§ 318.82–3 7 CFR Ch. III (1–1–98 Edition)
United States to determine whether 319.8–4 Notice of arrival. they are free of plant pests and other- 319.8–5 Marking of containers. wise meet the requirements applicable 319.8–6 Cottonseed cake and cottonseed to them under this subpart, and shall meal. 319.8–7 Processed lint, linters, and waste. be subject to release, in accordance 319.8–8 Lint, linters, and waste. with § 330.105(a) of this chapter as if 319.8–9 Hull fiber and gin trash. they were foreign arrivals. Such arti- 319.8–10 Covers. cles shall be released only if they meet all applicable requirements under this SPECIAL CONDITIONS FOR THE ENTRY OF subpart. COTTON AND COVERS FROM MEXICO (b) A release may be issued orally by 319.8–11 From approved areas of Mexico. the inspector when inspection of small 319.8–12 From the West Coast of Mexico. quantities of regulated articles is in- 319.8–13 From Northwest Mexico. volved except that a release issued in 319.8–14 Mexican cotton and covers not oth- erwise enterable. specific cases pursuant to the proviso in § 318.82 shall be in writing. MISCELLANEOUS PROVISIONS (c) The appropriate provisions of part 319.8–16 Importation into United States of 352 of this chapter are hereby made ap- cotton and covers exported therefrom. plicable to the safeguarding of regu- 319.8–17 Importation for exportation, and lated articles from Guam temporarily importation for transportation and ex- in parts of the United States other portation; storage. than Guam, when landing therein is 319.8–18 Samples. not intended or landing has been re- 319.8–19 Cottonseed or seed cotton for exper- fused in accordance with this subpart. imental or scientific purposes. 319.8–20 Importations by the Department of The movement of plant pests, means of Agriculture. conveyance, plants, plant products, and 319.8–21 Release of cotton and covers after other products and articles from Guam 18 months’ storage. into or through any other State, Terri- 319.8–22 Ports of entry or export. tory, or District is also regulated by 319.8–23 Treatment. part 330 of this chapter. 319.8–24 Collection and disposal of waste. 319.8–25 Costs and charges. § 318.82–3 Costs. 319.8–26 Material refused entry. 319.8–27 Applicability of Mexican Border All costs incident to the inspection, Regulations. handling, cleaning, safeguarding, treat- ing, or other disposal of products or ar- Subpart—Sugarcane ticles under this subpart, except for the services of an inspector during regu- 319.15 Notice of quarantine. 319.15a Administrative instructions and in- larly assigned hours of duty and at the terpretation relating to entry into Guam usual places of duty, shall be borne by of bagasse and related sugarcane prod- the owner. ucts. PART 319—FOREIGN QUARANTINE Subpart—Citrus Canker and Other Citrus NOTICES Diseases 319.19 Notice of quarantine. Subpart—Foreign Cotton and Covers Subpart—Corn Diseases QUARANTINE Sec. QUARANTINE 319.8 Notice of quarantine. 319.24 Notice of quarantine. 319.8a Administrative instructions relating 319.24a Administrative instructions relating to the entry of cotton and covers into to entry of corn into Guam. Guam. REGULATIONS GOVERNING ENTRY OF INDIAN REGULATIONS; GENERAL CORN OR MAIZE 319.8–1 Definitions. 319.24–1 Applications for permits for impor- tation of corn. CONDITIONS OF IMPORTATION AND ENTRY OF 319.24–2 Issuance of permits. COTTON AND COVERS 319.24–3 Marking as condition of entry. 319.8–2 Permit procedure. 319.24–4 Notice of arrival of corn by permit- 319.8–3 Refusal and cancellation of permits. tee.
174
VerDate 20
319.24–5 Condition of entry. 319.41a Administrative instructions relating to entry into Guam of broomcorn, Subpart—Citrus Fruit brooms, and similar articles. 319.41b Administrative instructions pre- 319.28 Notice of quarantine. scribing conditions for entry of broomstraw without treatment. Subpart—Bamboo Capable of Propagation RULES AND REGULATIONS 319.34 Notice of quarantine. 319.41–1 Plant products permitted entry. Subpart—Nursery Stock, Plants, Roots, 319.41–2 Application for permits. Bulbs, Seeds, and Other Plant Products 319.41–3 Issuance of permits. 319.41–4 Notice of arrival by permittee. 319.37 Prohibitions and restrictions on im- 319.41–5 Condition of entry. portation; disposal of articles refused im- 319.41–5a Administrative instructions; portation. method used for the disinfection of im- 319.37–1 Definitions. ported broomcorn and broomcorn 319.37–2 Prohibited Articles. brooms. 319.37–3 Permits. 319.41–6 Importations by mail. 319.37–4 Inspection, treatment, and phytosanitary certificates of inspection. Subpart—Rice 319.37–5 Special foreign inspection and cer- tification requirements. QUARANTINE 319.37–6 Specific treatment and other re- 319.55 Notice of quarantine. quirements. 319.55a Administrative instructions relating 319.37–7 Postentry quarantine. to entry of rice straw and rice hulls into 319.37–8 Growing media. Guam. 319.37–9 Approved packing material. 319.37–10 Marking and identity. RULES AND REGULATIONS 319.37–11 Arrival notification. 319.37–12 Prohibited articles accompanying 319.55–1 Definitions. restricted articles. 319.55–2 Application for permit. 319.37–13 Treatment and costs and charges 319.55–3 Ports of entry. for inspection and treatment. 319.55–4 Issuance of permits. 319.37–14 Ports of entry. 319.55–5 Notice of arrival by permittee. 319.55–6 Inspection and disinfection at port Subpart—Logs, Lumber, and Other of arrival. Unmanufactured Wood Articles 319.55–7 Importations by mail. 319.40–1 Definitions. Subpart—Fruits and Vegetables 319.40–2 General prohibitions and restric- tions; relation to other regulations. QUARANTINE 319.40–3 General permits; articles that may 319.56 Notice of quarantine. be imported without a specific permit; 319.56a Administrative instructions and in- articles that may be imported without terpretation relating to entry into Guam either a specific permit or an importer of fruits and vegetables under § 319.56. document. 319.40–4 Application for a permit to import RULES AND REGULATIONS regulated articles; issuance and with- 319.56–1 Definitions. drawal of permits. 319.56–2 Restrictions on entry of fruits and 319.40–5 Importation and entry require- vegetables. ments for specified articles. 319.56–2a Permits required for entry of 319.40–6 Universal importation options. chestnuts and acorns and certain coco- 319.40–7 Treatments and safeguards. nuts. 319.40–8 Processing at facilities operating 319.56–2b Administrative instructions; under compliance agreements. conditions governing the entry of acorns 319.40–9 Inspection and other requirements and chestnuts. at port of first arrival. 319.56–2c Administrative instructions au- 319.40–10 Costs and charges. thorizing the importation of frozen fruits 319.40–11 Plant pest risk assessment stand- and vegetables. ards. 319.56–2d Administrative instructions for cold treatments of certain imported Subpart—Indian Corn or Maize, fruits. Broomcorn, and Related Plants 319.56–2e Administrative instructions; conditions governing the entry of QUARANTINE cipollini from Morocco. 319.41 Notice of quarantine. 319.56–2f [Reserved]
175
VerDate 09
319.56–2g Administrative instructions pre- 319.56–2bb Administrative instructions scribing method of treatment of garlic governing movement of Hass avocados from specified countries. from Mexico to Alaska. 319.56–2h Regulations governing the entry 319.56–2cc Administrative instructions of grapes from Australia. governing the entry of Fuji variety ap- 319.56–2i Administrative instructions pre- ples from Japan and the Republic of scribing treatments for mangoes from Korea. Central America, Mexico, South Amer- 319.56–2dd Administrative instructions: ica, and the West Indies. conditions governing the entry of pink or 319.56–2j Conditions governing the entry red tomatoes from Spain. of apples and pears from Australia (in- 319.56–2ee Administrative instructions: cluding Tasmania) and New Zealand. conditions governing the entry of Ya va- 319.56–2k Administrative instructions pre- riety pears from China. scribing method of fumigation of field- grown grapes from specified countries. 319.56–2ff Administrative instructions 319.56–2l Administrative instructions pre- governing movement of Hass avocados scribing method of treatment of im- from Mexico to the Northeastern United ported yams. States. 319.56–2m Administrative instructions 319.56–3 Applications for permits for impor- prescribing method of fumigation of apri- tation of fruits and vegetables. cots, grapes, nectarines, peaches, 319.56–4 Issuance of permits. plumcot, and plums from Chile. 319.56–5 Notice of arrival by permittee. 319.56–2n Administrative instructions pre- 319.56–6 Inspection and other requirements scribing a combination treatment of fu- at the port of first arrival. migation plus refrigeration for certain 319.56–7 Inspection of baggage and cargo on fruits. the dock. 319.56–2o Administrative instructions pre- 319.56–8 Territorial applicability. scribing method of treatment of avoca- dos for the Mediterranean fruit fly, the Subpart—Wheat Diseases melon fly, and the oriental fruit fly. 319.56–2p Administrative instructions pre- 319.59 Prohibitions on importation; disposal scribing treatment and relieving restric- of articles refused importation. tions regarding importation of okra from 319.59–1 Definitions. Mexico, the West Indies, and certain 319.59–2 Prohibited articles. countries in South America. 319.56–2q Administrative instructions: Subpart—Packing Materials Conditions governing the entry of citrus from South Africa. QUARANTINE 319.56–2r Administrative instructions gov- erning the entry of apples and pears from 319.69 Notice of quarantine. certain countries in Europe. 319.69a Administrative instructions and in- 319.56–2s Administrative instructions gov- terpretation relating to the entry into erning the entry of apricots, nectarines, Guam of plant materials specified in peaches, plumcot, and plums from Chile. § 319.69. 319.56–2t Administrative instructions; conditions governing the entry of certain RULES AND REGULATIONS fruits and vegetables. 319.69–1 Definitions. 319.56–2u Conditions governing the entry 319.69–2 Freedom from pests. of lettuce and peppers from Israel. 319.56–2v Conditions governing the entry 319.69–3 Entry inspection. of citrus from Australia. 319.69–4 Disposition of materials found in 319.56–2w Administrative instruction; con- violation. ditions governing the entry of papayas 319.69–5 Types of soil authorized for pack- from Costa Rica. ing. 319.56–2x Administrative instructions; conditions governing the entry of certain Subpart—Coffee fruits and vegetables for which treat- ment is required. QUARANTINE 319.56–2y Administrative instructions; 319.73 Notice of quarantine. conditions governing the entry of canta- loupe and watermelon from Ecuador. REGULATIONS 319.56–2z Administrative instructions gov- erning the entry of cherimoyas from 319.73–1 Definitions. Chile. 319.73–2 Products prohibited importation. 319.56–2aa Administrative instructions 319.73–3 Conditions for transit movement of governing the entry of honeydew melons certain products through Puerto Rico or from Brazil. Hawaii.
176
VerDate 09
319.73–4 Costs. portation into the United States from all foreign countries and localities of Subpart—Cut Flowers (1) any parts or products of plants of QUARANTINE the genus Gossypium, including seed cotton; cottonseed; cotton lint, linters, 319.74 Notice of quarantine. and other forms of cotton fiber (not in- RULES AND REGULATIONS cluding yarn, thread, and cloth); cot- 319.74–1 Definitions. tonseed hulls, cake, meal, and other 319.74–2 Regulated articles. cottonseed products, except oil; cotton 319.74–3 Conditions governing the entry of waste, including gin waste and thread cut flowers. waste; and any other unmanufactured 319.74–4 Shipments for experimental or sci- parts of cotton plants; and (2) second- entific purposes. hand burlap and other fabrics, shredded or otherwise, which have been used or Subpart—Khapra Beetle are of the kinds ordinarily used, for 319.75 Restrictions on importation of re- containing cotton, grains (including stricted articles; Disposal of articles re- grain products), field seeds, agricul- fused importation. tural roots, rhizomes, tubers, or other 319.75–1 Definitions. underground crops, may result in the 319.75–2 Restricted articles. 319.75–3 Permits. entry into the United States of the 319.75–4 Treatments. pink bollworm (Pectinophora 319.75–5 Marking and identity. gossypiella (Saund.)), the golden nema- 319.75–6 Arrival notification. tode of potatoes Heterodera 319.75–7 Costs and charges. rostochiensis Wr.), the flag smut dis- 319.75–8 Ports of entry. ease (Urocystis tritici Koern.), and 319.75–9 Inspection and phytosanitary cer- other injurious plant diseases and in- tificate of inspection. sect pests, and said Administrator Subpart—Exotic Bee Diseases and hereby further determines, that, in Parasites order to prevent the introduction into the United States of said plant diseases 319.76 Restrictions on importation of re- and insect pests, which are new to or stricted articles; disposal of articles re- not heretofore widely prevalent or dis- fused importation. 319.76–1 Definitions. tributed within and throughout the 319.76–2 Restricted articles. United States, it is necessary to forbid 319.76–3 Permits. the importation into the United States 319.76–4 Inspections and treatments. of the plants and products, including 319.76–5 Marking and shipping. fabrics, specified above, except as per- 319.76–6 Arrival notification. mitted in the regulations supplemental 319.76–7 Costs and charges. hereto. Hereafter the plants and prod- 319.76–8 Ports of entry. ucts specified above shall not be im- AUTHORITY: 7 U.S.C. 150dd, 150ee, 150ff, 151– ported or offered for entry into the 167, 450, 2803, and 2809; 21 U.S.C. 136 and 136a; United States from any foreign coun- 7 CFR 2.22, 2.80, and 371.2(c). try or locality except as permitted by SOURCE: 24 FR 10788, Dec. 29, 1959, unless said regulations, and the plants and otherwise noted. products permitted by the regulations to be imported or offered for entry Subpart—Foreign Cotton and shall be subject to the provisions of Covers sections 1, 2, 3, and 4 of said Plant Quarantine Act (7 U.S.C. 154, 156, 157, QUARANTINE and 158): Provided, That whenever the Deputy Administrator of the Plant § 319.8 Notice of quarantine. Protection and Quarantine Programs (a) Pursuant to sections 5 and 7 of the shall find the existing conditions as to Plant Quarantine Act of 1912, as pest risk involved in the importation of amended (7 U.S.C. 159, 160), and after the articles to which the regulations the public hearing required thereunder, supplemental hereto apply, make it the Administrator of the Animal and safe to modify, by making less strin- Plant Health Inspection Service hereby gent the restrictions contained in any determines that the unrestricted im- of such regulations, he shall publish
177
VerDate 20
such findings in the administrative in- cloth; cottonseed hulls, cake, meal, and structions, specifying the manner in other cottonseed products, except oil; which the restrictions shall be made waste; and all other unmanufactured less stringent, whereupon such modi- parts of cotton plants. fication shall become effective; or he (b) Seed cotton. Cotton as it comes may, upon request in specific cases, from the field. when the public interests will permit, (c) Cottonseed. Cottonseed from which authorize such importation under con- the lint has been removed. ditions specified in the permit to carry (d) Lint. All forms of raw ginned cot- out the purposes of this part that are ton, either baled or unbaled, except less stringent than those contained in linters and waste. the regulations. (e) Linters. All forms of cotton fiber (b) As used in this section the term ‘‘United States’’ shall have the mean- separated from cottonseed after the ing ascribed to it in the regulations lint has been removed, excluding so- supplemental hereto. called hull fiber. (f) Waste. All forms of cotton waste [24 FR 10788, Dec. 29, 1959, as amended at 36 derived from the manufacture of cotton FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, lint, in any form or under any trade 1972] designation, including gin waste and § 319.8a Administrative instructions thread waste; and waste products de- relating to the entry of cotton and rived from the milling of cottonseed. covers into Guam. Gin trash is not within the definition The plants and products specified in of waste. § 319.8(a) may be imported into Guam (g) Gin trash. All of the material pro- without further permit, other than the duced during the cleaning and ginning authorization contained in this para- of seed cotton, bollies or snapped cot- graph. Sections 319.8–2 and 319.8–3 shall ton except the lint, cottonseed, and gin not be applicable to such importations. waste. In addition, such importations need (h) Covers. Second-hand burlap and not comply with the requirements of other fabrics, shredded or otherwise, § 319.8–4 relating to notice of arrival in- including any whole bag, any bag that asmuch as there is available to the in- has been slit open, and any part of a spector the essential information nor- bag, which have been used, or are of mally supplied by the importer at the the kinds ordinarily used, for contain- time of importation. Sections 319.8–5 ing cotton, grains (including grain through 319.8–27 shall not be applicable products), field seeds, agricultural to importations into Guam. Inspection roots, rhizomes, tubers, or other under- of such importations may be made ground crops. Burlap and other fabrics, under the general authority of when new or unused are excluded from § 330.105(a) of this chapter. If an impor- this definition. tation is found infected, infested, or (i) Uncompressed. Baled or packaged contaminated with any plant pest and to a density not exceeding approxi- is not subject to disposal under this mately 20 pounds per cubic foot. part, disposition may be made in ac- (j) Compressed. Compressed or pressed cordance with § 330.106 of this chapter. and baled or packaged to a density REGULATIONS; GENERAL greater than approximately 20 pounds and less than approximately 28 pounds § 319.8–1 Definitions. per cubic foot. For the purposes of the regulations (k) Compressed to high density. Com- in this subpart, the following words pressed or pressed and baled or pack- shall be construed, respectively, to aged to a density of approximately 28 mean: or more pounds per cubic foot. (a) Cotton. Parts and products of (l) Contamination (contaminate). Con- plants of the genus Gossypium, includ- taining or bearing whole cottonseed or ing seed cotton; cottonseed; cotton seed cotton or other material which lint, linters and other forms of cotton may carry the pink bollworm, the gold- fiber, not including yarn, thread and en nematode of potatoes, the flag smut
178
VerDate 20
disease, or other injurious plant dis- infestations or infections of insect eases or insect pests. (The verb con- pests or plant diseases, such as fumiga- taminate shall be construed accord- tion, application of chemicals or dry or ingly.) moist heat, or processing, utilization, (m) Samples. Samples of lint, linters, or storage. waste, cottonseed cake, and cottonseed (t) Permit. A form of authorization to meal, of the amount and character usu- allow the importation of cotton or cov- ally required for trade purposes. ers in accordance with the regulations (n) United States. Any of the States, in this subpart. the District of Columbia, Guam, Puer- (u) Approved. Approved by the Deputy to Rico, or the Virgin Islands of the Administrator of the Plant Protection United States. and Quarantine Programs. (o) North, northern. When used to des- (v) Approved fumigation facilities. Ap- ignate ports of arrival, these terms proved vacuum fumigation plant at a mean the port of Norfolk, Virginia, and port where an inspector is available to all Atlantic Coast ports north thereof, supervise the fumigation. ports along the Canadian border, and (w) Utilization. Processing or manu- Pacific Coast ports in the States of facture, in lieu of fumigation at time Washington and Oregon. When used in of entry, at a mill or plant specifically a geographic sense to designate areas approved by the Deputy Administrator or locations, these terms mean any of the Plant Protection and Quarantine State in which cotton is not grown Programs. 1 commercially. However when cotton is (x) Authorized. Authorized by the grown commercially in certain por- Deputy Administrator of the Plant tions of a State, as is the case in Illi- Protection and Quarantine Programs. nois, Kansas, and Missouri, these terms (y) Deputy Administrator, Plant Protec- include those portions of such State as tion and Quarantine Programs. The Dep- may be determined by the Deputy Ad- uty Administrator of the Plant Protec- ministrator of the Plant Protection tion and Quarantine Programs, or any and Quarantine Programs as remote officer or employee of the Plant Pro- from the main area of cotton produc- tection and Quarantine Programs to tion. whom authority has heretofore been (p) Approved areas of Mexico. Any delegated or may hereafter be dele- areas of Mexico, other than those de- gated to act in his stead. (z) Plant Protection and Quarantine scribed in paragraphs (q) and (r) of this Programs. The Plant Protection and section, which are designated by the Quarantine Programs, Animal and Deputy Administrator as areas in Plant Health Inspection Service, of the which cotton and cotton products are United States Department of Agri- produced and handled under conditions culture. comparable to those under which like (aa) Inspector. A properly identified cotton and cotton products are pro- employee of the U.S. Department of duced and handled in the generally in- Agriculture or other person authorized fested pink bollworm regulated area in by the Department to enforce the pro- the United States. visions of the Plant Quarantine Act. (q) West Coast of Mexico. The State of (bb) Person. Any individual, firm, cor- Sinaloa, the State of Sonora (except poration, company, society, or associa- that part of the Imperial Valley lying tion, or any organized group of any of between San Luis Mesa and the Colo- the foregoing. rado River), and the Southern Terri- (cc) Root crop. The underground crop tory of Baja California, in Mexico. portions of any plants. (r) Northwest Mexico. All of the State (dd) Pink bollworm regulated area; gen- of Baja California, Mexico, and that erally infested pink bollworm regulated part of the State of Sonora, Mexico, area. The pink bollworm regulated area lying between San Luis Mesa and the Colorado River. 1 A list of approved mills and plants may (s) Treatment. Procedures administra- be obtained from the Plant Protection and tively approved by the Deputy Admin- Quarantine Programs, Room 710, U.S. Ap- istrator of the Plant Protection and praisers Stores, 408 Atlantic Ave., Boston, Quarantine Programs for destroying Mass. 02210.
