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Animal and Plant Health Inspection Service, USDA § 301.76–2

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Animal and Plant Health Inspection Service, USDA § 301.76–2 Animal and Plant Health Inspection Service, USDA § 301.76–2 that the Administrator determines is or any State, territory, or possession of likely to persist for the foreseeable fu- the United States. ture. [75 FR 34332, June 17, 2010, as amended at 77 Inspector. An individual authorized FR 59712, Oct. 1, 2012] by the Administrator to perform the duties required under this subpart. § 301.76–2 Regulated articles for Asian Interstate. From any State into or citrus psyllid and citrus greening. through any other State. The following are regulated articles Limited permit. A document issued by for Asian citrus psyllid and citrus an inspector or person operating under greening: a compliance agreement to allow the (a) All plants and plant parts (includ- interstate movement of regulated arti- ing leaves), except fruit, of: Aegle cles to a specified destination, for spec- marmelos, Aeglopsis chevalieri, Afraegle ified handling, processing, or utiliza- gabonensis, A. paniculata, Amyris tion. madrensis, Atalantia spp. (including Moved (move, movement). Shipped, of- Atalantia monophylla), Balsamocitrus fered for shipment, received for trans- dawei, Bergera (=Murraya) koenigii, portation, transported, carried (wheth- Calodendrum capense, Choisya ternate, C. er on one’s person or by any other arizonica, X Citroncirus webberi, Citropsis means of conveyance), or allowed to be articulata, Citropsis gilletiana, Citrus moved, shipped, transported, or car- madurensis (= X Citrofortunella ried. For the purposes of this subpart, microcarpa), Citrus spp., Clausena movements include any type of ship- anisum-olens, C. excavata, C. indica, C. ment, including mail and Internet lansium, Eremocitrus glauca, Eremocitrus commerce. hybrid, Esenbeckia berlandieri, Nursery. Any commercial location Fortunella spp., Limonia acidissima, where nursery stock is grown, propa- Merrillia caloxylon, Microcitrus gated, stored, maintained, or sold, or australasica, M. australis, M. papuana, X any location from which nursery stock Microcitronella spp., Murraya spp., is distributed. Naringi crenulata, Pamburus missionis, Nursery stock. Any plants or plant Poncirus trifoliata, Severinia buxifolia, parts, excluding fruit, intended to be Swinglea glutinosa, Tetradium planted, to remain planted, or to be re- ruticarpum, Toddalia asiatica, Triphasia planted. Nursery stock includes, but is trifolia, Vepris (=Toddalia) lanceolata, not limited to, trees, shrubs, cuttings, and Zanthoxylum fagara. grafts, scions, and buds. (b) Propagative seed of the species Person. Any association, company, listed in paragraph (a) of this section is corporation, firm, individual, joint considered a host of citrus greening but stock company, partnership, society, not a host of Asian citrus psyllid. or other entity. Therefore, notwithstanding the other Port. Any place designated by the provisions of this subpart, the move- President, Secretary of the Treasury, ment of propagative seed of these spe- or Congress at which a Customs officer cies from an area quarantined for cit- is assigned with authority to accept rus greening is prohibited, while the entries of merchandise, to collect du- movement of such seed from an area ties, and to enforce the various provi- quarantined only for Asian citrus sions of the Customs and Navigation psyllid, but not for citrus greening, is laws in force at that place. allowed without restriction. Quarantined area. Any State or por- (c) Any other product, article, or tion of a State designated as a quar- means of conveyance may be des- antined area for Asian citrus psyllid or ignated a regulated article for Asian citrus greening in accordance with citrus psyllid or citrus greening, if an § 301.76-3. inspector determines that it presents a Regulated article. Any article listed in risk of spreading these pests, and after § 301.76-2 or otherwise designated as a the inspector provides written notifica- regulated article in accordance with tion to the person in possession of the § 301.76-2(c). product, article, or means of convey- State. The District of Columbia, Puer- ance that it is subject to the restric- to Rico, the Northern Mariana Islands, tions of this subpart. 