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7 CFR Ch. III (1–1–08 Edition) § 301.64–2

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7 CFR Ch. III (1–1–08 Edition) § 301.64–2 § 301.64–2 7 CFR Ch. III (1–1–08 Edition) or otherwise designated as a quar- the fruits listed in paragraph (a) of this antined area in accordance with section, and § 301.64–3(b). (c) Any other product, article, or Regulated article. Any article listed in means of conveyance, of any character § 301.64–2 of otherwise designated as a whatsoever, not covered by paragraph regulated article in accordance with (a) or paragraph (b) of this section, § 301.64–2(c). when it is determined by an inspector State. Each of the several States of that it presents a risk of spread of the the United States, the District of Co- Mexican fruit fly and the person in pos- lumbia, Guam, Northern Mariana Is- session thereof has actual notice that lands, Puerto Rico, the Virgin Islands the product, article or means of con- of the United States and all other ter- veyance is subject to the restrictions of ritories and possessions of the United this section. States. [48 FR 54580, Dec. 6, 1983, as amended at 64 [48 FR 54580, Dec. 6, 1983, as amended at 57 FR 71269, Dec. 21, 1999] FR 521, Jan. 7, 1992; 66 FR 21051, Apr. 27, 2001; 70 FR 37253, June 29, 2005; 72 FR 27950, May § 301.64–3 Quarantined areas. 18, 2007] (a) Except as otherwise provided in paragraph (b) of this section, the Dep- § 301.64–2 Regulated articles. uty Administrator shall list as a quar- (a) The following fruits are regulated antined area in paragraph (c) of this articles: section, each State, or each portion Apple (Malus sylvestris) thereof, in which the Mexican fruit fly Apricot (Prunus armeniaca) has been found by an inspector or in Avocado (Persea americana) which the Deputy Administrator has Calamondin orange (X citrofortunella mitis) reason to believe that the Mexican Cherimoya (Annona cherimola) fruit fly is present, or each portion of a Citrus citron (Citrus medica) State which the Deputy Administrator Custard apple (Annona reticulata) deems necessary to regulate because of Grapefruit (Citrus paradisi) Guava (Pisdium guajava) its proximity to the Mexican fruit fly Japanese plum (Prunus salicina) or its inseparability for quarantine en- Lemon (Citrus limon) except Eureka, Lisbon, forcement purposes from localities in and Villa Franca cultivars (smooth- which the Mexican fruit fly occurs. skinned sour lemon) Less than an entire State will be des- Lime (Citrus aurantiifolia) except sour limes ignated as a quarantined area only if Mamey (Mammea americana) the Deputy Administrator determines Mandarin orange (tangerine) (Citrus that: reticulata) Mango (Mangifera indica) (1) The State has adopted and is en- Nectarine (Prunus persica) forcing a quarantine or regulation Peach (Prunus persica) which imposes restrictions on the Pear (Pyrus communis) intrastate movement of the regulated Plum (Prunus americana) articles which are substantially the Pomegranate (Punica granatum) same as those which are imposed with Prune, Plum (Prunus domestica) respect to the interstate movement of Plummelo (Shaddock) (Citrus maxima) Quince (Cydonia oblonga) such articles under this subpart; and Rose apple (Syzygium jambos (Eugenia (2) The designation of less than the jambos)) entire State as a quarantined area will Sour orange (Citrus aurantium) otherwise be adequate to prevent the Sapote (Casimiroa spp.) artificial interstate spread of the Mexi- Sapota, Sapodilla (Sapotaceae) can fruit fly. Sargentia, yellow chapote (Sargentia greggii) (b) The Deputy Administrator or an Spanish plum, purple mombin or Ciruela inspector may temporarily designate (Spondias spp.) Sweet orange (Citrus sinensis) any nonquarantined area in a State as a quarantined area in accordance with Except that the list does not include the criteria specified in paragraph (a) any fruits which have been canned, or of this section for listing such area. frozen below ¥17.8 °C (0 °F); Written notice of such designation (b) Soil within the drip line of plants shall be given to the owner or person in which are producing or have produced possession of such nonquarantined 58 VerDate Aug<31>2005 12:38 Jan 31, 2008 Jkt 214016 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\214016.XXX 214016 ebenthall on PRODPC61 with CFR.
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