179
VerDate 20
consists of those States or parts there- (c) Applications for permits may be of designated as regulated area in Ad- made orally or on forms provided for ministrative Instructions issued under the purpose by the Plant Protection § 301.52–2 of this chapter. The generally and Quarantine Programs, or may be infested pink bollworm regulated area made by a letter or telegram contain- is that part of the regulated area des- ing all the information required by this ignated as generally infested in the section. said Administrative Instructions. (d) Upon receipt and approval of such (ee) Approved mill or plant. A mill or application by the Plant Protection plant operating under a signed agree- and Quarantine Programs, an individ- ment with the Plant Protection and ual or continuing permit will be issued Quarantine Programs required for ap- authorizing the importation and speci- proval of a mill or plant as specified in fying the port of entry and the condi- § 319.8–8(a)(2). tions of entry. A copy of the permit will be supplied to the importer. [24 FR 10788, Dec. 29, 1959, as amended at 27 (e) Upon receipt of an application to FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972] import lint, linters, waste, or covers, without treatment, for utilization CONDITIONS OF IMPORTATION AND ENTRY under agreement as defined in § 319.8– OF COTTON AND COVERS 8(a)(2), an investigation will be made by an inspector to determine that the § 319.8–2 Permit procedure. receiving mill or plant is satisfactorily (a) Except as otherwise provided for located geographically, is equipped in §§ 319.8–10 and 319.8–18, permits shall with all necessary safeguards, and is be obtained for importations into the apparently in a position to fulfill all United States of all cotton and covers. precautionary conditions to which it Permits will be issued only for cotton may agree. Upon determination by the and covers authorized entry under inspector that these qualifications are §§ 319.8–6 through 319.8–20. Persons de- fulfilled, the owner or operator of the siring to import cotton or covers under mill or plant may sign an agreement §§ 319.8–6 through 319.8–20 shall, in ad- specifying that the required pre- vance of departure of such material cautionary conditions will be main- from a foreign port, submit to the tained. Such signed agreement will be Plant Protection and Quarantine Pro- a necessary requisite to the release at grams an application 2 stating the the port of entry of any imported lint, name and address of the importer, the linters, waste, or covers for forwarding country from which such material is to to and utilization at such mill or plant be imported, and the kind of cotton or in lieu of vacuum fumigation or other covers it is desired to import. Applica- treatment otherwise required by this tions to import cottonseed shall state subpart. Permits for the importation of the approximate quantity and the pro- such materials will be issued in accord- posed United States port of entry. Ap- ance with paragraph (a) of this section. plications to import lint, linters, or (f) Permits for importation of any waste shall state whether such mate- cotton or covers are conditioned upon rials are compressed. compliance with all requirements set (b) Applications to import lint, lint- forth therein and such additional re- ers, or waste at a port 3 other than one quirements in this subpart as are in in the North, in California, or on the terms applicable thereto. Failure to Mexican Border shall also specify comply with any such requirement will whether the commodity is compressed be deemed to invalidate the permit. to high density. Permits may also be cancelled or may be refused as provided in § 319.8–3, or entry denied as provided in §§ 319.8–11, 2 Applications for permits should be made 319.8–12, and § 319.8–13. to Plant Importations Branch, Plant Protec- (g) If through no fault of the im- tion and Quarantine Programs, 209 River Street, Hoboken, N.J. 07030. porter a shipment of cotton or covers 3Including ports in Guam, Hawaii, Puerto arrives at a United States port in ad- Rico, and the Virgin Islands of the United vance of the issuance of a permit, it States. may be held, under suitable safeguards
180
VerDate 20
prescribed by the inspector at the port, grams, a notice of such arrival, on a in Customs custody at the risk of the form provided for that purpose (Form importer, pending issuance of a permit, PQ–368) and shall give such informa- for a period not exceeding 20 days. tion as is called for by that form. (h) Pending development of adequate (Approved by the Office of Management and treating facilities in Guam, any cotton Budget under control number 0579–0049) or covers that are subject to treatment as a condition of entry therein must (44 U.S.C. 35) first be entered and treated in accord- [24 FR 10788, Dec. 29, 1959, as amended at 48 ance with the requirements of this sub- FR 57466, Dec. 30, 1983] part at a U.S. port of arrival where such treating facilities are available. § 319.8–5 Marking of containers. (Approved by the Office of Management and Every bale or other container of cot- Budget under control number 0579–0049) ton lint, linters, waste, or covers im- ported or offered for entry shall be (44 U.S.C. 35) plainly marked or tagged with a bale [24 FR 10788, Dec. 29, 1959, as amended at 48 number or other mark to distinguish it FR 57466, Dec. 30, 1983] from other bales or containers of simi- lar material. Bales of lint, linters, and § 319.8–3 Refusal and cancellation of waste from approved areas of Mexico, permits. the West Coast of Mexico, or Northwest (a) Permits for entry from the West Mexico shall be tagged or otherwise Coast of Mexico, as authorized in marked to show the gin or mill of ori- § 319.8–12 of lint, linters, waste, cotton- gin unless they are immediately ex- seed, and cottonseed hulls may be re- ported. fused and existing permits cancelled by the Deputy Administrator if he has de- (Approved by the Office of Management and Budget under control number 0579–0049) termined that the pink bollworm is present in the West Coast of Mexico or (44 U.S.C. 35) in Northwest Mexico, or that other conditions exist therein that would in- [27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983] crease the hazard of pest introduction into the United States. § 319.8–6 Cottonseed cake and cotton- (b) Permits for entry from Northwest seed meal. Mexico as authorized in § 319.8–13 of Entry of cottonseed cake and cotton- lint, linters, waste, cottonseed, cotton- seed meal will be authorized through seed hulls, and covers that have been any port at which the services of an in- used for cotton, may be refused and ex- spector are available, subject to exam- isting permits cancelled by the Deputy ination by an inspector for freedom Administrator if he has determined from contamination. If found to be free that the pink bollworm is present in of contamination, importations of such Northwest Mexico or in the West Coast cottonseed cake and cottonseed meal of Mexico, or that other conditions will be released from further plant exist therein that would increase the quarantine entry restrictions. If found hazard of pest introduction into the to be contaminated such importations United States. will be refused entry or subjected as a [27 FR 5389, June 7, 1962, as amended at 36 FR condition of entry to such safeguards 24917, Dec. 24, 1971] as the inspector may prescribe, accord- ing to a method selected by him from § 319.8–4 Notice of arrival. administratively authorized procedures Immediately upon arrival at a port of known to be effective under the condi- entry of any shipment of cotton or cov- tions under which the safeguards are ers the importer shall submit in dupli- applied. cate, through the United States Collec- tor of Customs, or, in the case of § 319.8–7 Processed lint, linters, and Guam, through the Customs officer of waste. the Government of Guam, and for the Entry of lint, linters, and waste will Plant Protection and Quarantine Pro- be authorized without treatment but
181
VerDate 20
upon compliance with other applicable Plant Protection and Quarantine Pro- requirements of this subpart when the grams to move the material to another inspector can determine that such lint, mill or plant; linters, and waste have been so proc- (ii) Sanitary measures satisfactory to essed by bleaching, dyeing, or other the Plant Protection and Quarantine means, as to have removed all cotton- Programs will be taken with respect to seed or to have destroyed all insect the collection and disposal of any life. waste, residues, and covers, including the collection and disposal of refuse § 319.8–8 Lint, linters, and waste. from railroad cars, trucks, or other (a) Compressed to high density. (1) (i) carriers used in transporting the mate- Entry of lint, linters, and waste, com- rial to the mill or plant; pressed to high density, will be author- (iii) Inspectors of the Plant Protec- ized subject to vacuum fumigation by tion and Quarantine Programs will approved methods at any port where have access to the mill or plant at any approved fumigation facilities are reasonable time to observe the meth- available. ods of handling the material, the dis- (ii) Importations of such lint, linters, posal of refuse, residues, waste, and and waste, arriving at a northern port covers, and otherwise to check compli- where there are no approved fumiga- ance with the terms of the agreement; tion facilities may be entered for (iv) Such reports of the receipt and transportation in bond to another utilization of the material, and dis- northern port where such facilities are posal of waste therefrom as may be re- available, for the required vacuum fu- quired by the inspector will be submit- migation. ted to him promptly; (iii) Such lint, linters, and waste (v) Such other requirements as may compressed to high density arriving at be necessary in the opinion of the Dep- a port in the State of California where uty Administrator of the Plant Protec- there are no approved fumigation fa- tion and Quarantine Programs to as- cilities may be entered for immediate sure retention of the material, includ- transportation in bond via an all-water ing all wastes and residues, at the mill route if available, otherwise by over- or plant and its processing, utilization land transportation in van-type trucks or disposal in a manner that will elimi- or box cars after approved surface nate all pest risk, will be complied treatment, or under such other condi- with. tions as may be deemed necessary and (3) Failure to comply with any of the are prescribed by the inspector to (a) conditions of an agreement specified in any port where approved fumigation fa- paragraph (a)(2) of this section may be cilities are available, there to receive cause for immediate cancellation of the required vacuum fumigation before the agreement by the inspector and re- release, or (b) to an approved mill or fusal to release, without vacuum fumi- plant for utilization. gation, lint, linters, and waste for (2) Entry of lint, linters, and waste transportation to the mill or plant. compressed to high density, will be au- (4) Agreements specified in paragraph thorized without vacuum fumigation at (a)(2) of this section may be executed any northern port, subject to move- only with owners or operators of mills ment to an approved mill or plant, the or plants located in States in which owner or operator of which has exe- cotton is not grown commercially and cuted an agreement with the Plant at locations in such other States as Protection and Quarantine Programs may be administratively designated by to the effect that, in consideration of the Deputy Administrator of the Plant the waiving, of vacuum fumigation as a Protection and Quarantine Programs condition of entry and the substitution after due consideration of possible pest of approved utilization therefor: risk involved and the proximity of (i) The lint, linters, and waste so en- growing cotton. tered will be processed or manufac- (b) Uncompressed or compressed. (1) (i) tured at the mill or plant and until so Entry of uncompressed or compressed used will be retained thereat, unless lint, linters, and waste will be author- written authority is granted by the ized, subject to vacuum fumigation by
182
VerDate 20
approved methods, through any north- port, subject to movement to an ap- ern port, through any port in the State proved mill or plant. of California, and through any port on [24 FR 10788, Dec. 29, 1959, as amended at 27 the Mexican Border, where approved FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, fumigation facilities are available. 1971] (ii) Importations of such lint, linters, and waste arriving at a northern port § 319.8–9 Hull fiber and gin trash. where there are no approved fumiga- (a) Entry of hull fiber will be author- tion facilities may be entered for im- ized under the same conditions as are mediate transportation in bond to an- applicable to waste under this subpart. other northern port where such facili- (b) Gin trash may be imported only ties are available, for the required vac- under the provisions of § 319.8–20. uum fumigation. (iii) Compressed lint, linters, and [24 FR 10788, Dec. 29, 1959, as amended at 27 waste arriving at a port in the State of FR 5390, June 7, 1962] California where there are no approved § 319.8–10 Covers. fumigation facilities may be entered for immediate transportation in bond (a) Entry of covers (including bags, by an all-water route if available, oth- slit bags, and parts of bags) which have erwise by overland transportation in been used as containers for cotton van-type trucks or box cars after ap- grown or processed in countries other proved surface treatment, or under than the United States may be author- such other conditions as may be ized either (1) through a Mexican bor- deemed necessary and are prescribed by der port named in the permit for vacu- the inspector, to any port in California um fumigation by an approved method or any northern port where approved in that part of the United States with- fumigation facilities are available, in the generally infested pink there to receive the required vacuum bollworm regulated area; or (2) through fumigation before release, or to any a northern port or a port in the State northern port for movement to an ap- of California subject to vacuum fumi- proved mill or plant for utilization. gation by an approved method or with- out vacuum fumigation when the cov- (iv) Uncompressed lint, linters, and ers are to be moved to an approved mill waste arriving at a port in the State of or plant for utilization. When such cov- California where there are no approved ers are forwarded from a northern port fumigation facilities may be entered to a mill or plant in California for uti- for immediate transportation in bond lization, or from a California port to by an all-water route to any port in another California or northern port for California or any northern port where vacuum fumigation thereat or for approved fumigation facilities are movement to a mill or plant for utili- available, there to receive the required zation such movement shall be made vacuum fumigation before release, or by an all-water route unless the bales to a northern port for movement to an are compressed to a density of 20 approved mill or plant for utilization. pounds or more per cubic foot in which (2) Entry without vacuum fumigation case the bales may be moved overland will be authorized for compressed lint, in van-type trucks or box cars if all- linters, and waste, and for water transportation is not available. uncompressed waste derived from cot- Such overland movement may be made ton milled in countries that do not only after approved surface treatment 4 arriving at a northern produce cotton, or under such other conditions as may be deemed necessary and are prescribed 4For the purposes of this subpart the fol- by the inspector. When such covers ar- lowing countries are considered to be those rive at a port other than a northern, in which cotton is not produced: Austria, California, or Mexican border port they Belgium, Canada, Denmark, Republic of Ire- will be required to be transported land (Eire), Finland, France, Germany (both East and West), Great Britain and Northern therefrom immediately in bond by an Ireland (United Kingdom), Iceland, Liech- all-water route to a northern or Cali- tenstein, Luxembourg, Netherlands, Norway, fornia port where approved vacuum fu- Portugal, Sweden, and Switzerland. migation facilities are available for
183
VerDate 20
vacuum fumigation thereat by an ap- intended for reuse in this country as proved method or for forwarding there- grain containers may be authorized from to an approved mill or plant for entry, subject to immediate treatment utilization. at the port of arrival. If such covers are (b) American cotton bagging, com- not intended to be reused in this coun- monly known as coarse gunny, which try as grain containers their entry may has been used to cover only cotton be authorized subject to movement for grown or processed in the United utilization to an approved mill or plant States, may be authorized entry at any the owner or operator of which has exe- port under permit and upon compliance cuted an appropriate agreement with with §§ 319.8–4 and 319.8–5, without fu- the Plant Protection and Quarantine migation or other treatment. Marking Programs similar to that described in patches of the finer burlaps or other § 319.8–8(a)(2). Covers coming within fabrics when attached to bales of such this paragraph only, may be entered bagging may be disregarded if, in the without permit other than the author- judgment of the inspector, they do not ization provided in this paragraph and present a risk of carrying live pink without other restriction under this bollworms, golden nematode cysts or subpart upon presentation to an in- flag smut spores. spector of satisfactory evidence that (c) Bags, slit bags, parts of bags, and they have been used only for grains ex- other covers which have been used as ported from the United States and are containers for root crops or are of a being returned empty without use kind ordinarily used as containers for abroad and that while abroad they root crops may be authorized entry have been handled in a manner to pre- subject to immediate treatment in vent their contamination. such manner and according to such (e) When upon arrival at a port of method as the inspector may select entry any shipment of bags, slit bags, from administratively authorized pro- parts of bags, or other covers, is found cedures known to be effective under to include one or more bales containing the conditions under which the treat- material the importation of which is ment is applied, and subject to any ad- regulated by paragraph (a), (c), or (d) of ditional safeguard measures that may this section, the entire shipment, or be prescribed by the inspector pursuant any portion thereof, may be required to § 319.8–24, or that he may prescribe in by the inspector to be treated as speci- regard to the manner of discharge from fied in the applicable paragraph. the carrier and conveyance to the place (f) If upon their arrival at a port of of treatment: Provided, That such cov- entry covers are classified by the in- ers may be authorized entry from Can- spector as coming within more than ada without treatment as prescribed in one paragraph of this section, they will this paragraph unless the covers are be authorized entry only upon compli- found to be contaminated. ance with such requirements of the ap- (d) Bags, slit bags, parts of bags, and plicable paragraphs as the inspector other covers that have been used as may deem necessary to prevent the in- containers for wheat or wheat products troduction of plant diseases and insect that have not been so processed as to pests. have destroyed all flag smut disease (g) Notwithstanding the provisions of spores, or that have been used as con- any other paragraph of this section the tainers for field seeds separated from entry from any country of bags, slit wheat during the process of screening, bags, parts of bags, and other covers and which arrive from a country named will be authorized without treatment in § 319.59 (notice of quarantine No. 59 but upon compliance with other appli- relating to the flag smut disease), 5 if cable sections of this subpart if the in- spector finds that they have obviously 5 The countries named in § 319.59, the Flag not been used in a manner that would Smut Disease Quarantine, are Aden Protec- torate, Afghanistan, Australia, Bulgaria, Caucasus (including but not limited to Oman, Pakistan, Palestine, Portugal, Saudi Azerbaidzhan, South Russia, and Arabia, Sinai Peninsula, Spain, Syria, Trans- Transcaucasia), Chile, China, Cyprus, Egypt, Jordan, Tunisia, Turkestan, Turkey, Union Greece, India, Iran, Iraq, Israel, Italy, Japan, of South Africa, and Yemen.
184
VerDate 20
contaminate them or when in the in- and shall become subject immediately spector’s opinion there is otherwise no to the requirements in § 301.52 of this plant pest risk associated with their chapter. entry. § 319.8–12 From the West Coast of Mex- [24 FR 10788, Dec. 29, 1959, as amended at 27 ico. FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971] Contingent upon continued freedom of the West Coast of Mexico and of SPECIAL CONDITIONS FOR THE ENTRY OF Northwest Mexico from infestations of COTTON AND COVERS FROM MEXICO the pink bollworm, entry of the follow- ing products may be authorized under SOURCE: Sections 319.8–11 through 319.8–14 permit subject to inspection to deter- appear at 27 FR 5309, June 7, 1962, unless oth- mine freedom from hazardous plant erwise noted. pest conditions: (a) Compressed lint and linters. § 319.8–11 From approved areas of (b) Uncompressed lint and linters for Mexico. movement into the generally infested (a) Entry of lint, linters, and waste pink bollworm regulated area, move- (including gin and oil mill wastes) ment thereafter to be in accordance which were derived from cotton grown with § 301.52 of this chapter. in, and which were produced and han- (c) Compressed or uncompressed cot- dled only in approved areas of Mexico 6 ton waste for movement under bond to may be authorized through Mexican Fabens, Texas, for vacuum fumigation Border ports in Texas named in the after which it will be released from fur- permits ther plant quarantine entry require- (1) For movement into the generally ments. infested pink bollworm regulated area (d) Cottonseed when certified by an such products becoming subject imme- inspector as having been treated, diately upon release by the inspector stored, and transported in a manner to the requirements, in § 301.52 of this satisfactory to the Deputy Adminis- chapter, applicable to like products trator. originating in the pink bollworm regu- (e) Untreated, non-certified cotton- lated area, or seed contained in new bags for move- (2) For movement to an approved ment by special manifest to any des- mill or plant for utilization, or tination in the generally infested pink (3) For movement to New Orleans for bollworm regulated area, movement immediate vacuum fumigation. thereafter to be in accordance with (b) Entry of cottonseed or cottonseed § 301.52 of this chapter. hulls in bulk, or in covers that are new (f) Cottonseed hulls when certified by or which have not been used previously an inspector as having been treated, to contain cotton or unmanufactured stored, and transported in a manner cotton products, may be authorized satisfactory to the Deputy Adminis- through Mexican Border ports in Texas trator. named in the permits, for movement (g) Any cotton products for move- into the generally infested pink ment through Mexican border ports in bollworm regulated area when certified Texas directly into the generally in- by an inspector as having been pro- fested pink bollworm regulated area, duced in an approved area and handled movement thereafter to be in accord- subsequently in a manner satisfactory ance with § 301.52 of this chapter. to the inspector. Upon arrival in the generally infested pink bollworm regu- [27 FR 5309, June 7, 1962, as amended at 36 FR lated area such cottonseed or cotton- 24917, Dec. 24, 1971] seed hulls will be released from further § 319.8–13 From Northwest Mexico. plant quarantine entry requirements Contingent upon continued freedom of Northwest Mexico and of the West 6 See § 319.8–1(p) for definition of ‘‘Approved areas of Mexico.’’ These are within that part Coast of Mexico from infestations of of Mexico not included in the ‘‘West Coast of the pink bollworm and other plant pest Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ conditions that would increase risk of (§ 319.8–1(r)). pest introduction into the United
185
VerDate 20
States with importations authorized §§ 352.1 through 352.8 of this chapter, as under this section, entry of the follow- amended. ing products may be authorized under (b) Importation at northern ports of permit subject to inspection upon ar- unfumigated lint, linters, waste, cot- rival to determine freedom from haz- tonseed cake, cottonseed meal and cov- ardous plant pest conditions: ers used only for cotton, for expor- (a) Lint, linters, and waste. tation or for transportation and expor- (b) Cottonseed. tation through another northern port, (c) Cottonseed hulls. may be authorized by the inspector (d) Covers that have been used for under permit if, in his judgment, such cotton only. procedures can be authorized without risk of introducing the pink bollworm. § 319.8–14 Mexican cotton and covers (c) Entry under permit of lint, lint- not otherwise enterable. ers, or waste compressed to high den- Mexican cotton and covers not sity will be authorized for purposes of enterable under § 319.8–11, § 319.8–12, or storage in the north pending expor- tation, fumigation, or utilization in an § 319.8–13 may be entered in accordance approved mill or plant provided the with §§ 319.8–6 through 319.8–10 and owner or operator of such proposed §§ 319.8–16 through 319.8–20 insofar as storage place has executed an agree- said sections are applicable. ment with the Plant Protection and MISCELLANEOUS PROVISIONS Quarantine Programs similar to those required for mills or plants to utilize § 319.8–16 Importation into United lint, linters, and waste as specified in States of cotton and covers ex- § 319.8–8(a)(2), and provided further that ported therefrom. (1) Inspectors are available to super- (a) Cotton and covers grown, pro- vise the storage, duced, or handled in the United States (2) The bales of material to be stored and exported therefrom, and in the are free from surface contamination, original bales or other containers in (3) The material is kept segregated which such material was exported from other cotton and covers in a man- therefrom, may be imported into the ner satisfactory to the inspector, and United States at any port under per- (4) The waste is collected and dis- mit, without vacuum fumigation or posed of in a manner satisfactory to other treatment or restriction as to the inspector. utilization, upon compliance with (d) Except as provided in § 319.8– §§ 319.8–2, 319.8–4, and § 319.8–5, and upon 23(a)(4), compressed lint, linters, and the submission of evidence satisfactory waste, uncompressed waste derived to the inspector that such material was from cotton milled in a non-cotton- 7 grown, produced, or handled in the producing country, and covers, arriv- United States and does not constitute ing at a port in the north for entry for a risk of introducing the pink exportation, vacuum fumigation, or bollworm into the United States. utilization in accordance with the re- (b) Cotton and covers of foreign ori- quirements in this subpart, may be al- gin imported into the United States in lowed movement in Customs custody accordance with this subpart and ex- for storage at a point in the north ported therefrom, when in the original pending such exportation, or move- bales or other original containers, may ment to an approved mill or plant for be reimported into the United States vacuum fumigation or utilization, under the conditions specified in para- when there are inspectors available to graph (a) of this section. supervise such storage, if the bales are
§ 319.8–17 Importation for exportation, 7 For the purposes of this subpart the fol- and importation for transportation lowing countries are considered as non-cot- and exportation; storage. ton-producing countries: Austria, Belgium, Canada, Denmark, Eire, Finland, France, (a) Importation of cotton and covers Germany, Great Britain (United Kingdom), for exportation, or for transportation Iceland, Liechtenstein, Luxembourg, Nether- and exportation, in accordance with lands, Norway, Portugal, Sweden and Swit- this subpart shall also be subject to zerland.
186
VerDate 20
free of surface contamination, if they ditions and requirements provided in are kept segregated from other cotton §§ 319.8–2, 319.8–4, and 319.8–19. and covers in a manner satisfactory to (c) Bales or other containers of cot- the inspector, and if waste is collected ton shall not be broken or opened for and disposed of in a manner satisfac- sampling and samples shall not be tory to the inspector. Such lint, lint- drawn until the inspector has so au- ers, waste, and covers shall remain thorized and has prescribed the condi- under Customs custody until released tions and safeguards under which such by the inspector. samples shall be obtained. (e) Importation of lint, linters, and waste from Mexico for transportation § 319.8–19 Cottonseed or seed cotton and exportation will be authorized for experimental or scientific pur- under permit if such material is com- poses. pressed before, or immediately upon Entry of small quantities of cotton- entering into the United States, or is seed or seed cotton for experimental or compressed while en route to the port scientific purposes may be authorized of export at a compress specifically au- through such ports as may be named in thorized in the permit. The ports of ex- the permit, and shall be subject to such port which may be named in the permit special conditions as shall be set forth shall be limited to those that have in the permit to provide adequate safe- been administratively approved for guards against pest entry. such exportation. Storage of such com- pressed cotton may be authorized, in § 319.8–20 Importations by the Depart- approved bonded warehouses in Texas. ment of Agriculture. (f) Entry of uncompressed lint, lint- Cotton and covers may be imported ers, and waste from Mexico may be au- by the Department of Agriculture for thorized at ports named in the permit experimental or scientific purposes for exportation at ports within the gen- under such conditions as may be pre- erally infested pink bollworm regu- scribed by the Deputy Administrator of lated area or for transportation and ex- the Plant Protection and Quarantine portation via rail to Canada under such Programs, which conditions may in- conditions and over such routes as may clude clearance through the New Crops be specified in the permit. Research Branch of the Plant Science [24 FR 10788, Dec. 29, 1959, as amended at 27 Research Division, Agricultural Re- FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, search Services. 1971] § 319.8–21 Release of cotton and covers § 319.8–18 Samples. after 18 months’ storage. (a) Samples of lint, linters, waste, Cotton and covers, the entry of which cottonseed cake, and cottonseed meal has been authorized subject to vacuum may be entered without further permit fumigation or other treatment because other than the authorization contained of the pink bollworm only, and which in this section, but subject to inspec- have not received such treatment but tion and such treatment as the inspec- have been stored for a period of 18 tor may deem necessary. Samples months or more will be released from which represent either such products of further plant quarantine entry restric- United States origin or such products tions. imported into the United States in ac- cordance with the requirements of this § 319.8–22 Ports of entry or export. subpart, and which were exported from When ports of entry or export are not the United States, may be entered into specifically designated in this subpart the United States without inspection but are left to the judgment of the in- when the inspector is satisfied as to spector, the inspector shall designate the identity of the samples. only such ports as have been adminis- (b) Samples of cottonseed or seed cot- tratively approved for such entry or ex- ton may be entered subject to the con- port.
