally infested or pink bollworm in accordance with an suppressive areas, provided the okra is approved treatment listed in part 305 of imported in accordance with the re- this chapter.

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(e) Imports from Andros Island of the vested from that orchard during that Bahamas. Okra produced on Andros Is- growing season for shipment to the land, Commonwealth of the Bahamas, United States. may be imported into the United (2) The apples or pears must be iden- States in accordance with § 319.56–3. 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

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part 305 of this chapter is available, the orchard for the remainder of the ship- 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

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inspection unit in accordance with the country when, in one shipping season, 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 inspection 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 retreated 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) Authorized treatments are listed crements of 20 inspection units by in- in part 305 of this chapter. creasing the number of rejected inspec- (h) Inspection in the United States. tion units by 2. Notwithstanding provisions to the con- (2) Termination because of findings trary in paragraphs (c) and (d) of this of other plant pests. The preclearance section, the Administrator may allow program will be terminated with a apples or pears imported under this

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

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

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truck for shipment to the United cartons must be placed in shipping con- States. tainers. (2) Each consignment of lettuce must (8) The packaging safeguards re- be accompanied by a phytosanitary quired by paragraph (b)(7) of this sec- certificate issued by the Israeli nation must remain intact at all times tional plant protection organization during the movement of the peppers to stating that the conditions of para- the United States and must be intact graph (a)(1) of this section have been upon arrival of the peppers in the met. United States. (b) Peppers (fruit) (Capsicum spp.) (9) Each consignment of peppers must from Israel may be imported into the be accompanied by a phytosanitary United States only under the following certificate issued by the Israeli na- conditions: tional plant protection organization (1) The peppers have been grown in stating that the conditions of para- the Arava Valley by growers registered graphs (b)(1) through (b)(7) of this sec- with the Israeli Department of Plant tion have been met. 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 Brazil. the harvest of backyard host material The Solo type of papaya may be im- in residential areas and shall continue through harvest. ported into the continental United States, Alaska, Puerto Rico, and the (3) The peppers have been grown in U.S. Virgin Islands only in accordance insect-proof plastic screenhouses ap- with this section and all other applica- proved by the DPPI and APHIS. Houses ble provisions of this subpart. shall be examined periodically by DPPI or APHIS personnel for tears in either (a) The papayas were grown and plastic or screening. packed for shipment to the United (4) Trapping for Mediterranean fruit States in one of the following loca- fly (Medfly) shall be conducted by tions: DPPI throughout the year in the agri- (1) Brazil: State of Espirito Santo; all cultural region along Arava Highway areas in the State of Bahia that are be- 90 and in the residential area of Paran. tween the Jequitinhonha River and the The capture of a single Medfly in a border with the State of Espirito Santo 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. or in non-insect-proof cartons that are (5) Honduras: Departments of covered by insect-proof mesh or plastic Comayagua, Corte´s, and Santa tarpaulins; covered non-insect-proof Ba´ rbara.

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(6) Nicaragua: Departments of Carazo, were taken to control the Medfly popu- Granada, Leon, Managua, Masaya, and lation in the production area. The Rivas. NPPO kept records of fruit fly finds for (7) Panama: Provinces of Cocle, Her- each trap, updated the records each rera, and Los Santos; Districts of time the traps were checked, and made Aleanje, David, and Dolega in the Prov- the records available to APHIS inspec- ince of Chiriqui; and all areas in the tors upon request. The records were Province of Panama that are west of maintained for at least 1 year. the Panama Canal. (i) If the average Jackson trap catch (b) Beginning at least 30 days before exceeds 14 Medflies per trap per week, harvest began and continuing through importations of papayas from that pro- the completion of harvest, all trees in duction area must be halted until the the field where the papayas were grown rate of capture drops to an average of were kept free of papayas that were 7 or fewer Medflies per trap per week. one-half or more ripe (more than one- (j) In the State of Espirito Santo, fourth of the shell surface yellow), and Brazil, if the average McPhail trap all culled and fallen fruits were buried, catch was greater than seven South destroyed, or removed from the farm at American fruit flies (Anastrepha least twice a week. fraterculus) per trap per week, measures (c) The papayas were held for 20 min- were taken to control the South Amer- utes in hot water at 48 °C (118.4 °F). ican fruit fly population in the produc- (d) When packed, the papayas were tion area. If the average McPhail trap less than one-half ripe (the shell sur- catch exceeds 14 South American fruit face was no more than one-fourth yel- flies per trap per week, importations of low, surrounded by light green), and papayas from that production area appeared to be free of all injurious in- must be halted until the rate of cap- sect pests. ture drops to an average of 7 or fewer (e) The papayas were safeguarded South American fruit flies per trap per from exposure to fruit flies from har- week. vest to export, including being pack- (k) All consignments must be accom- aged so as to prevent access by fruit panied by a phytosanitary certificate flies and other injurious insect pests. issued by the national Ministry of Ag- The package containing the papayas riculture stating that the papayas were does not contain any other fruit, in- grown, packed, and shipped in accord- cluding papayas not qualified for im- ance with the provisions of this sec- portation into the United States. tion. (f) All cartons in which papayas are packed must be stamped ‘‘Not for im- (Approved by the Office of Management and portation into or distribution in HI.’’ Budget under control number 0579–0128) (g) All activities described in paragraphs (a) through (f) of this section § 319.56–26 Melon and watermelon were carried out under the supervision from certain countries in South America. and direction of plant health officials of the national plant protection organi- (a) Cantaloupe and watermelon from zation (NPPO). Ecuador. Cantaloupe (Cucumis melo) and (h) Beginning at least 1 year before watermelon (fruit) (Citrullus lanatus) harvest begins and continuing through may be imported into the United the completion of harvest, fruit fly States from Ecuador only in accord- traps were maintained in the field ance with this paragraph and all other where the papayas were grown. The applicable provisions of this subpart: traps were placed at a rate of 1 trap per (1) The cantaloupe or watermelon hectare and were checked for fruit flies may be imported in commercial con- at least once weekly by plant health signments only. officials of the NPPO. Fifty percent of (2) The cantaloupe or watermelon the traps were of the McPhail type and must have been grown in an area where 50 percent of the traps were of the trapping for the South American Jackson type. If the average Jackson cucurbit fly (Anastrepha grandis) has trap catch was greater than seven been conducted for at least the pre- Medflies per trap per week, measures vious 12 months by the national plant

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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 requirements 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 (Approved by the Office of Management and west through Piedrahita (Novol) to Budget under control number 0579–0236) Pedro Carbo; or (v) Beginning in Guayaquil, the road § 319.56–27 Fuji variety apples from west through Progreso, Engunga, Japan and the Republic of Korea. Tugaduaja, and Zapotal to El Azucar. Fuji variety apples may be imported (4) The cantaloupe or watermelon into the United States from Japan and may not be moved into Alabama, the Republic of Korea only in accord- American Samoa, Arizona, California, ance with this section and all other ap- Florida, Georgia, Guam, Hawaii, Lou- plicable provisions of this subpart. isiana, Mississippi, New Mexico, Puerto (a) Treatment and fumigation. The ap- Rico, South Carolina, Texas, and the ples must be cold treated and then fu- U.S. Virgin Islands. The boxes in which migated, under the supervision of an the cantaloupe or watermelon is APHIS inspector, either in Japan or packed must be stamped with the name the Republic of Korea, for the peach of the commodity followed by the fruit moth (Carposina niponensis), the words ‘‘Not to be distributed in the fol- yellow peach moth (Conogethes lowing States or territories: AL, AS, punctiferalis), and the fruit tree spider AZ, CA, FL, GA, GU, HI, LA, MS, NM, mite (Tetranychus viennensis), in ac- PR, SC, TX, VI’’. cordance with part 305 of this chapter. (b) Cantaloupe, netted melon, vegetable (b) APHIS inspection. The apples must melon, winter melon, and watermelon be inspected upon completion of the from Peru. Cantaloupe, netted melon, treatments required by paragraph (a) vegetable melon, and winter melon of this section, prior to export from (Cucumis melo L. subsp. melo) and watermelon may be imported into the Japan or the Republic of Korea, by an United States from Peru only in ac- APHIS inspector and an inspector from cordance with this paragraph and all the national plant protection agency of other applicable requirements of this Japan or the Republic of Korea. The subpart: apples shall be subject to further dis- (1) The fruit may be imported in com- infection in the exporting country if mercial consignments only. plant pests are found prior to export. (2) The fruit must have been grown in Imported Fuji variety apples inspected an area of Peru considered by APHIS in Japan or the Republic of Korea are to be free of the South American also subject to inspection and disinfec- cucurbit fly, must be accompanied by a tion at the port of first arrival, as pro- phytosanitary certificate declaring its vided in § 319.56–3. (c) Trust fund agreements. The national plant protection agency of the 4 Information on the trapping program may exporting country must enter into a be obtained by writing to the Animal and Plant Health Inspection Service, Inter- trust fund agreement with APHIS in national Services, Stop 3432, 1400 Independ- accordance with § 319.56–6 before APHIS ence Avenue, SW., Washington, DC 20250– will provide the services necessary for 3432. Fuji variety apples to be imported into

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the United States from Japan or the within 2 kilometers of the find until Republic of Korea. the source of infestation is determined and the Medfly infestation is eradi- § 319.56–28 Tomatoes from certain cated; countries. (5) MAFF must maintain records of (a) Tomatoes (fruit) (Solanum trap placement, checking of traps, and lycopersicum) from Spain. Pink or red any Medfly captures, and must make tomatoes may be imported into the the records available to APHIS upon United States from Spain only in ac- request; cordance with this section and all (6) The tomatoes must be packed other applicable provisions of this sub- within 24 hours of harvest. They must part. 5 be safeguarded from harvest to export (1) The tomatoes must be grown in by insect-proof mesh screens or plastic the Almeria Province, the Murcia tarpaulins, including while in transit Province, or the municipalities of to the packinghouse and while await- Albun˜ ol and Carchuna in the Granada ing packaging. They must be packed in Province of Spain in greenhouses reg- insect-proof cartons or containers, or istered with, and inspected by, the covered by insect-proof mesh or plastic Spanish Ministry of Agriculture, Fish- tarpaulins for transit to the airport eries, and Food (MAFF); and subsequent export to the United (2) The tomatoes may be shipped only States. These safeguards must be in- from December 1 through April 30, intact upon arrival in the United States; clusive; and (3) Two months prior to shipping, and (7) MAFF is responsible for export continuing through April 30, MAFF certification inspection and issuance of must set and maintain Mediterranean phytosanitary certificates. Each con- fruit fly (Medfly) traps baited with signment of tomatoes must be accom- trimedlure inside the greenhouses at a panied by a phytosanitary certificate rate of four traps per hectare. In all issued by MAFF and bearing the dec- areas outside the greenhouses and laration, ‘‘These tomatoes were grown within 8 kilometers, including urban in registered greenhouses in Almeria and residential areas, MAFF must Province, the Murcia Province, or the place Medfly traps at a rate of four municipalities of Albun˜ ol and traps per square kilometer. All traps Carchuna in the Granada Province in must be checked every 7 days; Spain.’’ (4) Capture of a single Medfly in a (b) Tomatoes (fruit) (Solanum registered greenhouse will immediately lycopersicum) from France. Pink or red result in cancellation of exports from tomatoes may be imported into the that greenhouse until the source of in- United States from France only in ac- festation is determined, the Medfly in- cordance with this section and other festation is eradicated, and measures applicable provisions of this subpart. 6 are taken to preclude any future infes- (1) The tomatoes must be grown in tation. Capture of a single Medfly with- the Brittany Region of France in in 2 kilometers of a registered green- greenhouses registered with, and in- house will necessitate increasing trap spected by, the Service de la Protec- density in order to determine whether tion Vegetaux (SRPV); there is a reproducing population in (2) From June 1 through September the area. Capture of two Medflies with- 30, SRPV must set and maintain one in 2 kilometers of a registered green- Medfly trap baited with trimedlure in- house and within a 1-month time pe- side and one outside each greenhouse riod will result in cancellation of ex- and must check the traps every 7 days; ports from all registered greenhouses (3) Capture of a single Medfly inside or outside a registered greenhouse will 5 The surface area of a pink tomato is more immediately result in cancellation of than 30 percent but not more than 60 percent exports from that greenhouse until the pink and/or red. The surface area of a red tomato is more than 60 percent pink and/or source of the infestation is determined, red. Green tomatoes from Spain, France, Mo- rocco, and Western Sahara may be imported 6 See footnote 5 to paragraph (a) of this sec- in accordance with §§ 319.56–3 and 319.56–4. tion.

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the Medfly infestation is eradicated, tain Mediterranean fruit fly (Medfly) and measures are taken to preclude traps baited with trimedlure inside the any future infestation; greenhouses at a rate of four traps per (4) SRPV must maintain records of hectare. In Morocco, traps must also be trap placement, checking of traps, and placed outside registered greenhouses any Medfly captures, and must make within a 2-kilometer radius at a rate of them available to APHIS upon request; four traps per square kilometer. In (5) From June 1 through September Western Sahara, a single trap must be 30, the tomatoes must be packed within placed outside in the immediate prox- 24 hours of harvest. They must be safe- imity of each registered greenhouse. guarded by insect-proof mesh screen or All traps in Morocco and Western Sa- plastic tarpaulin while in transit to the hara must be checked every 7 days; packinghouse and while awaiting pack- (4) DPVCTRF must maintain records ing. They must be packed in insect- of trap placement, checking of traps, proof cartons or containers, or covered and any Medfly captures, and make the by insect-proof mesh screen or plastic records available to APHIS upon re- tarpaulin. These safeguards must be in- quest. The trapping records must be tact upon arrival in the United States; maintained for 1 year for APHIS re- and view; (6) SRPV is responsible for export (5) Capture of a single Medfly in a certification inspection and issuance of registered greenhouse will immediately phytosanitary certificates. Each con- result in cancellation of exports from signment of tomatoes must be accom- that greenhouse until the source of the panied by a phytosanitary certificate infestation is determined, the Medfly issued by SRPV and bearing the dec- infestation has been eradicated, and laration, ‘‘These tomatoes were grown measures are taken to preclude any fu- in registered greenhouses in the Brit- ture infestation. Capture of a single tany Region of France.’’ Medfly within 200 meters of a reg- (c) Tomatoes (fruit) (Solanum istered greenhouse will necessitate in- lycopersicum) from the provinces of El creasing trap density in order to deter- Jadida or Safi in Morocco and the prov- mine whether there is a reproducing ince of Dahkla in Western Sahara. Pink population in the area. Six additional tomatoes may be imported into the traps must be placed within a radius of United States from the provinces of El 200 meters surrounding the trap where Jadida or Safi in Morocco and the prov- the Medfly was captured. Capture of ince of Dahkla in Western Sahara only two Medflies within 200 meters of a reg- in accordance with this section and istered greenhouse and within a 1- other applicable provisions of this sub- month time period will necessitate part.7 Malathion bait sprays in the area every (1) The tomatoes must be grown in 7 to 10 days for 60 days to ensure eradi- the provinces of El Jadida or Safi in cation; Morocco or in the province of Dahkla (6) The tomatoes must be packed in Western Sahara in insect-proof within 24 hours of harvest and must be greenhouses registered with, and in- pink at the time of packing. They must spected by, the Moroccan Ministry of be safeguarded by an insect-proof mesh Agriculture, Division of Plant Protec- screen or plastic tarpaulin while in tion, Inspection, and Enforcement transit to the packinghouse and while (DPVCTRF); awaiting packing. They must be (2) The tomatoes may be shipped packed in insect-proof cartons or con- from Morocco and Western Sahara only tainers, or covered by insect-proof between December 1 and April 30, in- mesh or plastic tarpaulin for transit to clusive; the airport and export to the United (3) Beginning 2 months prior to the States. These safeguards must be in- start of the shipping season and contact upon arrival in the United States; tinuing through the end of the shipping and season, DPVCTRF must set and main- (7) The Moroccan Ministry of Agri- culture, Fresh Product Export 7 See footnote 5 to paragraph (a) of this sec- (EACCE) is responsible for export cer- tion. tification inspection and issuance of

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phytosanitary certificates. Each con- Ceratitis capitata) if they meet the fol- signment of tomatoes must be accom- lowing conditions: panied by a phytosanitary certificate (i) The tomatoes must be grown in issued by EACCE 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 the production sites will be completed or Safi Province, Morocco, and were jointly by SAG and APHIS. SAG will pink at the time of packing’’ or ‘‘These visit and inspect the production sites tomatoes were grown in registered monthly, starting 2 months before har- greenhouses in Dahkla Province, West- vest and continuing until the end of ern Sahara and were pink at the time the shipping season. APHIS may mon- of packing.’’ itor the production sites at any time (d) Tomatoes from Chile. Tomatoes during this period. (fruit) (Solanum lycopersicum) from (ii) Tomato production sites must Chile, whether green or at any stage of consist of pest-exclusionary green- ripeness, may be imported into the houses, which must have double self- United States with treatment in ac- closing doors and have all other open- cordance with paragraph (d)(1) of this ings and vents covered with 1.6 mm (or section or if produced in accordance less) screening. with the systems approach described in (iii) The tomatoes must originate paragraph (d)(2) of this section. from an area that has been determined (1) With treatment. (i) The tomatoes by APHIS to be free of Medfly in ac- must be treated in Chile with methyl cordance with the procedures described bromide in accordance with part 305 of in § 319.56–5 or an area where Medfly this chapter. The treatment must be trapping occurs. Production sites in conducted in facilities registered with areas where Medfly is known to occur the Servicio Agricola y Ganadero must contain traps for both Medfly and (SAG) and with APHIS personnel moni- Rhagoletis tomatis in accordance with toring the treatments; paragraphs (d)(2)(iii) and (d)(2)(iv) of (ii) The tomatoes must be treated this section. Production sites in all and packed within 24 hours of harvest. other areas do not require trapping for Once treated, the tomatoes must be Medfly. The trapping protocol for the safeguarded by an insect-proof mesh detection of Medfly in infested areas is screen or plastic tarpaulin while in as follows: transit to the packinghouse and await- (A) McPhail traps with an approved ing packing. They must be packed in protein bait must be used within reg- insect-proof cartons or containers, or istered greenhouses. Traps must be insect-proof mesh or plastic tarpaulin placed inside greenhouses at a density under APHIS monitoring for transit to of 4 traps/10 ha, with a minimum of at the airport and subsequent export to least two traps per greenhouse. the United States. These safeguards (B) Medfly traps with trimedlure must be intact upon arrival in the must be placed inside a buffer area 500 United States; and meters wide around the registered pro- (iii) Tomatoes may be imported into duction site, at a density of 1 trap/10 ha the United States from Chile with and a minimum of 10 traps. These traps treatment in accordance with this must be checked at least every 7 days. paragraph (d)(1) only if SAG has en- At least one of these traps must be tered into a trust fund agreement with near a greenhouse. Traps must be set APHIS for that shipping season in ac- for at least 2 months before export and cordance with § 319.56–6. This agree- trapping and continue to the end of the ment requires SAG to pay in advance harvest season. all costs that APHIS estimates it will (C) Medfly prevalence levels in the incur in providing the preclearance surrounding areas must be 0.7 Medflies services prescribed in this section for per trap per week or lower. If levels ex- that shipping season. ceed this before harvest, the produc- (2) Systems approach. The tomatoes tion site will be prohibited from ship- may be imported without fumigation ping under the systems approach. If the for Tuta absoluta, Rhagoletis tomatis, levels exceed this after the 2 months and Mediterranean fruit fly (Medfly, prior to harvest, the production site

