§ 319.74–2 7 CFR Ch. III (1–1–13 Edition)

a fresh state. This definition does not the PPQ Form 523. Further, if the im- include dried, bleached, dyed, or chemi- porter, owner, or agent or representa- cally treated decorative mate- tive of the importer or owner fails to rials; filler or greenery, such as fern follow the conditions on PPQ Form 523 fronds and asparagus plumes, fre- by the time specified on the form, quently packed with fresh cut flowers; APHIS will arrange for destruction of or Christmas greenery, such as holly, the cut flowers, and the importer, mistletoe, and Christmas trees. owner, or agent or representative of Inspector. Any individual authorized the importer or owner will be respon- by the Administrator to enforce this sible for all costs incurred. Cut flowers subpart. that have been cleaned or treated must United States. All of the States, the be made available for further inspec- District of Columbia, Guam, the North- tion, cleaning, and treatment at the ern Mariana Islands, Puerto Rico, the option of the inspector at any time and Virgin Islands of the United States, place indicated by the inspector before and all other territories or possessions the requirements of this subpart will of the United States. have been met. Neither the Depart- ment of Agriculture nor the inspector § 319.74–2 Conditions governing the entry of cut flowers. may be held responsible for any ad- verse effects of treatment on imported (a) Inspection. All cut flowers im- cut flowers. ported into the United States must be (c) Fumigation for agromyzids. Cut made available to an inspector for ex- flowers imported from any country or amination at the port of first arrival locality and found upon inspection to and must remain at the port of first ar- be infested with agromyzids (insects of rival until released, or authorized fur- ther movement, by an inspector. the family Agromyzidae) must be fumi- (b) Actions to prevent the introduction gated at the time of importation with of plant pests; notice by an inspector. If methyl bromide in accordance with an inspector orders any disinfection, part 305 of this chapter, with the fol- cleaning, treatment, reexportation, or lowing exceptions: other action with regard to imported (1) Fumigation will not be required cut flowers that are found to be in- for cut flowers imported from Canada fested with injurious plant pests or in- (including Labrador and Newfoundland) fected with diseases, the inspector will or Mexico because of the finding of provide an emergency action notifica- agromyzids. tion (PPQ Form 523) to the importer, (2) Fumigation will not be required owner, or agent or representative of for cut flowers of Chrysanthemum spp. the importer or owner of the cut flow- imported from Colombia or the Domin- ers. The importer, owner, or agent or ican Republic because of the finding of representative of the importer or agromyzids, when such agromyzids are owner must, within the time specified identified by an inspector to be only in the PPQ Form 523 and at his or her agromyzids of the species Liriomyza own expense, destroy the cut flowers, trifolii (Burgess). ship them to a point outside the United (d) Chrysanthemum white rust hosts. (1) States, move them to an authorized The following Chrysanthemum, site, and/or apply treatments, clean, or Leucanthemella, and Nipponanthemum apply other safeguards to the cut flow- spp. are considered to be hosts of ers as prescribed by the inspector on chrysanthemum white rust:

Accepted name of susceptible spe- cies Synonyms Common name

Chrysanthemum arcticum L...... Arctanthemum arcticum (L.) Tzvelev and Arctic chrysanthemum and arctic Dendranthema arcticum (L.) Tzvelev. daisy. Chrysanthemum boreale (Makino) Chrysanthemum indicum L. var. boreale Makino and Makino. Dendranthema boreale (Makino) Ling ex Kitam. Chrysanthemum indicum L...... Dendranthema indicum (L.) Des Moul. Chrysanthemum japonense Nakai .. Dendranthema japonense (Nakai) Kitam. and Nojigiku. Dendranthema occidentali-japonense Kitam. Chrysanthemum japonicum Makino Chrysanthemum makinoi Matsum. & Nakai and Ryuno-giku. Dendranthema japonicum (Makino) Kitam.

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Accepted name of susceptible spe- cies Synonyms Common name