187
VerDate 20
§ 319.8–23 Treatment. occur, the importer or his agent shall (a)(1) Vacuum fumigation as required collect and dispose of such waste in a in this subpart shall consist of fumiga- manner satisfactory to the inspector. tion, in a vacuum fumigation plant ap- (b) If, in the judgment of an inspec- proved by the Deputy Administrator of tor, it is necessary as a safeguard the Plant Protection and Quarantine against risk of pest dispersal to clean Programs, under the supervision of an railway cars, lighters, trucks, and inspector and to his satisfaction. Con- other vehicles and vessels used for tinued approval of the plant will be transporting such cotton or covers, or contingent upon the granting by the to clean piers, warehouses, fumigation operator thereof, to the inspector, of plants, mills, or other premises used in access to all parts of the plant at all connection with importation of such reasonable hours for the purpose of su- cotton or covers, the importer or his pervising sanitary and other operating agent shall perform such cleaning, in a conditions, checking the efficacy of the manner satisfactory to the inspector. apparatus and chemical operations, (c) All costs incident to such collec- and determining that wastage has been tion, disposal, and cleaning other than cleaned up and disposed of in a manner the services of the inspector during his satisfactory to the inspector; and upon regular tour of duty and at the usual the maintenance at the plant of condi- place of duty, shall be borne by the im- tions satisfactory to the inspector. porter or his agent. (2) After cotton and covers have been § 319.8–25 Costs and charges. vacuum fumigated they shall be so marked under the supervision of an in- The services of the inspector during spector. Such material may thereafter regularly assigned hours of duty and at be distributed, forwarded, or shipped the usual places of duty shall be fur- without further plant quarantine entry nished without cost to the importer. restriction. The Plant Protection and Quarantine (3) Cotton and covers held by an im- Programs will not assume responsibil- porter for vacuum fumigation must be ity for any costs or charges, other than stored under conditions satisfactory to those indicated in this section, in con- the inspector. nection with the entry, inspection, (4) Prompt vacuum fumigation of treatment, conditioning, storage, for- cotton and covers (other than high den- warding, or any other operation of any sity cotton free of surface contamina- character incidental to the physical tion) will be required at non-northern entry of an importation of a restricted ports. Similar prompt vacuum fumiga- material. tion will be required at Norfolk, Vir- ginia, during the period June 15 to Oc- § 319.8–26 Material refused entry. tober 15 of each year, except for covers Any material refused entry for non- which have been used to contain only compliance with the requirements of lint, linters, or waste, and the bales of this subpart shall be promptly removed which are compressed to a density of 28 from the United States or abandoned or more pounds per cubic foot and are by the importer for destruction, and free of surface contamination. pending such action shall be subject to (b) An inspector may authorize the the immediate application of such safe- substitution of processing, utilization, guards against escape of plant pests as or other form of treatment for vacuum the inspector may prescribe. If such fumigation when in his opinion such material is not promptly safeguarded other treatment, selected by him from by the importer, removed from the administratively authorized proce- United States, or abandoned for de- dures, will be effective in eliminating struction to the satisfaction of the in- infestation of the pink bollworm. spector it may be seized, destroyed, or otherwise disposed of in accordance § 319.8–24 Collection and disposal of with section 10 of the Plant Quarantine waste. Act (7 U.S.C. 164a). Neither the Depart- (a) Importers shall handle imported, ment of Agriculture nor the inspector unfumigated cotton and covers in a will be responsible for any costs accru- manner to avoid waste. If waste does ing for demurrage, shipping charges,
188
VerDate 20
cartage, labor, chemicals, or other ex- section, whereupon such modification penses incidental to the safeguarding shall become effective. or disposal of material refused entry by (b) As used in this subpart, unless the the inspector, nor will the Department context otherwise requires, the term of Agriculture or the inspector assume ‘‘United States’’ means the States, the responsibility for the value of material District of Columbia, Guam, Puerto destroyed. Rico, and the Virgin Islands of the United States. § 319.8–27 Applicability of Mexican Border Regulations. § 319.15a Administrative instructions The provisions in this subpart in no and interpretation relating to entry way affect the applicability of part 320 into Guam of bagasse and related of this chapter, as amended, the Mexi- sugarcane products. can Border Regulations, to the entry Bagasse and related sugarcane prod- from Mexico of railway cars or other ucts have been so processed that, in the vehicles or materials. judgment of the Department, their im- portation into Guam will involve no EFFECTIVE DATE NOTE: At 62 FR 65009, Dec. 10, 1997, § 319.8–27 was removed, effective Jan. pest risk, and they may be imported 9, 1998. into Guam without further permit, other than the authorization contained in this paragraph. Such importations Subpart—Sugarcane may be made without the submission of a notice of arrival inasmuch as there § 319.15 Notice of quarantine. is available to the inspector the essen- (a) On and after October 1, 1934, under tial information normally supplied by authority conferred by the Plant Quar- the importer at the time of importa- antine Act approved August 20, 1912 (37 tion. Inspection of such importations Stat. 315; 7 U.S.C. 151–167), as amended, may be made under the general author- the importation into the United States ity of § 330.105(a) of this chapter. If an of canes of sugarcane, or cuttings or importation is found infected, infested, parts thereof, sugarcane leaves, the ba- or contaminated with any plant pest gasse, from all foreign countries and and is not subject to disposal under localities, is prohibited: Provided, That this part, disposition may be made in this prohibition shall not apply to im- accordance with § 330.106 of this chap- portations by the U.S. Department of ter. Agriculture for scientific or experi- mental purposes, nor to importations of specific materials which the Depart- Subpart—Citrus Canker and Other ment may authorize under permit on Citrus Diseases condition that they have been or are to § 319.19 Notice of quarantine. be so treated, processed, or manufac- tured that, in the judgment of the De- (a) In order to prevent the introduc- partment, their entry will involve no tion into the United States of the cit- pest risk: Provided further, That when- rus canker disease (Xanthomonas citri ever the Deputy Administrator of the (Hasse) Dowson) and other citrus dis- Plant Protection and Quarantine Pro- eases, the importation into the United grams shall find that existing condi- States of plants or any plant part, ex- tions as to pest risk involved in the im- cept fruit and seeds, of all genera, spe- portation of bagasse and related sugar- cies, and varieties of the subfamilies cane products into Guam, make it safe Aurantioideae, Rutoideae, and to modify by making less stringent the Toddalioideae of the botanical family restrictions of this section with respect Rutaceae is prohibited, except as pro- to such importation, he shall publish vided in paragraphs (b), (c), and (d) of such finding in administrative instruc- this section. tions, specifying the manner in which (b) Plants or plant parts of all gen- the restrictions shall be made less era, species, and varieties of the sub- stringent and imposing such conditions families Aurantioideae, Rutoideae, and on such importation as he deems nec- Toddalioideae of the botanical family essary to carry out the purposes of this Rutaceae may be imported into the
189
VerDate 09
United States for experimental or sci- of section 7 of the act of Congress ap- entific purposes in accordance with proved August 20, 1912, known as the conditions prescribed by the Adminis- ‘‘Plant Quarantine Act’’ (37 Stat. 317; 7 trator, Animal and Plant Health In- U.S.C. 160), the importation into the spection Service, United States Depart- United States, in the raw or unmanu- ment of Agriculture. factured state, from southeastern Asia (c) Plants or plant parts of all gen- (including India, Siam Indo-China and era, species, and varieties of the sub- China), Malayan Archipelago, Aus- families Aurantioideae, Rutoideae, and tralia, New Zealand, Oceania, Phil- Toddalioideae of the botanical family ippine Islands, Formosa, Manchuria, Rutaceae may be imported into Guam Japan, and adjacent islands, of seed in accordance with § 319.37–6. and all other portions of Indian corn or (d) Plants or plant parts of all gen- maize (Zea mays L.), and the closely era, species, and varieties of the sub- related plants, including all species of families Aurantioideae, Rutoideae, and Teosinte (Euchlaena), jobs-tears (Coix), Toddalioideae of the botanical family Polytoca, Chionachne, and Sclerachne, Rutaceae that are regulated articles except for experimental or scientific under §§ 319.40–1 through 319.40–11 may purposes by the Department of Agri- be imported into the United States in culture, except as provided in the regu- accordance with §§ 319.40–1 through lations supplemental hereto, is prohib- 319.40–11 and without restriction by ited: Provided, That whenever the Dep- this subpart. uty Administrator of the Plant Protec- (e) As used in this section unless the tion and Quarantine Programs shall context otherwise requires, the term ‘‘United States’’ means the continental find that existing conditions as to pest United States, Guam, Hawaii, Puerto risk involved in the importation of the Rico, and the Virgin Islands of the articles to which the regulations sup- United States. plemental thereto apply, make it safe to modify, by making less stringent, [24 FR 10788, Dec. 29, 1959, as amended at 60 the restrictions contained in any of FR 27674, May 25, 1995] such regulations, he shall publish such findings in administrative instructions, Subpart—Corn Diseases specifying the manner in which the regulations shall be made less strin- QUARANTINE gent, whereupon such modification § 319.24 Notice of quarantine. shall become effective; or he may, when the public interests will permit, (a) The fact has been determined by with respect to the importation of such the Secretary of Agriculture, and no- articles into Guam, upon request in tice is hereby given, that maize or In- specific cases, authorize such importa- dian corn (Zea mays L.) and closely re- tion under conditions, specified in the lated plants are subject to certain inju- permit to carry out the purposes of rious diseases, especially Peronospora this subpart, that are less stringent maydis Raciborski, Sclerospora than those contained in the regula- sacchari Miyake and other downy mil- tions. dews; also the Physoderma diseases of (c) As used in this subpart, unless the maize, Physoderma zeae-maydis Shaw, context otherwise requires, the term and Physoderma maydis Miyake, new ‘‘United States’’ means the States, the to and not heretofore widely prevalent District of Columbia, Guam, Puerto or distributed within and throughout Rico, and the Virgin Islands of the the United States, and that these dis- United States. eases occur in southeastern Asia (in- cluding India, Siam, Indo-China and (d) Seed of Indian corn or maize (Zea China), Malayan Archipelago, Aus- mays L.) that is free from the cob and tralia, Oceania, Philippine Islands, from all other parts of corn may be im- Formosa, Japan, and adjacent islands. ported into the United States from (b) Except as provided for in para- New Zealand without further restric- graph (d) of this section for corn seed tion. from New Zealand, on and after July 1, [24 FR 10788, Dec. 29, 1959, as amended at 58 1916, and until further notice, by virtue FR 44745, Aug. 25, 1993]
190
VerDate 20
§ 319.24a Administrative instructions plication therefor does not correctly relating to entry of corn into Guam. give the locality where the corn was Corn may be imported into Guam grown, or is false or deceptive in any without further permit, other than the material particular. authorization contained in this section but subject to compliance with § 319.24– § 319.24–3 Marking as condition of entry. 3. Such imports need not comply with the notice of arrival requirements of Every bag or other container of corn § 319.24–4 inasmuch as information offered for entry shall be plainly equivalent to that in a notice of arrival marked with such numbers or marks as is available to the inspector from an- will make it easily possible to associ- other source. Section 319.24–5 shall not ate the bags or containers with a par- be applicable to importations of corn ticular importation. into Guam. Such importations shall be (Approved by the Office of Management and subject to inspection at the port of Budget under control number 0579–0049) entry. Corn found upon inspection to contain disease infection will be sub- (44 U.S.C. 35) ject to sterilization in accordance with [24 FR 10788, Dec. 29, 1959, as amended at 48 methods selected by the inspector from FR 57466, Dec. 30, 1983] administratively authorized procedures known to be effective under the condi- § 319.24–4 Notice of arrival of corn by tions in which applied. permittee.
REGULATIONS GOVERNING ENTRY OF Immediately upon the arrival of the INDIAN CORN OR MAIZE corn at the port of entry the permittee shall submit, in duplicate, notice to § 319.24–1 Applications for permits for the Plant Protection and Quarantine importation of corn. Programs, through the United States Persons contemplating the importa- Collector of Customs, or, in the case of tion of corn into the United States Guam, through the Customs officer of shall, before shipping the corn, make the Government of Guam, on forms application for a permit, on forms pro- provided for that purpose, stating the vided for that purpose, to the Deputy number of the permit, the number of Administrator of the Plant Protection bags or other containers of corn in- and Quarantine Programs, Department cluded in the shipment, the bag or of Agriculture, Washington, DC, stat- other container numbers or marks, the ing the name and address of the ex- country and locality where the corn porter, the country and locality where was grown, the name and address of the grown, the port of departure, the pro- exporter or foreign shipper, the port of posed port of entry, and the name and departure, the date of arrival, the address of the importer or of the name of the ship or vessel, and the des- broker in the United States to whom ignation of the dock where the corn is the permit should be sent. to be landed. (Approved by the Office of Management and (Approved by the Office of Management and Budget under control number 0579–0049) Budget under control number 0579–0049)
(44 U.S.C. 35) (44 U.S.C. 35) [24 FR 10788, Dec. 29, 1959, as amended at 48 [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] FR 57466, Dec. 30, 1983]
§ 319.24–2 Issuance of permits. § 319.24–5 Condition of entry. (a) Upon receipt of an application and The corn shall not be removed from upon approval by an inspector a permit the port of entry, nor shall any bag or will be issued specifying the conditions other container thereof be broken or of entry and the port of entry to carry opened, except for the purpose of steri- out the purposes of this subpart, and a lization, until a written notice is given copy will be supplied to the importer. to the United States Collector of Cus- (b) Further permits may be refused toms, or, in the case of Guam, the Cus- and existing permits revoked, if the ap- toms officer of the Government of
191
VerDate 20
Guam, by an inspector of the Plant Tasmania), Japan and adjacent islands, Protection and Quarantine Programs, the Republic of Korea, Formosa, Mau- that the corn has been properly steri- ritius, Seychelles, Brazil, and Para- lized and released for entry without guay is prohibited; (2) that in order to further restrictions so far as the juris- prevent the introduction into the diction of the Department of Agri- United States of sweet orange scab culture extends thereto. All apparatus (Elsinoe australis Bitanc. and Jenkins) and methods for accomplishing such the importation into the United States sterilization must be satisfactory to of fruits and peel of all species and va- the Plant Protection and Quarantine rieties of the genus Citrus, including Programs. Corn will be delivered to the among others Citrus aurantifolia permittee for sterilization, upon the (Christm.) Swingle, C. aurantium L., C. filing with the appropriate customs of- hystrix DC., C. limon (L.) Burm. f., C. ficial of a bond in the amount of $5,000, paradisi Macf., C. reticulata Blanco, and or in an amount equal to the invoice C. sinensis (L.) Osbeck; and Fortunella value of the corn if such value is less margarita (Lour.) Swingle, from Argen- than $5,000, with approved sureties, and tina, Brazil, Paraguay, and Uruguay, is conditioned upon sterilization of the prohibited; and (3) that in order to pre- corn under the supervision and the sat- vent the introduction into the United isfaction of an inspector of the Plant States of the bacterial disease known Protection and Quarantine Programs; as ‘‘Cancrosis B’’ the importation into and upon the redelivery of the corn to the United States of fruits and peel of said customs official within 40 days all species and varieties of the genus from the arrival of the corn at the port Citrus, including among others Citrus of entry. aurantifolia (Christm.) Swingle, C. aurantium L., C. limon (L.) Burm. f., C. Subpart—Citrus Fruit medica L., and C. sinensis (L.) Osbeck, from Argentina, Paraguay, and Uru- guay, is prohibited: Provided, That NOTE: Citrus nursery stock, except seeds, is prohibited entry from all foreign countries seeds and processed peel of fruits des- and localities by the citrus nursery stock ignated herein are excluded from the quarantine No. 19 (§ 319.19). provisions of this quarantine. Such The importation from all foreign countries seeds, however, are subject to the re- of fruits of citrus and citrus relatives, other quirements of the Nursery Stock, than those specified in this subpart, is re- Plant and Seed Quarantine No. 37 stricted by the provisions of fruit and vege- (§§ 319.37 to 319.37–27). table quarantine No. 56 (§§ 319.56 to 319.56–8). (b) The prohibition does not apply to Unshu oranges (Citrus reticulata Blanco § 319.28 Notice of quarantine. var. unshu, Swingle [Citrus unshiu (a) Under the authority conferred by Marcovitch, Tanaka]), also known as sections 5, 7, and 9 of the Plant Quar- Satsuma, grown in Japan or on Cheju antine Act of 1912 (7 U.S.C. 159, 160, Island, Republic of Korea, and im- 162), and having held the public hearing ported under permit into any area of required thereunder, the Secretary of the United States except for American Agriculture does hereby declare, (1) Samoa, Arizona, California, Florida, that in order to prevent the introduc- Louisiana, the Northern Mariana Is- tion into the United States of the cit- lands, Puerto Rico, Texas, and the Vir- rus canker disease Xanthomonas gin Islands of the United States: Pro- campestris pv. citri (Hasse) Dye the im- vided, that each of the following safe- portation into the United States of all guards is fully carried out: fruits and peel of all genera, species, (1) The Unshu oranges must be grown and varieties of the subfamilies and packed in isolated, canker-free ex- Aurantioideae, Rutoideae, and port areas established by the plant pro- Toddalioideae of the botanical family tection service of the country of origin. Rutaceae from eastern and southeast- Only Unshu orange trees may be grown ern Asia (including India, Burma, Cey- in these areas, which must be kept free lon, Thailand, Indochina, and China), of all citrus other than the propagative the Malay Archipelago, the Philippine material of Unshu oranges. The export Islands, Oceania (except Australia and areas must be inspected and found free
192
VerDate 20
of citrus canker and prohibited plant lands, Puerto Rico, Texas, and the Vir- material by qualified plant protection gin Islands of the United States. officers of both Japan and the United (c) This prohibition shall not apply States. The export areas must be sur- to importations for experimental or rounded by 400-meter-wide buffer zones. scientific purposes by the U.S. Depart- The buffer zones must be kept free of ment of Agriculture upon such condi- all citrus other than the following 10 tions and under such requirements as varieties: Buntan Hirado (Citrus may be prescribed in permits that may grandis); Buntan Vietnam (C. grandis); be issued by the Deputy Administrator Hassaku (C. hassaku); Hyuganatsu (C. of the Plant Protection and Quarantine tamurana); Kinkan (Fortunella spp. non Programs for such importations. Fortunella hindsii); Kiyomi tangor (hy- (d) Further, this prohibition shall not brid); Orange Hyuga (C. tamurana); apply to importations into Guam of the Ponkan (C. reticulata); Unshu (C. fruits and peel designated in paragraph unshiu Marcovitch, Tanaka [Citrus (a)(1) of this section. reticulata Blanco var. unshu, Swingle]); (e) Importations allowed in para- and Yuzu (C. junos). The buffer zones graphs (b), (c), and (d) of this section must be inspected and found free of cit- shall be subject to the permit and rus canker and prohibited plant mate- other requirements under the Fruits rial by qualified plant protection offi- and Vegetables Quarantine (§ 319.56). cers of both Japan and the United (f) All salary, travel, and subsistence States. expenses incident to the assignment of (2) Inspection of the Unshu oranges personnel of the U.S. Department of shall be performed jointly by plant pro- Agriculture to such operations in the tection officers of the country of origin country of origin of the Unshu oranges and the United States in the groves shall be paid by those requesting the prior to and during harvest, and in the service of such personnel. packinghouses during packing oper- (g) The term United States means the ations. States, District of Columbia, American (3) Before packing, such oranges shall Samoa, Guam, the Northern Mariana be given a surface sterilization as pre- Islands, Puerto Rico, and the Virgin Is- scribed by the U.S. Department of Ag- lands of the United States. riculture. (h) Any permit that has been issued (4) The identity of the fruit shall be for the importation of Unshu oranges maintained in the following manner: may be withdrawn by an inspector (i) On its tissue paper wrapping, and orally or in writing, if he or she deter- on the individual box in which such or- mines that the holder of the permit has anges are shipped, there is to be not complied with any of the condi- stamped or printed a statement speci- tions in the regulations. The holder of fying the States into which the Unshu the permit shall be informed orally or oranges may be imported, and from in writing of the reasons for the with- which they are prohibited removal drawal. If the withdrawal is oral, the under a Federal plant quarantine. decision and the reasons for the with- (ii) Each shipment of oranges handled drawal will be confirmed in writing as in accordance with these procedures promptly as circumstances allow. Any shall be accompanied by a certificate person whose permit has been with- of the plant protection service of the drawn may appeal the decision in writ- country of origin certifying that the ing to the Deputy Administrator with- fruit is apparently free of citrus canker in ten (10) days after receiving the disease. written notification of the withdrawal. (5) [Reserved] The appeal must state all of the facts (6) The Unshu oranges may be im- and reasons upon which the person re- ported into the United States only lies to show that the permit was through a port of entry listed in wrongfully withdrawn. As promptly as § 319.37–14 of this part, except that the circumstances allow, the Deputy Ad- importation is prohibited through ministrator will grant or deny the ap- ports of entry located in American peal, in writing, stating the reasons for Samoa, Arizona, California, Florida, the decision. A hearing will be held to Louisiana, the Northern Mariana Is- resolve any conflict as to any material
193
VerDate 20
fact. Rules of practice concerning a Subpart—Nursery Stock, Plants, hearing will be adopted by the Deputy Roots, Bulbs, Seeds, and Other Administrator. Plant Products 1, 2 (i) The term inspector means any em- ployee of Plant Protection and Quar- SOURCE: 45 FR 31585, May 13, 1980, as antine, Animal and Plant Health In- amended at 60 FR 27674, May 25, 1995. spection Service, who is authorized by the Deputy Administrator to enforce § 319.37 Prohibitions and restrictions the regulations in this subpart. on importation; disposal of articles refused importation. [32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; (a) No person shall import or offer for 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, entry into the United States any pro- 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, hibited article, except as otherwise Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR provided in § 319.37–2(c) of this subpart. 39103, 39104, Aug. 1, 1995] No person shall import or offer for entry into the United States any re- Subpart—Bamboo Capable of stricted article except in accordance with this subpart. Propagation (b) The importer of any article denied entry for noncompliance with this sub- § 319.34 Notice of quarantine. part must, at the importer’s expense (a) In order to prevent the introduc- and within the time specified in an tion into the United States of dan- emergency action notification (PPQ gerous plant diseases, including bam- Form 523), destroy, ship to a point out- boo smut (Ustilago shiraiana), the im- side the United States, or apply treat- portation into the United States of any ments or other safeguards to the arti- variety of bamboo seed, bamboo plants, cle, as prescribed by an inspector to or bamboo cuttings capable of propaga- prevent the introduction into the tion,1 including all genera and species United States of plant pests. In choos- of Bambuseae, is prohibited unless im- ing which action to order and in set- ported: ting the time limit for the action, the (1) For experimental or scientific inspector shall consider the degree of purposes by the United States Depart- pest risk presented by the plant pest ment of Agriculture; associated with the article, whether the article is a host of the pest, the (2) For export, or for transportation types of other host materials for the and exportation in bond, in accordance pest in or near the port, the climate with §§ 352.2 through 352.15 of this chap- and season at the port in relation to ter; or, the pest’s survival range, and the avail- (3) Into Guam in accordance with ability of treatment facilities for the § 319.37–4(b). article. (b) As used in this subpart, unless the context otherwise requires, the term 1 The Plant Protection and Quarantine ‘‘United States’’ means the States, the Programs also enforces regulations promul- District of Columbia, Guam, Puerto gated under the Endangered Species Act of Rico, and the Virgin Islands of the 1973 (Pub. L. 93–205, as amended) which con- United States. tain additional prohibitions and restrictions on importation into the United States of ar- ticles subject to this subpart (See 50 CFR 1 Regulations concerning the importation parts 17 and 23). into the United States of bamboo not capa- 2 One or more common names of articles ble of propagation are set forth in §§ 319.40–1 are given in parentheses after most scientific through 319.40–11. names (when common names are known) for 1 The Plant Protection and Quarantine the purpose of helping to identify the arti- Program also enforces regulations promul- cles represented by such scientific names; gated under the Endangered Species Act of however, unless otherwise specified, a ref- 1973 (P.L. 93–205, as amended) which contains erence to a scientific name includes all arti- additional prohibitions and restrictions on cles within the category represented by the importation into the United States of arti- scientific name regardless of whether the cles subject to this subpart (See 50 CFR parts common name or names are as comprehen- 17 and 23). sive in scope as the scientific name.