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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 proof 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 end of the harvest season and must be (ix) The tomatoes must be packed checked at least every 7 days. In areas within 24 hours of harvest in a pest-ex- where Medfly trapping is required, clusionary packinghouse. The toma- traps located outside of greenhouses toes must be safeguarded by a pest- must contain different baits for Medfly proof screen or plastic tarpaulin while and Rhagoletis tomatis. There is only in transit to the packinghouse and one approved bait for R. tomatis and the while awaiting packing. Tomatoes bait is not strong enough to lure Med- must be packed in insect-proof cartons fly when used outside greenhouses; or containers or covered with insect- therefore, separate traps must be used proof mesh or plastic tarpaulin for for each type of fruit fly present in the transit to the United States. These area surrounding the greenhouses. safeguards must remain intact until (C) If within 30 days of harvest a sin- arrival in the United States. gle Rhagoletis tomatis is captured inside (x) During the time the packinghouse the greenhouse or in a consignment or is in use for exporting fruit to the if two R. tomatis are captured or de- United States, the packinghouse may tected in the buffer zone, shipments only accept fruit from registered ap- from the production site will be sus- proved production sites. pended until APHIS and SAG deter- (xi) SAG is responsible for export cer- mine that risk mitigation is achieved. tification inspection and issuance of (v) Registered production sites must phytosanitary certificates. Each con- conduct regular inspections for Tuta signment of tomatoes must be accom- absoluta throughout the harvest season panied by a phytosanitary certificate and find these areas free of T. absoluta issued by SAG with an additional dec- evidence (e.g., eggs or larvae). If within laration, ‘‘These tomatoes were grown 30 days of harvest, two T. absoluta are in an approved production site in captured inside the greenhouse or a Chile.’’ The shipping box must be la- single T. absoluta is found inside the beled with the identity of the produc- fruit or in a consignment, shipments tion site.

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(e) Tomatoes (fruit) (Solanum the records available to APHIS upon lycopersicum) from Australia. Tomatoes request; may be imported into the United (6) The tomatoes must be packed States from Australia only in accord- within 24 hours of harvest. They must ance with this section and other appli- be safeguarded by an insect-proof mesh cable provisions of this subpart. screen or plastic tarpaulin while in (1) The tomatoes must be grown in transit to the packinghouse or while greenhouses registered with, and in- awaiting packing. They must be placed spected by, the Australian Quarantine in insect-proof cartons or containers, Inspection Service (AQIS); or securely covered with insect-proof (2) Two months prior to shipping, mesh or plastic tarpaulin for transport AQIS must inspect the greenhouse to to the airport or other shipping point. establish its freedom from the fol- These safeguards must be intact upon lowing quarantine pests: Bactrocera arrival in the United States; and aquilonis, B. cucumis, B. jarvis, B. (7) Each consignment of tomatoes neohumeralis, B. tryoni, Ceratitis must be accompanied by a capitata, Chrysodeixis argentifera, C. phytosanitary certificate issued by erisoma, Helicoverpa armigera, H. AQIS stating ‘‘These tomatoes were punctigera, Lamprolonchaea brouniana, grown, packed, and shipped in accord- Sceliodes cordalis, and Spodoptera litura. ance with the requirements of § 319.56– AQIS must also set and maintain fruit 28(e) of 7 CFR.’’ fly traps inside the greenhouses and (f) Tomatoes (fruit) (Solanum around the perimeter of the green- lycopersicum) from certain countries in houses. Inside the greenhouses, the Central America. Pink or red tomatoes traps must be APHIS-approved fruit fly may be imported into the United traps, and they must be set at the rate States from Costa Rica, El Salvador, of six per hectare. In all areas outside Guatemala, Honduras, Nicaragua, and the greenhouse and within 8 kilometers Panama only under the following con- of the greenhouse, fruit fly traps must ditions: be placed on a 1-kilometer grid. All (1) From areas free of Mediterranean traps must be checked at least every 7 fruit fly: days; (i) The tomatoes must be grown and (3) Within a registered greenhouse, packed in an area that has been deter- capture of a single fruit fly or other mined by APHIS to be free of Medi- quarantine pest will result in imme- terranean fruit fly (Medfly) in accord- diate cancellation of exports from that ance with the procedures described in greenhouse until the source of the in- § 319.56–5. festation is determined, the infestation (ii) A pre-harvest inspection of the has been eradicated, and measures are production site must be conducted by taken to preclude any future infesta- the national plant protection organization; tion (NPPO) of the exporting country (4) Outside of a registered green- for pea leafminer, tomato fruit borer, house, if one fruit fly of the species and potato spindle tuber viroid. If any specified in paragraph (e)(2) of this sec- of these pests are found to be generally tion is captured, the trap density and infesting the production site, the frequency of trap inspection must be NPPO may not allow exports from that increased to detect a reproducing col- production site until the NPPO and ony. Capture of two Medflies or three APHIS have determined that risk miti- of the same species of Bactrocera within gation has been achieved. 2 kilometers of each other and within (iii) The tomatoes must be packed in 30 days will result in the cancellation insect-proof cartons or containers or of exports from all registered green- covered with insect-proof mesh or plas- houses within 2 kilometers of the finds tic tarpaulin at the packinghouse for until the source of the infestation is transit to the United States. These determined and the fruit fly infestation safeguards must remain intact until is eradicated; arrival in the United States. (5) AQIS must maintain records of (iv) The exporting country’s NPPO is trap placement, checking of traps, and responsible for export certification, in- any fruit fly captures, and must make spection, and issuance of phytosanitary

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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 APHIS and the exporting country’s consignment has been inspected and NPPO can agree that the pest risk has found free of the pests listed in the re- been mitigated. quirements.’’ (E) The greenhouse must be inspected (2) From areas where Medfly is con- prior to harvest for pea leafminer, to- sidered to exist: mato fruit borer, and potato spindle (i) The tomatoes must be grown in tuber viroid. If any of these pests, or approved registered production sites. other quarantine pests, are found to be Initial approval of the production sites generally infesting the greenhouse, ex- will be completed jointly by the exports from that production site will be porting country’s NPPO and APHIS. halted until the exporting country’s The exporting country’s NPPO must NPPO and APHIS determine that the visit and inspect the production sites pest risk has been mitigated. monthly starting 2 months before har- (iv) The exporting country’s NPPO vest and continuing through until the must maintain records of trap place- end of the shipping season. APHIS may ment, checking of traps, and any Med- monitor the production sites at any fly captures in addition to production time during this period. site and packinghouse inspection (ii) Tomato production sites must records. The exporting country’s NPPO consist of pest-exclusionary green- must maintain an APHIS-approved houses, which must have double self- quality control program to monitor or closing doors and have all other open- audit the trapping program. The trap- ings and vents covered with 1.6 mm (or ping records must be maintained for less) screening. APHIS’s review. (iii) Registered sites must contain (v) The tomatoes must be packed traps for the detection of Medfly both within 24 hours of harvest in a pest-ex- within and around the production site clusionary packinghouse. The toma- as follows: toes must be safeguarded by an insect- (A) Traps with an approved protein proof mesh screen or plastic tarpaulin bait for Medfly must be placed inside while in transit to the packinghouse the greenhouses at a density of four and while awaiting packing. The toma- traps per hectare, with a minimum of toes must be packed in insect-proof two traps per greenhouse. Traps must cartons or containers, or covered with be serviced on a weekly basis. insect-proof mesh or plastic tarpaulin, (B) If a single Medfly is detected infor transit into the United States. side a registered production site or in a These safeguards must remain intact consignment, the registered production until arrival in the United States or site will lose its ability to export toma- the consignment will be denied entry toes to the United States until APHIS into the United States. and the exporting country’s NPPO mu- (vi) During the time the packing- tually determine that risk mitigation house is in use for exporting tomatoes is achieved. to the United States, the packinghouse (C) Medfly traps with an approved may only accept tomatoes from reg- lure must be placed inside a buffer area istered approved production sites. 500 meters wide around the registered (vii) The exporting country’s NPPO production site, at a density of 1 trap is responsible for export certification, per 10 hectares and a minimum of 10 inspection, and issuance of traps. These traps must be checked at phytosanitary certificates. Each con- least every 7 days. At least one of these signment of tomatoes must be accom- traps must be near the greenhouse. panied by a phytosanitary certificate Traps must be set for at least 2 months issued by the NPPO and bearing the before export and trapping must con- declaration, ‘‘These tomatoes were tinue to the end of the harvest. grown in an approved production site

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and the consignment has been in- maintained for 1 year for APHIS re- spected and found free of the pests list- view; 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 DPVCTRF mu- istered with, and inspected by, the Mo- tually determine that risk mitigation roccan Ministry of Agriculture, Divi- has been achieved. Capture of a single sion of Plant Protection, Inspection, Medfly within 200 meters of a reg- and Enforcement (DPVCTRF). Produc- istered pest-exclusionary structure will tion sites will be approved jointly by necessitate increasing trap density in DPVCTRF and APHIS. DPVCTRF will order to determine whether there is a visit and inspect the production sites reproducing population in the area. Six starting 2 months before harvest and additional traps must be placed within continuing until the end of the ship- a radius of 200 meters surrounding the ping season. APHIS may monitor the trap where the Medfly was captured. production sites at any time during Capture of two Medflies within 200 me- this period; ters of a registered pest-exclusionary (2) The tomatoes may be shipped structure and within a 1-month time from the Souss-Massa-Draa region of period will necessitate Malathion bait Morocco only between December 1 and sprays in the area every 7 to 10 days for April 30, inclusive; 60 days to ensure eradication; (3) Beginning 2 months prior to the start of the shipping season and con- (6) No Medfly host material is per- tinuing through the end of the shipping mitted within 50 meters of the entry season, DPVCTRF must set and main- door of the pest-exclusionary structure tain Mediterranean fruit fly (Medfly) or the packinghouse; traps baited with trimedlure, or other (7) The tomatoes must be packed approved protein bait, inside the pest- within 24 hours of harvest and must be exclusionary structures at a rate of 8 pink at the time of packing. They must traps per hectare, with a minimum of 4 be safeguarded by an insect-proof mesh traps per pest-exclusionary structure. screen or plastic tarpaulin while in Traps must also be placed outside reg- transit to the packinghouse and while istered pest-exclusionary structures awaiting packing. They must be within a 2-kilometer radius at a rate of packed in insect-proof cartons or con- 4 traps per square kilometer. All traps tainers, or covered by insect-proof must be checked every 7 days; mesh or plastic tarpaulin for transit to (4) DPVCTRF must maintain records the airport or ship and export to the of trap placement, trap maintenance, United States. These safeguards must and any Medfly captures, and make the be intact upon arrival in the United records available to APHIS upon re- States. Sea containers must be kept quest. DPVCTRF must maintain an closed if stored within 20 meters of APHIS-approved quality control pro- Medfly host materials prior to loading; gram to monitor or audit the trapping (8) During the time the packinghouse program. The trapping records must be is in use for exporting fruit to the United States, the packinghouse may 8 See footnote 5 to paragraph (a) of this only accept fruit from registered ap- section. proved production sites; and

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(9) The Moroccan Ministry of Agri- containers at the packinghouse and the culture, Fresh Product Export containers then sealed before move- (EACCE) is responsible for export cer- ment to the port of export. tification inspection and issuance of (b) Each consignment of pears must phytosanitary certificates. Each con- be accompanied by a phytosanitary signment of tomatoes must be accom- certificate issued by the NPPO of panied by a phytosanitary certificate China stating that the conditions of issued by EACCE and bearing the dec- this section have been met. laration, ‘‘These tomatoes were grown in registered pest-exclusionary struc- [72 FR 39501, July 18, 2007, as amended at 73 tures in Souss-Massa-Draa Region, Mo- FR 10973, Feb. 29, 2008] rocco, and were pink at the time of packing.’’ § 319.56–30 Hass avocados from Michoacan, Mexico. (Approved by the Office of Management and Fresh Hass variety avocados (Persea Budget under control numbers 0579–0049, 0579–0131, 0579–0316, 0579–0286, and 0579–0345) americana) may be imported from Michoacan, Mexico, into the United [24 FR 10788, Dec. 29, 1959, as amended at 74 States in accordance with the require- FR 56526, Nov. 2, 2009] ments of § 319.56–3 of this subpart, and § 319.56–29 Ya variety pears from only under the following conditions: China. (a) Shipping restrictions. (1) The avoca- Ya variety pears may be imported dos may be imported in commercial into the United States from China only consignments only; in accordance with this section and all (2) The avocados may be imported other applicable provisions of this sub- into and distributed in all States, but part. not Puerto Rico or any U.S. Territory. (a) Growing and harvest conditions. (1) (b) Trust fund agreement. The avoca- The pears must have been grown by dos may be imported only if the Mexi- growers registered with the national can avocado industry association rep- plant protection organization (NPPO) resenting Mexican avocado growers, of China in an APHIS-approved export packers, and exporters has entered into growing area in the Hebei or Shandong a trust fund agreement with APHIS for Provinces. that shipping season in accordance (2) Field inspections for signs of pest with § 319.56–6. infestation must be conducted by the (c) Safeguards in Mexico. The avoca- national plant protection organization dos must have been grown in the Mexi- (NPPO) of China during the growing can State of Michoacan in an orchard season. located in a municipality that meets (3) The registered growers shall be re- the requirements of paragraph (c)(1) of sponsible for following the this section. The orchard in which the phytosanitary measures agreed upon avocados are grown must meet the re- by APHIS and the NPPO of China, in- quirements of paragraph (c)(2) of this cluding applying pesticides to reduce section. The avocados must be packed the pest population and bagging the for export to the United States in a pears on the trees to reduce the oppor- packinghouse that meets the require- tunity for pests to attack the fruit dur- ments of paragraph (c)(3) of this sec- ing the growing season. The bags must tion. The Mexican national plant pro- remain on the pears through the har- tection organization (NPPO) must pro- vest and during their movement to the vide an annual work plan to APHIS packinghouse. that details the activities that the (4) The packinghouses in which the Mexican NPPO will, subject to APHIS’ pears are prepared for exportation shall approval of the work plan, carry out to not be used for any fruit other than Ya meet the requirements of this section; variety pears from registered growers APHIS will be directly involved with during the pear export season. The the Mexican NPPO in the monitoring packinghouses shall accept only those and supervision of those activities. The pears that are in intact bags as re- personnel conducting the trapping and quired by paragraph (a)(3) of this sec- pest surveys must be hired, trained, tion. The pears must be loaded into and supervised by the Mexican NPPO

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or by the Michoacan State delegate of the avocados originated from a cer- the Mexican NPPO. tified orchard. (1) Municipality requirements. (i) The (3) Packinghouse requirements. The municipality must be listed as an ap- packinghouse must be registered with proved municipality in the bilateral the Mexican NPPO’s avocado export work plan provided to APHIS by the program and must be listed as an ap- Mexican NPPO. proved packinghouse in the annual (ii) The municipality must be sur- work plan provided to APHIS by the veyed at least semiannually (once dur- Mexican NPPO. The operations of the ing the wet season and once during the packinghouse must meet the following dry season) and found to be free from conditions: the large avocado seed weevil Heilipus (i) During the time the packinghouse lauri, the avocado seed moth Stenoma is used to prepare avocados for export catenifer, and the small avocado seed to the United States, the packinghouse weevils Conotrachelus aguacatae and C. may accept fruit only from orchards perseae. certified by the Mexican NPPO for par- (iii) Trapping must be conducted in ticipation in the avocado export pro- the municipality for Mediterranean gram. fruit fly (Medfly) (Ceratitis capitata) at (ii) All openings to the outside must the rate of 1 trap per 1 to 4 square be covered by screening with openings of not more than 1.6 mm or by some miles. Any findings of Medfly must be other barrier that prevents insects reported to APHIS. from entering the packinghouse. (2) Orchard and grower requirements. (iii) The packinghouse must have The orchard and the grower must be double doors at the entrance to the fa- registered with the Mexican NPPO’s cility and at the interior entrance to avocado export program and must be the area where the avocados are listed as an approved orchard or an ap- packed. proved grower in the annual work plan (iv) Prior to the culling process, a bi- provided to APHIS by the Mexican ometric sample, at a rate determined NPPO. The operations of the orchard by APHIS, of avocados per consign- must meet the following conditions: ment must be selected, cut, and in- (i) The orchard and all contiguous or- spected by the Mexican NPPO and chards and properties must be surveyed found free from pests. semiannually and found to be free from (v) The identity of the avocados must the avocado stem weevil Copturus be maintained from field boxes or con- aguacatae. tainers to the shipping boxes so the av- (ii) Avocado fruit that has fallen ocados can be traced back to the or- from the trees must be removed from chard in which they were grown if the orchard at least once every 7 days pests are found at the packinghouse or and may not be included in field boxes the port of first arrival in the United of fruit to be packed for export. States. (iii) Dead branches on avocado trees (vi) Prior to being packed in boxes, in the orchard must be pruned and re- each avocado fruit must be cleaned of moved from the orchard. all stems, leaves, and other portions of (iv) Harvested avocados must be plants and labeled with a sticker that placed in field boxes or containers of bears the official registration number field boxes that are marked to show of the packinghouse. the official registration number of the (vii) The avocados must be packed in orchard. The avocados must be moved clean, new boxes, or clean plastic reus- from the orchard to the packinghouse able crates. The boxes or crates must within 3 hours of harvest or they must be clearly marked with the identity of be protected from fruit fly infestation the grower, packinghouse, and ex- until moved. porter. Between January 31, 2005, and (v) The avocados must be protected January 31, 2007, the boxes or crates from fruit fly infestation during their must be clearly marked with the state- movement from the orchard to the ment ‘‘Not for importation or distribu- packinghouse and must be accom- tion in CA, FL, HI, Puerto Rico or U.S. panied by a field record indicating that Territories.’’ After January 31, 2007,

