§ 319.56–2g 7 CFR Ch. III (1–1–02 Edition)
§ 300.1 of this chapter. The cold treat- boxes must be clearly marked with all ment must be conducted in accordance the information required by paragraph with the requirements of § 319.56–2d of (c)(6) of this section. this subpart. (Approved by the Office of Management and (f) Disease detection. If, during the Budget under control number 0579–0134) course of any inspection or testing re- quired by this section or § 319.56–6 of [65 FR 37668, June 15, 2000] this subpart, or at any other time, cit- § 319.56–2g Administrative instruc- rus black spot or sweet orange scab is tions prescribing method of treat- detected on any grapefruit, lemons, or ment of garlic from specified coun- oranges, APHIS and SENASA must be tries. notified and the grove in which the (a) Except as otherwise provided in fruit was grown or is being grown shall these administrative instructions, fu- be removed from the SENASA citrus migation with methyl bromide in vacu- export program for the remainder of um fumigation chambers, in accord- that year’s growing and harvest season, ance with the Plant Protection and and the fruit harvested from that grove Quarantine Treatment Manual, which may not be imported into the United is incorporated by reference at § 300.1 of States from the time of detection this chapter, is a condition of entry through the remainder of that shipping under permit for all shipments of garlic season. (Allium sativum) from Algeria, Armenia, (g) Limitations on distribution. The dis- Austria, Azerbaijan, Czech Republic, tribution of the grapefruit, lemons, and Egypt, Estonia, France, Georgia, Ger- oranges is limited to the continental many, Greece, Hungary, Iran, Israel, United States (the 48 contiguous Italy, Latvia, Lithuania, Moldova, Mo- States, Alaska, and the District of Co- rocco, Portugal, Romania, the area of lumbia.). In addition, during the 2000 the Russian Federation west of the through 2003 shipping seasons, the dis- Ural Mountains, Slovakia, South Afri- tribution of the grapefruit, lemons, and ca (Republic of), Spain, Switzerland, oranges is further limited as follows: Syria, Turkey, Ukraine, and the area (1) During the 2000 and 2001 shipping of the former Yugoslavia. Fumigation seasons, the fruit may be distributed in is to be carried out under the super- all areas of the continental United vision of a plant quarantine inspector States except Alabama, Arizona, Ar- and at the expense of the importer. kansas, California, Colorado, Florida, While it is believed that the garlic will Georgia, Louisiana, Mississippi, Ne- be unaffected by the fumigation, the vada, New Mexico, Oklahoma, Oregon, treatment will be at the importer’s Texas, and Utah. risk. Such entry will be limited to (2) During the 2002 and 2003 shipping ports named in the permits, where ap- seasons, the fruit may be distributed in proved facilities for vacuum fumiga- all areas of the continental United tion with methyl bromide are avail- States except Arizona, California, Flor- able. ida, Louisiana, and Texas. (b)(1) The following alternate proce- (3) For the 2004 shipping season and dure is approved by the Deputy Admin- beyond, the fruit may be distributed in istrator of the Plant Protection and all areas of the continental United Quarantine Programs as a condition of States. entry under permit for shipments of (h) Ports of entry. The grapefruit, garlic (Allium sativum) from Italy and lemons, and oranges may enter the Spain: United States only through a port of (i) A certificate shall be obtained entry located in a State where the dis- from the appropriate phytosanitary of- tribution of the fruit is authorized pur- ficial of the country of origin to the ef- suant to paragraph (g) of this section. fect that such garlic is free of living (i) Repackaging. If any grapefruit, stages of Brachycerus spp. and lemons, or oranges are removed from Dyspessa ulula (Bkh.), said certifi- their original shipping boxes and re- cation to be based on field inspection packaged, the stickers required by and certification and subsequent reex- paragraph (c)(5) of this section may not amination at the port of departure be removed or obscured and the new prior to exportation. The
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phytosanitary certificate to be issued fruit fly (Ceratitis capitata), the Queens- by such official shall show the ship- land fruit fly (Dacus tryoni), and the ment to be either initially free from light brown apple moth (Epiphyas these pests or to have been fumigated. postvittana). (ii) The original copy of the (2) If an APHIS inspector finds evi- phytosanitary certificate shall be at- dence of any other insect pests for tached to the manifest accompanying which a treatment authorized in the the shipment. However, with the con- Plant Protection and Quarantine sent of the Plant Quarantine inspector, Treatment Manual is available, the the importer may arrange to have the grapes will remain eligible for importa- original phytosanitary certificate tion into the United States only if they mailed direct to the Inspector in are treated for the pests in Australia, Charge, Plant Protection and Quar- or at their first port of arrival in the antine Programs, at the port of entry, United States, under the supervision of if this will expedite inspection and re- an APHIS inspector. lease of certified shipments. If such an (b) Authorized treatments. Authorized arrangement is made, a copy of the treatments are listed in the Plant Pro- phytosanitary certificate shall be at- tection and Quarantine Treatment tached to the manifest accompanying Manual, which is incorporated by ref- the shipment. erence. For the full identification of (iii) Shipments of certified Italian or this standard, see § 300.1 of this chap- Spanish garlic will be subject to in- ter, ‘‘Materials incorporated by ref- spection upon arrival in the United erence.’’ States and if found infested with living (c) Trust Fund Agreement. Grapes that stages of Brachycerus spp. or Dyspessa undergo the fumigation phase of their ulula (Bkh.) shall be fumigated in ac- treatment in Australia may be im- cordance with paragraph (a) of this sec- ported into the United States only if tion. the national plant protection service of (2) The entry of certified garlic under Australia has entered into a trust fund the alternate procedure provided for in agreement with APHIS. This agree- paragraph (b)(1) of this section will be ment requires the national plant pro- limited to the ports named in para- tection service of Australia to pay in graph (a)(1) of this section or such advance all costs that APHIS esti- other ports as may subsequently be mates it will incur in providing serv- named in the permits. ices in Australia. These costs include (3) Continuance of the alternate pro- administrative expenses and all sala- cedure provided for in paragraph (b)(1) ries (including overtime and the Fed- of this section for the importation of eral share of employee benefits), travel Italian or Spanish garlic is contingent expenses, and other incidental expenses upon the satisfactory observance of incurred by APHIS inspectors in per- such procedure by the respective coun- forming these services. The agreement tries of origin. requires the national plant protection [24 FR 10788, Dec. 29, 1959, as amended at 35 service of Australia to deposit a cer- FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, tified or cashier’s check with APHIS 1971. Redesignated at 50 FR 9788, Mar. 12, for the amount of these costs, as esti- 1985; 62 FR 50235, Sept. 25, 1997] mated by APHIS. If the deposit is not sufficient to meet all costs incurred by § 319.56–2h Regulations governing the APHIS, the agreement further requires entry of grapes from Australia. the national plant protection service of (a) Importations allowed. (1) Grapes Australia to deposit with APHIS a cer- from Australia may be imported into tified or cashier’s check for the amount the United States only if they are in- of the remaining costs, as determined spected by an inspector of the Animal by APHIS, before the grapes may be and Plant Health Inspection Service imported. After a final audit at the [APHIS], either in Australia or the conclusion of each shipping season, any United States, and treated with an au- overpayment of funds would be re- thorized treatment under the super- turned to the national plant protection vision of an APHIS inspector for the service of Australia, or held on account following pests: the Mediterranean until needed.
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