194
VerDate 20
(c) No person shall remove any re- (b) It has never been grown in a coun- stricted article from the port of first try from which it would be a prohibited arrival unless and until a written no- article or grown in a country other tice is given to the collector of customs than Canada from which it would be by the inspector that the restricted ar- subject to conditions of § 319.37–5 (c), ticle has satisfied all requirements (d), (e), (f), (g), (h), (i), (j), (k), (l), or under this subpart. (m) of this subpart, or subject to condi- tions of § 319.37–6 of this subpart, [57 FR 43144, Sept. 18, 1992] (c) It was not grown in a country or locality from which it would be subject § 319.37–1 Definitions. to conditions of § 319.37–7 of this sub- Terms used in the singular form in part unless it was grown in Canada this subpart shall be construed as the under postentry growing conditions plural, and vice versa, as the case may equivalent to those specified in § 319.37– demand. The following terms, when 7 3 of this subpart, and used in this subpart, shall be con- (d) It was not imported into Canada strued, respectively, to mean: in growing media. Bulbs. The portion of a plant com- Indexing. A procedure for using plant monly known as a bulb, bulbil, bulblet, material or its extracts to determine corm, cormel, rhizome, tuber, or pip, the presence or absence of one or more and including fleshy roots or other un- pests in or on the tested plant mate- derground fleshy growths, a unit of rial. For the purposes of this subpart, which produces an individual plant. indexing is performed in foreign coun- Clean well water. Well water that does tries to test the parent stock of des- not contain plant pathogens or other ignated articles that must meet special plant pests. foreign inspection and certification re- Deputy Administrator. The Deputy Ad- quirements in accordance with § 319.37– ministrator of the Animal and Plant 5 to be eligible for importation into the Health Inspection Service, U.S. Depart- United States. The results of indexing ment of Agriculture for the Plant Pro- tests are used by the plant protection tection and Quarantine Programs, or services of foreign countries to issue any other officer or employee of the phytosanitary certificates declaring Department to whom authority to act plant articles free of specified diseases. in his/her stead has been or may here- The following indexing procedures are after be delegated. authorized for use with the specified Disease. The term in addition to its plant genera, if the procedures are per- common meaning, includes a disease formed using protocols acceptable to agent which incites a disease. the plant protection service that issues Earth. The softer matter composing phytosanitary certificates based on part of the surface of the globe, in dis- them: mechanical transmission of the tinction from the firm rock, and in- pest to an indicator plant for Dianthus, cluding the soil and subsoil, as well as Malus, Prunus, Rubus, and Syringa; finely divided rock and other soil for- graft transmission of the pest to an in- mation materials down to the rock dicator plant for Chaenomeles, Cydonia, layer. Malus, Prunus, Pyrus, Rubus, and Sy- Europe. The continent of Europe, the ringa; serology for Dianthus, Malus, British Isles, Iceland, the Azores, and Prunus, Pyrus, Rubus, and Syringa; elec- the islands in the Mediterranean Sea. tron microscopy for Dianthus and From. An article is considered to be Prunus, and nucleic acid probes for ‘‘from’’ any country or locality in Chaenomeles, Cydonia, Malus, and which it was grown. Provided, That an Pyrus. article imported into Canada from an- other country or locality shall be con- 3 Currently only Chaenomoles spp. (flower- sidered as being solely from Canada if ing quince), Cydonia spp. (quince), Malus spp. it meets the following conditions: (apple, crabapple); Prunus spp. (almond, apri- cot, cherry, cherry laurel, English laurel, (a) It is imported into the United nectarine, peach, plum, prune) and Pyrus spp. States directly from Canada after hav- (pear) are required under the laws of Canada ing been grown for at least 1 year in to be grown in Canada under such equivalent Canada, conditions after importation.
195
VerDate 20
Inspector. Any employee of the Plant plants or parts thereof, or any proc- Protection and Quarantine Programs, essed, manufactured, or other products Animal and Plant Health Inspection of plants. Service, U.S. Department of Agri- Plant Protection and Quarantine Pro- culture, or other person, authorized by grams. The organizational unit within the Deputy Administrator in accord- the Animal and Plant Health Inspec- ance with law to enforce the provisions tion Service, U.S. Department of Agri- of the regulations in this subpart. culture, delegated responsibility for Nursery stock. All field-grown florist’s enforcing provisions of the Plant Quar- stock, trees, shrubs, vines, cuttings, antine Act, the Federal Plant Pest Act, grafts, scions, buds, fruit pits, and and related laws, and regulations pro- other seeds of fruit and ornamental mulgated thereunder. trees or shrubs, and other plants and Port of first arrival. The land area plant products for propagation, except (such as a seaport, airport, or land bor- field, vegetable, and flower seeds, bed- der station) where a person, or a land, ding plants, and other herbaceous water, or air vehicle, first arrives after plants, bulbs, and roots. entering the territory of the United Oceania. The islands of Micronesia, States, and where inspection of articles Melanesia, and Polynesia (except Ha- is carried out by inspectors. waii, Guam, and the Northern Mariana Potable water. Water which is ap- Islands) in the central and southern proved for drinking purposes by the na- Pacific Ocean. tional or local health authority having Person. An individual, corporation, jurisdiction. company, society, or association. Phytosanitary certificate of inspection. Prohibited article. Any nursery stock, A document relating to a restricted ar- plant, root, bulb, seed, or other plant ticle, which is issued by a plant protec- product designated in § 319.37–2 (a) or tion official of the country in which (b), except wood articles regulated the restricted article was grown, which under §§ 319.40–1 through 319.40–11, is issued not more than 15 days prior to ‘‘Subpart—Logs, Lumber, and Other shipment of the restricted article from Unmanufactured Wood Articles.’’ the country in which grown, which is Restricted article. Any class of nursery addressed to the plant protection serv- stock or other class of plant, root, ice of the United States (Plant Protec- bulb, seed, or other plant product, for tion and Quarantine Programs), which or capable of propagation, excluding contains a description of the restricted any prohibited articles listed in article intended to be imported into § 319.37–2 (a) or (b) of this subpart, ex- the United States, which certifies that cluding any articles subject to any re- the article has been thoroughly in- stricted entry orders in 7 CFR part 321 spected, is believed to be free from in- (i.e., potatoes), and excluding any arti- jurious plant diseases, injurious insect cles regulated in 7 CFR 319.8 through pests, and other plant pests, and is oth- 319.34 or 319.41 through 319.74–7. erwise believed to be eligible for impor- Secretary. The Secretary of Agri- tation pursuant to the current culture, or any other officer or em- phytosanitary laws and regulations of ployee of the Department of Agri- the United States, and which contains culture to whom authority to act in any specific additional declarations re- his/her stead has been or may hereafter quired under this subpart. be delegated. Plant pest. The egg, pupal, and larval Soil. The loose surface material of the stages as well as any other living stage earth in which plants, trees, and shrubs of: Any insects, mites, nematodes, grow, in most cases consisting of dis- slugs, snails, protozoa, or other inver- integrated rock with an admixture of tebrate animals, bacteria, fungi, other organic material and soluble salts. parasitic plants or reproductive parts Solanum spp. true seed. Seed produced thereof, viruses, or any organisms by flowers of Solanum capable of germi- similar to or allied with any of the nating and producing new Solanum foregoing, or any infectious substances, plants, as distinguished from Solanum which can directly or indirectly injure tubers, whole or cut, that are referred or cause disease or damage in any to as Solanum seeds or seed potatoes.
196
VerDate 20
Spp. (species). All species, clones, lands, Puerto Rico, and the Virgin Is- cultivars, strains, varieties, and hy- lands of the United States. brids, of a genus. [45 FR 31585, May 13, 1980, as amended at 50 State Plant Regulatory Official. The of- FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, ficial authorized by the State to sign 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, agreements with Federal agencies in- July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR volving operations of the State plant 27674, May 25, 1995] protection agency. § 319.37–2 Prohibited Articles. United States. The States, District of Columbia, Guam, Northern Mariana Is- (a) The following listed articles from the designated countries and localities are prohibited articles and are prohib- ited from being imported or offered for entry into the United States except as provided in § 319.37–2(c) of this subpart.
197
VerDate 20
Chrysomyxa abietis Westherd. & Buis. (Bacterial stain);
hibited article Metamasius
Phacidiopycnis pseudotsuga (Sacc.) McAlp. (Rust). (Berg); Barclay (Spruce needle rust); Hiratusuka (Rust). (Ogawa) Burk.
Pseudomonas lignicola (Fr.) Otth. (Cherry-spruce rust). cadang disease. cadang disease. cadang disease. cadang disease. cadang disease. canker). cadang disease. berry rust); a serious needle disease); Cactoblastis cactorum Chrysomyxa himalensis areolatum Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- Cotton leaf curl agent. Cotton Anthocyanosis agent. Bhendi yellow vein mosaic agent. 50 or more species of rusts including Maple mosaic or variegation diseases. Horsechestnut variegation or yellow mosaic diseases. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang- Cotton leaf curl agent. Bhendi yellow vein mosaic agent. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang- Okra mosaic virus. A diversity of diseases, insects, and other pests, including but not limited to: Peanut clump virus. Indian peanut clump virus. Peanut stripe virus. Okra yellow leaf curl agent. Okra mosaic agents. Uromycladium tepperianum Xanthomonas acernea Pucciniastrum actinidiae ...... Foreign places from which prohibited ...... United Kingdom ippines, Taiwan, Thailand All Japan and Taiwan Africa Brazil Bangladesh, India, Sri Lanka Ivory Coast, Nigeria All except Canada Australia and Oceania All Czechoslovakia, Federal Republic of Germany, Romania, Africa Bangladesh, India, Sri Lanka All All All All except Canada All Japan Europe, Japan India, Indonesia, Japan, People's Republic of China, Phil- Iraq India Ivory Coast, Senegal, Upper Volta Papua New Guinea, Trinidad and Tobago ......
Acer ...... articles are in- 319.37±2(b) 319.37±5(m) ...... spp. (okra) . .
Arachis spp. (arikury palm) ...... spp. (Chinese goose- spp. (coyure, ruffle, and spp. (horsechestnut) spp spp. (peanut) seed only spp. (althaea, hollyhock) spp. (sugarpalm) spp. (acacia) spp spp. (fir) spp. (maple) (except only if specifically mentioned) spine palm) (all other meeting the conditions for im- portation in § cluded under Fabaceae) palmatum and Acer japonicum berry, kiwi). Prohibited article (includes seeds
Abelmoschus Abies Acacia Acer Actinidia Adonidia Aesculus Aiphanes Allagoptera arenaria Althaea Arachis Areca Arenga Arikuryroba Articles listed in §
198
VerDate 20
Chaenomeles
Uromyces gladioli
Cydonia
Dryocosmus kuriphilus Bub. (rust),
Uredo gladioli-buettneri Syd. (rust). (M. Wils.) Hahn (Douglas fir canker). (Murrill) Barr (chestnut blight); Sibilia (Seedling disease). Doidge (rust),
Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). U. nyikensis P. Henn. (white rust of chrysanthemum). (Thuem.) Wint. (rust). P. Henn. (rust). 319.37±5(b)(1). cadang disease. cadang disease. cadang disease. § cadang disease. cadang disease. 5(b)(1). Yasumatsu (gall wasp). P. Henn. (rust), cadang disease. A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- Puccinia graminis Puccinia graminis Puccinia graminis Okra mosaic virus. Cryphonectria parasitica Phacidiopycnis pseudotsuga Fusarium fuliginosporum Puccinia horiana Puccinia mccleanii U. transversalis U. gladioli ...... East longitude ° . and 180 ° 319.37±5(g) ...... Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90 tions for importation in § All All All All. All All All All Europe Argentina, Uruguay Nigeria, Ivory Coast All Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All Africa All Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All except from Jamaica or Costa Rica if meeting the condi- ......
Cocos ...... 301.38±1 of ...... 319.56) spp. (butterfly spp. (chrysan- spp. (flowering (coconut) (includ- 301.38±1 of this ...... spp. (montebretia) . . spp. (chestnut) . spp. (palmyra palm) spp. (barberry) destined spp. (barberry) (plants of spp. spp. (barberry) seed spp. (quince) not meeting spp. (fishtail palm) spp. (other than spp. (cedar) . 319.37±5(b) 301.38±2a of this chapter 319.37±5(b) the conditions for importation in § all species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § chapter) this chapter) ing seed) (Coconut seed without husk or without milk may be im- ported into the United States in accordance with § to an eradication State listed in § (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § palm) themum) quince) not meeting the condi- tions for importation in § nucifera
Berberis Berberis Berberis Blighia sapida (akee) Borassus Caryota Castanea Cedrus Chaenomeles Chrysalidocarpus Chrysanthemum Cocos Cocos nucifera Corypha Crocosmia Cydonia
199
VerDate 20
Uromyces gladioli Bub. (rust), (Brown) Dowson (Canker and dwarfing disease of hibited article Dietel. Uredo gladioli-buettneri
fraxini Syd. (rust). var. H. Syd. & P. (Sugarcane rust). Hickman (Red stele disease). Thuem. (parasitic leaf fungus). Doidge (rust),
U. nyikensis P. Henn. (white rust of chrysanthemum). (Thuem.) Wint. (rust). mosaic diseases. P. Henn. (rust). cadang disease. cence agent; small leaf virus. cadang disease. cadang disease. cadang disease. cadang disease. leaf); and sweetpotato viruses of eastern Africa. P. Henn. (rust), ash). enation virus, azuki bean mosaic golden cowpea mild mot- tle virus, French bean mosaic groundnut chlorotic leaf streak chlorotic spotting virus, groundnut rosette agents, witches broom MLO, horsegram yellow mosaic virus, Indonesian soybean dwarf lima bean virus, lucerne Australian symptomless vein yellowing mung bean yellow mosaic virus, peanut stripe red clover mottle and soybean dwarf virus. Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: cotton leaf curl virus; vires- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Jasmine variegation diseases. Cotton leaf curl agent. Cotton anthocyanosis agent. Hibiscus leaf curl agent. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases including but not limited to: sweetpotato witches broom (little Datura Colombian virus. Datura distortion or enation mosaic virus. Puccinia horiana Puccinia melanocephala Pestalotia disseminata Euonymus A diversity of diseases including but not limited to: African soybean dwarf agent, alfalfa Phytophthora fragariae Pseudomonas savastanoi Puccinia mccleanii U. transversalis U. gladioli Aecidium hydrangeae-paniculatea ...... East longitude ° ...... and 180 ° ...... Foreign places from which prohibited ...... Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90 All All Colombia Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All Africa Belgium, Federal Republic of Germany, Great Britain Africa Brazil India Argentina, Uruguay All All All Europe, Japan Europe Japan Europe, Sri Lanka, and Uruguay Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All All except Canada All except Canada All except Canada India ...... spp. (chrysan- spp. (cotton, . 319.37±5(h) . spp. (Princesspalm) ...... spp. (eucalyptus) spp. (palm) spp. (euonymus) . spp. (jasmine) spp. (strawberry) not spp. (kenaf, hibiscus, spp. (hydrangea) spp. (plumegrass) spp. (gladiolus) spp. (sweetpotato) spp. (ash) spp. (sentry palm) not spp. (llumepalm) spp spp. (oil palm) 319.37±5(n) only if specifically mentioned) meeting the conditions in § cottontree) ceous spp. only) meeting the conditions for im- portation in § themum) rose mallow) Prohibited article (includes seeds
Datura Dendranthema Dictyosperma Elaeis Erianthus Eucalyptus Euonymus Fabaceae (=Leguminosae) (herba- Fragaria Fraxinus Gaussia Gladiolus Gossypium Hibiscus Howea Hydragea Hyophorbe Ipomoea Jasminum
200
VerDate 20
oryzae oryzae (M. Wils.) Hahn (Douglas fir canker). (M. Wils.) Hahn (Douglas fir canker). pv. pv. (Pers.) Schroet. (Rust). (Harteg) Dennis (European larch canker). (Karst) Ellis (Needlecast disease). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). mosaic diseases. cadang disease. cadang disease. Sampaguita yellow ringspot mosaic diseases. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Chlorotic ringspot, phyllody, yellow ring mosaic diseases. Stigmina deflectans Phacidiopycnis pseudotsuga Lachnellula willkommii Phacidiopycnis pseudotsuga A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Xanthomonas campestris Uromyces viciae-fabae Xanthomonas campestris Ligustrum Puccinia graminis Puccinia graminis Puccinia graminis Puccinia graminis Puccinia graminis ...... rope, and Japan All All All All India Philippines Provinces of New Brunswick and Nova Scotia in Canada, Eu- All South America All Europe All Europe Europe Austria, Finland, and Romania All All ......
Leptochloa ...... 301.38±1 of 301.38±1 of articles are in- ...... 301.38±1 of this 301.38±1 of this Poaceae spp. (plants of all spp. destined to an . . spp. seed spp. (sprangletop) ...... Leersia . spp. (privet) spp. (juniper) . spp. (mahonia) destined . spp. (fan palm) spp. (mahonia) (plants of spp. (cutgrass) seed only spp spp. seed (lentil) spp. (larch) 301.38±2(a) of this chapter 301.38±2(a) of this chapter chapter) (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § to an eradication State listed in § this chapter) articles are included under eradication State listed in § (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § cluded under this chapter) (all other seed only (all other Poaceae) all species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § chapter
Juniperus Larix Latania Leersia Lens Leptochloa Ligustrum Livistona Mahoberberis Mahoberberis Mahoberberis Mahonia Mahonia
201
VerDate 20
Malus Wals. (Avocado seed moth); (Arthand-Berthet) Starr (Bac- (DC) Savile. (Rhododendron-
Phenococcus manihotis
rhododendri
Stenoma catenifer hibited article
Xanthomonas manihotis (M. Wils.) Hahn (Douglas fir canker). F. (mango weevil). (Bondar) (cassava mite); Ride (Canker). Pers. (Black stem rust). (Alb. & Schw.) d By var. spp. Boh. (Avocado weevil); cadang disease. cadang disease. 5(b)(1). cadang disease. cadang disease. terial blight); Cassava brown streak virus; latent African mo- saic virus; Cassava common mosaic virus. spruce needle rust). Ferrero (cassava mealybug); pines.) Mononychellus tanajoa Conotrachelus ley yellow mosaic virus, barley striate brome streak virus, cereal chlorotic mosaic cocksfoot mild corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle Echinochloa ragged stunt virus, European aster yellows MLO, wheat striate mosaic virus, Iranian maize mosaic bushy stunt MLO, chlorotic mottle virus, maize mosaic mottle/chlorotic stunt rough dwarf maize streak virus, stripe northern cereal mosaic oat red mosaic virus, oat sterile dwarf rice gall tungro virus, rice wilted stunt yellow mottle dwarf agent, dwarf agent, sugarcane white leaf MLO, wheat yellow virus, and yellowing stripe bacterium. Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Elm mottle virus. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for A diversity of diseases, insects, and other pests including but not limited to: Mulberry dwarf or mulberry mosaic diseases. Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard Gall-forming rust. Puccinia graminis Cryptorhynchus mangiferae Heilipus lauri Chrysomyxa ledi Phacidiopycnis pseudotsuga A wide diversity of plant diseases, including but not limited to: banana streak virus, bar- Xanthomonas populi ...... Foreign places from which prohibited ...... Dominica, French Guiana, Guadeloupe, Martinique, and St. Lucia) and the geographic area formerly known as Union of Soviet Socialist Republics All All except North and South America (excluding Barbados, All except Canada All India, Japan, Korea, People's Republic of China, Thailand, All Europe and Japan All Central and South America, Mexico Europe All Europe, Japan, and Siberia Europe Europe. All Japan. All except Canada ...... 319.37±5(b) spp. (mazaripalm) spp. (mock orange) spp spp. (palm) spp. (mango) seed only spp. seed . spp. (aspen, cottonwood, spp. (date) spp. (cassava) spp. (avocado) seed spp. (apple, crabapple) not spp. (mulberry) spp. (spruce) spp. (pine) (2- or 3-leaved) only if specifically mentioned) meeting the conditions for im- portation in § poplar) grains and grasses) Prohibited article (includes seeds
Mahonia Malus Mangifera Manihot Mascarena Morus Nannorrhops Neodypsis Persea Philadelphus Phoenix Picea Pinus Poaceae (vegetative parts of all Populus
202
VerDate 20
in § Acrocercops
Monilia roreriÐ
Pyrus
Prunus spp. beetles and
Oncobasidum theobromae (watery pod rot), cocoa isolates of
Trachysphaera fructigena
Xyleborus et al. (M. Wils.) Hahn (Douglas fir canker). (Stahel) Singer (witches broom fungus), Ellis and Halst (wilts), (CiF.) H.C. Evans (Harteg) Dennis (European larch canker). Imazeki (White rot); a gall-forming rust. (Day) Chester (Watermark disease). (Snellen) (cocoa moth). cadang disease. virus, cocoa mottle leaf yellow mosaic necrosis cadang disease. dulcamara mottle virus; tomato blackring tobacco rattle potato virus Y (tobacco veinal necrosis strain); potato purple top wilt agent; marginal flaves- cence agent; potato purple top roll witches broom stolbur parastolbur agent; potato leaflet stunt spindle tuber viroid; arracacha virus B; potato yellowing virus. 5(b)(1). 5(b)(1). Bunting (mealy pod agents of cushy gall disease), and Keane (vascular streak die-back), strain); arracacha virus B; potato yellowing virus. Crinipellis perniciosa Moniliophthora rorei Ceratocystis fimbriata cramella Plum pox (Sharka) virus. A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases and pests including but not limited to: cocoa swollen shoot A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for Andean potato latent virus; mottle mop top Elm mottle virus. Black currant reversion agent. Rose wilt virus. Andean potato latent virus, virus T, tobacco ringspot (Andean calico Lachnellula willkommii Phacidiopycnis pseudotsuga Stereum hiugense Erwinia salicis Fruit flies, or other injurious insects. Mountain ash variegation or ringspot mosaic disease...... South latitudeÐ ...... ° and 44 ° ...... 319.37±5(o)) ...... rope, and Japan (that area of Chile between 39 Republic (East), Great Britain, and The Netherlands the Municipality of Central Saanich in Province Brit- ish Columbia east of the West Saanich Road). see § All All Provinces of New Brunswick and Nova Scotia in Canada, Eu- All Europe and New Zealand Australia, Bulgaria, Italy, and New Zealand All except Canada, New Zealand, and the X region of Chile Europe Japan Federal Republic of Germany (West), German Democratic Czechoslovakia, Denmark, Federal Republic of Germany Europe All All All All except Canada (except Newfoundland and that portion of All except Canada ...... ) not meeting ...... spp. (Douglas fir)
Cerasus spp. (golden larch) spp. (cacao) spp spp. true seed (tuber spp. (palm) spp. (almond, apricot, spp. (lilac) not meeting spp. (oak) . spp. seed only (almond, spp. (mountain ash) spp. (pear) not meeting the spp. (currant, gooseberry) spp. (rose) spp. (willow) 319.37±5(j) 319.37±5(b) 319.37±5(i) 319.37±5(b) the conditions for importation in § apricot, nectarine, peach, plum, and prune, but not species in subgenus conditions for importation in § bearing species onlyÐSection Tuberarium) the conditions for importation in § cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the condi- tions for importation in § ing species onlyÐSection Tuberarium), including potato tubers. Seeds of all kinds when in pulp Pritchardia Prunus Prunus Pseudolarix Pseudotsuga Pyrus Quercus Ravenea Ribes Rosa Salix Solanum spp. (potato) (tuber bear- Solanum Sorbus Syringa Theobroma
203
VerDate 20
Vitis Uromyces gladioli Bub. (rust), hibited article (Ishiyama) Dye.