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the boxes or crates must be clearly regarding the circumstances of the in- marked with the statement ‘‘Not for festation and the pest risk mitigation importation or distribution in Puerto measures taken. The orchard in which Rico or U.S. Territories.’’ the pest was found will lose its export (viii) The boxes must be placed in a certification immediately and avocado refrigerated truck or refrigerated con- exports from that orchard will be sus- tainer and remain in that truck or con- pended until APHIS and the Mexican tainer while in transit through Mexico NPPO agree that the pest eradication to the port of first arrival in the measures taken have been effective and United States. Prior to leaving the that the pest risk within that orchard packinghouse, the truck or container has been eliminated. must be secured by the Mexican NPPO (3) If the Mexican NPPO discovers with a seal that will be broken when the truck or container is opened. Once the stem weevil Copturus aguacatae in sealed, the refrigerated truck or refrig- fruit at a packinghouse, the Mexican erated container must remain un- NPPO must investigate the origin of opened until it reaches the port of first the infested fruit and provide APHIS arrival in the United States. with information regarding the cir- (ix) Any avocados that have not been cumstances of the infestation and the packed or loaded into a refrigerated pest risk mitigation measures taken. truck or refrigerated container by the The orchard where the infested fruit end of the workday must be kept in the originated will lose its export certifi- screened packing area. cation immediately and avocado ex- (d) Certification. All consignments of ports from that orchard will be sus- avocados must be accompanied by a pended until APHIS and the Mexican phytosanitary certificate issued by the NPPO agree that the pest eradication Mexican NPPO with an additional dec- measures taken have been effective and laration certifying that the conditions that the pest risk within that orchard specified in this section have been met. has been eliminated. (e) Pest detection. (1) If any of the avo- (f) Ports. The avocados may enter the cado seed pests Heilipus lauri, United States only through a port of Conotrachelus aguacatae, C. perseae, or entry located in a State where the dis- Stenoma catenifer are discovered in a tribution of the fruit is authorized pur- municipality during the semiannual suant to paragraph (a)(2) of this sec- pest surveys, orchard surveys, packing- tion. house inspections, or other monitoring or inspection activity in the munici- (g) Inspection. The avocados are sub- pality, the Mexican NPPO must imme- ject to inspection by an inspector at diately initiate an investigation and the port of first arrival. At the port of take measures to isolate and eradicate first arrival, an inspector will sample the pests. The Mexican NPPO must and cut avocados from each consign- also provide APHIS with information ment to detect pest infestation. regarding the circumstances of the in- (h) Inspection. The avocados are sub- festation and the pest risk mitigation ject to inspection by an inspector at measures taken. The municipality in the port of first arrival, at any stops in which the pests are discovered will lose the United States en route to an ap- its pest-free certification and avocado proved State, and upon arrival at the exports from that municipality will be terminal market in the approved suspended until APHIS and the Mexi- States. At the port of first arrival, an can NPPO agree that the pest eradi- inspector will sample and cut avocados cation measures taken have been effec- from each consignment to detect pest tive and that the pest risk within that infestation. municipality has been eliminated. (i) Repackaging. If any avocados are (2) If the Mexican NPPO discovers removed from their original shipping the stem weevil Copturus aguacatae in boxes and repackaged, the stickers re- an orchard during an orchard survey or other monitoring or inspection activity quired by paragraph (c)(3)(vi) of this in the orchard, the Mexican NPPO section may not be removed or ob- must provide APHIS with information scured and the new boxes must be

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clearly marked with all the informa- while in transit to the packinghouse tion required by paragraph (c)(3)(vii) of and while awaiting packing. They must this section. be packed in insect-proof cartons or [72 FR 39501, July 18, 2007, as amended at 74 covered by insect-proof mesh or plastic FR 31160, June 30, 2009] 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 greenhouses at a rate of four traps per Peppers (fruit) (Capsicum spp.) from hectare. In all outside areas, including New Zealand may be imported into the urban and residential areas, within 8 United States only in accordance with kilometers of the greenhouses, MAFF this section and all other applicable must set and maintain Medfly traps provisions of this subpart. baited with trimedlure at a rate of four (a) The peppers must be grown in traps per square kilometer. All traps New Zealand in insect-proof green- must be checked every 7 days; houses approved by the New Zealand (d) Capture of a single Medfly in a Ministry of Agriculture and Forestry registered greenhouse will immediately (MAF). halt exports from that greenhouse (b) The greenhouses must be equipped until the Administrator determines with double self-closing doors, and any that the source of infestation has been vents or openings in the greenhouses identified, that all Medflies have been (other than the double self-closing eradicated, and that measures have doors) must be covered with 0.6 mm been taken to preclude any future in- screening in order to prevent the entry festation. Capture of a single Medfly of pests into the greenhouse. within 2 kilometers of a registered (c) The greenhouses must be exam- greenhouse will necessitate increased ined periodically by MAF to ensure trap density in order to determine that the screens are intact. whether there is a reproducing popu- (d) Each consignment of peppers lation in the area. Capture of two must be accompanied by a Medflies within 2 kilometers of a reg- phytosanitary certificate of inspection istered greenhouse during a 1-month issued by MAF bearing the following period will halt exports from all reg- declaration: ‘‘These peppers were istered greenhouses within 2 kilo- grown in greenhouses in accordance meters of the capture, until the source with the conditions in § 319.56–32.’’ of infestation is determined and all Medflies are eradicated; § 319.56–33 Mangoes from the Phil- (e) The peppers must be safeguarded ippines. from harvest to export by insect-proof Mangoes (fruit) (Mangifera indica) mesh or plastic tarpaulin, including may be imported into the United

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States from the Philippines only in ac- agreement with APHIS in accordance cordance with this section and other with § 319.56–6. applicable provisions of this subpart. (Approved by the Office of Management and (a) Limitation of origin. The mangoes Budget under control numbers 0579–0172 and must have been grown on the island of 0579–0316) Guimaras, which the Administrator has determined meets the criteria set § 319.56–34 Clementines from Spain. forth in § 319.56–5 with regard to the Clementines (Citrus reticulata) from mango seed weevil (Sternochetus Spain may only be imported into the mangiferae). Mangoes from all other United States in accordance with this areas of the Philippines except section and all other applicable provi- Palawan are eligible for importation sions of this subpart. into Hawaii and Guam only. Mangoes (a) Trust fund agreement. Clementines from Palawan are not eligible for im- from Spain may be imported only if the portation into the United States. Government of Spain or its designated (b) Treatment. The mangoes must be representative enters into a trust fund treated for fruit flies of the genus agreement with APHIS before each Bactrocera with vapor heat under the shipping season in accordance with supervision of an inspector in accord- § 319.56–6. ance with the regulations in part 305 of (b) Grower registration and agreement. this chapter. Persons who produce clementines in (c) Inspection. Mangoes from the Phil- Spain for export to the United States ippines are subject to inspection under must: the direction of an inspector, either in (1) Be registered with the Govern- the Philippines or at the port of first ment of Spain; and (2) Enter into an agreement with the arrival in the United States. Mangoes Government of Spain whereby the pro- inspected in the Philippines are subject ducer agrees to participate in and fol- to reinspection at the port of first ar- low the Mediterranean fruit fly man- rival in the United States as provided agement program established by the in § 319.56–3. Government of Spain. (d) Labeling. Each box of mangoes (c) Management program for Mediterra- must be clearly labeled in accordance nean fruit fly; monitoring. The Govern- with § 319.56–5(e)(1). Consignments orig- ment of Spain’s Mediterranean fruit fly inating from approved areas other than (Ceratitis capitata) management pro- Guimaras must be labeled ‘‘For dis- gram must be approved by APHIS, and tribution in Guam and Hawaii only.’’ must contain the fruit fly trapping and (e) Phytosanitary certificate. Mangoes recordkeeping requirements specified originating from all approved areas in this paragraph. The program must must be accompanied by a also provide that clementine producers phytosanitary certificate issued by the must allow APHIS inspectors access to Republic of the Philippines Depart- clementine production areas in order ment of Agriculture that contains an to monitor compliance with the Medi- additional declaration stating that the terranean fruit fly management pro- mangoes have been treated for fruit gram. flies of the genus Bactrocera in accord- (1) Trapping and control. In areas ance with paragraph (b) of this section. where clementines are produced for ex- Phytosanitary certificates accom- port to the United States, traps must panying consignments of mangoes orig- be placed in Mediterranean fruit fly inating from the island of Guimaras host plants at least 6 weeks prior to must also contain an additional dec- harvest. Bait treatments using mala- laration stating that the mangoes were thion, spinosad, or another pesticide grown on the island of Guimaras. that is approved by APHIS and the (f) Trust fund agreement. Mangoes Government of Spain must be applied that are treated or inspected in the in the production areas at the rate Philippines may be imported into the specified by Spain’s Medfly manage- United States only if the Republic of ment program. the Philippines Department of Agri- (2) Records. The Government of Spain culture has entered into a trust fund or its designated representative must

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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 cate stating that the fruit meets the held until an investigation is com- conditions of the Government of pleted and appropriate remedial ac- Spain’s Mediterranean fruit fly man- tions have been implemented. agement program and applicable (i) Suspension of program. If APHIS APHIS regulations. determines at any time that the safe- (e) Labeling. Boxes in which guards contained in this section are clementines are packed must be la- not protecting against the introduction beled with a lot number that provides of Medflies into the United States, information to identify the orchard APHIS may suspend the importation of where the fruit was grown and the clementines and conduct an investiga- packinghouse where the fruit was tion into the cause of the deficiency. packed. The lot number must end with (j) Definitions. The following are defi- the letters ‘‘US.’’ All labeling must be nitions for terms used in this section: large enough to clearly display the required information and must be located Consignment. (1) Untreated fruit. For on the outside of the boxes to facilitate untreated fruit, the term means one or inspection. more lots (containing no more than a (f) Pre-treatment sampling; rates of in- combined total of 200,000 boxes of spection. For each consignment of clementines) that are presented to an clementines intended for export to the inspector for pre-treatment inspection. United States, prior to cold treatment, (2) Treated fruit. For treated fruit, the inspectors will cut and inspect 200 fruit term means one or more lots of that are randomly selected from clementines that are imported into the throughout the consignment. If inspec- United States on the same conveyance. tors find a single live Mediterranean Lot. For the purposes of this section, fruit fly in any stage of development a number of units of clementines that during an inspection, the entire con- are from a common origin (i.e., a single signment of clementines will be re- producer or a homogenous production jected. If a live Mediterranean fruit fly unit.) 9 in any stage of development is found in Orchard. A plot on which clementines any two lots of fruit from the same or- are grown that is separately registered chard during the same shipping season, in the Spanish Medfly management that orchard will be removed from the program. export program for the remainder of Shipping season. For the purposes of that shipping season. this section, a shipping season is con- (g) Cold treatment. Clementines must sidered to include the period beginning be cold treated in accordance with part approximately in mid-September and 305 of this chapter. Upon arrival of clementines at a port of entry into the 9 A homogeneous production unit is a group United States, inspectors will examine of adjacent orchards in Spain that are owned the cold treatment data for each con- by one or more growers who follow a homog- signment to ensure that the cold treat- enous production system under the same ment was successfully completed. If technical guidance.

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ending approximately in late February paragraph and all other applicable proof the next calendar year. visions of this subpart: (a) The fruit must be grown in pest- (Approved by the Office of Management and Budget under control number 0579–0203) proof greenhouses registered with the Republic of Korea’s national plant pro- [24 FR 10788, Dec. 29, 1959, as amended at 74 tection organization (NPPO). FR 56526, Nov. 2, 2009] (b) The NPPO must inspect and regularly monitor greenhouses for plant § 319.56–35 Persimmons from the Re- public of Korea. pests. The NPPO must inspect greenhouses and plants, including fruit, at Persimmons (fruit) (Disopyros khaki) intervals of no more than 2 weeks, may be imported into the United from the time of fruit set until the end States from the Republic of Korea only of harvest. in accordance with this section and all (c) The NPPO must set and maintain other applicable provisions of this sub- McPhail traps (or a similar type with a part. protein bait that has been approved for (a) The production site, which is an the pests of concern) in greenhouses orchard, where the persimmons are from October 1 to April 30. The number grown must have been inspected at of traps must be set as follows: Two least once during the growing season traps for greenhouses smaller than 0.2 and before harvest for the following hectare in size; three traps for green- pests: Conogethes punctiferalis, houses 0.2 to 0.5 hectare; four traps for Planococcus kraunhiae, Stathmopoda greenhouses over 0.5 hectare and up to masinissa, and Tenuipalpus 1.0 hectare; and for greenhouses greater zhizhilashiviliae. than 1 hectare, traps must be placed at (b) After harvest, the persimmons a rate of four traps per hectare. must be inspected by the Republic of (d) The NPPO must check all traps Korea’s national plant protection orga- once every 2 weeks. If a single pumpkin nization (NPPO) and found free of the fruit fly is captured, that greenhouse pests listed in paragraph (a) of this sec- will lose its registration until trapping tion before the persimmons may be shows that the infestation has been shipped to the United States; eradicated. (c) Each consignment of persimmons (e) The fruit may be shipped only must be accompanied by a from December 1 through April 30. phytosanitary certificate issued by the (f) Each consignment must be accom- Republic of Korea’s NPPO stating that panied by a phytosanitary certificate the fruit is free of Conogethes issued by NPPO, with the following ad- punctiferalis, Planococcus kraunhiae, ditional declaration: ‘‘The regulated Stathmopoda masinissa, and Tenuipalpus articles in this consignment were zhizhilashiviliae. grown in registered greenhouses as (d) If any of the pests listed in para- specified by 7 CFR 319.56–36.’’ graph (a) of this section are detected in (g) Each consignment must be pro- an orchard, exports from that orchard tected from pest infestation from har- will be canceled until the source of in- vest until export. Newly harvested festation is determined and the infesta- fruit must be covered with insect-proof tion is eradicated. mesh or a plastic tarpaulin while moving to the packinghouse and awaiting (Approved by the Office of Management and Budget under control number 0579–0210) packing. Fruit must be packed within 24 hours of harvesting in an enclosed § 319.56–36 Watermelon, squash, cu- container or vehicle or in insect-proof cumber, and oriental melon from cartons or cartons covered with insect- the Republic of Korea. proof mesh or plastic tarpaulin, and Watermelon (Citrullus lanatus), then placed in containers for shipment. squash (Cucurbita maxima), cucumber These safeguards must be intact when (Cucumis sativus), and oriental melon the consignment arrives at the port in (Cucumis melo) may be imported into the United States. the United States from the Republic of (Approved by the Office of Management and Korea only in accordance with this Budget under control number 0579–0236)

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§ 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: Sparganothis pilleriana, Stathmopoda (1) Production site registration. The auriferella, or Monilinia fructigena is de- production site where the fruit is tected during inspection, the field will grown must be registered with the na- immediately be rejected, and exports tional plant protection organization from that field will be canceled until (NPPO) of Chile. To register, the pro- visual inspection of the vines shows duction site must provide Chile’s NPPO that the infestation has been eradi- with the following information: Pro- cated. duction site name, grower, munici- (c) Fruit must be bagged from the time the fruit sets until harvest. pality, province, region, area planted (d) Each consignment must be in- to each species, number of plants/hec- spected by the NPPO before export. For tares/species, and approximate date of each consignment, the NPPO must harvest. Registration must be renewed issue a phytosanitary certificate with annually. an additional declaration stating that (2) Low prevalence production site cer- the fruit in the consignment was found tification. Between 1 and 30 days prior free of C. punctiferalis, E. ambiguella, S. to harvest, random samples of fruit pilleriana, S. auriferella, M. fructigena, must be collected from each registered and Nippoptilia vitis. production site under the direction of Chile’s NPPO. These samples must un- (Approved by the Office of Management and Budget under control number 0579–0236) dergo a pest detection and evaluation method as follows: The fruit and § 319.56–38 Citrus from Chile. pedicels must be washed using a flush- Clementines (Citrus reticulata Blanco ing method, placed in a 20 mesh sieve var. Clementine), mandarins (Citrus on top of a 200 mesh or finer sieve, reticulata Blanco), and tangerines sprinkled with a liquid soap and water (Citrus reticulata Blanco) may be im- solution, washed with water at high ported into the United States from pressure, and washed with water at low Chile, and grapefruit (Citrus paradisi pressure. The process must then be re- Macfad.) and sweet oranges (Citrus peated. The contents of the sieves must sinensis (L.) Osbeck) may be imported then be placed on a petri dish and ana- into the continental United States lyzed for the presence of live B. from Chile, in accordance with this sec- chilensis mites. If a single live B. tion and all other applicable provisions chilensis mite is found, the production of this subpart. site will not qualify for certification as (a) The fruit must be accompanied by a low prevalence production site and a permit issued in accordance with will be eligible to export fruit to the § 319.56–3(b). United States only if the fruit is fumi- (b) If the fruit is produced in an area gated in accordance with paragraph (e) of Chile where Mediterranean fruit fly of this section. Each production site (Ceratitis capitata) is known to occur, may have only one opportunity per

