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Home , Cucumis melo

Animal and Health Inspection Service, USDA § 301.97–2

to believe that the fruit fly is Apple (Malus sylvestris) present. Apple, custard (Annona reticulata) Inspector. Any employee of the Ani- Avocado (Persea americana) Bean, hyacinth (Dolichos lablab) mal and Plant Health Inspection Serv- Bean, lima (Phaseolus lunatus = Phaseolus ice, U.S. Department of Agriculture, or limensis) other person authorized by the Admin- Bean, mung (Phaseolus vulgaris) istrator to enforce this subpart. ( melo and Cucumis melo Interstate. From any State into or var. Cantalupensis) through any other State. Cauliflower (Brassica oleracea var. botrytis) Limited permit. A document in which Chayote (Sechium edule) Colocynth ( colocynthis) an inspector or person operating under Cowpea (Vigna unguiculata) a compliance agreement affirms that (Cucumis sativus) the regulated article identified on the Cucumber, bur (Sicyes sp.) document is eligible for interstate Cucurbit (Cucumis pubescens and Cucumis movement in accordance with § 301.97– trigonus) 5(b) of this subpart only to a specified Date palm (Phoenix dactylifera) destination and only in accordance Eggplant (Solanum melongena) Fig (Ficus carica) with specified conditions. Gourds Melon fruit fly. The insect known as (Coccinia spp.) the melon fruit fly, Bactrocera (Cresentia spp.) cucurbitae (Coquillett), in any stage of (Lagenaria spp.) development. (Luffa spp.) Moved (move, movement). Shipped, of- (Momordica spp.) (Trichosanthis spp.) fered for shipment, received for trans- Grape (Vitis trifolia) portation, transported, carried, or al- Guava (Psidium guajava) lowed to be moved, shipped, trans- Guava, cattley (Psidium cattlelanum) ported, or carried. Lemon, water (Passiflora laurifolia) Person. Any association, company, Mango (Mangifera indica) corporation, firm, individual, joint Melon (Citrullus spp.) stock company, partnership, society, Melon, Chinese (Benincasa hispida) Melon, oriental pickling (Cucumis melo var. or other entity. conomon) Plant Protection and Quarantine. Mustard, leaf (Brassica juncea) Plant Protection and Quarantine, Ani- Okra (Hibiscus esculentus) mal and Plant Health Inspection Serv- Orange, king (Citrus nobilis) ice, United States Department of Agri- Orange, mandarin (Citrus reticulata) culture. Orange, sweet (Citrus sinensis) Papaya (Carica papaya) Quarantined area. Any State, or any Passion fruit (Passiflora edulis) portion of a State, listed in § 301.97–3(c) Peach (Prunus persica) of this subpart or otherwise designated Pear (Pyrus communis) as a quarantined area in accordance Pepper (Capsicum annum) with § 301.97–3(b) of this subpart. Pepper, chile (Capsicum annum) Regulated article. Any article listed in Pepper, tobasco (Capsicum frutescens) § 301.97–2 or otherwise designated as a ( pepo) Pumpkin, Canada (Cucurbita moschata) regulated article in accordance with Scarlet wisteria tree (Sesbania grandiflora) § 301.97–2(e). Soursop (Annona muricata) State. The District of Columbia, Puer- Squash (Cucurbita maxima) to Rico, the Northern Mariana Islands, Tomato (Lycopersicon esculentum) or any State, territory, or possession of Tomato, tree (Cyphomandra betaceae) the United States. (Citrullus lanatus = Citrullus vulgaris) § 301.97–2 Regulated articles. Any fruits or vegetables that are The following are regulated articles: canned or dried or frozen below ¥17.8 (a) Melon fruit flies.2 °C. (0 °F.) are not regulated articles. (b) The following fruits and vegeta- (c) Soil within the dripline of bles: that are producing or have produced the fruits or vegetables listed in para- 2 Permit and other requirements for the graph (b) of this section. interstate movement of melon fruit flies are (d) Plants of the following species in contained in part 330 of this chapter. the family :

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Cantaloupe (Cucumis melo) prevent the interstate spread of the Chayote (Sechium edule) melon fruit fly. Colocynth () (b) The Administrator or an inspec- Cucumber (Cucumis sativus) tor may temporarily designate any Cucumber, bur (Sicyos sp.) Cucurbit, wild (Cucumis trigonus) nonquarantined area in a State as a Gherkin, West India (Cucumis angaria) quarantined area in accordance with Gourd, angled luffa (Luffa acutangula) paragraph (a) of this section. The Ad- Gourd, balsam apple (Momordica balsaminia) ministrator will give a copy of this reg- Gourd, ivy (Coccinia grandis) ulation along with a written notice for Gourd, kakari (Momordica dioica) the temporary designation to the Gourd, serpent cucumber (Trichosanthis owner or person in possession of the anguina) nonquarantined area. Thereafter, the Gourd, snake (Trichosanthis cucumeroides) interstate movement of any regulated Gourd, sponge (Luffa aegyptiaca) article from an area temporarily des- Gourd, white flowered (Lagenaria siceraria) Melon, Chinese (Benincasa hispida) ignated as a quarantined area will be Melon, long (Cucumis utilissimus) subject to this subpart. As soon as Pumpkin (Cucurbita pepo) practicable, this area will be added to Pumpkin, Canada (Cucurbita moschata) the list in paragraph (c) of this section Squash (Cucurbita maxima) or the designation will be terminated Watermelon (Citrullus lanatus = Citrullus by the Administrator or an inspector. vulgaris) The owner or person in possession of an (e) Any other product, article, or area for which designation is termi- means of conveyance not listed in para- nated will be given notice of the termi- graphs (a) through (d) of this section nation as soon as practicable. that an inspector determines presents (c) The areas described below are des- a risk of spreading the melon fruit fly, ignated as quarantined areas: There when the inspector notifies the person are no areas in the continental United in possession of the product, article, or States quarantined for the melon fruit means of conveyance that it is subject fly. to the restrictions of this subpart. [65 FR 8636, Feb. 22, 2000, as amended at 65 § 301.97–3 Quarantined areas. FR 39780, June 28, 2000] (a) Except as otherwise provided in § 301.97–4 Conditions governing the paragraph (b) of this section, the Ad- interstate movement of regulated ministrator will list as a quarantined articles from quarantined areas. area in paragraph (c) of this section Any regulated article may be moved each State, or each portion of a State, interstate from a quarantined area 3 in which the melon fruit fly has been only if moved under the following con- found by an inspector, in which the Ad- ditions: ministrator has reason to believe that (a) With a certificate or limited per- the melon fruit fly is present, or that mit issued and attached in accordance the Administrator considers necessary to quarantine because of its insepa- with §§ 301.97–5 and 301.97–8 of this sub- rability for quarantine enforcement part; purposes from localities in which the (b) Without a certificate or limited melon fruit fly has been found. Less permit if: than an entire State will be designated (1) The regulated article originated as a quarantined area only if the Ad- outside the quarantined area and is ei- ministrator determines that: ther moved in an enclosed vehicle or is (1) The State has adopted and is en- completely enclosed by a covering ade- forcing restrictions on the intrastate quate to prevent access by melon fruit movement of the regulated articles flies (such as canvas, plastic, or other that are substantially the same as closely woven cloth) while moving those imposed by this subpart on the through the quarantined area; and interstate movement of regulated arti- cles; and 3 Requirements under all other applicable (2) The designation of less than the Federal domestic plant quarantines and reg- entire State as a quarantined area will ulations must also be met.

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