Uredo gladioli-buettneri Syd. (rust).
oryzae pv. Doidge (rust),
U. nyikensis (Thuem.) Wint. (rust). P. Henn. (rust). cadang disease. cadang disease. P. Henn. (rust), 5(b)(1). Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to those specified for Elm mottle virus. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Puccinia mccleanii U. transversalis U. gladioli Xanthomonas campestris ...... Foreign places from which prohibited ...... Europe All Africa All Argentina, Uruguay All Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All except Canada ...... articles are in- . spp. (windmill palm) ......
Zizania spp. (bugle lily) spp. (elm) (including . spp spp. (wild rice) seed only spp. (grape) not meeting the 319.37±5(b) only if specifically mentioned) seeds) conditions for importation in § cluded under Poaceae) (all other Prohibited article (includes seeds Trachycarpus Ulmus Veitchia Vitis Watsonia Zizania
204
VerDate 20
(b) The following listed articles from shrubs, including but not limited to all foreign places except Canada are cacti, cycads, yuccas, and dracaenas. prohibited articles and are prohibited (ii) Palms and plants whose growth from being imported or offered for habits simulate palms, that exceed a entry into the United States except as total length (stem plus leaves) of 915 provided in § 319.37–2(c) of this subpart: millimeters (approximately 36 inches) (1) Rhododendron spp. (rhododendron in length. and azalea) or other genera or species (7) Any tree or shrub of a type not of similar slow growth habit, other listed above, other than an artificially than artificially dwarfed trees or dwarf tree or shrub, and: shrubs: (i) Exceeding 2 years of age if grown (i) Exceeding 3 years of age if grown from seeds or cuttings; or from seeds or cuttings; or (ii) Exceeding 1 year of age after sev- (ii) Exceeding 2 years of age after erance from the parent plant if pro- severance from the parent plant if pro- duced by layers; or duced by layers; or (iii) Having more than 2 years’ (iii) Having more than 3 years’ growth from the bud or graft if pro- growth from the bud or graft if pro- duced by budding or grafting. duced by budding or grafting. (c) Any article listed as a prohibited (2) Any naturally dwarf or miniature article in paragraph (a) or (b) of this form of tree or shrub exceeding 305 mil- section may be imported or offered for limeters (approximately 12 inches) in entry into the United States if: length from the soil line. (1) Imported by the United States De- (3) Herbaceous perennials (except partment of Agriculture for experi- epiphytes) imported in the form of root mental or scientific purposes; crowns or clumps exceeding 102 milli- (2) Imported at the Plant Germplasm meters (approximately 4 inches) in di- Quarantine Center, Building 320, Belts- ameter. ville Agricultural Research Center (4) Stem cuttings without leaves, East, Beltsville, MD 20705 or at a port without roots, without sprouts, and of entry designated by an asterisk in without branches (other than cactus § 319.37–14(b); cuttings and cuttings of epiphytes) ex- (3) Imported pursuant to a Depart- ceeding 102 millimeters (approximately mental permit issued for such article 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in and kept on file at the port of entry; length; and stem cuttings of epiphytes (4) Imported under conditions speci- with or without aerial roots (without fied on the Departmental permit and leaves, without sprouts, and without found by the Deputy Administrator to branches) exceeding 102 millimeters be adequate to prevent the introduc- (approximately 4 inches) in diameter or tion into the United States of plant exceeding 1.83 meters (approximately 6 pests, i.e., conditions of treatment, feet) in length. processing, growing, shipment, dis- (5) Cactus cuttings (without roots or posal; and branches) exceeding 153 millimeters (5) Imported with a Departmental tag (approximately 6 inches) in diameter or or label securely attached to the out- exceeding 1.22 meters (approximately 4 side of the container containing the ar- feet) in length. ticle or securely attached to the article (6)(i) Plants (other than stem itself if not in a container, and with cuttings, cactus cuttings, artificially such tag or label bearing a Depart- dwarfed plants such as bonsai, and mental permit number corresponding palms and plants whose growth habits to the number of the Departmental simulate palms) exceeding 460 millime- permit issued for such article. ters (approximately 18 inches) in [45 FR 31585, May 13, 1980; 45 FR 35305, May length from soil line (top of rooting 27, 1980, as amended at 56 FR 19790, Apr. 30, zone for plants produced by air 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, layering) to the farthest terminal 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 growing point and whose growth habits FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, simulate the woody habits of trees and 1995; 62 FR 50238, Sept. 25, 1997]
205
VerDate 20
§ 319.37–3 Permits. Michigan, New York, Washington, or West Virginia; (a) The restricted articles (other than (13) Articles (except seeds) of Vitis articles for food, analytical, medicinal, spp. (grape) from Canada and destined or manufacturing purposes) in any of to California, New York, Ohio, Oregon, the following categories may be im- and Washington; ported or offered for importation into (14) Articles (except seeds) of Corylus the United States only after issuance spp. (filbert, hazel, hazelnut, cobnut) of a written permit by the Plant Pro- from provinces east of Manitoba in tection and Quarantine Programs: Canada and destined to Oregon or (1) Articles subject to treatment and Washington; other requirements of § 319.37–6; (15) Articles (except seeds) of Pinus (2) Articles subject to the postentry spp. (pine) from Canada and destined to quarantine conditions of § 319.37–7; California, Idaho, Montana, Oregon, or (3) Bulbs of Allium sativum spp. (gar- Utah; and lic), Crocosmia spp. (montebretia), Glad- (16) Articles (except seeds) of Ulmus iolus spp. (gladiolus), and Watsonia spp. spp. (elm) from Canada and destined to (bugle lily) from New Zealand; California, Nevada, or Oregon. (4) Articles of Cocos nucifera (coco- (17) Solanum tuberosum true seed from nut); and articles (except seeds) of New Zealand and the X Region of Chile Dianthus spp. (carnation, sweet-wil- (that area of Chile between 39° and 44° liam) from any country or locality ex- South latitude—see § 319.37–5(o)). cept Canada; (b) An application for a written per- (5) Lots of 13 or more articles (other mit should be submitted to the Plant than seeds, bulbs, or sterile cultures of Protection and Quarantine Programs orchid plants) from any country or lo- (Animal and Plant Health Inspection cality except Canada; Service, Plant Protection and Quar- (6) Seeds of trees or shrubs from any antine, Port Operations, Permit Unit, country or locality except Canada; 4700 River Road Unit 136, Riverdale, (7) Articles (except seeds) of Malus Maryland 20737–1236) at least 30 days spp. (apple, crabapple), Pyrus spp. prior to arrival of the article at the (pear), Prunus spp. (almond, apricot, port of entry. The completed applica- cherry, cherry laurel, English laurel, tion shall include the following infor- nectarine, peach, plum, prune), Cydonia mation: 4 spp. (quince), Chaenomeles spp. (flower- (1) Name, address, and telephone ing quince), and Rubus spp. number of the importer; (cloudberry, blackberry, boysenberry, (2) Approximate quantity and kinds dewberry, loganberry, raspberry), from (botanical designations) of articles in- Canada; tended to be imported; (8) Articles (except seeds) of Castanea (3) Country(ies) or locality(ies) where spp. (chestnut) or Castanopsis spp. grown; (chinquapin) destined to California or (4) Intended United States port of Oregon; entry; (9) Articles (except seeds) of Pinus (5) Means of transportation, e.g., spp. (pine), (5-leaved) destined to Wis- mail, airmail, express, air express, consin; freight, airfreight, or baggage; and (10) Articles of Ribes spp. (currant, (6) Expected date of arrival. gooseberry), (including seeds) destined (c) After receipt and review of the ap- to Massachusetts, New York, West Vir- plication by Plant Protection and ginia, or Wisconsin; Quarantine Programs, a written permit indicating the applicable conditions for (11) Articles (except seeds) of Planera importation under this subpart shall be spp. (water elm, planer) or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to 4 Application forms are available without California, Nevada, or Oregon; charge from the Animal and Plant Health In- spection Service, Plant Protection and Quar- (12) Seeds of Prunus spp. (almond, antine, Port Operations, Permit Unit, 4700 apricot, cherry, cherry laurel, English River Road Unit 136, Riverdale, Maryland laurel, nectarine, peach, plum, prune) 20737–1236, local offices which are listed in from Canada and destined to Colorado, telephone directories.
206
VerDate 20
issued for the importation of articles a conflict as to any material fact, a described in the application if such ar- hearing shall be held to resolve such ticles under the conditions specified in conflict. the application appear to be eligible to (e) Any restricted article not des- be imported into the United States. ignated in paragraph (a) of this section Even though a written permit has been may be imported or offered for impor- issued for the importation of an arti- tation into the United States only cle, such article may be imported only after issuance of an oral permit for im- if all applicable requirements of this portation issued by an inspector at the subpart are met and only if an inspec- tor at the port of entry determines port of entry. that no emergency measures pursuant (f) An oral permit for importation of to section 105 of the Federal Plant Pest an article shall be issued at a port of Act (7 U.S.C. 150ee) are necessary with entry by an inspector only if all appli- respect to such article.5 cable requirements of this subpart are (d) Any permit which has been issued met, such article is eligible to be im- may be withdrawn by an inspector or ported under an oral permit, and an in- the Deputy Administrator if he/she de- spector at the port of entry determines termines that the holder thereof has that no emergency measures pursuant not complied with any condition for to section 105 of the Federal Plant Pest the use of the document. The reasons Act (7 U.S.C. 150ee) are necessary with for the withdrawal shall be confirmed respect to such article.5 in writing as promptly as cir- cumstances permit. Any person whose (Approved by the Office of Management and permit has been withdrawn may appeal Budget under control number 0579–0049) the decision in writing to the Deputy Administrator within ten (10) days (44 U.S.C. 35) after receiving the written notification [45 FR 31585, May 13, 1980, as amended at 48 of the withdrawal. The appeal shall FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, state all of the facts and reasons upon 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, which the person relies to show that Feb. 16, 1995] the permit was wrongfully withdrawn. The Deputy Administrator shall grant § 319.37–4 Inspection, treatment, and or deny the appeal, in writing, stating phytosanitary certificates of inspec- the reasons for the decision as prompt- tion. ly as circumstances permit. If there is (a) Phytosanitary certificates of inspec- tion. Any restricted article offered for 5 Section 105 of the Federal Plant Pest Act importation into the United States (7 U.S.C. 150ee) provides, among other things, must be accompanied by a that the Secretary of Agriculture may, phytosanitary certificate of inspection whenever he deems it necessary as an emer- gency measure in order to prevent the dis- or, in the case of greenhouse-grown semination of any plant pest new to or not plants from Canada imported in ac- theretofore known to be widely prevalent or cordance with paragraph (c) of this sec- distributed within and throughout the tion, a certificate of inspection in the United States, seize, quarantine, treat, apply form of a label in accordance with other remedial measures to, destroy, or dis- paragraph (c)(1)(iv) of this section at- pose of, in such manner as he deems appro- priate, subject to provisions in section 105 (b) tached to each carton of the articles and (c) of the Act (7 U.S.C. 150ee (b) and (c)), and to an airway bill, bill of lading, or any product or article, including any articles delivery ticket accompanying the arti- subject to this subpart, which is moving into cles. or through the United States, and which he (b) Inspection and treatment. Any re- has reason to believe was infested or infected by or contains any plant pest at the time of stricted article may be sampled and in- such movement. Section 10 of the Plant spected by an inspector at the port of Quarantine Act (7 U.S.C. 164a) and sections first arrival and/or under preclearance 105 and 107 of the Federal Plant Pest Act (7 inspection arrangements in the coun- U.S.C. 150dd, 150ff) also authorize emergency try in which the article was grown, and measures against prohibited and restricted must undergo any treatment contained articles which are not in compliance with the provisions of this subpart. in the Plant Protection and Quarantine
207
VerDate 20
Treatment Manual 6 that is ordered by (v) Ensure that only plants that are the inspector. Any restricted article not excluded shipment by the criteria found upon inspection to contain or be of this subsection are shipped. contaminated with plant pests, that (2) Each greenhouse grower partici- cannot be eliminated by treatment, pating in the program shall enter into shall be denied entry at the first an agreement with the Plant Protec- United States port of arrival. tion Division of Agriculture Canada in (c) Greenhouse-grown plants from Can- which the grower agrees to: ada. A greenhouse-grown restricted (i) Maintain records of the kinds and plant may be imported from Canada if quantities of plants grown in their the Plant Protection Division of Agri- greenhouses, including the date of re- culture Canada signs a written agree- ceipt and place of origin of the plants, ment with the Animal and Plant keep the records for at least one year Health Inspection Service allowing after the plants are shipped to the such importation if the following con- United States, and make the records ditions are met: available for review and copying upon (1) The Plant Protection Division of request by either the Plant Protection Agriculture Canada shall: Division of Agriculture Canada or an (i) Eliminate individual inspections authorized representative of the Sec- and phytosanitary certification of each retary of Agriculture. shipment of articles exported in ac- (ii) Apply to the outside of each car- cordance with this section; ton of plants grown in accordance with (ii) Enter into written agreements this subsection, so as to be readily visi- ble to inspectors and customs officials, with, and assign a unique identifica- and to an airway bill, bill of lading, or tion number to, each greenhouse grow- delivery ticket for plants to be shipped er participating in the greenhouse pro- to the United States, a label issued by gram; Agriculture Canada including the iden- (iii) Inspect greenhouses and the tification number assigned to the grow- plants being grown in them using in- er by the Plant Protection Division of spection methods and schedules ap- Agriculture Canada and the following proved by Plant Protection and Quar- certification statement: ‘‘This ship- antine to ensure that the criteria of ment of greenhouse grown plants meets this subsection are met; the import requirements of the United (iv) Issue labels to each grower par- States, and is believed to be free from ticipating in the program. The labels injurious plant pests. Issued by Plant issued to each grower shall bear a Protection Division, Agriculture Can- unique number identifying that grow- ada.’’ er, and shall bear the following state- (iii) Apply labels in accordance with ment: ‘‘This shipment of greenhouse- paragraph (c)(2)(ii) of this section sole- grown plants meets the import require- ly to cartons of plants that meet re- ments of the United States, and is be- quirements of this chapter for import lieved to be free from injurious plant of these plants from Canada into the pests. Issued by Plant Protection Divi- United States; and sion, Agriculture Canada.’’ The Plant (iv) Use pest control practices ap- Protection Division, Agriculture Can- proved by Plant Protection and Quar- ada shall also ensure that the label is antine and the Plant Protection Divi- placed on the outside of each container sion of Agriculture Canada to exclude of articles exported under the agree- pests from the greenhouses. ment and that the grower’s label is placed on an airway bill, bill of lading, [57 FR 43148, Sept. 18, 1992] or delivery ticket accompanying each shipment of articles; and § 319.37–5 Special foreign inspection and certification requirements. (a) Any restricted article (except 6 The Plant Protection and Quarantine seeds; unrooted cuttings; articles col- Treatment Manual is incorporated by ref- erence in the Code of Federal Regulations. lected from the wild; and articles sole- For further information on the content and ly for food, analytical, or manufactur- availability of this manual, see 7 CFR 300.1, ing purposes) from a country listed ‘‘Materials incorporated by reference.’’ below, at the time of arrival at the
208
VerDate 20
port of first arrival in the United (xx), (xxi) and (xxii); and for Vitis spp. States shall be accompanied by a (grape) from Canada, diseases (xiv) phytosanitary certificate of inspection through (xvii) and (xxiv) through which shall contain an accurate addi- (xliii). The determination by the plant tional declaration that such article protection service that the article is was grown on land which has been sam- free of these diseases will be based on pled and microscopically inspected by visual examination and indexing of the the plant protection service of the parent stock of the article and inspec- country in which grown within 12 tion of the nursery where the re- months preceding issuance of the cer- stricted article is grown to determine tificate and found free from potato cyst that the nursery is free of the specified nematodes, Globodera rostochiensis diseases. An accurate additional dec- (Woll.) Behrens and G. pallida (Stone) laration on the phytosanitary certifi- Behrens: cate of inspection by the plant protec- tion service that a disease does not Algeria, Argentina, Australia, Austria, occur in the country in which the arti- Azores, Belgium, Bolivia, Bulgaria, Canada (only that portion comprising Newfoundland, cle was grown may be used in lieu of and the Land District of South Saanich on visual examination and indexing of the Vancouver Island in British Columbia), parent stock for that disease and in- Channel Islands, Chile, Colombia, Costa spection of the nursery. Rica, Crete, Cyprus, Czechoslovakia, Den- (2) Species of Prunus not immune to mark (including Faeroe Islands), Ecuador, plum pox virus (species other than P. Egypt, Federal Republic of Germany (West), avium, P. cerasus, P. effusa, P. Finland, France, German Democratic Repub- lic (East), Great Britain, Greece, Guernsey, laurocerasus, P. mahaleb, P. padus, P. Hungary, Iceland, India, Ireland, Italy, sargentii, P. serotina, P. serrula, P. Japan, Jersey, Jordan, Lebanon, Luxem- serrulata, P. subhirtella, P. yedoensis, bourg, Malta, Mexico, Morocco, The Nether- and P. virginiana) and grown in Bel- lands, New Zealand, Northern Ireland, Nor- gium, France, Germany, Great Britain, way, Pakistan, Panama, Peru, the Phil- or The Netherlands shall be certified ippines, Poland, Portugal, South Africa, only from the government operated Spain (including Canary Islands), Sweden, nurseries (research stations) where the Switzerland, Tunisia, Union of Soviet Social- ist Republics, Venezuela, and Yugoslavia. certified plants were grown and the original parent stock is indexed for the (b) (1) Any of the following restricted appropriate national fruit tree certifi- articles (except seeds) at the time of cation program. arrival at the port of first arrival in (3) List of diseases. the United States must be accom- (i) Monilinia fructigena (Aderh. & panied by a phytosanitary certificate Ruhl.) Honey (Brown rot of fruit). of inspection which contains an addi- (ii) Guignardia piricola (Nose) tional declaration that the article was Yamomoto (Leaf, branch, and fruit dis- grown in a nursery in Belgium, Canada, ease). Federal Republic of Germany, France, (iii) Apple proliferation agent. Great Britain, or The Netherlands and (iv) Pear blister canker virus. that the article was found by the plant (v) Pear bud drop virus. protection service of the country in (vi) Diaporthe mali Bres. (Leaf, branch which the article was grown to be free & fruit fungus). of the following injurious plant dis- eases listed in paragraph (b)(3) of this (vii) Apple green crinkle virus. section: For Chaenomeles spp. (flower- (viii) Apple chat fruit virus. ing quince) and Cydonia spp. (quince), (ix) Plum pox (=Sharka) virus. diseases (i), (ii), (iv), (xviii), (xix), (xx), (x) Cherry leaf roll virus. and (xxi); for Malus spp. (apple, (xi) Cherry rusty mottle (European) crabapple), diseases (i), (ii), (iii), (vi), agent. (vii), (xxii), and (xxiii); for Prunus spp. (xii) Apricot chlorotic leaf roll agent. (almond, apricot, cherry, cherry laurel, (xiii) Plum bark split virus. English laurel, nectarine, peach, plum, (xiv) Arabis mosaic virus and its prune), diseases (i), (ix) through (xvii), strains. and (xxii); and for Pyrus spp. (pear), (xv) Raspberry ringspot virus and its diseases (i), (ii), (iv), (v), (xviii), (xix), strains.