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harvest season to qualify as a low prev- for the remainder of the shipping sea- alence production site, and certifi- son. cation of low prevalence will be valid (B) If inspectors find evidence of any for one harvest season only. The NPPO other quarantine pest, the fruit in the of Chile will present a list of certified consignment will remain eligible for production sites to APHIS. importation into the United States (3) Post-harvest processing. After har- only if an authorized treatment for the vest and before packing, the fruit must pest is available in part 305 of this be washed, rinsed in a potable water chapter and the entire consignment is bath, washed with detergent with treated for the pest in Chile under brushing using bristle rollers, rinsed APHIS supervision. with a hot water shower with brushing (iii) Each consignment of fruit must using bristle rollers, predried at room be accompanied by a phytosanitary temperature, waxed, and dried with hot certificate issued by the NPPO of Chile air. that contains an additional declaration 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, coordination with the NPPO of Chile or tangerines that do not meet the con- after the post-harvest processing. A bi- ditions of paragraph (d) of this section ometric sample will be drawn and ex- may be imported into the United amined from each consignment of States if the fruit is fumigated either fruit, which may represent multiple in Chile or at the port of first arrival in grower lots from different packing the United States with methyl bromide sheds. Clementines, mandarins, or tan- for B. chilensis in accordance with part gerines in any consignment may be 305 of this chapter. An APHIS inspector shipped to the United States only if the will monitor the fumigation of the consignment passes inspection as fol- fruit and will prescribe such safeguards lows: as may be necessary for unloading, (i) Fruit presented for inspection handling, and transportation pre- must be identified in the shipping doc- paratory to fumigation. The final re- uments accompanying each lot of fruit lease of the fruit for entry into the that identify the production site(s) United States will be conditioned upon where the fruit was produced and the compliance with prescribed safeguards packing shed(s) where the fruit was and required treatment. processed. This identity must be main- (f) Trust fund agreement. Clementines, tained until the fruit is released for grapefruit, mandarins, sweet oranges, entry into the United States. or tangerines may be imported into the (ii) A biometric sample of boxes from United States under this section only if each consignment will be selected and the NPPO of Chile or a private export the fruit from these boxes will be vis- group has entered into a trust fund ually inspected for quarantine pests, agreement with APHIS in accordance and a portion of the fruit will be with § 319.56–6. washed and the collected filtrate will (Approved by the Office of Management and be microscopically examined for B. Budget under control number 0579–0242) chilensis. [72 FR 39501, July 18, 2007, as amended at 74 (A) If a single live B. chilensis mite is FR 15640, Apr. 7, 2009; 74 FR 46489, Sept. 10, found, the fruit will be eligible for im- 2009] portation into the United States only if it is fumigated in Chile in accord- § 319.56–39 Fragrant pears from China. ance with paragraph (e) of this section. Fragrant pears may be imported into The production site will be suspended the United States from China only from the low prevalence certification under the following conditions and in program and all subsequent lots of accordance with all other applicable fruit from the production site of origin provisions of this subpart: will be required to be fumigated as a (a) Origin, growing, and harvest condi- condition of entry to the United States tions. (1) The pears must have been

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grown in the Korla region of Xinjiang United States of fragrant pears from Province in a production site that is China until an investigation is con- registered with the national plant pro- ducted and APHIS and the NPPO of tection organization (NPPO) of China. China agree that appropriate remedial (2) All propagative material intro- action has been taken. duced into a registered production site (5) After harvest, the NPPO of China must be certified free of the pests list- or officials authorized by the NPPO of ed in this section by the NPPO of China must inspect the pears for signs China. of pest infestation and allow APHIS to (3) Within 30 days prior to harvest, monitor the inspections. the NPPO of China or officials author- (6) Upon detection of large pear borer ized by the NPPO of China must in- (Numonia pivivorella), pear curculio spect the registered production site for (Rhynchites fovepessin), or Japanese signs of pest infestation and allow apple curculio (R. heros), APHIS may APHIS to monitor the inspections. The reject the lot or consignment. NPPO of China must provide APHIS (b) Packing requirements. (1) The fra- with information on pest detections grant pears must be packed in cartons and pest detection practices, and that are labeled in accordance with APHIS must approve the pest detection § 319.56–5(e). practices. (2) The fragrant pears must be held in (4) If any of the quarantine pests list- a cold storage facility while awaiting ed in this section are found during the export. If fruit from unregistered pro- pre-harvest inspection or at any other duction sites are stored in the same fa- time, the NPPO of China must notify cility, the fragrant pears must be iso- APHIS immediately. lated from that other fruit. (i) Upon detection of Oriental fruit (c) Shipping requirements. (1) The fra- fly (Bactrocera dorsalis), APHIS may re- grant pears must be shipped in insect- ject the lot or consignment and may proof containers and all pears must be prohibit the importation into the safeguarded during transport to the United States of fragrant pears from United States in a manner that will China until an investigation is con- prevent pest infestation. ducted and APHIS and the NPPO of (2) The fragrant pears may be im- China agree that appropriate remedial ported only under a permit issued by action has been taken. APHIS in accordance with § 319.56–3(b). (ii) Upon detection of peach fruit (3) Each consignment of pears must borer ( ), yellow peach Carposina sasaki be accompanied by a phytosanitary moth ( ), apple Conogethes punctiferalis certificate issued by the NPPO of fruit moth ( ), Hawthorn Cydia inopinata China stating that the conditions of spider mite ( ), Tetranychus viennensis this section have been met and that red plum maggot ( ), Cydia funebrana the consignment has been inspected brown rot ( ), Asian Monilinia fructigena and found free of the pests listed in pear scab ( ), pear Venturia nashicola this section. trellis rust (Gymnosporangium fuscum), Asian pear black spot (Alternaria spp.), (Approved by the Office of Management and or phylloxeran (Aphanostigma sp. poss. Budget under control number 0579–0227) jackusiensis), APHIS may reject the lot or consignment and may prohibit the § 319.56–40 Peppers from certain Cen- importation into the United States of tral American countries. fragrant pears from the production site Fresh peppers (Capsicum spp.) may be for the season. The exportation to the imported into the United States from United States of fragrant pears from Costa Rica, El Salvador, Guatemala, the production site may resume in the Honduras, and Nicaragua only under next growing season if an investigation the following conditions and in accord- is conducted and APHIS and the NPPO ance with all other applicable provi- of China agree that appropriate reme- sions of this subpart: dial action has been taken. If any of (a) For peppers of the species Cap- these pests is detected in more than sicum annuum, Capsicum frutescens, Cap- one registered production site, APHIS sicum baccatum, and Capsicum chinense may prohibit the importation into the from areas free of Mediterranean fruit

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fly (Medfly), terms of entry are as fol- monitor the production sites at any lows: time during this period. (1) The peppers must be grown and (2) Pepper production sites must con- packed in an area that has been deter- sist of pest-exclusionary greenhouses, mined by APHIS to be free of Medfly in which must have double self-closing accordance with the procedures de- doors and have all other openings and scribed in § 319.56–5 of this subpart. vents covered with 1.6 mm (or less) (2) A pre-harvest inspection of the screening. growing site must be conducted by the (3) Registered sites must contain national plant protection organization traps for the detection of Medfly both (NPPO) of the exporting country for within and around the production site. the weevil Faustinus ovatipennis, pea (i) Traps with an approved protein leafminer, tomato fruit borer, banana bait must be placed inside the green- moth, lantana mealybug, passionvine houses at a density of four traps per mealybug, melon thrips, the rust fun- hectare, with a minimum of two traps gus Puccinia pampeana, Andean potato per greenhouse. Traps must be serviced mottle virus, and tomato yellow mo- on a weekly basis. saic virus, and if these pests are found (ii) If a single Medfly is detected in- to be generally infesting the growing side a registered production site or in a site, the NPPO may not allow export consignment, the registered production from that production site until the site will lose its ability to export pep- NPPO has determined that risk mitiga- pers to the United States until APHIS tion has been achieved. and the exporting country’s NPPO mutually determine that risk mitigation (3) The peppers must be packed in in- is achieved. sect-proof cartons or containers or cov- (iii) Medfly traps with an approved ered with insect-proof mesh or plastic lure must be placed inside a buffer area tarpaulin at the packinghouse for tran- 500 meters wide around the registered sit to the United States. These safe- production site, at a density of 1 trap guards must remain intact until ar- per 10 hectares and a minimum of 10 rival in the United States. traps. These traps must be checked at (4) The exporting country’s NPPO is least every 7 days. At least one of these responsible for export certification, in- traps must be near the greenhouse. spection, and issuance of phytosanitary Traps must be set for at least 2 months certificates. Each consignment of pep- before export and trapping must con- pers must be accompanied by a tinue to the end of the harvest. phytosanitary certificate issued by the (iv) Capture of 0.7 or more Medflies NPPO and bearing the declaration, per trap per week will delay or suspend ‘‘These peppers were grown in an area the harvest, depending on whether har- recognized to be free of Medfly and the vest has begun, for consignments of consignment has been inspected and peppers from that production site until found free of the pests listed in the re- APHIS and the exporting country’s quirements.’’ NPPO can agree that the pest risk has (b) For peppers of the species Cap- been mitigated. sicum annuum, Capsicum frutescens, Cap- (v) The greenhouse must be inspected sicum baccatum, Capsicum chinense, and prior to harvest for the weevil Capsicum pubescens from areas in which Faustinus ovatipennis, pea leafminer, Medfly is considered to exist: tomato fruit borer, banana moth, (1) The peppers must be grown in ap- lantana mealybug, passionvine proved production sites registered with mealybug, melon thrips, the rust fun- the NPPO of the exporting country. gus Puccinia pampeana, Andean potato Initial approval of the production sites mottle virus, and tomato yellow mo- will be completed jointly by the ex- saic virus. If any of these pests, or porting country’s NPPO and APHIS. other quarantine pests, are found to be The exporting country’s NPPO will generally infesting the greenhouse, ex- visit and inspect the production sites port from that production site will be monthly, starting 2 months before har- halted until the exporting country’s vest and continuing through until the NPPO determines that the pest risk end of the shipping season. APHIS may has been mitigated.

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

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NPPO determines that the pest risk (b) The fruit may be imported in has been mitigated. commercial consignments only. (4) The exporting country’s NPPO (c) Approved growing areas. The fruit must maintain records of trap place- must be grown in one of the following ment, checking of traps, and any approved citrus-producing zones: Zone Mexfly captures. The exporting coun- I, Piura; Zone II, Lambayeque; Zone try’s NPPO must maintain an APHIS- III, Lima; Zone IV, Ica; and Zone V, approved quality control program to Junin. monitor or audit the trapping program. (d) Grower registration and agreement. The trapping records must be main- The production site where the fruit is tained for APHIS’ review. grown must be registered for export (5) The peppers must be packed with- with the national plant protection or- in 24 hours of harvest in a pest-exclu- ganization (NPPO) of Peru, and the sionary packinghouse. The peppers producer must have signed an agree- must be safeguarded by an insect-proof ment with the NPPO of Peru whereby mesh screen or plastic tarpaulin while the producer agrees to participate in in transit to the packinghouse and and follow the fruit fly management while awaiting packing. Peppers must program established by the NPPO of be packed in insect-proof cartons or Peru. containers, or covered with insect- (e) Management program for fruit flies; proof mesh or plastic tarpaulin, for monitoring. The NPPO of Peru’s fruit transit to the United States. These fly management program must be ap- safeguards must remain intact until proved by APHIS, and must require arrival in the United States or the con- that participating citrus producers signment will be denied entry into the allow APHIS inspectors access to pro- United States. duction areas in order to monitor com- (6) During the time the packinghouse pliance with the fruit fly management is in use for exporting peppers to the program. The fruit fly management United States, the packinghouse may program must also provide for the fol- accept peppers only from registered ap- lowing: proved production sites. (1) Trapping and control. In areas (7) The exporting country’s NPPO is where citrus is produced for export to responsible for export certification, in- the United States, traps must be placed spection, and issuance of phytosanitary in fruit fly host plants at least 6 weeks certificates. Each consignment of pep- prior to harvest at a rate mutually pers must be accompanied by a agreed upon by APHIS and the NPPO phytosanitary certificate issued by the of Peru. If fruit fly trapping levels at a NPPO and bearing the declaration, production site exceed the thresholds ‘‘These peppers were grown in an ap- established by APHIS and the NPPO of proved production site and the consign- Peru, exports from that production site ment has been inspected and found free will be suspended until APHIS and the of the pests listed in the require- NPPO of Peru conclude that fruit fly ments.’’ The shipping box must be la- population levels have been reduced to beled with the identity of the produc- an acceptable limit. Fruit fly traps are tion site. monitored weekly; therefore, reinstate- (Approved by the Office of Management and ments of production sites will be evalu- Budget under control number 0579–0274) ated on a weekly basis. (2) Records. The NPPO of Peru or its § 319.56–41 Citrus from Peru. designated representative must keep Grapefruit (Citrus paradisi), limes (C. records that document the fruit fly aurantiifolia), mandarins or tangerines trapping and control activities in areas (C. reticulata), sweet oranges (C. that produce citrus for export to the sinensis), and tangelos (Citrus tangelo) United States. All trapping and control may be imported into the United records kept by the NPPO of Peru or States from Peru under the following its designated representative must be conditions: made available to APHIS upon request. (a) The fruit must be accompanied by (f) Cold treatment. The fruit, except a permit issued in accordance with for limes (C. aurantiifolia), must be cold § 319.56–3(b). treated for Anastrepha fraterculus, A.

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obliqua, A. serpentina, and Ceratitis safeguarded by an insect-proof mesh capitata (Mediterranean fruit fly) in ac- screen or plastic tarpaulin while in cordance with part 305 of this chapter. transit from the production site to the (g) Phytosanitary inspection. Each packinghouse and while awaiting pack- consignment of fruit must be accom- ing. The peppers must be packed in in- panied by a phytosanitary certificate sect-proof cartons or containers, or issued by the NPPO of Peru stating covered with insect-proof mesh or plas- that the fruit has been inspected and tic tarpaulin, for transit to the conti- found free of Ecdytolopha aurantiana. nental United States. These safeguards (h) Port of first arrival sampling. Citrus must remain intact until the arrival of fruits imported from Peru are subject the peppers in the United States or the to inspection by an inspector at the consignment will not be allowed to port of first arrival into the United enter the United States. States in accordance with § 319.56–3(d). (e) Each consignment of peppers At the port of first arrival, an inspec- must be accompanied by a tor will sample and cut citrus fruits phytosanitary certificate of inspection from each consignment to detect pest issued by NPQS bearing the following infestation. If a single live fruit fly in additional declaration: ‘‘These peppers any stage of development or a single E. were grown in greenhouses in accord- aurantiana is found, the consignment ance with the conditions in 7 CFR will be held until an investigation is 319.56–42 and were inspected and found completed and appropriate remedial free from Agrotis segetum, Helicoverpa actions have been implemented. armigera, Helicoverpa assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia § 319.56–42 Peppers from the Republic furnacalis, Scirtothrips dorsalis, of Korea. Spodoptera litura, and Thrips palmi.’’ Peppers (Capsicum annuum L. var. (f) The peppers must be imported in annuum) from the Republic of Korea commercial consignments only. may be imported into the continental (Approved by the Office of Management and United States only under the following Budget under control number 0579–0282) conditions and in accordance with all other applicable provisions of this sub- § 319.56–43 Baby corn and baby car- part: rots from Zambia. (a) The peppers must be grown in the (a) Immature, dehusked ‘‘baby’’ Republic of Korea in insect-proof sweet corn (Zea mays L.) measuring 10 greenhouses approved by and registered to 25 millimeters (0.39 to 0.98 inches) in with the National Plant Quarantine diameter and 60 to 105 millimeters (2.36 Service (NPQS). to 4.13 inches) in length may be im- (b) The greenhouses must be equipped ported into the continental United with double self-closing doors, and any States from Zambia only under the fol- vents or openings in the greenhouses lowing conditions and in accordance (other than the double self-closing with all other applicable provisions of doors) must be covered with 0.6 mm this subpart: screening in order to prevent the entry (1) The production site, which is a of pests into the greenhouse. field, where the corn has been grown (c) The greenhouses must be in- must have been inspected at least once spected monthly throughout the grow- during the growing season and before ing season by NPQS to ensure harvest for the following pest: phytosanitary procedures are employed Phomopsis jaczewskii. to exclude plant pests and diseases, and (2) After harvest, the corn must be that the screens are intact. inspected by Zambia’s national plant (d) The peppers must be packed with- protection organization (NPPO) and in 24 hours of harvest in a pest-exclu- found free of the pests listed in para- sionary packinghouse. During the time graph (a)(1) of this section before the the packinghouse is in use for export- corn may be shipped to the continental ing peppers to the continental United United States. States, the packinghouse can accept (3) The corn must be inspected at the peppers only from registered approved port of first arrival as provided in production sites. The peppers must be § 319.56–3(d).