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. (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- tion (NPPO) of the country in which sidered to exist in the following re- the production site is located or with gions: Andorra, Argentina, Australia, the NPPO’s designee, and the NPPO or , , its designee must provide a list of reg- Brazil, Brunei, Canary Islands, Chile, istered sites to APHIS. , Colombia, Croatia, Ecuador, (ii) Each shipment of cut flowers Iceland, , , Liechtenstein, must be accompanied by a Macedonia, Malaysia, Mexico, phytosanitary certificate or equivalent Moldova, Monaco, New Zealand, Nor- documentation, issued by the NPPO of way, Peru, Republic of South Africa, the country of origin or its designee, , San Marino, , Tai- that contains an additional declaration wan, Thailand, Tunisia, , Uru- stating that the place of production as guay, Venezuela, Yugoslavia; the Euro- well as the consignment have been in- pean Union (Austria, Belgium, Bul- spected and found free of Puccinia garia, Cyprus, , Den- horiana. mark, Estonia, Finland, , Ger- (iii) Box labels and other documents many, Greece, , Ireland, Italy, accompanying shipments of cut flowers Latvia, Lithuania, Luxembourg, Malta, must be marked with the identity of Netherlands, , Portugal, Roma- the registered production site. nia, Slovakia, Slovenia, Spain, Sweden, (iv) APHIS-authorized inspectors and ); and all coun- must also be allowed access to produc- tries, territories, and possessions of tion sites and other areas necessary to countries located in part or entirely monitor the chrysanthemum white between 90° and 180° East longitude. rust-free status of the production sites. (3) Cut flowers of any species listed in (4) Cut flowers not meeting these paragraph (d)(1) of this section may be conditions will be refused entry into imported into the United States from the United States. The detection of any region listed in paragraph (d)(2) of chrysanthemum white rust in a ship- this section only under the following ment of cut flowers from a registered conditions: production site upon arrival in the (i) The flowers must be grown in a United States will result in the prohi- production site that is registered with bition of imports originating from the the national plant protection organiza- production site until such time when

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APHIS and the NPPO of the exporting ing materials, or other supplies re- country, can agree that the eradication quired. measures taken have been effective and that the pest risk within the produc- Subpart—Khapra Beetle tion site has been eliminated. (e) Irradiation. Cut flowers and foli- § 319.75 Restrictions on importation of age that are required under this part to restricted articles; disposal of arti- be treated or subjected to inspection to cles refused importation. control one or more of the plant pests (a) The Secretary has determined for which irradiation is an approved that in order to prevent the entry into treatment under part 305 of this chap- the United States of khapra beetle ter may instead be treated with irra- (Trogoderma granarium Everts) it is nec- diation. Irradiation treatment must be essary to restrict the importation of conducted in accordance with the re- certain articles from foreign countries quirements of part 305 of this chapter. and localities. Accordingly, no person There is a possibility that some cut shall import any restricted article un- flowers could be damaged by such irra- less in conformity with all of the appli- diation. cable restrictions in this subpart. (f) Refusal of entry. If an inspector (b) Any article refused importation finds that imported cut flowers are so for noncompliance with the require- infested with a plant pest or infected ments of this subpart shall be promptly with disease that, in the judgment of removed from the United States or the inspector, they cannot be cleaned abandoned by the importer, and pend- or treated, or if they contain soil or ing such action shall be subject to the other prohibited contaminants, the en- immediate application of such safe- tire lot may be refused entry into the guards against escape of plant pests as United States. the inspector determines necessary to (Approved by the Office of Management and prevent the introduction into the Budget under control number 0579–0271) United States of plant pests. If the ar- [64 FR 38110, July 15, 1999, as amended at 71 ticle is not promptly safeguarded, re- FR 4464, Jan. 27, 2006; 72 FR 15811, Apr. 3, moved from the United States, or aban- 2007; 75 FR 4253, Jan. 26, 2010] doned by the importer for destruction, it may be seized, destroyed, or other- § 319.74–3 Importations by the Depart- wise disposed of in accordance with ment. section 414 of the Plant Protection Act The U.S. Department of Agriculture (7 U.S.C. 7714). may import cut flowers for experi- (c) A restricted article may be im- mental or scientific purposes under ported without complying with other such conditions and restrictions as the restrictions under this subpart if: Administrator may prescribe to pre- (1) Imported by the U.S. Department vent the dissemination of plant pests. of Agriculture for experimental or sci- entific purposes; § 319.74–4 Costs and charges. (2) Imported at the National Plant The Animal and Plant Health Inspec- Germplasm Inspection Station, Build- tion Service, U.S. Department of Agri- ing 580, Beltsville Agricultural Re- culture, will be responsible only for the search Center East, Beltsville, MD costs of providing the services of an in- 20705, or through any USDA plant in- spector during regularly assigned hours spection station listed in § 319.37–14; of duty and at the usual places of duty (3) Imported pursuant to a Depart- (provisions relating to costs for other mental permit issued for such article services of an inspector are contained and kept on file at the port of entry; in 7 CFR part 354). The importer, (4) Imported under conditions speci- owner, or agent or representative of fied on the Departmental permit and the importer or owner of cut flowers is found by the Deputy Administrator to 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

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