209
VerDate 20
(xvi) Tomato blackring virus and its panied by a phytosanitary certificate strains. of inspection containing an accurate (xvii) Strawberry latent ringspot additional declaration that such arti- virus and its strains. cles was grown in a greenhouse nursery (xviii) Quince sooty ringspot agent. and found by the plant protection serv- (xix) Quince yellow blotch agent. ice of the country in which grown to be (xx) Quince stunt agent. free from white rust disease (caused by (xxi) Gymnosporangium asiaticum the rust fungus, Puccinia horiana P. Miyabe ex. Yamada (Rust). Henn.) based on visual examination of (xxii)Valsa mali Miyabe and Yamada the parent stock, of the articles for im- ex. Miura (Branch canker fungus). portation, and of the greenhouse nurs- (xxiii) Apple ringspot virus. ery in which the articles for importa- (xxiv) The following nematode trans- tion and the parent stock are grown, mitted viruses of the polyhedral type: Artichoke Italian latent virus, Grape- once a month for 4 consecutive months vine Bulgarian latent virus, Grapevine immediately prior to importation. fanleaf virus and its strains, and Hun- (d) Any restricted article (except garian chrome mosaic virus. seeds) of Dianthus spp. (carnation, (xxv) Grapevine asteroid mosaic sweet-william) from Great Britain agent. shall be grown under postentry quar- (xxvi) Grapevine Bratislava mosaic antine conditions specified in § 319.37– virus. 7(c) unless at the time of arrival at the (xxvii) Grapevine chasselas latent port of first arrival in the United agent. States the phytosanitary certificate of (xxviii) Grapevine corky bark ‘‘Legno inspection accompanying such article riccio’’ agent. contains an accurate additional dec- (xxix) Grapevine leaf roll agent. laration that such article was grown in (xxx) Grapevine little leaf agent. a greenhouse nursery in Great Britain (xxxi) Grapevine stem pitting agent. and found by the plant protection serv- (xxxii) Grapevine vein mosaic agent. ice of Great Britain to be free from in- (xxxiii) Grapevine vein necrosis jurious plant diseases caused by agent. Phialophora cinerescens (Wr.) van (xxxiv) Flavescence-doree agent. Beyma (=Verticillium cinerescens Wr.), (xxxv) Black wood agent (bois-noir). carnation etched ring virus, carnation (xxxvi) Grapevine infectious necrosis ‘‘streak’’ virus, and carnation ‘‘fleck’’ bacterium. virus, based on visual examination of (xxxvii) Grapevine yellows disease bacterium. the parent stock, of the articles for im- (xxxviii) Xanthomonas ampelina portation, and of the greenhouse nurs- Panagopoulas. ery in which the articles for importa- (xxxix) Peyronellaea glomerata Ciferri. tion and the parent stock are grown, (xl) Pseudopeziza tracheiphila Muller- once a month for 4 consecutive months Thur-gau. immediately prior to importation, and (xli) Rhacodiella vitis Sterenberg. based on indexing of the parent stock. (xlii) Rosellinia necratrix Prill. (e) Any restricted article (except (xliii) Septoria melanosa (Vialla and seeds) of Rubus spp. (cloudberry, black- Ravav) Elenk. berry, boysenberry, dewberry, logan- (c) Any restricted article (except berry, raspberry) from Canada, shall be seeds) of Chrysanthemum spp. (chrysan- grown under postentry quarantine con- themum) or Dendranthema spp. (chrys- ditions specified in § 319.37–7 unless at anthemum) from any foreign place ex- the time of arrival at the port of first cept Europe, Argentina, Brazil, Can- arrival in the United States the ada, Canary Islands, Chile, Colombia, phytosanitary certificate of inspection Republic of South Africa, Uruguay, accompanying such article contains an Venezuela, and all countries and local- accurate additional declaration that ities located in part or entirely be- such article was found by the plant tween 90° and 180° East longitude shall protection service of Canada to be free at the time of arrival at the port of of Rubus stunt agent based on visual first arrival in United States be accom-
210
VerDate 20
examination and indexing of the parent cuttings from indexed parent plants or stock.7 by grafting indexed parent plant mate- (f) Any restricted article (except rial on seedling rootstocks, and were seeds) of Rubus spp. (cloudberry, black- grown in fumigated soil (fumigated by berry, boysenberry, dewberry, logan- applying 400 to 870 pounds of methyl berry, raspberry) from Europe at the bromide per acre and covering the soil time of arrival at the port of first ar- with a tarpaulin for 7 days) in a field at rival in the United States shall be ac- least three meters from the nearest companied by a phytosanitary certifi- non-indexed Syringa spp. (lilac). cate of inspection which shall contain (j) (1) Seeds of Prunus spp. (almond, an accurate additional declaration that apricot, nectarine, peach, plum, and such article was found by the plant prune, but not species in the subgenus protection service of the country of or- Cerasus) from Belgium, France, Federal igin to be free of Rubus stunt agent Republic of Germany, The Netherlands, based on visual examination and index- or Great Britain shall, at the time of ing of the parent stock. arrival at the port of first arrival in (g) Any seed of Cocos nucifera (coco- the United States, be accompanied by a nut) at the time of arrival at the port phytosanitary certificate of inspection, of first arrival in the United States containing accurate additional declara- shall be accompanied by a tions that: phytosanitary certificate of inspection (i) The seeds are from parent stock which shall contain an accurate addi- grown in a nursery in Belgium, France, tional declaration that such seed was Federal Republic of Germany, The found by the plant protection service of Netherlands, or Great Britain that is Costa Rica or of Jamacia to be of Ma- free of plum pox (Sharka) virus; and layan dwarf variety or Maypan variety (ii) The seeds have been found by the (=F1 hybrid, Malayan Dwarf x Panama plant protection service of the country Tall) (which are resistant to lethal in which grown to be free of plum pox yellowing disease) based on visual ex- (Sharka) virus based on the testing of amination of the parent stock. parent stock by visual examination (h) Any restricted article of Fragaria and indexing. spp. (strawberry) from Israel is prohib- (2) Seeds of Prunus spp. (almond, ited as specified in § 319.37–2(a) unless apricot, nectarine, peach, plum, and at the time of arrival at the port of prune, but not species in the subgenus first arrival in the United States the Cerasus), from all countries except phytosanitary certificate accompany- those in Europe, Cyprus, Syria, and ing the article of Fragaria spp. contains Turkey shall, at the time of arrival at an additional declaration that stipu- the port of first arrival in the United lates that the parent stock was found States, be accompanied by a free of red stele disease pathogen as phytosanitary certificate of inspection, well as any other damaging strawberry containing an accurate additional dec- pathogens, based on visual inspection laration that plum pox (Sharka) virus and indexing. does not occur in the country in which (i) Any restricted article of Syringa the seeds were grown. spp. (lilac) from the Netherlands is pro- (k) Any restricted article of Feijoa hibited as specified in § 319.37–2(a) un- (feijoa, pineapple guava) from New Zea- less at the time of arrival at the port of land shall undergo postentry quar- first arrival in the United States the antine in accordance with § 319.37–7 un- phytosanitary certificate accompany- less the article, at the time of arrival ing the article of Syringa spp. (lilac) at the port of first arrival in the contains an accurate additional dec- United States, is accompanied by a laration that stipulates that the parent phytosanitary certificate of inspection, stock was found free of plant diseases containing an accurate additional dec- by inspection and indexing and that laration that New Zealand is free of the Syringa spp. (lilac) to be imported Monilinia fructigena. were propagated either by rooting (l) Any restricted article of Gladiolus, Watsonia or Crocosmia spp. from Lux- 7 Such testing is done under a Raspberry embourg or Spain shall, at the time of Plant Certification Program of Canada. arrival at the port of first arrival in
211
VerDate 20
the United States, be accompanied by a Solanum tuberosum true seed were phytosanitary certificate of inspection, grown have been sampled by SAG once containing accurate additional declara- per growing season at a rate to detect tions that: 1 percent contamination with a 99 per- (1) The plants were grown in a dis- cent confidence level (500 tubers/500 ease free environment in a greenhouse; plants/500 true seeds per 1 hectare/2.5 (2) The plants were subjected to 12 acres), and that the samples have been hours of continuous misting per day analyzed by SAG using an enzyme- with water at 15–20 degrees Celsius on 2 linked immunosorbent assay (ELISA) consecutive days; and test or nucleic acid spot hybridization (3) The plants were inspected by a (NASH) non-reagent test, with nega- plant quarantine official of the country tive results, for Andean Potato Latent where grown 20 days after the comple- Virus, Arracacha Virus B, Potato Virus tion of the misting and were found free T, the Andean Potato Calico Strain of of gladiolus rust. Tobacco Ringspot Virus, and Potato (m) Any restricted article of Acer Yellowing Virus. palmatum or Acer japonicum from the Netherlands is prohibited unless the ar- (Approved by the Office of Management and ticle is accompanied, at the time of ar- Budget under control number 0579–0049) rival at the port of first arrival in the (44 U.S.C. 35) United States, by a phytosanitary cer- tificate of inspection, containing an ac- [45 FR 31585, May 13, 1980; 45 FR 35305, May curate additional declaration that the 27, 1980, as amended at 45 FR 53450, Aug. 12, article is of a nonvariegated variety of 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, A. palmatum or A. japonicum. Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, (n) Any restricted article of Howea 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, spp. (sentry palm) from Australia or Oct. 1, 1996] New Zealand, is prohibited as specified in § 319.37–2(a) unless at the time of ar- § 319.37–6 Specific treatment and rival at the port of first arrival in the other requirements. United States the phytosanitary cer- (a) Seeds of Hibiscus spp. (hibiscus, tificate accompanying the article of rose mallow) and seeds of Abelmoschus Howea spp. contains both a declaration spp. (okra), from any foreign country of origin and a declaration stipulating or locality, at the time of importation that the Howea is free of the lethal into the United States, shall be treated yellowing pathogen and the cadang- for possible infestation with cadang pathogen, as well as any other Pectinophora gossypiella (Saunders) damaging palm pathogens, based on (pink bollworm) in accordance with the visual inspection. applicable provisions of the Plant Pro- (o) Any Solanum tuberosum true seed tection and Quarantine Treatment imported from Chile shall, at the time Manual.8 of arrival at the port of first arrival in the United States, be accompanied by a (b) Seeds of Lathyrus spp. (sweet pea, phytosanitary certificate of inspection peavine); Lens spp. (lentil); and Vicia issued in Chile by the Servicio Agricola spp. (fava bean, vetch) from countries y Ganadero (SAG), containing addi- and localities other than those in tional declarations that: North America and Central America, (1) The Solanum spp. true seed was at the time of importation into the produced by Solanum plants that were United States, shall be treated for pos- propagated from plantlets from the sible infestation with insects of the United States; family Bruchidae in accordance with (2) The Solanum plants that produced the applicable provisions of the Plant the Solanum tuberosum true seed were Protection and Quarantine Treatment grown in the Tenth (X) Region of Chile Manual. (that area of the country between 39° (c) Bulbs of Allium sativum (garlic) and 44° South latitude); and from Algeria, Austria, Czechoslovakia, (3) Solanum tuberosum tubers, plants, Egypt, France, Greece, Hungary, Iran, and true seed from each field in which the Solanum plants that produced the 8 See footnote 6 in § 319.37–4.
212
VerDate 20
Israel, Italy, Morocco, Portugal, Re- Protection and Quarantine Treatment public of South Africa, Spain, Switzer- Manual. land, Syria, Turkey, Union of Soviet [45 FR 31585, May 13, 1980; 45 FR 35305, May Socialist Republics, Federal Republic 27, 1980, as amended at 45 FR 49504, July 25, of Germany (West), or Yugoslavia at 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR the time of importation into the 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996] United States shall be treated for pos- sible infestation with Brachycerus spp. § 319.37–7 Postentry quarantine. and Dyspessa ulula (Bkh.) in accordance (a) The following restricted articles, with the applicable provisions of the from the designated countries and lo- Plant Protection and Quarantine calities, and any increase therefrom Treatment Manual. must be grown under postentry quar- (d) Seeds of Guizotia abyssinica (niger antine conditions specified in para- seed) from any foreign place, at the graphs (c) and (d) of this section, and time of arrival at the port of first ar- may be imported or offered for impor- rival, shall be heat treated for possible infestation with Cuscuta spp. in accord- tation into the United States only: ance with the applicable provisions of (1) If destined for a State that has the Plant Protection and Quarantine completed a State postentry quar- Treatment Manual. antine agreement in accordance with (e) Seeds of all species of the plant paragraph (c) of this section; family Rutaceae from Afghanistan, An- (2) If a postentry quarantine growing daman Islands, Argentina, Bangladesh, agreement has been completed and sub- Brazil, Burma, Caroline Islands, mitted to Plant Protection and Quar- Comoro Islands, Fiji Islands, Home Is- antine in accordance with paragraph land in Cocos (Keeling) Islands, Hong (d) of this section. The agreement must Kong, India, Indonesia, Ivory Coast, be signed by the person (the importer) Japan, Kampuchea, Korea, Madagas- applying for a written permit for im- car, Malaysia, Mauritius, Mozambique, portation of the article in accordance Nepal, Oman, Pakistan, Papua New with § 319.37–3; and, Guinea, Paraguay, Peoples Republic of (3) If Plant Protection and Quar- China, Philippines, Reunion Island, antine has determined that the com- Rodriquez Islands, Ryukyu Islands, pleted postentry quarantine growing Saudi Arabia, Seychelles, Sri Lanka, agreement fulfills the applicable re- Taiwan, Thailand, Thursday Island, quirements of this section and that United Arab Emirates, Uruguay, Viet- services by State inspectors are avail- nam, Yemen (Sanaa), and Zaire, at the able to monitor and enforce the time of arrival at the port of first ar- postentry quarantine: rival in the United States shall be treated for possible infection with cit- Restricted Article (ex- Foreign Country(ies) or Locality(ies) rus canker by being immersed in water cluding seeds) from which imported at 125 °F (51.6 °C) or higher for 10 min- Abelmoschus spp. All except Africa, Bangladesh, utes, and then immersed for a period of (okra). Brazil, Canada, India, Iraq, Papua at least 2 minutes in a solution con- New Guinea, Sri Lanka, and Trin- taining 200 parts per million sodium idad and Tobago. Acacia spp. (acacia) ... All except Australia, Canada, and hypochlorite at a pH of 6.0 to 7.5. Oceania. (f) Seeds of Castanea and Quercus Acer spp. (maple) ...... All except Canada, Europe, and from all countries except Canada and Japan. Actinidia spp. (Chinese All except Australia, Canada, Mexico at the time of arrival at the gooseberry, kiwi). Japan, New Zealand, and Tai- port of first arrival in the United wan. States shall be treated for possible in- Aesculus spp. All except Canada, Czechoslovakia, festation with Curculio elephas (horsechestnut). Federal Republic of Germany, Romania, and the United King- (Cyllenhal), C. nucum L., Cydia dom. (Laspeyresia) splendana Hubner, Althaea spp. (althaea, All except Africa, Bangladesh, Can- Pammene fusciana L. (Hemimene juliana hollyhock). ada, India, and Sri Lanka. (Curtis)) and other insect pests of chestnut and acorn in accordance with the applicable provisions of the Plant
213
VerDate 20
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
Berberis spp. (bar- All. Fragaria spp. (straw- All except Australia, Austria, Can- berry) destined to berry). ada, Czechoslovakia, France, any State except the Great Britain, Italy, Japan, Leb- eradication States anon, The Netherlands, New Zea- listed in § 301.38±2a land, Northern Ireland, Republic of this chapter of Ireland, Switzerland, and Union (plants of all species of Soviet Socialist Republics. and horticultural vari- Fraxinus spp (ash) ...... All except Canada and Europe. eties designated as Fruit and nut articles All except Canada. resistant to black listed by common stem rust in accord- name in paragraph ance with § 301.38±1 (b) of this section. of this chapter). Gladiolus spp. (gladio- All except Africa, Argentina, Brazil, Blighia sapida (akee) .. All except Canada, Ivory Coast, and lus) (except bulbs) Canada, France, Italy, Luxem- Nigeria. not meeting the con- bourg, Malta, Mauritius, Portugal, Bromeliaceae All. dition for importation Spain, and Uruguay. (bromeliads) des- in § 319.37±5(l). tined to Hawaii. Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, Cedrus spp. (cedar) .... All except Canada and Europe. hibiscus, rose mal- and India. Chaenomeles spp. Countries listed in § 319.37±5(b) ex- low). (flowering quince) cept Canada. Humulus spp. (hops) ... All. meeting the condi- Hydrangea spp. (hy- All except Canada and Japan. tions for importation drangea). in § 319.37±5(b). Jasminum spp. (jas- All except Canada, Belgium, Fed- Chrysanthemum spp. All except Argentina, Brazil, Can- mine). eral Republic of Germany, Great (chrysanthemum) ada, Canary Islands, Chile, Co- Britain, India, and the Philippines. meeting the condi- lombia, Europe, Republic of Juniperus spp. (juni- All except Canada and Europe. tions in § 319.37± South Africa, Uruguay, Ven- per). 5(c). ezuela, and all countries, terri- Larix spp. (larch) ...... All except Canada, Japan, and Eu- tories, and possessions of coun- rope. tries located in part or entirely be- Ligustrum spp. (privet) All except Canada and Europe. tween 90° and 180° East lon- gitude. Mahoberberis spp. All. destined to any Crataegus monogyna Europe. Jacq. (hawthorne, State except the thorneapple, red eradication States haw). listed in § 301.38±2a of this chapter Crocosmia spp. All except Africa, Argentina, Brazil, (plants of all species (montebretia) (ex- Canada, France, Italy, Luxem- and horticultural vari- cept bulbs) not bourg, Malta, Mauritius, Portugal, eties designated as meeting the condi- Spain, and Uruguay. resistant to black tions for importation stem rust in accord- in § 319.37±5(l). ance with § 301.38±1 Cydonia spp. (quince) Countries listed in § 319.37±5(b) ex- of this chapter). meeting the condi- cept Canada. Mahonia spp. All. tions for importation (mahonia) destined in § 319.37±5(b). to any State except Datura spp...... All except Canada, Colombia and the eradication India. States listed in Dendranthema spp. All except Argentina, Brazil, Can- § 301.38±2a of this (chrysanthemum) ada, Canary Islands, Chile, Co- chapter (plants of all meeting the condi- lombia, Europe, Republic of species and horti- tions in § 319.37± South Africa, Uruguay, Ven- cultural varieties 5(c). ezuela, and all countries, terri- designated as resist- tories, and possessions of coun- ant to black stem tries located in part or entirely be- rust in accordance tween 90° and 180° East lon- with § 301.38±1 of gitude. this chapter). Dianthus spp. (carna- Great Britain, unless exempted from Malus spp. (apple, Countries listed in § 319.37±5(b) ex- tion, sweet-william). postentry quarantine conditions crabapple) meeting cept Canada. pursuant to § 319.37±5(d), and all the conditions for im- other countries and localities ex- portation in cept Canada. § 319.37±5(b). Eucalyptus spp ...... All except Canada, Europe, Sri Mespilus germanica Countries listed in § 319.37±5(b) ex- Lanka, and Uruguay. (medlar). cept Canada. Euonymus spp. All except Canada, Japan, and Eu- Morus spp. (mulberry) All except Canada, India, Japan, (euonymus). rope. Korea, People's Republic of China, Thailand, and the geo- graphic area formerly known as the Union of Soviet Socialist Re- publics.
214
VerDate 20
Restricted Article (ex- Foreign Country(ies) or Locality(ies) Carica— papaya, pawpaw cluding seeds) from which imported Carissa— natal plum Ceratonia— St. Johnsbread Nut and fruit articles Chrysobalanus— coco plum (see fruit and nut ar- ticles). Chrysophyllum— starapple Passiflora spp. (pas- All except Canada. Corylus— filbert, hazel, hazelnut, cobnut sion fruit, granadilla). Crataegus— hawthorne Philadelphus spp. All except Canada and Europe. Diospyros— persimmon, kaki, mabola (mock orange). Durio— durian Picea spp. (spruce) ..... All except Canada, Europe, Japan, Eriobotrya— loquat, Japanese medlar, Jap- and Siberia. anese plum Pinus spp. (pine) (2-or- All except Canada, Europe, and Euphoria— longan 3 leaved). Japan. Eugenia— roseapple, Malayapple, Populus spp. (aspen, All except Canada and Europe. cottonwood, poplar). Curacaoapple Prunus spp. (almond, Countries listed in § 319.37±5(b) ex- Feijoa— feijoa, pineapple guava (except apricot, cherry, cher- cept Canada. from New Zealand if accompanied by a ry laurel, English lau- phytosanitary certificate of inspection in ac- rel, nectarine, peach, cordance with § 319.37–5(k)) plum, prune) meet- Ficus— fig ing the conditions for Garcinia— mangosteen, gourka importation in § 319.37±5(b). Juglans— walnut, butternut, heartnut, Pseudolarix spp. (gold- All except Canada, Japan, and Eu- regranut, buartnut en larch). rope. Lansium— langsat Pseudotsuga spp. All except Canada and Europe. Litchi— lychee, leechee (Douglas fir). Macadamia— macadamia nut, queensland Pyrus spp. (pear) Countries listed in § 319.37±5(b) ex- nut meeting the condi- cept Canada. Malpighia— Barbados cherry tions for importation in § 319.37±5(b). Mammea— mammeapple, mamey Quercus spp. (oak) ..... All except Canada and Japan. Mangifera— mango Ribes spp. (currant, All except Canada and Europe. Manilkara— sapodilla gooseberry). Melicoccus— honeyberry, mamoncilla, Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- spanish lime, genip ada, Italy, and New Zealand. Nephelium— rambutan, pulasan Rubus spp. All unless exempted from postentry Olea— olive (cloudberry, black- quarantine conditions pursuant to berry, boysenberry, § 319.37±5(e). Persea— avocado, alligator pear dewberry, logan- Phoenix— date berry, raspberry). Phyllanthus— otaheite-gooseberry Salix spp. (willow) ...... Europe except Federal Republic of Pistacia— pistachio Germany (West), German Demo- Psidium— guava, guayala cratic Republic (East), Great Brit- Punica— pomegranate, granada ain, and The Netherlands. Pyronia— quinpear Sorbus spp. (mountain All except Canada, Czechoslovakia, Rhodomyrtus— hill gooseberry, rose myrtle ash). Denmark, and Federal Republic of Germany. Spondias— yellow mombin, red mombin, Syringa spp. (lilac) ...... The Netherlands, if the articles hog plum meet the conditions for importa- Syzygium— Malayapple, rose apple, java tion in § 319.37±5(i), and all other plum places except Canada and Eu- Vaccinium— blueberry, cranberry rope. Ziziphus— jujube Ulmus spp. (elm) ...... All except Canada and Europe. Watsonia spp. (bugle All except Africa, Argentina, Brazil, (c) State Postentry quarantine agree- lily) (except bulbs) Canada, France, Italy, Luxem- ment. (1) Articles required to undergo not meeting the con- bourg, Malta, Mauritius, Portugal, ditions for importa- Spain, and Uruguay. postentry quarantine in accordance tion in § 319.37±5(l). with this section may only be imported if destined for postentry quarantine (b) Fruit and nut articles (common growing in a State which has entered names are listed after scientific into a written agreement with the Ani- names). mal and Plant Health Inspection Serv- ice, signed by the Administrator or his Achras—(Synonym for Manilkara) or her designee and by the State Plant Annona— custard apple, cherimoya, Regulatory Official. In accordance with sweetsop, sugarapple, soursop, bullock’s the laws of individual States, inspec- heart, alligator apple, suncoya, ilama, guanabana, pond apple tion and other postentry quarantine Anacardium— cashew services provided by a State may be Artocarpus— breadfruit, jackfruit subject to charges imposed by the Averrhoa— carambola State.
215
VerDate 20
(i) The following States have entered Quarantine any propagation or in- into a postentry quarantine agreement crease in the number of plants that oc- in accordance with this paragraph: curs during postentry quarantine. [Reserved] (3) In any such written agreement, (2) In any such written agreement, the Administrator shall agree to: the State shall agree to: (i) Seek State review of permit appli- (i) Establish State regulations and cations for postentry quarantine mate- requirements prior to the effective rial in that State, and issue permits date of the agreement and enforce such only after determining that State serv- regulations and requirements nec- ices are available to monitor the essary to inspect sites and plants grow- postentry quarantine; ing in postentry quarantine and to (ii) Upon request of the State, pro- monitor and enforce compliance with vide training, technical advice, and postentry quarantine growing in ac- pest identification services to State of- cordance with this section; ficials involved in providing postentry (ii) Review pending permit applica- quarantine services in accordance with tions for articles to be grown under this section; postentry quarantine conditions in the (iii) Notify State officials, in writing State, upon request of Plant Protec- and within ten days of the arrival, tion and Quarantine, and report to the when plant material destined for Postentry Quarantine Unit of Plant postentry quarantine in their State ar- Protection and Quarantine whether the rives in the United States, and notify State would be able to provide inspec- tion and monitoring services for the State officials in writing when mate- proposed postentry quarantine; rials in postentry quarantine may be (iii) Provide the services of State in- released from quarantine in their spectors to: inspect sites to be used for State. postentry quarantine; report to the (4) Termination of State postentry quar- Postentry Quarantine Unit of Plant antine agreement. A State postentry Protection and Quarantine whether the quarantine agreement may be termi- site is of adequate size to contain the nated by either the Administrator or number of plants proposed for importa- the State Plant Regulatory Official by tion, including potential increase if in- giving written notice of termination to crease is allowed; inspect plants for the other party. The effective date of evidence of exotic pests at least once the termination will be 60 days after during the first year and once during the date of actual receipt of notice, the second year for plants required to with regard to future importation to be grown in postentry quarantine for 2 that State of articles requiring years, and at least once for plants re- postentry quarantine in accordance quired to be grown in quarantine for with this section. When a postentry less than 2 years; and monitor and en- quarantine agreement is terminated by force compliance with the require- either the State Plant Regulatory Offi- ments of this section during the use of cial or the Administrator, APHIS and the sites for postentry quarantine; the affected State shall continue to (iv) Report to the Postentry Quar- provide postentry quarantine services antine Unit of Plant Protection and in accordance with the postentry quar- Quarantine any evidence of plant pests antine agreement, until the time the that are now know to exist in the plant material is eligible to be released United States and that are found at a from quarantine, for all postentry postentry quarantine site by State in- quarantine material already in the spectors; recommend to Plant Protec- State, and for all postentry quarantine tion and Quarantine safeguards or material that arrives in the State prior mitigation measures to control the to the effective date of termination. pests; and supervise the application of (d) Postentry quarantine growing agree- safeguards or mitigation measures ap- ments. Any restricted article required proved by Plant Protection and Quar- to be grown under postentry quar- antine; and antine conditions, as well as any in- (v) Report to the Postentry Quar- crease therefrom, shall be grown in ac- antine Unit of Plant Protection and cordance with a postentry quarantine
216
VerDate 20
growing agreement signed by the per- other person; to retain the abnormal or son (the importer) applying for a writ- dead article for at least 60 days follow- ten permit in accordance with § 319.37– ing that date of notification; and to 3 for importation of the article and give the abnormal or dead article to an submitted to Plant Protection and inspector upon request; Quarantine. On each postentry quar- (7) To grow the article or increase antine growing agreement, APHIS therefrom, if an article of Rubus spp. shall also obtain the signature of the (cloudberry, blackberry, boysenberry, State Plant Regulatory Official for the dewberry, loganberry, raspberry) from State in which regulated articles cov- Europe, only in a screenhouse with ered by the agreement will be grown. screening of a minimum of 16 mesh per The postentry quarantine growing inch; agreement shall specify the kind, num- (8) To grow the article or increase ber, and origin of plants to be im- therefrom, if an article of Chrysan- ported, and shall certify to APHIS and themum spp. (chrysanthemum) or to the State in which the articles are Dianthus spp. (carnation, sweet-wil- grown that the signer of the agreement liam), only in a greenhouse or other en- will comply with the following condi- closed building; and tions for the period of time specified (9) To comply with the above condi- below: tions for a period of 6 months after im- (1) To grow such article or increase portation for an article of Chrysan- therefrom only on specified premises themum spp. (chrysanthemum), for a owned, rented, or otherwise in posses- period of 1 year after importation for sion of the importer, within a space of an article of Dianthus spp. (carnation, dimensions designated by an inspector, sweet-william), and for a period of 2 and to move, propagate, or allow prop- years after importation for any other agation of the article or increase there- such articles. from or parts thereof only with the (e) A completed postentry quarantine written permission of an inspector and agreement shall accompany the appli- only to the extent prescribed by the in- cation for a written permit for an arti- spector; cle required to be grown under (2) To permit an inspector to have ac- postentry quarantine conditions. 9 cess to the specified premises for in- (f) Inspector-ordered disposal, move- spection of such article during regular ment, or safeguarding of restricted arti- business hours; cles; costs and charges, civil and criminal (3) To keep the article and any in- liabilities. crease therefrom identified with a label (1) Growing at unauthorized sites. If an showing the name of the article, port inspector determines that any article accession number, and date of importa- subject to the postentry quarantine tion; growing requirements of this section, (4) To keep the article separated or any increase therefrom, is being from any domestic plant or plant prod- grown at an unauthorized site, the in- uct of the same genus by no less than spector may file an emergency action 3 meters (approximately 10 feet); and notification (PPQ form 523) with the from any other imported plant or plant owner of the article or the person who product by the same distance; owns or is in possession of the site on (5) To allow or apply remedial meas- which the article is being grown. The ures (including destruction) deter- person named in the form 523 must, mined by an inspector to be necessary within the time specified in form 523, to prevent the spread of an injurious sign a postentry quarantine growing plant disease, injurious insect pest, or other plant pest; 9 Postentry quarantine agreement forms (6) To notify an inspector, orally or are available without charge from the Ani- in writing, within 30 days of the time mal and Plant Health Inspection Service, the importer or the person in charge of Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit the growing site finds any abnormality 136, Riverdale, Maryland 20737–1236, or local of the article, or the article dies or is offices of the Plant Protection and Quar- killed by the importer, the person in antine Programs which are listed in tele- charge of the growing site, or any phone directories.