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(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 (b) Immature ‘‘baby’’ carrots (Daucus preventative release program using carota L. ssp. sativus) for consumption sterile insect technique for the Mexi- measuring 10 to 18 millimeters (0.39 to can fruit fly (Anastrepha ludens). 0.71 inches) in diameter and 50 to 105 (b) Fruit fly trapping protocol. (1) Trap- millimeters (1.97 to 4.13 inches) in ping densities. In areas where grape- length may be imported into the conti- fruit, sweet oranges, and tangerines are nental United States from Zambia only produced for export to the United under the following conditions: States, APHIS approved traps and (1) The production site, which is a lures must be placed in production field, where the carrots have been sites and a surrounding 1.5 mile buffer grown must have been inspected at areas as follows: least once during the growing season (i) For Mexican fruit fly (Anastrepha and before harvest for the following ludens) and sapote fruit fly (A. pest: Meloidogyne ethiopica. serpentina): One trap per 50 hectares. (2) After harvest, the carrots must be (ii) For Mediterranean fruit fly inspected by the NPPO of Zambia and (Ceratitis capitata): One to four traps found free of the pests listed in para- per 250 hectares. graph (b)(1) of this section before the (2) Fruit fly catches. Upon trapping of carrots may be shipped to the conti- a Mexican fruit fly, sapote fruit fly, or nental United States. Mediterranean fruit fly in a production (3) The carrots must be inspected at site or buffer area, exports from that the port of first arrival as provided in production site are prohibited until the § 319.56–3(d). Administrator determines that the (4) Each consignment must be accom- phytosanitary measures taken have panied by a phytosanitary certificate been effective to allow the resumption issued by the NPPO of Zambia that in- of export from that production site. cludes an additional declaration stat- (3) Monitoring. The trapping program ing that the carrots have been in- must be monitored under an APHIS-ap- spected and found free of Meloidogyne proved quality control program. ethiopica based on field and packing- (c) Safeguarding. Fruit must be safe- house inspections. guarded against fruit fly infestation (5) The carrots must be free from using methods approved by APHIS leaves and soil. from the time of harvest until proc- (6) The carrots may be imported in essing in the United States. commercial consignments only. (d) Phytosanitary certificate. Each con- (Approved by the Office of Management and signment must be accompanied by a Budget under control number 0579–0284) phytosanitary certificate issued by Mexico’s national plant protection or- § 319.56–44 Untreated grapefruit, ganization that contains additional sweet oranges, and tangerines from declarations stating that the require- Mexico for processing. ments of paragraphs (a), (b), and (c) of Untreated grapefruit (Citrus paradisi), this section have been met. sweet oranges (Citrus sinensis), and tan- (e) Ports. The harvested fruit may gerines (Citrus reticulata) may be im- enter the United States only through a ported into the United States from port of entry located in one of the Mexico for extracting juice if they Texas counties listed in § 301.64–3(c) of originate from production sites in Mex- this chapter. ico that are approved by APHIS be- (f) Route of transit. Harvested fruit cause they meet the following condi- must travel on the most direct route to

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the processing plant from its point of States from India only under the fol- entry into the United States as speci- lowing conditions: fied in the import permit. Such fruit (a) The mangoes must be treated in may not enter or transit areas other India with irradiation by receiving a than the Texas counties listed in minimum absorbed dose of 400 Gy in § 301.64–3(c) of this chapter. accordance with § 305.31 of this chapter. (g) Approved destinations. Processing (b) The risks presented by plants within the United States must Cytosphaera mangiferae and Macrophoma be located within an area in Texas that mangiferae must be addressed in one of is under an APHIS-approved preventa- the following ways: tive release program using sterile in- (1) The mangoes are treated with a sect technique for Mexican fruit fly. broad-spectrum post-harvest fungicidal (h) Compliance agreements. Processing dip; or plants within the United States must (2) The orchard of origin is inspected enter into a compliance agreement prior to the beginning of harvest as de- with APHIS in order to handle grape- termined by the mutual agreement be- fruit, sweet oranges, and tangerines tween APHIS and the national plant imported from Mexico in accordance protection organization (NPPO) of with this section. APHIS will only India and the orchard is found free of enter into compliance agreements with Cytosphaera mangiferae and Macrophoma facilities that handle and process mangiferae; or grapefruit, sweet oranges, and tan- (3) The orchard of origin is treated gerines from Mexico in such a way as with a broad-spectrum fungicide during to eliminate any risk that exotic fruit the growing season and is inspected flies could be disseminated into the prior to the beginning of harvest as de- United States, as determined by termined by the mutual agreement be- APHIS. tween APHIS and the NPPO of India and the fruit found free of Cytosphaera (Approved by the Office of Management and Budget under control number 0579–0264) mangiferae and Macrophoma mangiferae. (c) Each consignment of mangoes § 319.56–45 Shelled garden peas from must be inspected jointly by APHIS Kenya. and the NPPO of India as part of the required preclearance inspection ac- Garden peas (Pisum sativum) may be imported into the continental United tivities at a time and in a manner de- States from Kenya only under the fol- termined by mutual agreement be- lowing conditions and in accordance tween APHIS and the NPPO of India. with all other applicable provisions of (d) The risks presented by this subpart: Cytosphaera mangiferae, Macrophoma mangiferae, and Xanthomonas (a) The peas must be shelled from the campestris pv. mangiferaeindicae must pod. be addressed by inspection during (b) The peas must be washed in dis- preclearance activities. infectant water at 3 to 5 °C containing (e) Each consignment of fruit must 50 ppm chlorine. be inspected jointly by APHIS and the (c) Each shipment of peas must be ac- NPPO of India and accompanied by a companied by a phytosanitary certifi- phytosanitary certificate issued by the cate of inspection issued by the na- NPPO of India certifying that the fruit tional plant protection organization of received the required irradiation treat- Kenya bearing the following additional ment. The phytosanitary certificate declaration: ‘‘These peas have been must also bear two additional declara- shelled and washed in accordance with tions confirming that: 7 CFR 319.56–45 and have been inspected (1) The mangoes were subjected to and found free of pests.’’ one of the pre- or post-harvest mitiga- (Approved by the Office of Management and tion options described in § 319.56–46(b) Budget under control number 0579–0302) and (2) The mangoes were inspected dur- § 319.56–46 Mangoes from India. ing preclearance activities and found Mangoes (Mangifera indica) may be free of Cytosphaera mangiferae, imported into the continental United Macrophoma mangiferae, and

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Xanthomonas campestris pv. § 319.56–48 Conditions governing the mangiferaeindicae. entry of baby squash and baby (f) The mangoes may be imported in courgettes from Zambia. commercial consignments only. Baby squash (Curcurbita maxima Duchesne) and baby courgettes (C. (Approved by the Office of Management and pepo. L.) measuring 10 to 25 millime- Budget under control number 0579–0312) ters (0.39 to 0.98 inches) in diameter § 319.56–47 Certain fruits from Thai- and 60 to 105 millimeters (2.36 to 4.13 land. inches) in length may be imported into the continental United States from Litchi (Litchi chinensis), longan Zambia only under the conditions de- (Dimocarpus longan), mango (Mangifera scribed in this section. These condi- indica), mangosteen (Garcinia tions are designed to prevent the intro- mangoestana L.), pineapple (Ananas duction of the following quarantine comosus), and rambutan (Nephelium pests: Aulacaspis tubercularis, Dacus lappaceum L.) may be imported into the bivitattus, Dacus ciliatus, Dacus frontalis, United States from Thailand only Dacus lounsburyii, Dacus punctatifrons, under the following conditions: Dacus vertebratus, Diaphania indica, (a) Growing conditions. Litchi, longan, Helicoverpa armigera, and Spodoptera mango, mangosteen, pineapple, and littoralis. rambutan must be grown in a produc- (a) Approved greenhouses. The baby tion area that is registered with and squash and baby courgettes must be monitored by the national plant pro- grown in Zambia in insect-proof, pest- tection organization of Thailand. free greenhouses approved jointly by the Zambian national plant protection (b) Treatment. Litchi, longan, mango, organization (NPPO) and APHIS. mangosteen, pineapple, and rambutan (1) The greenhouses must be equipped must be treated for plant pests of the with double self-closing doors. class Insecta, except pupae and adults (2) Any vents or openings in the of the order Lepidoptera, with irradia- greenhouses (other than the double tion in accordance with § 305.31 of this self-closing doors) must be covered chapter. Treatment must be conducted with 1.6 mm screening in order to pre- in Thailand prior to importation of the vent the entry of pests into the green- fruits into the United States. house. (c) Phytosanitary certificates. (1) Li- (3) The greenhouses must be in- tchi must be accompanied by a spected periodically by the Zambian phytosanitary certificate with an addi- NPPO or its approved designee to en- tional declaration stating that the li- sure that sanitary procedures are em- tchi were treated with irradiation as ployed to exclude plant pests and dis- described in paragraph (b) of this sec- eases and to verify that the screening tion and that the litchi have been in- is intact. spected and found to be free of (4) The greenhouses also must be in- Peronophythora litchi. spected monthly for the quarantine pests listed in the introductory text of (2) Longan, mango, mangosteen, this section by the Zambian NPPO or pineapple, and rambutan must be ac- its approved designee, beginning 2 companied by a phytosanitary certifi- months before harvest and continuing cate with an additional declaration for the duration of the harvest. APHIS stating that the longan, mango, must be allowed to inspect or monitor mangosteen, pineapple, or rambutan the greenhouses during this period as were treated with irradiation as de- well. If, during these inspections, any scribed in paragraph (b) of this section. of the quarantine pests listed in the in- (d) Labeling. In addition to meeting troductory text of this section is found the labeling requirements in § 305.31, inside the greenhouse, the Zambian cartons in which litchi and longan are NPPO will immediately prohibit that packed must be stamped ‘‘Not for im- greenhouse from exporting baby squash portation into or distribution in FL.’’ or baby courgettes to the United States and notify APHIS of the action. [72 FR 48548, Aug. 24, 2007] The prohibition will remain in effect

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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 houses at a density of four traps per spp. captures. The Zambian NPPO hectare, with a minimum of at least must maintain an APHIS-approved two traps per greenhouse. The traps quality control program to audit the must be serviced at least once every 7 trapping program. APHIS must be days. If a Dacus spp. fruit fly is found given access to review 1 year’s worth of in a trap inside the greenhouse, the trapping data for any approved green- Zambian NPPO will immediately pro- house upon request. hibit that greenhouse from exporting (c) Packinghouse procedures. Baby baby squash or baby courgettes to the squash and baby courgettes must be United States and notify APHIS of the packed within 24 hours of harvest in a action. The prohibition will remain in pest-exclusionary packinghouse. No effect until the Zambian NPPO and shade trees are permitted within 10 me- APHIS agree that the risk has been ters of the entry door of the packing- mitigated. house, and no fruit fly host plants are (2) Outside the greenhouse. (i) Ap- permitted within 50 meters of the entry proved fruit fly traps with an approved door of the packinghouse. In addition, protein bait must be placed inside a during packing, no fruit fly host mate- buffer area 500 meters wide around the rial other than the baby squash and greenhouse at a density of 1 trap per 10 baby courgettes may be brought into hectares, with a total of at least 10 the packinghouse, and no fruit fly host traps. At least one of these traps must material may be discarded within 50 be placed near the greenhouse. These meters of the entry door of the pack- traps must be serviced at least once inghouse. The baby squash or baby every 7 days. courgettes must be safeguarded by a (ii) No shade trees are permitted pest-proof screen or plastic tarpaulin within 10 meters of the entry door of while in transit to the packinghouse the greenhouse, and no fruit fly host and while awaiting packing. The baby plants are permitted within 50 meters squash or baby courgettes must be of the entry door of the greenhouse. packed in insect-proof cartons for ship- While trapping is being conducted, no ment to the United States. These car- fruit fly host material (such as fruit) tons must be labeled with the identity may be brought into the greenhouse or of the greenhouse. While packing the be discarded within 50 meters of the baby squash or baby courgettes for ex- entry door of the greenhouse. Ground port to the United States, the packing- applications of an approved protein house may only accept baby squash or bait spray for the Dacus spp. fruit flies baby courgettes from approved green- must be used on all shade trees and houses. These safeguards must remain host plants within 200 meters sur- intact until the arrival of the baby rounding the greenhouse every 6 to 10 squash or baby courgettes in the days starting at least 30 days before United States. If the safeguards do not and during harvest. remain intact, the consignment will (iii) Dacus spp. fruit fly prevalence not be allowed to enter the United levels lower than 0.7 flies per trap per States.

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(d) Commercial consignments. Baby tory text of this section by the Israeli squash and baby courgettes from Zam- NPPO or its approved designee, begin- bia may be imported in commercial ning 2 months before harvest and con- consignments only. tinuing for the duration of the harvest. (e) Phytosanitary certificate. Each con- APHIS must be granted access to in- 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- (Approved by the Office of Management and porting eggplant to the continental Budget under control number 0579–0347) United States and notify APHIS of the action. The prohibition will remain in [73 FR 76867, Dec. 18, 2008] effect until the Israeli NPPO and § 319.56–49 Eggplant from Israel. APHIS agree that the risk has been mitigated. Eggplant (Solanum melongena L.) may (b) Trapping for Medfly. Trapping for be imported into the continental Mediterranean fruit fly (Medfly, United States from Israel only under ) is required both in- the conditions described in this sec- Ceratitis capitata tion. These conditions are designed to side and outside the pest-exclusionary prevent the introduction of the fol- structures. Trapping must begin 2 lowing quarantine pests: Ceratitis months before harvest and continue for capitata, Eutetranychus orientalis, the duration of the harvest. Helicoverpa armigera, Nipaecoccus viridis, (1) Inside the pest-exclusionary struc- Scirtothrips dorsalis, and Spodoptera tures. APHIS-approved fruit fly traps littoralis. with an approved protein bait must be (a) Approved pest-exclusionary struc- placed inside the pest-exclusionary tures. The eggplant must be grown in structures at a density of four traps pest-exclusionary structures in ap- per hectare, with a minimum of at proved production sites in the Arava least two traps per pest-exclusionary Valley of Israel by growers registered structure. The traps must be serviced with the Israeli national plant protec- at least once every 7 days. If a single tion organization (NPPO). Initial ap- Medfly is found in a trap inside a pest- proval of the production sites must be exclusionary structure, the Israeli completed jointly by the Israeli NPPO NPPO will immediately prohibit that and APHIS. pest-exclusionary structure from ex- (1) The pest-exclusionary structures porting eggplant to the continental must be equipped with double self-clos- United States and notify APHIS of the ing doors. action. The prohibition will remain in (2) Any vents or openings in the pest- effect until the Israeli NPPO and exclusionary structures (other than the APHIS agree that the risk has been double self-closing doors) must be cov- mitigated. ered with 1.6 mm or smaller screening (2) Outside the pest-exclusionary struc- in order to prevent the entry of pests tures. (i) No shade trees are permitted into the pest-exclusionary structure. within 10 meters of the entry door of (3) The pest-exclusionary structures the pest-exclusionary structures, and must be inspected periodically by the no fruit fly host plants are permitted Israeli NPPO or its approved designee within 50 meters of the entry door of to ensure that sanitary procedures are the pest-exclusionary structures. While employed to exclude plant pests and trapping is being conducted, no fruit diseases and to verify that the screen- fly host material (such as fruit) may be ing is intact. brought into the pest-exclusionary (4) The pest-exclusionary structures structures or be discarded within 50 also must be inspected monthly for the meters of the entry door of the pest-ex- quarantine pests listed in the introduc- clusionary structures.

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(ii) A treatment jointly approved by approved production site and inspected the Israeli NPPO and APHIS must be and found free of the pests listed in 7 applied for the duration of the eggplant CFR 319.56–49.’’ harvest in the areas of the Arava Val- [74 FR 26513, June 3, 2009] ley where fruit fly host material occurs in backyards. (iii) Trapping for Medfly must be Subpart—Wheat Diseases conducted by the Israeli NPPO or its approved designee throughout the year SOURCE: At 70 FR 8231, Feb. 18, 2005, unless in the agricultural region along the otherwise noted. Arava Highway 90 and in the residential area of Paran. § 319.59–1 Definitions. (iv) Trapping records must be kept Administrator. The Administrator of and made available for APHIS review the Animal and Plant Health Inspec- upon request. tion Service, United States Depart- (c) Packinghouse procedures. The egg- ment of Agriculture, or any employee plant must be packed within 24 hours of the United States Department of Ag- of harvest in a pest-exclusionary pack- riculture delegated to act in his or her inghouse. While packing the eggplant stead. for export to the continental United Animal and Plant Health Inspection States, the packinghouse may only ac- Service (APHIS). The Animal and Plant cept eggplant from approved pest-ex- Health Inspection Service of the U.S. clusionary structures. No shade trees Department of Agriculture. are permitted within 10 meters of the From. An article is considered to be entry door of the packinghouse, and no ‘‘from’’ any country or locality in fruit fly host plants are permitted which it was grown. within 50 meters of the entry door of Grain. Wheat (Triticum aestivum), the packinghouse. The eggplant must durum wheat (Triticum durum), and be safeguarded by a pest-proof screen triticale (Triticum aestivum X Secale or plastic tarpaulin while in transit to cereale) used for consumption or proc- the packinghouse and while awaiting essing. packing. Packinghouse procedures Hay. Host crops cut and dried for must include culling of any visibly feeding to livestock. Hay cut after damaged, overripe, or infested egg- reaching the dough stage may contain plant. The eggplant must be packed in mature kernels of the host crop. either individual insect-proof cartons Host crops. Plants or plant parts, in- or boxes labeled with the specific place cluding grain, seed, or hay, of wheat of origin or non-insect-proof cartons or (Triticum aestivum), durum wheat boxes that are covered by insect-proof (Triticum durum), and triticale (Triticum mesh or plastic tarpaulins. Covered aestivum X Secale cereale). non-insect-proof cartons or boxes must Inspector. Any individual authorized be placed in shipping containers that by the Administrator of APHIS or the have identification labels indicating Commissioner of the Bureau of Cus- the specific place of origin. These safe- toms and Border Protection, Depart- guards must remain intact until the ment of Homeland Security, to enforce arrival of the eggplant in the conti- the regulations in this subpart. nental United States or the consign- Karnal bunt. A plant disease caused ment will not be allowed to enter the by the fungus Tilletia indica (Mitra) continental United States. Mundkur. (d) Commercial consignments. Eggplant Plant. Any plant (including any plant from Israel may be imported in com- part) for or capable of propagation, in- mercial consignments only. cluding a tree, a tissue culture, a (e) Phytosanitary certificate. Each con- plantlet culture, pollen, a shrub, a signment of eggplant must be accom- vine, a cutting, a graft, a scion, a bud, panied by a phytosanitary certificate a bulb, a root, and a seed. of inspection issued by the Israeli Seed. Wheat (Triticum aestivum), NPPO with an additional declaration durum wheat (Triticum durum), and reading as follows: ‘‘The eggplant in triticale (Triticum aestivum × Secale this consignment has been grown in an cereale) used for propagation.

