Animal and Health Inspection Service, USDA § 319.37–7

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, , Kampuchea, , Madagascar, Malaysia, Mauritius, Mozambique, Myanmar, Nepal, Oman, Pakistan, Papua New Guinea, Paraguay, People’s Republic of , 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 com- pleted 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, , 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, , in § 319.37–5(b). (horsechestnut). Germany, , Slovakia, Datura spp...... All except Canada and India. . 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 ( 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, , 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, , 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, , Herzegovina, Brazil, Brunei, Can- San Marino, , Taiwan, ada, Canary Islands, Chile, Thailand, Tunisia, , Uru- China, Colombia, Croatia, Ecua- guay, Venezuela, Yugoslavia; the dor, Iceland, Japan, Korea, European Union (Austria, Bel- Liechtenstein, Macedonia, Malay- gium, , Cyprus, Czech sia, Mexico, Moldova, Monaco, Republic, Denmark, Estonia, Fin- New Zealand, Norway, Peru, Re- land, France, Germany, Greece, public of South Africa, Russia, , Ireland, Italy, Latvia, San Marino, Switzerland, Taiwan, Lithuania, Luxembourg, Malta, Thailand, Tunisia, Ukraine, Uru- Netherlands, , 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 coun- tries 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 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 in- festation 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 fol- lowing 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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