217
VerDate 20
agreement, destroy, ship to a point with the kind of article (including in- outside the United States, move to an crease therefrom), the types of other authorized postentry quarantine site, host materials for the pest in or near and/or apply treatments or other safe- the growing site, the climate and sea- guards to the article, the increase son at the site in relation to the pest’s therefrom, or any portion of the article survival, and the availability of treat- or the increase therefrom, as pre- ment facilities. scribed by an inspector to prevent the (3) Costs and charges. All costs pursu- introduction of plant pests into the ant to any action ordered by an inspec- United States. In choosing which ac- tor in accordance with this section tion to order and in setting the time shall be borne by the person who signed limit for the action, the inspector shall the postentry quarantine growing consider the degree of pest risk pre- agreement covering the site where the sented by the plant pest(s) associated articles were grown, or if no such with the kind of article (including in- agreement was signed, by the owner of crease therefrom), the types of other the articles at the growing site. host materials for the pest in or near (4) Civil and criminal liabilities. Any the growing site, the climate and sea- person who moves an article subject to son at the site in relation to the pest’s postentry quarantine growing require- survival, and the availability of treat- ments from the site specified for that ment facilities. article in an authorized postentry (2) Growing at authorized sites. If an quarantine growing agreement, or who inspector determines that any article, otherwise handles such an article con- or any increase therefrom, grown at a trary to the requirements of this sec- site specified in an authorized tion, shall be subject to such civil pen- postentry quarantine growing agree- alties and such criminal liabilities as ment is being grown contrary to the are provided by 18 U.S.C. 1001, 7 U.S.C. provisions of this section, including in 150gg and 163, or other applicable Fed- numbers greater than the number ap- eral statutes. proved by the postentry quarantine (g) State. As used in this section, growing agreement, or in a manner ‘‘State’’ means each of the 50 States of that otherwise presents a risk of intro- the United States, the District of Co- ducing plant pests into the United lumbia, Guam, Northern Mariana Is- States, the inspector shall issue an lands, Puerto Rico, the Virgin Islands emergency action notification (PPQ of the United States, and all other ter- form 523) to the person who signed the ritories and possessions of the United postentry quarantine growing agree- States. ment. That person shall be responsible (Approved by the Office of Management and for carrying out all actions specified in Budget under control number 0579–0049) the emergency action notification. The emergency action notification may ex- (44 U.S.C. 35) tend the time for which the articles [45 FR 31585, May 13, 1980; 45 FR 35305, May and the increase therefrom must be 27, 1980, as amended at 45 FR 81531, Dec. 11, grown under the postentry quarantine 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, conditions specified in the authorized 43150, Sept. 18, 1992; 58 FR 38267, July 16, 1993; postentry quarantine growing agree- 58 FR 41124, Aug. 2, 1993; 59 FR 67610, Dec. 30, ment, or may require that the person 1994; 61 FR 51210, Oct. 1, 1996] named in the notification must de- stroy, ship to a point outside the § 319.37–8 Growing media. United States, or apply treatments or (a) Any restricted article at the time other safeguards to the article, the in- of importation or offer for importation crease therefrom, or any portion of the into the United States shall be free of article or the increase therefrom, with- sand, soil, earth, and other growing in the time specified in the emergency media, except as provided in paragraph action notification. In choosing which (b), (c), (d) or (e) of this section. action to order and in setting the time (b) A restricted article from Canada, limit for the action, the inspector shall other than from Newfoundland or from consider the degree of pest risk pre- that portion of the Municipality of sented by the plant pest(s) associated Central Saanich in the Province of
218
VerDate 20
British Columbia east of the West seeds germinated in the greenhouse), Saanich Road, may be imported in any and must be: growing medium. (i) Grown in compliance with a writ- (c) A restricted article growing solely ten agreement between the grower and in agar or in other transparent or the plant protection service of the translucent tissue culture medium may country where the article is grown, in be imported established in such grow- which the grower agrees to comply ing media. with the provisions of this section and (d) Epiphytic plants (including orchid to allow inspectors, and representa- plants) established solely on tree fern tives of the plant protection service of slabs, coconut husks, or coconut fiber the country where the article is grown, may be imported on such growing access to the growing facility as nec- media. essary to monitor compliance with the (e) A restricted article of any of the provisions of this section; following groups of plants may be im- (ii) Grown solely in a greenhouse in ported established in an approved which sanitary procedures adequate to growing medium listed in this para- exclude plant pests and diseases are al- graph, if the article meets the condi- ways employed, including cleaning and tions of this paragraph, and is accom- disinfection of floors, benches and panied by a phytosanitary certificate tools, and the application of measures issued by the plant protection service to protect against any injurious plant of the country in which the article was diseases, injurious insect pests, and grown that declares that the article other plant pests. The greenhouse must meets the conditions of this paragraph: be free from sand and soil and must Alstroemeria, Ananas,10 Anthurium, Be- have screening with openings of not gonia, Gloxinia (= Sinningia), more than 0.6 mm on all vents and Nidularium,11 Peperomia, openings except entryways. All Polypodiophyta (=Filicales) (ferns), entryways must be equipped with auto- and Saintpaulia. matic closing doors; (1) Approved growing media are (iii) Rooted and grown in an active baked expanded clay pellets, cork, state of foliar growth for at least four glass wool, organic and inorganic fi- consecutive months immediately prior bers, peat, perlite, polymer stabilized to importation into the United States, starch, plastic particles, phenol form- in a greenhouse unit that is used solely aldehyde, polyethylene, polystyrene, for articles grown in compliance with polyurethane, rock wool, sphagnum this paragraph; moss, ureaformaldehyde, vermiculite, (iv) Grown from seeds germinated in or volcanic rock, or any combination of the greenhouse unit; or descended from these media. Growing media must not a mother plant that was grown for at have been previously used. least 9 months in the exporting coun- (2) Articles imported under this para- try prior to importation into the graph must be grown in compliance United States of the descendent plants, with a written agreement for enforce- provided that if the mother plant was ment of this section signed by the imported into the exporting country plant protection service of the country from another country, it must be: where grown and Plant Protection and (A) Grown for at least 12 months in Quarantine, must be developed from the exporting country prior to impor- mother stock that was inspected and tation of the descendent plants into found free from evidence of disease and the United States, or pests by an APHIS inspector or foreign (B) Treated at the time of importa- plant protection service inspector no tion into the exporting country with a more than 60 days prior to the time the treatment prescribed for pests of that article is established in the greenhouse plant by the plant protection service of (except for articles developed from the exporting country and then grown for at least 9 months in the exporting 10 These articles are bromeliads, and if im- country prior to importation of the de- ported into Hawaii, bromeliads are subject to scendent plants into the United States; postentry quarantine in accordance with (v) Watered only with rainwater that § 319.37–7. has been boiled or pasteurized, with
219
VerDate 20
clean well water, or with potable (ii) Grown throughout its growing pe- water; riod only in a coldroom (with tempera- (vi) Rooted and grown in approved tures not exceeding 9° C. (48° F.)) with- growing media listed in § 319.37–8(e)(1) in an enclosed building; on benches supported by legs and (iii) Grown only in a coldroom unit raised at least 46 cm above the floor; solely used for articles grown under all (vii) Stored and packaged only in the criteria specified in this paragraph areas free of sand, soil, earth, and plant (f); pests; and, (iv) Grown only in unused peat, (viii) Inspected in the greenhouse and sphagnum moss, or vermiculite grow- found free from evidence of plant pests ing media; or grown only in synthetic and diseases by an APHIS inspector or growing media or synthetic horti- an inspector of the plant protection cultural foams, i.e., plastic particles, service of the exporting country, no glass wool, organic and inorganic fi- more than 30 days prior to the date of bers, polyurethane, polystyrene, poly- export to the United States. ethylene, phenol formaldehyde, (f) A restricted article of Hyacinthus ureaformaldehyde; spp. (hyacinth) may be imported estab- (v) Watered only with clean rain- lished in unused peat, sphagnum moss, water that has been pasteurized, with or vermiculite growing media, or in clean well water, or with potable synthetic growing media or synthetic water; horticultural foams, i.e., plastic par- (vi) Grown in a coldroom free of sand, ticles, glass wool, organic and inor- soil, or earth; ganic fibers, polyurethane, poly- (vii) Grown only in a coldroom where styrene, polyethylene, phenol form- strict sanitary procedures are always aldehyde, or ureaformaldehyde: practiced, i.e., cleaning and disinfec- (1) If there is a written agreement be- tion of floors and tools and the applica- tween Plant Protection and Quarantine tion of measures to protect against any and the plant protection service of the injurious plant diseases, injurious in- country where the article is grown in sect pests, and other plant pests; and which the plant protection service of (viii) Stored only in areas found free the country where the article is grown of sand, soil, earth, injurious plant dis- agrees to implement a program in com- eases, injurious insect pests, and other pliance with the provisions of this sec- plant pests; tion; (4) If appropriate measures have been (2) If there is a written agreement be- taken to assure that the article is to be tween the grower of the article and the stored, packaged, and shipped free of plant protection service of the country injurious plant diseases, injurious in- in which the article is grown wherein sect pests, and other plant pests; the grower agrees to comply with the (5) If accompanied by a provisions of this section, wherein the phytosanitary certificate of inspection grower agrees to allow an inspector ac- containing an accurate additional dec- cess to the growing facility as nec- laration from the plant protection essary to monitor compliance with the service of the country in which grown provisions of this section, and wherein that the article meets conditions of the grower agrees to allow representa- growing, storing, and shipping in com- tives of the plant protection service of pliance with 7 CFR 319.37–8(f); and the country in which the article is (6) If the accompanying grown access to the growing facility as phytosanitary certificate of inspection necessary to make determinations con- is endorsed by a Plant Protection and cerning compliance with the provisions Quarantine inspector in the country of of this section; origin or at the time of offer for impor- (3) If: (i) Inspected immediately prior tation, representing a finding based on to the growing period by the plant pro- monitoring inspections that the condi- tection service of the country in which tions listed above are being met. the article is to be grown and found to (g) Pest risk evaluation standards for be free of injurious plant diseases, inju- plants established in growing media. rious insect pests, and other plant When evaluating a request to allow im- pests; portation of additional taxa of plants
220
VerDate 20
established in growing media, the Ani- (3) Conduct individual pest risk assess- mal and Plant Health Inspection Serv- ments. Each of the quarantine pests ice will conduct the following analysis identified by application of the criteria in determining the pest risks associ- in paragraph (g)(2) of this section will ated with each requested plant article be evaluated based on the following es- and in determining whether or not to timates: propose allowing importation into the (i) Estimate the probability the quar- United States of the requested plant antine pest will be on, with, or in the article. regulated article at the time of impor- (1) Collect commodity information. (i) tation; Determine the kind of growing me- (ii) Estimate the probability the dium, origin and taxon of the regulated quarantine pest will survive in transit article. on the regulated article and enter the (ii) Collect information on the meth- United States undetected; od of preparing the regulated article (iii) Estimate the probability of the for importation. quarantine pest colonizing once en- (iii) Evaluate history of past plant tered into the United States; pest interceptions or introductions (in- (iv) Estimate the probability of the cluding data from plant protection quarantine pest spreading beyond the services of foreign countries) associ- colonized area; and ated with each regulated article. (v) Estimate the actual and perceived (2) Catalog quarantine pests. For the economic, environmental and social regulated article specified in an appli- damage that would occur if the quar- cation, determine what plant pests or antine pest is introduced, colonizes, potential plant pests are associated and spreads. with the type of plant from which the (4) Determine overall estimation of risk regulated article was derived, in the based on compilation of component esti- country and locality of origin. A plant mates. This step will evaluate whether pest that meets one of the following the pest risk of importing a regulated criteria is a quarantine pest and will be article established in growing media, further evaluated in accordance with as developed through the estimates of paragraph (g)(3) of this section: paragraph (g)(3) of this section, is (i) Non-indigenous plant pest not greater than the pest risk of importing present in the United States; the regulated article with bare roots as (ii) Non-indigenous plant pest, allowed by § 319.37–8(a). present in the United States and capa- (i) If the pest risk is determined to be ble of further dissemination in the the same or less, the regulated article United States; established in growing media will be (iii) Non-indigenous plant pest that is allowed importation under the same present in the United States and has conditions as the same regulated arti- reached probable limits of its ecologi- cle with bare roots. cal range, but differs genetically from (ii) If the pest risk is determined to the plant pest in the United States in a be greater for the regulated article es- way that demonstrates a potential for tablished in growing media, APHIS will greater damage potential in the United evaluate available mitigation measures States; to determine whether they would allow (iv) Native species of the United safe importation of the regulated arti- States that has reached probable limits cle. Mitigation measures currently in of its ecological range, but differs ge- use as requirements of this subsection, netically from the plant pest in the and any other mitigation methods rel- United States in a way that dem- evant to the regulated article and onstrates a potential for greater dam- plant pests involved, will be compared age potential in the United States; or with the individual pest risk assess- (v) Non-indigenous or native plant ments in order to determine whether pest that may be able to vector an- requiring particular mitigation meas- other plant pest that meets one of the ures in connection with importation of criteria in (g)(2)(i) through (iv) of this the regulated article would reduce the section. pest risk to a level equal to or less
221
VerDate 20
than the risk associated with import- Volcanic rock. ing the regulated article with bare [45 FR 31585, May 13, 1980, as amended at 57 roots as allowed by § 319.37–8(a). If FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, APHIS determines that use of particu- 1995] lar mitigation measures could reduce the pest risk to this level, and deter- § 319.37–10 Marking and identity. mines that sufficient APHIS resources (a) Any restricted article for impor- are available to implement or ensure tation other than by mail, at the time implementation of the appropriate of importation or offer for importation mitigation measures, APHIS will pro- into the United States shall plainly pose to allow importation into the and correctly bear on the outer con- United States of the requested regu- tainer (if in a container) or the re- lated article if the appropriate mitiga- stricted article (if not in a container) tion measures are employed. the following information: (Secs. 1, 5 and 9, 37 Stat. 315, 316, and 318, as (1) General nature and quantity of amended; sec. 105, 71 Stat. 32 (7 U.S.C. 154, the contents, 159, 162, 150ee); 37 FR 28464, 28477, as amend- (2) Country and locality where ed; 38 FR 19141) grown, [45 FR 31585, May 13, 1980, and 47 FR 3087, (3) Name and address of shipper, Jan. 22, 1982, as amended at 57 FR 43151, Sept. owner, or person shipping or forward- 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, ing the article, Oct. 1, 1996] (4) Name and address of consignee, § 319.37–9 Approved packing material. (5) Identifying shipper’s mark and number, and Any restricted article at the time of (6) Number of written permit author- importation or offer for importation izing the importation if one was issued. into the United States shall not be (b) Any restricted article for impor- packed in a packing material unless tation by mail shall be plainly and cor- the plants were packed in the packing rectly addressed and mailed to the material immediately prior to ship- Plant Protection and Quarantine Pro- ment; such packing material is free grams at a port of entry listed in from sand, soil, or earth (except for § 319.37–14, shall be accompanied by a sand designated below); has not been separate sheet of paper within the used previously as packing material or package plainly and correctly bearing otherwise; and is listed below: the name, address, and telephone num- Baked or expanded clay pellets. ber of the intended recipient, and shall Buckwheat hulls. plainly and correctly bear on the outer Coral sand from Bermuda, if the article container the following information: packed in such sand is accompanied by a (1) General nature and quantity of phytosanitary certificate of inspection con- the contents, taining an accurate additional declaration from the plant protection service of Bermuda (2) Country and locality where that such sand was free from soil. grown, Excelsior. (3) Name and address of shipper, Exfoliated vermiculite. owner, or person shipping or forward- Ground cork. ing the article, and Ground peat. (4) Number of written permit author- Ground rubber. izing the importation, if one was Paper. issued. Perlite. (c) Any restricted article for impor- Polymer stabilized cellulose. tation (by mail or otherwise), at the Quarry gravel. time of importation or offer for impor- Rock wool. tation into the United States shall be Sawdust. accompanied by an invoice or packing Shavings—wood or cork. list indicating the contents of the ship- Sphagnum moss. ment. Vegetable fiber when free of pulp, includ- ing coconut fiber and Osmunda fiber, but ex- (Approved by the Office of Management and cluding sugarcane fiber and cotton fiber. Budget under control number 0579–0049)
222
VerDate 09
(44 U.S.C. 35) tion facility, except that an importer [45 FR 31585, May 13, 1980, as amended at 48 may have such treatment performed at FR 57466, Dec. 30, 1983] a nongovernmental facility if the treatment is performed at nongovern- § 319.37–11 Arrival notification. ment expense under the supervision of Promptly upon arrival of any re- an inspector and in accordance with stricted article at a port of entry, the any applicable treatment requirements importer shall notify the Plant Protec- of this subpart and in accordance with tion and Quarantine Programs of the any treatment required by an inspector arrival by such means as a manifest, as an emergency measure in order to Customs entry document, commercial prevent the dissemination of any inju- invoice, waybill, a broker’s document, rious plant disease, injurious insect or a notice form provided for that pur- pest, or other plant pest, new to or not pose. theretofore known to be widely preva- (Approved by the Office of Management and lent or distributed within and through- Budget under control number 0579–0049) out the United States. However, treat- ment may be performed at a non- (44 U.S.C. 35) governmental facility only in cases of [45 FR 31585, May 13, 1980, as amended at 48 unavailability of government facilities FR 57466, Dec. 30, 1983] and only if, in the judgment of an in- § 319.37–12 Prohibited articles accom- spector, such article can be transported panying restricted articles. to such nongovernmental facility with- out the risk of introduction into the A restricted article for importation United States of injurious plant dis- into the United States shall not be packed in the same container as an ar- eases, injurious insect pests, or other ticle prohibited importation into the plant pests. United States by this part or part 321. [45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. § 319.37–13 Treatment and costs and 13, 1995; 61 FR 51210, Oct. 1, 1996] charges for inspection and treat- ment. § 319.37–14 Ports of entry. (a) The services of a Plant Protection (a) Any restricted article required to and Quarantine inspector during regu- be imported under a written permit larly assigned hours of duty and at the pursuant to § 319.37–3(a) (1) through (6) usual places of duty shall be furnished of this subpart, shall be imported or of- without cost to the importer. 11 No fered for importation only at a port of charge will be made to the importer for Government owned or controlled spe- entry designated by an asterisk in cial inspection facilities and equipment paragraph (b) of this section; any other used in treatment, but the inspector restricted article shall be imported or may require the importer to furnish offered for importation at any port of any special labor, chemicals, packing entry listed in paragraph (b) of this materials, or other supplies required in section. handling an importation under the reg- (b) Any restricted article from Can- ulations in this subpart. The Plant ada not required to be imported under Protection and Quarantine Programs a written permit pursuant to § 319.37– will not be responsible for any costs or 3(a) (1) through (6) of this subpart may charges, other than those indicated in be imported at any port of entry listed this section. in this paragraph, or at any Customs (b) Any treatment performed in the designated port of entry on the United United States on a restricted article States-Canada border (Customs des- shall be performed by an inspector or ignated ports of entry are listed in 19 under an inspector’s supervision at a CFR part 101). government-operated special inspec- LIST OF PORTS OF ENTRY 11 Provisions relating to costs for other Ports with special inspection and treat- services of an inspector are contained in part ment facilities (plant inspection stations) 354. are indicated by an asterisk (*).
223
VerDate 20
ALABAMA Travis AFB
Mobile P.O. Box 1448, Travis Air Force Base, Fair- field, CA 94535. Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413, Mobile, AL 36601. COLORADO
ALASKA Denver Anchorage Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033. Annex P.O. Box 6191, International Airport, Anchorage, AK 99502. CONNECTICUT
ARIZONA Wallingford *Nogales Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492. Federal Inspection Station, Nogales, AZ 85621. DELAWARE
Phoenix Dover AFB Sky Harbor Airport, 3300 Sky Harbor Boule- Building 500 (USDA), Dover Air Force Base, vard, Phoenix, AZ 85034. DE 19901.
San Luis Wilmington U.S. Border Station, P.O. Box 37, San Luis, Federal Building, room 1218A, 844 King AZ 85349. Street, Box 03, Wilmington, DE 19801.
Tucson DISTRICT OF COLUMBIA Tucson International Airport, Tucson, AZ Dulles International Airport 85706. (See Virginia) CALIFORNIA FLORIDA Calexico Cape Canaveral Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, Calexico, CA 120 George King Boulevard, P.O. Box 158, 92231. Cape Canaveral, FL 32920.
*Los Angeles Jacksonville 9650 LaCienega Boulevard, Building D North, Federal Building, room 521, 400 West Bay Inglewood, CA 90301. Street, P.O. Box 35003, Jacksonville, FL 32202. (Airport) World Way Center Post Office, International Key West Arrivals Area, Satellite 2, P.O. Box 90429, Federal Building, room 226, 301 Simonton Los Angeles International Airport, Los An- Street, P.O. Box 1486, Key West, FL 33040. geles, CA 90009. *Miami *San Diego Miami Inspection Station, 3500 NW. 62nd Av- U.S. Border Station, P.O. Box 43L, San enue, P.O. Box 59–2136, Miami, FL 33159. Ysidro, CA 92073. FAA & NWS Building, Box 59–2647 AMF, Miami, FL 33159. *San Francisco Amman Building, room 305, 611 Eisenhower Plant Inspection Station, San Francisco Boulevard, P.O. Box 13033, Fort Lauder- International Airport, San Francisco, CA dale, FL 33316. (NOTE: Restricted articles 94128. required to be imported under a written San Francisco International Airport, P.O. permit pursuant to § 319.37–3(a)(1) through Box 8026, Airport Station, San Francisco, (6) of this subpart must be moved by CA 94128. ground transportation and under U.S. Cus- 101 Agriculture Building, Embarcadero at toms bond to the Miami Inspection Sta- Mission Street, P.O. Box 7673, San Fran- tion.) cisco, CA 94120. *Orlando *San Pedro Orlando Plant Inspection Station, 9317 (See Los Angeles) Tradeport Drive, Orlando, FL 32827.