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Spp. (species). All species, clones, to the number of the departmental per- cultivars, strains, varieties, and hy- mit issued for such article. brids, of a genus. [70 FR 8231, Feb. 18, 2005, as amended at 70 Straw. The vegetative material left FR 71212, Nov. 28, 2005; 72 FR 43523, Aug. 6, after the harvest of host crops. Straw 2007] is generally used as animal feed or bed- ding, as mulch, or for erosion control. § 319.59–3 Articles prohibited importa- United States. The States, the Com- tion pending risk evaluation. monwealth of the Northern Mariana Is- The articles listed in paragraph (a) of lands, the Commonwealth of Puerto this section from the countries and lo- Rico, the District of Columbia, Guam, calities listed in paragraph (b) of this the Virgin Islands of the United States, section are prohibited from being im- or any other territory or possession of ported or offered for entry into the the United States. United States, except as provided in [70 FR 8231, Feb. 18, 2005, as amended at 70 § 319.59–2(b), pending the completion of FR 71212, Nov. 28, 2005] an evaluation by APHIS of the potential pest risks associated with the arti- § 319.59–2 General import prohibitions; cles. The national plant protection or- exceptions. ganization of any listed country or lo- (a) Except as provided in paragraph cality may contact APHIS 1 to initiate (b) of this section, importation of the preparation of a risk evaluation. If Triticum spp. plants into the United supported by the results of the risk States from any country except Canada evaluation, APHIS will take action to is prohibited. This prohibition does not remove that country or locality from include seed. the list in paragraph (b) of this section. (b) Triticum spp. plants, articles listed (a) The following articles of Triticum in § 319.59–3 as prohibited importation spp. (wheat) or of Aegilops spp. (barb pending risk evaluation, and articles goatgrass, goatgrass): regulated for Karnal bunt in § 319.59– (1) Seeds, plants, and straw (other 4(a) may be imported by the U.S. De- than straw, with or without heads, partment of Agriculture for experi- which has been processed or manufac- mental or scientific purposes if: tured for use indoors, such as for deco- (1) Imported at the National Plant rative purposes or for use in toys); Germplasm Inspection Station, Build- chaff; and products of the milling proc- ing 580, Beltsville Agricultural Center ess (i.e., bran, shorts, thistle sharps, East, Beltsville, MD 20705, or through and pollards) other than flour; and any USDA plant inspection station (2) Seeds of Melilotus indica (annual listed in § 319.37–14 of this part; yellow sweetclover) and seeds of any (2) Imported pursuant to a depart- other field crops that have been sepa- mental permit issued for such article rated from wheat during the screening and kept on file at the National Plant process. Germplasm Inspction Station; (b) Afghanistan, Algeria, Armenia, (3) Imported under conditions of Australia, Azerbaijan, Bangladesh, treatment, processing, growing, ship- Belarus, Bulgaria, Chile, China, Cy- ment, or disposal specified on the de- prus, Egypt, Estonia, Falkland Islands, partmental permit and found by the Georgia, Greece, Guatemala, Hungary, Administrator to be adequate to pre- India, Iran, Iraq, Israel, Italy, Japan, vent the introduction into the United Kazakhstan, Kyrgyzstan, Latvia, States of tree, plant, or fruit diseases, Libya, Lithuania, Moldova, Morocco, injurious insects, and other plant Nepal, North Korea, Oman, Pakistan, pests, and Portugal, Romania, Russia, Spain, (4) Imported with a departmental tag Tajikistan, Tanzania, Tunisia, Turkey, or label securely attached to the out- Turkmenistan, South Africa, South side of the container containing the article or securely attached to the article 1 Requests should be submitted in writing itself if not in a container, and with to Phytosanitary Issues Management, PPQ, such tag or label bearing a depart- APHIS, 4700 River Road, Unit 140, Riverdale, mental permit number corresponding MD 20737–1236.

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Korea, Ukraine, Uzbekistan, and Ven- of the specific areas that are approved ezuela. as areas in which Karnal bunt is not [70 FR 8231, Feb. 18, 2005, as amended at 70 known to occur in order to provide the FR 71212, Nov. 28, 2005] public with current, valid information. Areas listed as being free from Karnal § 319.59–4 Karnal bunt. bunt are subject to audit by APHIS to (a) Regulated articles. The following verify that they continue to merit such are regulated articles for Karnal bunt: listing. (1) Conveyances, including trucks, (c) Handling, inspection and railroad cars, and other containers phytosanitary certificates. Unless other- used to move host crops from a region wise prohibited under § 319.59–3 of this listed in paragraph (b)(1) of this section subpart, any articles described in para- that test positive for Karnal bunt graph (a)(2) of this section that are through the presence of bunted ker- from a region listed in paragraph (b)(1) nels; of this section may be imported into (2) Plant parts, including grain, seed, the United States subject to the fol- straw, or hay, of all varieties of wheat lowing conditions: (Triticum aestivum), durum wheat (1) The articles must be from an area (Triticum durum), and triticale (Triticum that has been recognized, in accordance aestivum × Secale cereale) from a region listed in paragraph (b)(1) of this sec- with paragraph (b)(2) of this section, to tion, except for straw/stalks/seed heads be an area free of Karnal bunt, or the for decorative purposes that have been articles have been tested and found to processed or manufactured prior to be free of Karnal bunt; movement and are intended for use in- (2) The articles have not been com- doors; mingled prior to arrival at a U.S. port (3) Tilletia indica (Mitra) Mundkur; of entry with articles from areas where (4) Mechanized harvesting equipment Karnal bunt is known to occur; that has been used in the production of (3) The articles offered for entry wheat, durum wheat, or triticale that must be made available to an inspector has tested positive for Karnal bunt for examination and remain at the port through the presence of bunted ker- until released, or authorized further nels; and movement pending release, by an in- (5) Seed conditioning equipment and spector; and storage/handling equipment that has (4) The articles must be accompanied been used in the production of wheat, by a phytosanitary certificate issued durum wheat, or triticale seed found to by the national plant protection orga- contain the spores of Tilletia indica. nization of the region of origin that in- (b)(1) Karnal bunt is known to occur cludes the following additional declara- in the following regions: Afghanistan, tion: ‘‘These articles originated in an India, Iran, Iraq, Mexico, Nepal, Paki- area where Karnal bunt is not known stan, and South Africa. to occur, as attested to either by sur- (2) The Administrator may recognize vey results or by testing for bunted an area within a region listed in para- kernels or spores.’’ graph (b)(1) of this section as an area free of Karnal bunt whenever he or she (d) Treatments. (1) Prior to entry into determines that the area meets the re- the United States, the following arti- quirements of the International Stand- cles must be cleaned by removing any ard for Phytosanitary Measures (ISPM) soil and plant debris that may be No. 4, ‘‘Requirements for the establish- present. ment of pest free areas.’’ The inter- (i) All conveyances and mechanized national standard was established by harvesting equipment used for storing the International Plant Protection and handling wheat, durum wheat, or Convention of the United Nations’ triticale that tested positive for Karnal Food and Agriculture Organization and bunt based on bunted kernels. is incorporated by reference in § 300.5 of (ii) All grain storage and handling this chapter. APHIS will publish a no- equipment used to store or handle seed tice in the FEDERAL REGISTER and that has tested spore positive or grain maintain on an APHIS Web site a list that has tested bunted-kernel positive.

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(iii) All seed-conditioning equipment from all countries except Mexico, and used to store or handle seed that has the countries of Central America, the tested spore-positive. West Indies, and South America. (2) Articles listed in paragraphs (3) Cotton and cotton products (lint, (d)(1)(i) and (d)(1)(ii) of this section will waste, seed cotton, cottonseed, and require disinfection in addition to cottonseed hulls); from all countries. cleaning prior to entry into the United (4) Sugarcane; all parts of the plant States if an inspector or an official of including bagasse, from all countries. the plant protection organization of (5) Bamboo; leaves and small shoots, the country of origin determines that from all countries. disinfection is necessary to prevent the spread of Karnal bunt. Disinfection is (6) Leaves of plants; from all coun- required for all seed conditioning tries. equipment covered under paragraph (7) Forest litter; from all countries. (d)(1)(iii) prior to entry into the United (8) Soil containing an appreciable ad- States. mixture of vegetable matter, from all (3) Items that require disinfection countries, except such types of soil or prior to entry into the United States earth as are authorized as safe for must be disinfected by one of the meth- packing by the rules and regulations ods specified in paragraphs (d)(3)(i) promulgated supplemental to this through (d)(3)(iii) of this section, un- quarantine. less a particular treatment is des- Exceptions to the above prohibitions ignated by an inspector or by an offi- may be authorized in the case of special of the plant protection organiza- cific materials which have been so pre- tion of the country of origin: pared, manufactured, or processed that (i) Wetting all surfaces to the point in the judgment of the inspector no of runoff with a 1.5 percent sodium hy- pest risk is involved in their entry. pochlorite solution and letting stand for 15 minutes, then thoroughly wash- (b) The following plants and plant ing down all surfaces after 15 minutes products when used as packing mate- to minimize corrosion; rials will be permitted entry into the (ii) Applying steam to all surfaces United States from the countries and until the point of runoff, and so that a localities designated below only in ac- temperature of 170 °F is reached at the cordance with the regulations supple- point of contact; or mental to this quarantine: (iii) Cleaning with a solution of hot (1) Cereal straw, hulls, and chaff water and detergent, applied under (such as oats, barley, and rye) from all pressure of at least 30 pounds per countries, except rice straw, hulls, and square inch, at a minimum tempera- chaff, which are prohibited importation ture of 170 °F. from all countries by paragraph (a)(1) of this section, and except wheat straw, (Approved by the Office of Management and hulls, and chaff, which are restricted Budget under control number 0579–0240) importation by § 319.59 of this part from any country or locality listed in Subpart—Packing Materials § 319.59–2 of this part. QUARANTINE (2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass, napier § 319.69 Notice of quarantine. grass, jobs-tears, teosinte, Polytoca, (a) The following plants and plant Sclerachne, Chionachne); all parts, products, when used as packing mate- from Mexico and the countries of Cen- rials, are prohibited entry into the tral America, the West Indies, and United States from the countries and South America. localities named: (3) Grasses and hay and similar in- (1) Rice straw, hulls, and chaff; from definite dried or cured masses of all countries. grasses, weeds, and herbaceous plants; (2) Corn and allied plants (maize, sor- from all countries. ghum, broomcorn, Sudan grass, napier (4) Soil containing an appreciable ad- grass, jobs-tears, teosinte, Polytoca, mixture of vegetable matter, from all Sclerachne, Chionachne); all parts, countries, which is authorized as safe

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for packing by the rules and regula- be made in accordance with § 330.106 of tions promulgated supplemental to this this chapter. quarantine. (b) Corn and allied plants listed in (c) However, whenever the Deputy § 319.69(a)(2) may be imported into Administrator of the Plant Protection Guam subject to the requirements of and Quarantine Programs shall find §§ 319.69–2, 319.69–3, and 319.69–4. that existing conditions as to pest risk (c) Under § 319.69(a) (6) and (7), coco- involved in the movement of the arti- nut fronds and other parts of the coco- cles to which the regulations supple- nut trees are prohibited entry into mental hereto apply, make it safe to Guam as packing materials except as modify by making less stringent, the permitted in § 319.37–9. restrictions contained in any of such [24 FR 10788, Dec. 29, 1959, as amended at 60 regulations, he shall publish such find- FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, ings in administrative instructions, 1997] specifying the manner in which the regulations shall be made less strin- RULES AND REGULATIONS gent, whereupon such modification shall become effective; or he may, § 319.69–1 Definitions. when the public interests will permit, (a) Packing materials. The expression with respect to the importation of such ‘‘packing material’’, as used in § 319.69, articles into Guam, upon request in includes any of the plants or plant specific cases, authorize such importa- products enumerated, when these are tion under conditions, specified in the associated with or accompany any permit to carry out the purposes of commodity or shipment to serve for this subpart, that are less stringent filling, wrapping, ties, lining, mats, than those contained in the regula- moisture retention, protection, or for tions. any other purpose; and the word (d) This quarantine shall leave in full ‘‘packing’’, as used in the expression force and effect all other quarantines ‘‘packing materials’’, shall include the and orders. presence of such materials within, in (e) As used in this subpart, unless the contact with, or accompanying such 1 context otherwise requires, the term commodity or shipment. United States means the States, the Dis- (b) Soil containing vegetable matter. trict of Columbia, Guam, Puerto Rico, Soil containing an appreciable admix- and the Virgin Islands of the United ture of vegetable matter, here brought States. under quarantine only because its content of decaying vegetation or plant re- [24 FR 10788, Dec. 29, 1959, as amended at 26 mains carries a definite pest risk, is to FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; be distinguished from soil of purely 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, mineral or earthy composition, which 1998] is not covered by this quarantine. (c) Inspector. An inspector of the U.S. § 319.69a Administrative instructions and interpretation relating to the Department of Agriculture. entry into Guam of plant materials specified in § 319.69. § 319.69–2 Freedom from pests. (a) Plants and products designated in All packing materials allowed entry § 319.69(a)(1), (3), (4), and (5) and (b)(1) under restriction shall be free from in- and (3) as prohibited or restricted entry jurious insects and plant diseases. into the United States from the coun- § 319.69–3 Entry inspection. tries and localities named may be imported into Guam as packing materials All packing materials shall be sub- without prohibition or restriction ject to inspection at time of entry. under this subpart. Inspection of such importations may be made under the 1 Since it is the packing materials them- general authority of § 330.105(a) of this selves which constitute the danger and not the manner of use, it is intended that the chapter. If an importation is found in- definition shall include their presence within fected, infested, or contaminated with or accompanying a shipment regardless of any plant pest and is not subject to dis- their function or relation to a shipment or posal under this part, disposition may the character of the shipment.

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§ 319.69–4 Disposition of materials vastatrix (Berkely and Broome), which found in violation. causes an injurious rust disease, the If the inspector shall find packing following articles are prohibited impor- materials associated with or accom- tation into Hawaii and Puerto Rico, ex- panying any commodity or shipment cept as provided in § 319.73–3 of this sub- being imported, or to have been im- part: ported, in violation of § 319.69 or of the (1) Unroasted coffee; regulations in this subpart or shall find (2) Coffee plants and leaves; and them infested or infected with inju- (3) Empty sacks previously used for rious insects or plant diseases, the in- unroasted coffee. spector may refuse entry to the ship- (b) Due to the risk of Mediterranean ment, or the inspector may seize and fruit fly and other injurious insects, destroy or otherwise dispose of such seeds of all kinds when in pulp, includ- packing material, or the inspector may ing coffee berries or fruits, are prohib- require it to be replaced, or sterilized, ited importation into all parts of the or otherwise treated. United States by § 319.37–2(a) of this part, except as provided in § 319.37–2(c). [24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33326, June 7, 2005] § 319.73–3 Conditions for transit movement of certain products through § 319.69–5 Types of soil authorized for Puerto Rico or Hawaii. packing. (a) Mail. Samples of unroasted coffee The following types of soil or earth that are transiting Hawaii or Puerto are authorized as safe for packing: (a) Rico en route to other destinations and Peat, (b) peat moss, and (c) Osmunda that are packaged to prevent the es- fiber. cape of any plant pests may proceed without action by an inspector. Pack- Subpart—Coffee aging that would prevent the escape of plant pests includes, but is not limited SOURCE: 63 FR 65650, Nov. 30, 1998, unless to, sealed cartons, airtight containers, otherwise noted. or vacuum packaging. Samples of unroasted coffee received by mail but § 319.73–1 Definitions. not packaged in this manner are sub- Administrator. The Administrator of ject to inspection and safeguard by an the Animal and Plant Health Inspec- inspector. These samples must be re- tion Service, United States Depart- turned to origin or forwarded to a des- ment of Agriculture, or any employee tination outside Hawaii or Puerto Rico of the United States Department of Ag- in a time specified by an inspector and riculture delegated to act in his or her in packaging that will prevent the es- stead. cape of any plant pests. If this action is Inspector. Any individual authorized not possible, the samples must be de- by the Administrator to enforce this stroyed. subpart. (b) Cargo. Samples of unroasted cof- Sample. Unroasted coffee not for com- fee that are transiting Hawaii or Puer- mercial resale. Intended use includes, to Rico as cargo and that remain on but is not limited to, evaluation, test- the carrier may proceed to a destina- ing, or market analysis. tion outside Hawaii or Puerto Rico United States. The States, District of without action by an inspector. Sam- Columbia, Guam, Northern Mariana Is- ples may be transshipped in Puerto lands, Puerto Rico, and the Virgin Is- Rico or Hawaii only after an inspector lands of the United States. determines that they are packaged to Unroasted coffee. The raw or prevent the escape of any plant pests. unroasted seeds or beans of coffee. Samples that are not packaged in this manner must be rewrapped or packaged § 319.73–2 Products prohibited impor- in a manner prescribed by an inspector tation. to prevent the escape of plant pests be- (a) To prevent the spread of the cof- fore the transshipment will be allowed. fee berry borer Hypothenemus hampei (c) Other mail, cargo, and baggage (Ferrari) and the fungus Hemileia shipments of articles covered by