89 VerDate Sep<11>2014 08:25 Feb 25, 2015 Jkt 235016 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\235016.XXX 235016 rljohnson on DSK3VPTVN1PROD with CFR § 301.76–3 7 CFR Ch. III (1–1–15 Edition) (d) Plant parts of the species listed in area for citrus greening or Asian citrus paragraph (a) of this section may be ex- psyllid. empted from the regulations in this (1) A State, or portion of a State, will subpart, provided that the parts have be designated as a quarantined area for been processed such that an inspector citrus greening when the presence of determines they no longer present a citrus greening is confirmed within the risk of spreading Asian citrus psyllid area by an APHIS-administered test. or citrus greening. (2) A State, or portion of a State, will be designated as a quarantined area for § 301.76–3 Quarantined areas; citrus greening and Asian citrus psyllid. Asian citrus psyllid in which an estab- lished population of Asian citrus (a) The Administrator will designate psyllids has been detected. an area as a quarantined area for citrus (3) A State, or portion of a State, will greening or as a quarantined area for be designated as a quarantined area for Asian citrus psyllid in accordance with either citrus greening or Asian citrus the criteria listed in paragraph (c) of psyllid if the Administrator considers this section. The Administrator will it necessary to quarantine the area be- publish a description of all areas quar- cause of its inseparability for quar- antined for citrus greening or Asian citrus psyllid on the Plant Protection antine enforcement purposes from lo- and Quarantine (PPQ) Web site: (http:// calities in which citrus greening or an www.aphis.usda.gov/plantlhealth/ established population of Asian citrus plantlpestlinfo/citruslgreening/ psyllids has been found. index.shtml). The description of each § 301.76–4 Labeling requirements for quarantined area will include the date regulated nursery stock produced the description was last updated and a within an area quarantined for cit- description of any changes that have rus greening. been made to the quarantined area. Lists of all quarantined areas may also (a) Effective September 15, 2010, ex- be obtained by request from any local cept as provided in paragraphs (b) and office of PPQ; local offices are listed in (c) of this section, all regulated nurs- telephone directories and on the Inter- ery stock offered for commercial sale net at (http://www.aphis.usda.gov/serv- within an area quarantined for citrus ices/reportlpestldisease/ greening must have an APHIS-ap- reportlpestldisease.shtml). After a proved plastic or metal tag on which a change is made to the description of statement alerting consumers to Fed- quarantined areas, we will publish a eral prohibitions regarding the inter- notice in the FEDERAL REGISTER in- state movement of the article is promi- forming the public that the change has nently and legibly displayed. Alter- occurred and describing the change to natively, if the article is destined for the quarantined areas. commercial sale in a box or container, (b) Designation of an area less than an the statement may be printed on the entire State as a quarantined area. Less box or container, or printed on a label than an entire State will be designated permanently affixed to the box or con- as a quarantined area for citrus green- tainer, provided that, in either case, ing or the Asian citrus psyllid only if the statement is prominently and leg- the Administrator determines that: ibly displayed. The operator of the site (1) The State has adopted and is en- of propagation of the nursery stock and forcing restrictions on the intrastate the person offering the plants for com- movement of regulated articles that mercial sale are jointly responsible for are equivalent to those imposed by this all such labeling. subpart on the interstate movement of (b) Nursery stock produced within a regulated articles; and quarantined area for planting in a com- (2) The designation of less than the mercial citrus grove within that same entire State as a quarantined area will area and moved directly to that grove, prevent the interstate spread of citrus without movement outside of the quar- greening or Asian citrus psyllid. antined area, may be moved without (c) Criteria for designation of a State, being labeled in accordance with para- or a portion of a State, as a quarantined graph (a) of this section. 90 VerDate Sep<11>2014 08:25 Feb 25, 2015 Jkt 235016 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\235016.XXX 235016 rljohnson on DSK3VPTVN1PROD with CFR.
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