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§ 319.73–2 arriving in Puerto Rico or Ha- § 319.74–2 Conditions governing the waii may not be unloaded or trans- entry of cut flowers. shipped in Puerto Rico or Hawaii and (a) Inspection. All cut flowers im- are subject to inspection and other ap- ported into the United States must be plicable requirements of the Plant made available to an inspector for ex- Safeguard Regulations (part 352 of this amination at the port of first arrival chapter). and must remain at the port of first arrival until released, or authorized fur- § 319.73–4 Costs. ther movement, by an inspector. All costs of inspection, packing ma- (b) Actions to prevent the introduction terials, handling, cleaning, safe- of plant pests; notice by an inspector. If guarding, treating, or other disposal of an inspector orders any disinfection, products or articles under this subpart cleaning, treatment, reexportation, or will be borne by the owner, importer, other action with regard to imported or agent of the owner or importer, in- cut flowers that are found to be including a broker. The services of an infested with injurious plant pests or infected with diseases, the inspector will spector during regularly assigned hours provide an emergency action notifica- of duty and at the usual places of duty tion (PPQ Form 523) to the importer, will be furnished without cost to the owner, or agent or representative of importer. the importer or owner of the cut flowers. The importer, owner, or agent or Subpart—Cut Flowers representative of the importer or owner must, within the time specified SOURCE: 64 FR 38110, July 15, 1999, unless in the PPQ Form 523 and at his or her otherwise noted. own expense, destroy the cut flowers, ship them to a point outside the United § 319.74–1 Definitions. States, move them to an authorized Administrator. The Administrator of site, and/or apply treatments, clean, or the Animal and Plant Health Inspec- apply other safeguards to the cut flow- tion Service, United States Depart- ers as prescribed by the inspector on the PPQ Form 523. Further, if the im- ment of Agriculture, or any employee porter, owner, or agent or representa- of the United States Department of Ag- tive of the importer or owner fails to riculture delegated to act in his or her follow the conditions on PPQ Form 523 stead. by the time specified on the form, Cut flower. The highly perishable APHIS will arrange for destruction of commodity known in the commercial the cut flowers, and the importer, flower-producing industry as a cut owner, or agent or representative of flower, which is the severed portion of the importer or owner will be respon- a plant, including the inflorescence and sible for all costs incurred. Cut flowers any parts of the plant attached to it, in that have been cleaned or treated must a fresh state. This definition does not be made available for further inspec- include dried, bleached, dyed, or chemi- tion, cleaning, and treatment at the cally treated decorative plant mate- option of the inspector at any time and rials; filler or greenery, such as fern place indicated by the inspector before fronds and asparagus plumes, fre- the requirements of this subpart will quently packed with fresh cut flowers; have been met. Neither the Depart- or Christmas greenery, such as holly, ment of Agriculture nor the inspector mistletoe, and Christmas trees. may be held responsible for any ad- Inspector. Any individual authorized verse effects of treatment on imported by the Administrator to enforce this cut flowers. subpart. (c) Fumigation for agromyzids. (1) Cut United States. All of the States, the flowers imported from any country or District of Columbia, Guam, the North- locality and found upon inspection to ern Mariana Islands, Puerto Rico, the be infested with agromyzids (insects of Virgin Islands of the United States, the family Agromyzidae) must be fumi- and all other territories or possessions gated at the time of importation with of the United States. methyl bromide in accordance with

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paragraph (c)(2) of this section, with 11⁄2 lbs. per 1,000 cu. ft. for 2 hours at 80–90 °F. the following exceptions: (19 oz. concentration at first 1⁄2 hour) (i) Fumigation will not be required (12 oz. concentration at 2 hours); or for cut flowers imported from Canada 2 lbs. per 1,000 cu. ft. for 2 hours at 70–79 °F. (including Labrador and Newfoundland) (24 oz. concentration at first 1⁄2 hour) or Mexico because of the finding of (16 oz. concentration at 2 hours); or 1 ° agromyzids. 2 ⁄2 lbs. per 1,000 cu. ft. for 2 hours at 60–69 F. 1 (ii) Fumigation will not be required (30 oz. concentration at first ⁄2 hour) for cut flowers of Chrysanthemum spp. (20 oz. concentration at 2 hours); or 3 lbs. per 1,000 cu. ft. for 2 hours at 50–59 °F. imported from Colombia or the Domin- (36 oz. concentration at first 1⁄2 hour) ican Republic because of the finding of (24 oz. concentration at 2 hours); or agromyzids, when such agromyzids are 31⁄2 lbs. per 1,000 cu. ft. for 2 hours at 40–49 °F. identified by an inspector to be only (41 oz. concentration at first 1⁄2 hour) agromyzids of the species Liriomyza (27 oz. concentration at 2 hours) trifolii (Burgess). (2) Fumigation schedules. Fumigation NOTE: There is a possibility that some cut of cut flowers for agromyzids (insects flowers could be damaged by such fumigation. of the family Agromyzidae) must consist of fumigation with methyl bromide (d) Chrysanthemum white rust hosts. (1) at normal atmospheric pressure in a The following Chrysanthemum, chamber or under a tarpaulin in ac- Leucanthemella, and Nipponanthemum cordance with one of the following spp. are considered to be hosts of schedules: chrysanthemum white rust:

Accepted name of susceptible species 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 Ramat Anthemis grandiflorum Ramat., Anthemis stipulacea Florist’s chrysanthemum, chrysan- 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. 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- gions: Andorra, Argentina, Australia, sidered to exist in the following re- Belarus, Bosnia and Herzegovina,

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Brazil, Brunei, Canary Islands, Chile, United States will result in the prohi- China, Colombia, Croatia, Ecuador, bition of imports originating from the Iceland, Japan, Korea, Liechtenstein, production site until such time when Macedonia, Malaysia, Mexico, APHIS and the NPPO of the exporting Moldova, Monaco, New Zealand, Nor- country, can agree that the eradication way, Peru, Republic of South Africa, measures taken have been effective and Russia, San Marino, Switzerland, Tai- that the pest risk within the produc- wan, Thailand, Tunisia, Ukraine, Uru- tion site has been eliminated. guay, Venezuela, Yugoslavia; the Euro- (e) Irradiation. Cut flowers and foli- pean Union (Austria, Belgium, Bul- age that are required under this part to garia, Cyprus, Czech Republic, Den- be treated or subjected to inspection to mark, Estonia, Finland, France, Ger- control one or more of the plant pests many, Greece, Hungary, Ireland, Italy, listed in § 305.31(a) of this chapter may Latvia, Lithuania, Luxembourg, Malta, instead be treated with irradiation. Netherlands, Poland, Portugal, Roma- Commodities treated with irradiation nia, Slovakia, Slovenia, Spain, Sweden, for plant pests listed in § 305.31(a) must and United Kingdom); and all coun- be irradiated at the doses listed in tries, territories, and possessions of § 305.31(a), and the irradiation treat- countries located in part or entirely ment must be conducted in accordance between 90° and 180° East longitude. with the other requirements of § 305.34 (3) Cut flowers of any species listed in of this chapter. There is a possibility paragraph (d)(1) of this section may be that some cut flowers could be dam- imported into the United States from aged by such irradiation. any region listed in paragraph (d)(2) of (f) Refusal of entry. If an inspector this section only under the following finds that imported cut flowers are so conditions: infested with a plant pest or infected (i) The flowers must be grown in a with disease that, in the judgment of production site that is registered with the inspector, they cannot be cleaned the national plant protection organiza- or treated, or if they contain soil or tion (NPPO) of the country in which other prohibited contaminants, the en- the production site is located or with tire lot may be refused entry into the the NPPO’s designee, and the NPPO or United States. its designee must provide a list of reg- (Approved by the Office of Management and istered sites to APHIS. Budget under control number 0579–0271.) (ii) Each shipment of cut flowers [64 FR 38110, July 15, 1999, as amended at 71 must be accompanied by a FR 4464, Jan. 27, 2006; 72 FR 15811, Apr. 3, phytosanitary certificate or equivalent 2007] documentation, issued by the NPPO of the country of origin or its designee, § 319.74–3 Importations by the Depart- that contains an additional declaration ment. stating that the place of production as The U.S. Department of Agriculture well as the consignment have been in- may import cut flowers for experi- spected and found free of Puccinia mental or scientific purposes under horiana. such conditions and restrictions as the (iii) Box labels and other documents Administrator may prescribe to pre- accompanying shipments of cut flowers vent the dissemination of plant pests. must be marked with the identity of the registered production site. § 319.74–4 Costs and charges. (iv) APHIS-authorized inspectors The Animal and Plant Health Inspec- must also be allowed access to production Service, U.S. Department of Agri- tion sites and other areas necessary to culture, will be responsible only for the monitor the chrysanthemum white costs of providing the services of an in- rust-free status of the production sites. spector during regularly assigned hours (4) Cut flowers not meeting these of duty and at the usual places of duty conditions will be refused entry into (provisions relating to costs for other the United States. The detection of services of an inspector are contained chrysanthemum white rust in a ship- in 7 CFR part 354). The importer, ment of cut flowers from a registered owner, or agent or representative of production site upon arrival in the the importer or owner of cut flowers is

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responsible for all additional costs of be adequate to prevent the introduc- inspection, treatment, movement, stor- tion into the United States of plant age, or destruction ordered by an in- pests, i.e., conditions of treatment, spector under this subpart, including processing, growing, shipment, dis- the costs of any labor, chemicals, pack- posal; and ing materials, or other supplies re- (5) Imported with a Departmental tag quired. or label securely attached to the outside of the container containing the ar- Subpart—Khapra Beetle ticle or securely attached to the article itself if not in a container, and with § 319.75 Restrictions on importation of such tag or label bearing a Depart- restricted articles; disposal of arti- mental permit number corresponding cles refused importation. to the number of the Departmental (a) The Secretary has determined permit issued for such article. that in order to prevent the entry into [46 FR 38334, July 27, 1981, as amended at 47 the United States of khapra beetle FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, (Trogoderma granarium Everts) it is nec- 2001; 72 FR 43523, Aug. 6, 2007] essary to restrict the importation of certain articles from foreign countries § 319.75–1 Definitions. and localities. Accordingly, no person Terms used in the singular form in shall import any restricted article un- this subpart shall be construed as the less in conformity with all of the appli- plural, and vice-versa, as the case may cable restrictions in this subpart. demand. The following terms, when (b) Any article refused importation used in this subpart, shall be con- for noncompliance with the require- strued, respectively, to mean: ments of this subpart shall be promptly Deputy Administrator. The Deputy Ad- removed from the United States or ministrator of the Animal and Plant abandoned by the importer, and pend- Health Inspection Service, U.S. Depart- ing such action shall be subject to the ment of Agriculture for Plant Protec- immediate application of such safe- tion and Quarantine, or any other offi- guards against escape of plant pests as cer or employee of the Department to the inspector determines necessary to whom authority to act in his/her stead prevent the introduction into the has been or many hereafter be dele- United States of plant pests. If the ar- gated. ticle is not promptly safeguarded, re- From. An article is considered to be moved from the United States, or aban- ‘‘from’’ any country or locality in doned by the importer for destruction, which it originated or any country(ies) it may be seized, destroyed, or other- or locality(ies) in which it was wise disposed of in accordance with offloaded prior to arrival in the United section 414 of the Plant Protection Act States. (7 U.S.C. 7714). Import. (importation, imported). To (c) A restricted article may be im- import or move into the United States. ported without complying with other Inspector. Any employee of Plant Pro- restrictions under this subpart if: tection and Quarantine, Animal and (1) Imported by the U.S. Department Plant Health Inspection Service, U.S. of Agriculture for experimental or sci- Department of Agriculture, or other entific purposes; person, authorized by the Deputy Ad- (2) Imported at the National Plant ministrator in accordance with law to Germplasm Inspection Station, Build- enforce the provisions of the regula- ing 580, Beltsville Agricultural Re- tions in this subpart. search Center East, Beltsville, MD Nursery stock. All field-grown florist’s 20705, or through any USDA plant in- stock, trees, shrubs, vines, cuttings, spection station listed in § 319.37–14; grafts, scions, buds, fruit pits, and (3) Imported pursuant to a Depart- other seeds of fruit and ornamental mental permit issued for such article trees or shrubs, and other plants and and kept on file at the port of entry; plant products for propagation, except (4) Imported under conditions speci- field, vegetable and flower seeds, bed- fied on the Departmental permit and ding plants, and other herbaceous found by the Deputy Administrator to plants, bulbs, and roots.

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Person. Any individual, corporation, his/her stead has been or may hereafter company, society, association or other be delegated. organized group. United States. The States, District of Phytosanitary certificate of inspection. Columbia, American Samoa, Guam, A document relating to a restricted ar- Northern Mariana Islands, Puerto ticle, which is issued by a plant protec- Rico, and the Virgin Islands of the tion official of the country in which United States. the restricted article was grown, which [46 FR 38334, July 27, 1981, as amended at 47 is issued not more than 15 days prior to FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, shipment of the restricted article from 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, the country in which grown, which is Apr. 27, 2001] addressed to the plant protection service of the United States (Plant Protec- § 319.75–2 Restricted articles. 1 tion and Quarantine), which contains a (a) The following articles from the description of the restricted article in- specified localities or countries are re- tended to be imported into the United stricted articles: States, which certifies that the article (1) Seeds of the plant family has been thoroughly inspected, is be- Cucurbitaceae 2 if in shipments greater lieved to be free from injurious plant than two ounces, if not for propaga- diseases, injurious insect pests, and tion, and if from a country listed in other plant pests, and is otherwise be- paragraph (b) of this section; lieved to be eligible for importation (2) Brassware and wooden screens pursuant to the current phytosanitary from Bombay, India; laws and regulations of the United (3) 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) from Sudan or harden on drying. Plant gums include India; but are not limited to acacia gum, guar (4) Plant gums shipped as bulk cargo gum, gum arabic, locust gum and (in an unpackaged state) if from a tragacanth gum. country listed in paragraph (b) of this Plant pest. The egg, pupal, and larval section; stages as well as any other living stage (5) Used jute or burlap bagging not of any insects, mites, nematodes, slugs, containing cargo if from a country list- 3 snails, protozoa, or other invertebrate ed in paragraph (b) of this section; animals, bacteria, fungi, other para- (6) Used jute or burlap bagging from sitic plants or reproductive parts a country listed in paragraph (b) of this thereof, viruses, or any organisms similar to or allied with any of the 1 The importation of restricted articles foregoing, or any infectious substances, may be subject to prohibitions or restrictions under other provisions of 7 CFR part which can directly or indirectly injure 319. For example, fresh whole chilies or cause disease or damage in any (Capsicum spp.) and fresh whole red peppers plants or parts thereof, or any proc- (Capsicum spp.) from Pakistan are prohibited essed, manufactured, or other products from being imported into the United States of plants. under the provisions of Subpart—Fruits and Plant Protection and Quarantine. The Vegetables of this part. 2 Seeds of the plant family Cucurbitaceae organizational unit within the Animal include but are not limited to: Benincasa and Plant Health Inspection Service, hispida (wax gourd), Citrullus Lanatus (wa- U.S. Department of Agriculture, dele- termelon) Cucumis melon (muskmelon, can- gated responsibility for enforcing pro- taloup, honeydew), Cumumis sativius (cu- visions of the Plant Protection Act and cumber), Cucurbita pepo (pumpkin, related legislation, quarantines, and squashes, vegetable marrow), Lagenaria regulations. siceraria (calabash, gourd), Luffa cylindrica (dishcloth gourd), Mormoridica charantia Secretary. The Secretary of Agri- (bitter melon), and Sechium edule (chayote). culture, or any other officer or em- 3 Such bagging may be subject to addi- ployee of the Department of Agri- tional restrictions under the provisions in 7 culture to whom authority to act in CFR 319.8 et seq.

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section that contains cargo, and the (c) A permit indicating the applicable cargo in such bagging; 3 conditions for importation under this (7) Used jute or burlap bagging from subpart will be issued by Plant Protec- a country listed in paragraph (b) of this tion and Quarantine Programs if, after section that is used as a packing mate- review of the application, the articles rial (such as filler, wrapping, ties, lin- are deemed eligible to be imported into ing, matting, moisture retention mate- the United States under the conditions rial, or protection material), and the specified in the permit. However, even cargo for which the used jute or burlap if such a permit is issued, the regulated bagging is used as a packing material; 3 article may be imported only if all ap- and plicable requirements of this subpart (8) Whole chilies (Capsicum spp.), are met and only if an inspector at the whole red peppers (Capsimcum spp.), port of entry determines that no reme- and cumin seeds (Cuminum cyminum) in dial measures pursuant to section 414 new jute or burlap bags from Pakistan. of the Plant Protection Act (7 U.S.C. (b) Afghanistan, Algeria, Bangladesh, 7714) are necessary with respect to the Burma, Cyprus, Egypt, India, Iran, regulated article. 5 Iraq, Israel, Libya, Mali, Mauritania, (d) Any permit which has been issued Morocco, Niger, Nigeria, Pakistan, may be withdrawn by an inspector or Saudi Arabia, Senegal, Sri Lanka, the Deputy Administrator if he/she de- Sudan, Syria, Tunisia, Turkey, and termines that the holder thereof has Upper Volta. not complied with any condition for the use of the document. The reasons [50 FR 8706, Mar. 5, 1985, as amended at 72 FR 39528, July 18, 2007] for the withdrawal shall be confirmed in writing as promptly as cir- § 319.75–3 Permits. cumstances permit. Any person whose (a) A restricted article may be im- permit has been withdrawn may appeal ported only after issuance of a written the decision in writing to the Deputy permit by Plant Protection and Quar- Administrator within ten (10) days antine. after receiving the written notification (b) An application for a written per- of the withdrawal. The appeal shall mit should be submitted to the Animal state all of the facts and reasons upon and Plant Health Inspection Service, which the person relies to show that Plant Protection and Quarantine, Port the permit was wrongfully withdrawn. Operations, Permit Unit, 4700 River The Deputy Administrator shall grant Road Unit 136, Riverdale, Maryland or deny the appeal, in writing, stating 20737–1236, at least 60 days prior to ar- the reasons for the decision as prompt- rival of the article at the port of entry. ly as circumstances permit. If there is The completed application shall in- a conflict as to any material fact, a hearing shall be held to resolve such clude the following information: 4 (1) Name, address, and telephone conflict. number of the importer; (Approved by the Office of Management and (2) Approximate quantity and kinds Budget under control number 0579–0049) of articles intended to be imported; [46 FR 38334, July 27, 1981, as amended at 47 (3) Country or locality of origin; FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, (4) Country(ies) or locality(ies) where 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. it is intended to be off-loaded prior to 5, 1985; 59 FR 67610, Dec. 30, 1994; 66 FR 21057, arrival in the United States; Apr. 27, 2001] (5) Intended U.S. port of entry; (6) Means of transportation; and § 319.75–4 Treatments. (7) Expected date of arrival. A restricted article prior to movement into the United States from the 4 Application forms are available without charge from the Animal and Plant Health In- 5 An inspector may hold, seize, quarantine, spection Service, Plant Protection and Quar- treat, apply other remedial measures to, antine, Port Operations, Permit Unit, 4700 destory, or otherwise dispose of plants, plant River Road Unit 136, Riverdale, Maryland pests, or other articles in accordance with 20737–1236, or local offices which are listed in sections 414, 421, and 434 of the Plant Protec- telephone directories. tion Act (7 U.S.C. 7714, 7731, and 7754).

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port of entry shall be treated in accord- The importer shall be responsible for ance with part 305 of this chapter for arrangements for treatments required possible infestation with khapra beetle under § 319.75–4. Any treatment rein accordance with part 305 of this quired under § 319.75–4 for a restricted chapter. article shall be performed at the port [46 FR 38334, July 27, 1981, as amended at 49 of entry by a nongovernmental fumi- FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985; gator at the importer’s expense, and 70 FR 33326, June 7, 2005] shall be performed under the supervision of an inspector. Plant Protec- § 319.75–5 Marking and identity. tion and Quarantine will not be respon- (a) Any restricted article at the time sible for any costs or charges, other of importation shall plainly and cor- than those indicated in this section. rectly bear on the outer container (if in [46 FR 38334, July 27, 1981] a container) or on the restricted article (if not in a container) the following in- § 319.75–8 Ports of entry. formation: Any restricted article shall be im- (1) General nature and quantity of ported only at a port of entry identi- the contents, (2) Country or locality of origin, fied in § 319.37–14 of this part and found (3) Name and address of shipper, by the Deputy Administrator and spec- owner, or person shipping or for- ified on the permit issued pursuant to warding the article, § 319.75–3 to have a nongovernmental (4) Name and address of consignee, fumigator available at the port to treat (5) Identifying shipper’s mark and such restricted article pursuant to number, and § 319.75–4. It is the responsibility of the (b) Any restricted article shall be ac- importer to arrange with the non- companied at the time of importation governmental fumigator for treatment by an invoice or packing list indicating of the article. the contents of the shipment. [46 FR 38334, July 27, 1981, as amended at 72 FR 43523, Aug. 6, 2007] (Approved by the Office of Management and Budget under control number 0579–0049) § 319.75–9 Inspection and [46 FR 38334, July 27, 1981, as amended at 47 phytosanitary certificate of inspec- FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, tion. 1983] (a) Any nursery stock, plant, fruit, § 319.75–6 Arrival notification. vegetable, root, bulb, or other plant product designated as a restricted arti- Promptly upon arrival of any re- cle and grown in a country maintain- stricted article at a port of entry, the ing an official system of inspection for importer shall notify Plant Protection the purpose of determining whether and Quarantine of the arrival by such such article is free from injurious plant means as a manifest, Customs entry diseases, injurious insect pests, and document, commercial invoice, way- other plant pests shall be accompanied bill, a broker’s document, or a notice by a phytosanitary certificate of in- form provided for that purpose. spection from the plant protection (Approved by the Office of Management and service of such country at the time of Budget under control number 0579–0049) importation or offer for importation [46 FR 38334, July 27, 1981, as amended at 48 into the United States. Such certifi- FR 57466, Dec. 30, 1983] cate may cover more than one article and more than one container kept to- § 319.75–7 Costs and charges. gether during shipment and offer for The services of the inspector during importation. regularly assigned hours of duty and at (b) Any nursery stock, plant, fruit, the usual places of duty shall be fur- vegetable, root, bulb, seed, or other nished without cost to the importer. 3 plant product designated as a restricted article which is accompanied 3 Provisions relating to costs for other by a valid phytosanitary certificate of services of an inspector are contained in 7 inspection is subject to inspection by CFR part 354. an inspector at the time of importation

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into the United States for the purpose Mobile home. Any vehicle, other than of determining whether such article is a recreational vehicle, designed to free of injurious plant diseases, inju- serve, when parked, as a dwelling or rious insect pests, and other plant place of business. pests, and whether such article is oth- Outdoor household articles. Articles erwise eligible to be imported into the associated with a household that are United States. generally kept or used outside the (c) Any nursery stock, plant, fruit, home. Examples of outdoor household vegetable, root, bulb, seed, or other articles are awnings, barbeque grills, plant product designated as a re- bicycles, boats, dog houses, firewood, stricted article and grown in a country garden tools, hauling trailers, outdoor not maintaining an official system of furniture and toys, recreational vehi- inspection for the purpose of deter- cles and their associated equipment, mining whether such article is free and tents. from injurious plant diseases, or inju- Phytosanitary certificate. A document rious insect pests, and other plant issued by an official authorized by the pests shall be inspected by an inspector national government of Canada that at the time of importation into the contains a description of the regulated United States for the purpose of deter- article intended for importation into mining whether such article is free of the United States and that certifies such diseases and pests and whether that the article has been thoroughly such article is otherwise eligible to be inspected or treated, is believed to be imported into the United States. free from plant pests, and is otherwise believed to be eligible for importation [50 FR 8707, Mar. 5, 1985] pursuant to the current phytosanitary laws and regulations of the United Subpart—Gypsy Moth Host States. A phytosanitary certificate Material from Canada must be addressed to the Animal and Plant Health Inspection Service and SOURCE: 64 FR 45866, Aug. 23, 1999, unless may be issued no more than 14 days otherwise noted. prior to the shipment of the regulated article. § 319.77–1 Definitions. Recreational vehicles. Vehicles, includ- Animal and Plant Health Inspection ing pickup truck campers, one-piece Service (APHIS). The Animal and Plant motor homes, and travel trailers, de- Health Inspection Service of the U.S. signed to serve as temporary places of Department of Agriculture. dwelling. 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

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gypsy moth host materials listed in (ii) That portion of Queensbury par- paragraphs (a) through (g) of this sec- ish south and east of the Scotch Lake tion are designated as regulated arti- Road beginning in the west at Bear Is- cles. Regulated articles may be im- land on the St. John River and ending ported into the United States from at the Parish border on the east. Canada only under the conditions de- (b) Province of Nova Scotia—(1) Annap- scribed in § 319.77–4 of this subpart. olis County. The entire county. (a) Trees without roots (e.g., Christ- (2) Digby County. The entire county. mas trees), unless they were green- (3) Halifax County. The area of the house-grown throughout the year; county bounded by a line beginning at (b) Trees with roots, unless they were the intersection of the Halifax/ greenhouse-grown throughout the year; Lunenburg County border and the At- (c) Shrubs with roots and persistent lantic Ocean; then north along the woody stems, unless they were green- Halifax/Lunenburg County border to house-grown throughout the year; the Halifax/Hants County border; then (d) Logs with bark attached; east along the Halifax/Hants County (e) Pulpwood with bark attached; border to route 354; then south along (f) Bark and bark products; route 354 to route 568 (Beaverbank- (g) Outdoor household articles; and Windsor Junction Road); then east (h) Mobile homes and their associ- along route 568 (Beaverbank-Windsor ated equipment. Junction Road) to route 416 (Fall River Road); then east and north along route [64 FR 45866, Aug. 23, 1999, as amended at 71 416 (Fall River Road) to route 2; then FR 40878, July 19, 2006] south along route 2 to route 102/118; then south along route 118 to route 107; § 319.77–3 Gypsy moth infested areas then south along route 107 to route 7; in Canada. then east along route 7 to route 328; The following areas in Canada are then south along route 328 to the shore- known to be infested with gypsy moth: line of Cole Harbour; then west along (a) Province of New Brunswick—(1) the seashore from Cole Harbour to the Charlotte County. That portion of Char- point of beginning. lotte County that includes the fol- (4) Hants County. The area of the lowing parishes: Campobello Island, county bounded by a line beginning at Dumbarton, Dufferin, Grand Manan Is- the intersection of the Hants/Kings land, St. Andrews, St. Croix, St. David, County border and the shoreline of the St. George, St. James, St. Patrick, and Minas Basin; then southwest along the St. Stephen. Hants/Kings County border to the (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,

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Frontenac, Grey, Haldimand-Norfolk, L’Outaouais, D’Autray, Desjardins, Haliburton, Halton, Hamilton-Went- Deux-Montagnes, Drummond, worth, Hastings, Huron, Kent, Francheville, Joliette, L’Amiante, Lambton, Lanark, Leeds-Granville, L’Assomption, L’E´ rable, L’ıˆle- Lennox-Addington, Middlesex, d’Orleáns, Lajemmerais, Laval, La Muskoka, Niagara, Northumberland, Nouvelle-Beauce, La Rivie`re-du-Nord, Ottawa-Carleton, Oxford, Parry Sound, La Valleé-du-Richelieu, Le Bas- Peel, Perth, Peterborough, Prescott- Richelieu, Le Granit, Le Haut- Russell, Prince Edward, Renfrew, Richelieu, Le Haut-Saint-Francois, Le Simcoe, Stormont-Dundas-Glengarry, Haut-Saint-Laurent, Le Haute- Victoria, Waterloo, Wellington, and Yamaska, Le Val-Saint-Francois, Les York; and Chutes-de-la-Chaudire, Les Collines-de- (2) That portion of Algoma District L’Outaouais, Les Etchemins, Les that includes the City of Sault Ste. Jardins-de-Napierville, Les Marie and the following townships: Maskoutains, Les Moulins, Lotbinie`re, Bright, Bright Additional, Cobden, Memphre´magog, Mirabel, Montcalm, Denis, Garden River First Nation, In- Montmagny, Nicolet-Yamaska, Robert- dian Reserve #7, Johnson, Korah, Cliche, Roussillon, Rouville, Laird, Lefroy, Lewis, Long, Mac- Sherbrooke, Therese-de Blainville, and Donald, Parke, Plummer Additional, Vaudreuil-Soulanges; and Prince, Tarbutt, Tarbutt Additional, (2) That portion of the regional coun- Tarentorus, Thessalon, Thompson, ty municipality of Antoine-Llabelle Shedden, Spragge, and Striker; and that includes the following municipali- (3) That portion of Algoma District ties: Notre-Dame-du-Laus, Notre- south of Highway 17 and east of the Dame-de-Pontmain, and Saint-Aime´- City of Sault Ste. Marie; and du-Lac-des-Iles; and (4) That portion of Manitoulin Dis- (3) That portion of the regional coun- trict that includes: Cockburn Island, ty municipality of Argenteuil that in- Great Cloche Island, Manitoulin Island, cludes the following municipalities: St. Joseph Island, and all Indian Re- Brownsburg, Calumet, Carillon, Chat- serves; and ham, Grenville, Lachute, Saint-Andre´- (5) That portion of Nipissing District d’Argenteuil, and Saint-Andre´-Est; and that includes the City of North Bay; (4) That portion of the regional coun- and ty municipality of Communaute´ (6) That portion of Nipissing District Urbaine De Que´bec that includes the south of the Ottawa and Mattawa riv- following municipalities: Cap-Rouge, ers; and L’Ancienne-Lorette, Que´bec, Saint- (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 Valleé-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, Bećancour, 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- Montreál, Communaute´ Urbaine de pality: Mont-Rolland; and

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(9) That portion of the regional coun- with roots, and shrubs with roots and ty municipality of Maskinonge´ that in- persistent woody stems may be im- cludes the following municipalities: ported into the United States from any Louiseville, Maskinonge´, Saint-Joseph- area of Canada without restriction de-Maskinonge´, Saint-Barnabe´, Saint- under this subpart if they: Se´ve`re, Saint-Le´on-le-Grand, Saint- (i) Were greenhouse-grown through- Paulin, Sainte-Ursule, Saint-Justin, out the year; Saint-e´douard-de-Maskinonge´, Sainte- (ii) Are destined for a U.S. infested Ange`le-de-Pre´mont, and Yamachiche; area and will not be moved through and any U.S. noninfested areas; or (10) That portion of the regional (iii) Are Christmas trees destined for county municipality of Matawinie that a U.S. infested area and will not be includes the following municipalities: moved through any U.S. noninfested Saint-Fe´lix-de-Valois, Saint-Jean-de- areas other than noninfested areas in Matha, Rawdon, and Chertsey; and the counties of Aroostock, Franklin, (11) That portion of the regional Oxford, Piscataquis, Penobscot, and county municipality of Papineau that Somerset, ME (i.e., areas in those coun- includes the following municipalities: ties that are not listed in 7 CFR 301.45– Fassett, Lochaber, Lochaber-Partie- 3). Ouest, Mayo, Montebello, Montpellier, (2) Trees without roots (e.g., Christ- Mulgrave-et-Derry, Notre-Dame-de- mas trees), trees with roots, and shrubs Bon-Secours-Partie-Nord, with roots and persistent woody stems Papineauville, Plaisance, Ripon (Vil- that are destined for a U.S. noninfested lage et Canton), Saint-Andre´-Avellin area or will be moved through a U.S. (Village et Paroise), Sainte-Ange´lique, noninfested area may be imported into Saint-Sixte, and Thurso; and the United States from Canada only (12) That portion of the regional under the following conditions: county municipality of Pontiac that (i) If the trees or shrubs originated in includes the following municipalities: a Canadian infested area, they must be Bristol, Shawville, Clarendon, Portage- accompanied by an officially endorsed du-Fort, Bryson, Campbell’s Bay, Canadian phytosanitary certificate Grand-Calumet, Litchfield, Thorne, that includes an additional declaration Alleyn-et-Cawood, Leslie-Clapham-et- confirming that the trees or shrubs Huddersfield, Fort-Coulonge, Mans- have been inspected and found free of field-et-Pontefract, Waltham-et- gypsy moth or that the trees or shrubs Bryson, L’Isle-aux-Allumettes-Partie- have been treated for gypsy moth in Est, Chapeau, L’Isle-aux-Allumettes, accordance with part 305 of this chap- Chichester, Sheen-Esher-Aberdeen-et- ter. Malakoff, and Rapides-des-Joachims; (ii) If the trees or shrubs originated and in a Canadian noninfested area, they (13) That portion of the regional must be accompanied by a certification county municipality of Portneuf that of origin stating that they were pro- includes the following municipalities: duced in an area of Canada where ´ Cap-Sante, Deschambault, Donnacona, gypsy moth is not known to occur. Grondines, Neuville, and Pointe-aux- (b) Bark and bark products and logs Trembles. and pulpwood with bark attached.2 (1) [65 FR 38175, June 20, 2000, as amended at 67 Bark and bark products or logs or pulp- FR 59453, Sept. 23, 2002] wood with bark attached that are destined for a U.S. infested area and that § 319.77–4 Conditions for the importa- will not be moved through any U.S. tion of regulated articles. (a) Trees and shrubs. 1 (1) Trees with- part—Logs, Lumber, and Other Unmanufac- out roots (e.g., Christmas trees), trees tured Wood Articles’’ (§§ 319.40–1 through 319.40–11 of this part). 1 Trees and shrubs from Canada may be 2 Bark, bark products, and logs from Can- subject to additional restrictions under ada are also subject to restrictions under ‘‘Subpart-Nursery Stock, Plants, Roots, ‘‘Subpart—Logs, Lumber, and Other Un- Seeds, and Other Plant Products’’ (§§ 319.37 manufactured Wood Articles’’ (§§ 319.40 through § 319.37–14 of this part) and ‘‘Sub- through 319.40–11 of this part).

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noninfested area other than non- Canadian infested area into a U.S. noninfested areas in the counties of infested area, or that will be moved Aroostock, Franklin, Oxford, through a U.S. noninfested area, may Piscataquis, Penobscot, and Somerset, be imported into the United States ME (i.e., areas in those counties that only if they are accompanied by a are not listed in § 301.45–3 of this chap- statement, signed by their owner, stat- ter) may be imported from any area of ing that they have been inspected and Canada without restriction under this found free of gypsy moth. subpart. (2) Bark and bark products or logs or (Approved by the Office of Management and pulpwood with bark attached that are Budget under control number 0579–0142) destined for a U.S. noninfested area or [64 FR 45866, Aug. 23, 1999, as amended at 65 will be moved through a U.S. non- FR 38176, June 20, 2000; 69 FR 61589, Oct. 20, infested area may be imported into the 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, United States from Canada only under July 19, 2006] the following conditions: (i) If the bark, bark products, logs, or § 319.77–5 Disposition of regulated ar- pulpwood originated in a Canadian in- ticles denied entry. fested area, they must be either: Any regulated article that is denied (A) Accompanied by an officially en- entry into the United States because it dorsed Canadian phytosanitary certifi- does not meet the requirements of this cate that includes an additional dec- subpart must be promptly safeguarded laration confirming that they have or removed from the United States. If been inspected and found free of gypsy the article is not promptly safeguarded moth or that they have been treated or removed from the United States, it for gypsy moth in accordance with part may be seized, destroyed, or otherwise 305 of this chapter; or disposed of in accordance with section (B) Destined for a specified U.S. proc- 414 of the Plant Protection Act (7 essing plant or mill under compliance U.S.C. 7714). agreement with the Animal and Plant Health Inspection Service for specified [64 FR 45866, Aug. 23, 1999, as amended at 66 handling or processing. FR 21057, Apr. 27, 2001] (ii) If the bark, bark products, logs, or pulpwood originated in a Canadian PART 322—BEES, BEEKEEPING BY- noninfested area, they must be accom- PRODUCTS, AND BEEKEEPING panied by a certification of origin stat- EQUIPMENT ing that they were produced in an area of Canada where gypsy moth is not Subpart A—General Provisions known to occur. (c) Outdoor household articles and mo- Sec. bile homes and their associated equip- 322.1 Definitions. ment. (1) Outdoor household articles 322.2 General requirements for interstate and mobile homes and their associated movement and importation. equipment that are destined for a U.S. 322.3 Costs and charges. infested area and will not be moved through any U.S. noninfested areas Subpart B—Importation of Adult Honey- may be imported from any area in Can- bees, Honeybee Germ Plasm, and ada without restriction under this sub- Bees Other Than Honeybees From Ap- part. proved Regions (2) Outdoor household articles and 322.4 Approved regions. mobile homes and their associated 322.5 General requirements. equipment that are being moved from a 322.6 Export certificate. Canadian noninfested area may be im- 322.7 Notice of arrival. ported into any area of the United 322.8 Packaging of shipments. States without restriction under this 322.9 Mailed packages. subpart. 322.10 Inspection; refusal of entry. (3) Outdoor household articles and 322.11 Ports of entry. mobile homes and their associated 322.12 Risk assessment procedures for ap- equipment that are being moved from a proving countries.

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