224
VerDate 20
Pensacola LOUISIANA
Federal Building, room 105, 100 North Baton Rouge Palafax Street, P.O. Box 12561, Pensacola, FL 32573. 750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton Rouge, LA Tampa 70821.
700 Twiggs Street, room 504, P.O. Box 266, *New Orleans Tampa, FL 33601. New Orleans International Airport, P.O. Box West Palm Beach 20037, Airport Mailing Facility, New Orle- ans, LA 70140. 158 Port Road, P.O. Box 10611, Riviera Beach, F. Edward He˘≤bert Building, P.O. Box 2220, FL 33404. New Orleans, LA 70176.
(Airport) MAINE Palm Beach International Airport, Port of Entry Building, West Palm Beach, FL Bangor (Airport) 33406. International Arrivals Building, Bangor International Airport, Bangor, ME 04401. GEORGIA Portland Atlanta U.S. Courthouse, 156 Federal Street, room Hapeville Branch Post Office, Basement, 650 309, Portland, ME 04101. Central Avenue, P.O. Box 82369, Hapeville, GA 30354. MARYLAND
Savannah Baltimore U.S. Court House & Federal Building, room Appraisers Stores Building, room 506, 103 B–9, 125–126 Bull Street, P.O. Box 9268, Sa- South Gay Street, Baltimore, MD 21202. vannah, GA 31402. (Airport) GUAM Foreign Arrivals Building, Baltimore Wash- Agana ington International Airport, Baltimore, MD 21240. P.O. Box 2950, Agana, GU 96910. Beltsville HAWAII Plant Germplasm Quarantine Center (for Hilo USDA shipments only), Building 320, Belts- ville, Agricultural Research Center East, General Lyman Field, Hilo, HI 96720. Beltsville, MD 20705.
*Honolulu (Airport) MASSACHUSETTS Honolulu International Airport, Inter- Boston national Arrivals Building, Ewa end, Ground Level, P.O. Box 29757, Honolulu, HI Room 4, U.S. Custom House, Boston, MA 96820. 02109.
Wailuku, Maui (Airport) Federal Post Office Building, room 211, Logan International Airport, East Boston, Wailuku, HI 96793. MA 02128.
ILLINOIS MICHIGAN
Chicago Detroit U.S. Custom House, room 800, 610 South International Terminal, room 228, Metropoli- Canal Street, Chicago, IL 60607. tan Airport, Detroit, MI 48242.
(Airport) MINNESOTA O’Hare International Arrivals Building, P.O. Duluth Box 66192, Chicago, IL 60666. Board of Trade Building, room 420, 301 West First Street, Duluth, MN 55802.
225
VerDate 20
St. Paul OREGON
Minneapolis-St. Paul International Airport, Astoria International Charter Terminal, P.O. Box 1690, St. Paul, MN 55111. Port Docks, P.O. Box 354, Astoria, OR 97103.
MISSOURI Coos Bay
Kansas City (Airport) U.S. Postal Services Building, 235 West An- derson Street, P.O. Box 454, Coos Bay, OR Kansas City International Airport, P.O. Box 97420. 20085, Kansas City, MO 64195. Portland St. Louis International Airport Federal Building, room 657, 511 NW. Broad- P.O. Box 858, St. Charles, MO 63301. way, Portland, OR 97209.
NEW JERSEY PENNSYLVANIA
*Hoboken Philadelphia 209 River Street, Hoboken, NJ 07030. Custom House, room 1004, 2nd and Chestnut McGuire AFB Streets, Philadelphia, PA 19106. Building 1706, Passenger Terminal, Customs PUERTO RICO Area, P.O. Box 16073, McGuire Air Force Base, NJ 08641. Mayaguez P.O. Box 3269, Marina Station, Mayaguez, PR NEW YORK 00708. Albany Ponce 80 Wolf Road, Suite 503, Albany, NY 12205. P.O. Box 68, Ponce Playa Station, Ponce, PR Buffalo 00731. Federal Building, room 1113, 111 West Huron Hato Rey Street, Buffalo, NY 14202. Federal Office Building & U.S. Court House, New York room 206, Hato Rey, PR 00918. 26 Federal Plaza, room 1747, New York, NY Roosevelt Roads 10007. Roosevelt Roads Naval Station, P.O. Box *Jamaica 3008, Air Operations, FPO Miami, FL 34051. John F. Kennedy International Airport, *San Juan Plant Inspection Station, Cargo Building 80, Jamaica, NY 11430. Isla Verde International Airport, Foreign Ar- rivals Wing, San Juan, PR 00904. International Arrivals Building, room 2315, John F. Kennedy International Airport. RHODE ISLAND
Rouses Point Warwick St. John’s Highway Border Station, room 48 Quaker Lane, West Warwick, RI 02893. 118, Route 9B, P.O. Box 278, Rouses Point, NY 12979. SOUTH CAROLINA
NORTH CAROLINA Charleston
Morehead City Room 513 Federal Building, P.O. Box 941, Charleston, SC 29402. Room 216, 113 Arendell, P.O. Box 272, More- head City, NC 28557. TENNESSEE
Wilmington Memphis Rural Route 6, Box 53D, Wilmington, NC Room 801 Mid Memphis Tower, 1407 Union 28405. Avenue, Memphis, TN 38104.
OHIO TEXAS
Cleveland *Brownsville Federal Building, room 1749, 1240 East 9th Border Services Building, room 224 (Gateway Street, Cleveland, OH 44199. Bridge), East Elizabeth and International
226
VerDate 20
Boulevard, P.O. Box 306, Brownsville, TX San Antonio 78520. International Satellite, room 15–S, 9700 Air- Corpus Christi port Boulevard, San Antonio, TX 78216.
807 Petroleum Tower, 811 Carancahua Street, VIRGIN ISLANDS OF THE UNITED STATES P.O. Box 245, Corpus Christi, TX 78403. St. Thomas Dallas-Fort Worth (Airport) Room 227, Federal Building, P.O. Box 8119, Dallas-Fort Worth Airport, P.O. Box 61063, St. Thomas, Virgin Islands of the U.S. Dallas-Ft. Worth Airport, TX 75261. 00801.
Del Rio (Airport) U.S. Border Inspection Station, room 135, Harry S. Truman Airport, Main Terminal International Bridge, P.O. Box 1227, Del Building, St. Thomas, Virgin Islands of the Rio, TX 78840. U.S. 00801.
Eagle Pass St. Croix U.S. Border Station, 160 Garrison Street, Drawer 1548, Kingshill, St. Croix, Virgin Is- P.O. Box P, Eagle Pass, TX 78852. lands of the U.S. 00850. *El Paso VIRGINIA Cordova Border Station, room 172–A, 3600 East Paisano, El Paso, TX 79905. Chantilly (Airport) Dulles International Airport, International Galveston Arrivals Area, P.O. Box 17134, Washington, Room 402, U.S. Post Office Building, 601 DC 20041. Rosenberg Street, P.O. Box 266, Galveston, TX 77553. Newport News
Hidalgo P.O. Box 942, Newport News, VA 23607. U.S. Border Station, Bridge Street, P.O. Norfolk Drawer R, Hidalgo, TX 78557. Federal Building, room 311, 200 Granby Mall, *Houston Norfolk, VA 23510.
(Airport) Houston Plant Inspection Station, WASHINGTON 3016 McKaughan, Houston, TX 77032. U.S. Appraisers Stores Building, room 210 Blaine 7300 Wingate Street, Houston, TX 77011. Custom House, room 216, P.O. Drawer C, Laredo Blaine, WA 98230. La Posada Motel, rooms L8–13, 1000 Zaragoza McChord AFB Street, P.O. Box 277, Laredo, TX 78040. Juarez-Lincoln International Bridge, 101 MAC Terminal, P.O. Box 4116, McChord Air Santa Ursela, Laredo, TX 78040. Force Base, Tacoma, WA 98438. U.S. International Bridge No. 1, 100 Convent *Seattle Avenue, Laredo, TX 78040. Federal Office Building, room 9014, 909 First Port Arthur Avenue, Seattle, WA 98174. Federal Building, room 201, Fifth Street & (Airport) Austin Avenue, P.O. Box 1227, Port Arthur, TX 77640. Seattle-Tacoma International Airport, Se- attle, WA 98158. Presidio U.S. Border Station, International Bridge, WISCONSIN P.O. Box 1001, Presidio, TX 79845. Milwaukee Progreso International Arrivals Terminal, General Custom House Building, Progreso Inter- Mitchell Field, 5300 South Howell Avenue, national Bridge, Progreso, TX 78579. Milwaukee, WI 53207. [45 FR 31585, May 13, 1980, as amended at 54 Roma FR 34133, Aug. 18, 1989; 57 FR 47978, Oct. 21, International Bridge, P.O. Box 185, Roma, 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, TX 78584. Oct. 1, 1996]
227
VerDate 20
Subpart—Logs, Lumber, and Other Humus, compost, and litter. Partially Unmanufactured Wood Articles or wholly decayed plant matter. Import (imported, importation). To bring or move into the territorial lim- SOURCE: 60 FR 27674, May 25, 1995, unless otherwise noted. its of the United States. Importer document. A written declara- § 319.40–1 Definitions. tion signed by the importer of regu- lated articles, which must accompany Administrator. The Administrator of the regulated articles at the time of the Animal and Plant Health Inspec- tion Service, United States Depart- importation, in which the importer ac- ment of Agriculture, or any employee curately declares information about of the United States Department of Ag- the regulated articles required to be riculture delegated to act in his or her disclosed by § 319.40–2(b). stead. Inspector. Any individual authorized APHIS. The Animal and Plant Health by the Administrator to enforce this Inspection Service, United States De- subpart. partment of Agriculture. Log. The bole of a tree; trimmed tim- Bark chips. Bark fragments broken or ber that has not been sawn further shredded from log or branch surfaces. than to form cants. Certificate. A certificate of inspection Loose wood packing material. Excelsior relating to a regulated article, which is (wood wool), sawdust, and wood issued by an official authorized by the shavings, produced as a result of saw- national government of the country in ing or shaving wood into small, slen- which the regulated article was pro- der, and curved pieces. duced or grown, which contains a de- Lot. All the regulated articles on a scription of the regulated article, single means of conveyance that are which certifies that the regulated arti- derived from the same species of tree cle has been inspected, is believed to be and were subjected to the same treat- free of plant pests, and is believed to be ments prior to importation, and that eligible for importation pursuant to are consigned to the same person. the laws and regulations of the United Lumber. Logs that have been sawn States, and which may contain any into boards, planks, or structural mem- specific additional declarations re- bers such as beams. quired under this subpart. Permit. A specific permit to import a Compliance agreement. A written regulated article issued in accordance agreement between APHIS and a per- with § 319.40–4, or a general permit pro- son engaged in processing, handling, or mulgated in § 319.40–3. moving regulated articles, in which the Plant pest. Any living stage of any in- person agrees to comply with require- sects, mites, nematodes, slugs, snails, ments contained in the agreement. protozoa, or other invertebrate ani- Departmental permit. A document mals, bacteria, fungi, other parasitic issued by the Administrator authoriz- plants or reproductive parts of para- ing the importation of a regulated arti- sitic plants, noxious weeds, viruses, or cle for experimental, scientific, or edu- any organism similar to or allied with cational purposes. any of the foregoing, or any infectious Free from rot. No more than two per- substances, which can injure or cause cent by weight of the regulated articles disease or damage in any plants, parts in a lot show visual evidence of fruc- of plants, or any products of plants. tification of fungi or growth of other Port of first arrival. The area (such as microorganisms that cause decay and a seaport, airport, or land border sta- the breakdown of cell walls in the regu- tion) where a person or a means of con- lated articles. veyance first arrives in the United General permit. A written authoriza- States, and where inspection of regu- tion contained in § 319.40–3 for any per- lated articles is carried out by inspec- son to import the articles named by tors. the general permit, in accordance with Primary processing. Any of the follow- the requirements specified by the gen- ing processes: cleaning (removal of eral permit, without being issued a spe- soil, limbs, and foliage), debarking, cific permit. rough sawing (bucking or squaring),
228
VerDate 20
rough shaping, spraying with fungicide use as a protective or decorative or insecticide sprays, and fumigation. ground cover. Regulated article. The following arti- cles, if they are unprocessed or have re- § 319.40–2 General prohibitions and re- ceived only primary processing: logs; strictions; relation to other regula- lumber; any whole tree; any cut tree or tions. any portion of a tree, not solely con- (a) Permit required. Except for regu- sisting of leaves, flowers, fruits, buds, lated articles exempted from this re- or seeds; bark; cork; laths; hog fuel; quirement by paragraph (c) of this sec- sawdust; painted raw wood products; tion or § 319.40–3, no regulated article excelsior (wood wool); wood chips; may be imported unless a specific per- wood mulch; wood shavings; pickets; mit has been issued for importation of stakes; shingles; solid wood packing the regulated article in accordance materials; humus; compost; and litter. with § 319.40–4, and unless the regulated Sealed container; sealable container. A article meets all other applicable re- completely enclosed container designed quirements of this subpart and any re- for the storage or transportation of quirements specified by APHIS in the cargo, and constructed of metal or fi- specific permit. berglass, or other rigid material, pro- (b) Importer document; documentation viding an enclosure which prevents the of type, quantity, and origin of regulated entrance or exit of plant pests and is articles. Except for regulated articles accessed through doors that can be exempted from this requirement by closed and secured with a lock or seal. paragraph (c) of this section or § 319.40– Sealed (sealable) containers are dis- 3, no regulated article may be imported tinct and separable from the means of unless it is accompanied by an im- conveyance carrying them. porter document stating the following Solid wood packing material. Wood information. A certificate that con- packing materials other than loose tains this information may be used in wood packing materials, used or for use lieu of an importer document at the op- with cargo to prevent damage, includ- tion of the importer: ing, but not limited to, dunnage, crat- (1) The genus and species of the tree ing, pallets, packing blocks, drums, from which the regulated article was cases, and skids. derived; Specific permit. A written document (2) The country, and locality if issued by APHIS to the applicant in ac- known, where the tree from which the cordance with § 319.40–4 that authorizes regulated article was derived was har- importation of articles in accordance vested; with this subpart and specifies or refers (3) The quantity of the regulated ar- to the regulations applicable to the ticle to be imported; particular importation. (4) The use for which the regulated Treatment Manual. The Plant Protec- article is imported; and tion and Quarantine Treatment Man- (5) Any treatments or handling of the ual, which is incorporated by reference regulated article required by this sub- at § 300.1 of this chapter in accordance part that were performed prior to ar- with 5 U.S.C. 552(a) and 1 CFR part 51. rival at the port of first arrival. Tropical hardwoods. Hardwood timber (c) Regulation of articles imported for species which grow only in tropical cli- propagation or human consumption. The mates. requirements of this subpart do not United States. All of the States of the apply to regulated articles that are al- United States, the District of Colum- lowed importation in accordance with bia, Guam, the Northern Mariana Is- § 319.19, ‘‘Subpart—Citrus Canker and lands, Puerto Rico, the Virgin Islands Other Citrus Diseases’’; § 319.34, ‘‘Sub- of the United States, and all other ter- part—Bamboo Capable of Propaga- ritories and possessions of the United tion’’; or §§ 319.37 through 319.37–14, States. ‘‘Subpart—Nursery Stock, Plants, Wood chips. Wood fragments broken Roots, Bulbs, Seeds, and Other Plant or shredded from any wood. Products’’; or to regulated articles im- Wood mulch. Bark chips, wood chips, ported for human consumption that are wood shavings, or sawdust intended for allowed importation in accordance
229
VerDate 20
with §§ 319.56 through 319.56–8, ‘‘Sub- subpart, except that they must be ac- part—Fruits and Vegetables.’’ companied by an importer document (d) Regulated articles imported for ex- stating that the regulated articles are perimental, scientific or educational pur- derived from trees harvested in, and poses. Any regulated article may be im- have never been moved outside, Canada ported without further restriction or states in Mexico adjacent to the under this subpart if: United States border, and except that (1) Imported by the United States De- they are subject to the inspection and partment of Agriculture for experi- other requirements in § 319.40–9. mental, scientific, or educational pur- (b) Solid wood packing materials—(1) poses; Free of bark; used with non-regulated ar- (2) Imported pursuant to a Depart- ticles. APHIS hereby issues a general mental permit issued by APHIS for the permit to import regulated articles au- regulated article prior to its importa- thorized by this paragraph. Solid wood tion and kept on file at the port of first packing materials that are completely arrival; and free of bark and are in actual use at (3) Imported under conditions speci- the time of importation as packing ma- fied on the Departmental permit and terials for articles which are not regu- found by the Administrator to be ade- lated articles may be imported without quate to prevent the introduction into restriction under this subpart, except the United States of plant pests. that: (e) Designation of additional regulated (i) The solid wood packing materials articles. An inspector may designate are subject to the inspection and other any article as a regulated article by requirements in § 319.40–9; and giving written notice of the designa- (ii) The solid wood packing materials tion to the owner or person in posses- must be accompanied at the time of sion or control of the article. APHIS importation by an importer document, will implement rulemaking to add arti- stating that the solid wood packing cles designated as regulated articles to materials are totally free from bark, the definition of regulated article in and apparently free from live plant § 319.40–1 if importation of the article pests. appears to present a recurring signifi- (2) Free of bark; used with regulated ar- cant risk of introducing plant pests. In- ticles. APHIS hereby issues a general spectors may designate an article as a permit to import regulated articles au- regulated article after determining thorized by this paragraph. Solid wood that: packing materials that are completely (1) The article was imported in the free of bark and are in actual use at same container or hold as a regulated the time of importation as packing ma- article; terials for regulated articles may be (2) Other articles of the same type imported without restriction under imported from the same country have this subpart, except that: been found to carry plant pests; or (3) The article appears to be contami- (i) The solid wood packing materials nated with regulated articles or soil. are subject to the inspection and other requirements in § 319.40–9; § 319.40–3 General permits; articles (ii) The solid wood packing materials that may be imported without a must be accompanied at the time of specific permit; articles that may be importation by an importer document, imported without either a specific stating that the solid wood packing permit or an importer document. materials are totally free from bark, (a) Canada and Mexico. APHIS hereby and apparently free from live plant issues a general permit to import arti- pests; and cles authorized by this paragraph. Reg- (iii) The solid wood packing mate- ulated articles from Canada and from rials must be accompanied at the time states in Mexico adjacent to the United of importation by an importer docu- States border, other than regulated ar- ment, stating that the solid wood pack- ticles of the subfamilies Aurantioideae, ing materials have been heat treated, Rutoideae, and Toddalioideae of the fumigated, or treated with preserva- botanical family Rutaceae, may be im- tives in accordance with § 319.40–7, or ported without restriction under this meet all the importation and entry
230
VerDate 20
conditions required for the regulated lated articles authorized by this para- article the solid wood packing material graph. Bamboo timber which is free of is used to move. leaves and seeds and has been sawn or (3) Not free of bark; used with regulated split lengthwise and dried may be im- or nonregulated articles. APHIS hereby ported subject to the inspection and issues a general permit to import regu- other requirements in § 319.40–9 and lated articles authorized by this para- without further restriction under this graph. Solid wood packing materials subpart. that are not completely free of bark (e) Regulated articles the permit process and are in actual use as packing at the has determined to present no plant pest time of importation may be imported risk. Regulated articles for which a spe- without restriction under this subpart, cific permit has been issued in accord- except that: ance with § 319.40–4(b)(2)(i) may be im- (i) The solid wood packing materials ported without other restriction under are subject to the inspection and other this subpart, except that they are sub- requirements in § 319.40–9; ject to the inspection and other re- (ii) The solid wood packing materials quirements in § 319.40–9. must be accompanied at the time of importation by an importer document, § 319.40–4 Application for a permit to stating that the solid wood packing import regulated articles; issuance materials have been heat treated, fu- and withdrawal of permits. migated, or treated with preservatives (a) Application procedure. A written in accordance with § 319.40–7. application for a permit 1 must be sub- (4) Pallets moved as cargo. APHIS mitted to the Animal and Plant Health hereby issues a general permit to im- Inspection Service, Plant Protection port regulated articles authorized by and Quarantine, Port Operations Per- this paragraph. Pallets that are com- mit Unit, 4700 River Road Unit 136, Riv- pletely free of bark and that are not in erdale, MD 20737–1236. The completed actual use as packing at the time of application must include the following importation (i.e., pallets moved as information: cargo) may be imported without re- (1) The specific type of regulated ar- striction under this subpart, except ticle to be imported, including the that: genus and species name of the tree (i) The pallets are subject to the in- from which the regulated article was spection and other requirements in derived; § 319.40–9; and (2) Country, and locality if known, (ii) The pallets are accompanied by where the tree from which the regu- an importer document stating that the lated article was derived was har- pallets were previously eligible for im- vested; portation in accordance with para- (3) The quantity of the regulated ar- graph (b) of this section and have not ticle to be imported; had wood added to them since that use. (4) A description of any processing, Solid wood packing materials other treatment or handling of the regulated than pallets that are imported as cargo article to be performed prior to impor- must be imported in accordance with tation, including the location where the requirements of this subpart for any processing or treatment was or raw lumber. will be performed and the names and (c) Loose wood packing materials. dosage of any chemicals employed in APHIS hereby issues a general permit treatments; to import regulated articles authorized by this paragraph. Loose wood packing materials (whether in use as packing or 1 Application forms for permits are avail- imported as cargo) that are dry may be able without charge from the Administrator, imported subject to the inspection and c/o the Permit Unit, Plant Protection and other requirements in § 319.40–9 and Quarantine, Animal and Plant Health In- spection Service, U.S. Department of Agri- without further restriction under this culture, 4700 River Road, Riverdale, MD subpart. 20737, or local offices of Plant Protection and (d) Bamboo timber. APHIS hereby Quarantine, which are listed in telephone di- issues a general permit to import regu- rectories.
231
VerDate 20
(5) A description of any processing, and other requirements in § 319.40–9, treatment, or handling of the regulated but without any further conditions, article intended to be performed fol- will not result in the introduction of lowing importation, including the loca- plant pests into the United States, a tion where any processing or treatment permit for importation of the regulated will be performed and the names and article shall be issued. The permit may dosage of any chemicals employed in only be issued in unique and unforeseen treatments; circumstances when the importation of (6) Whether the regulated article will the regulated article is not expected to or will not be imported in a sealed con- recur. tainer or in a hold; (ii) If this review reveals that the (7) The means of conveyance to be regulated article may be imported used to import the regulated article; under conditions that would reduce the (8) The intended port of first arrival plant pest risk to an insignificant in the United States of the regulated level, APHIS may implement rule- article, and any subsequent ports in making to add the additional condi- the United States at which regulated tions to this subpart, and after the reg- articles may be unloaded; ulations are effective, may issue a per- (9) The destination and general in- mit for importation of the regulated tended use of the regulated article; article. (10) The name and address of the ap- plicant and, if the applicant’s address (3) No permit will be issued to an ap- is not within the United States, the plicant who has had a permit with- name and address of an agent in the drawn under paragraph (d) of this sec- United States whom the applicant tion during the 12 months prior to re- names for acceptance of service of ceipt of the permit application by process; and APHIS, unless the withdrawn permit (11) A statement certifying the appli- has been reinstated upon appeal. cant as the importer of record. (c) Permit does not guarantee eligibility (b) Review of application and issuance for import. Even if a permit has been of permit. After receipt and review of issued for the importation of a regu- the application, APHIS shall determine lated article, the regulated article may whether it appears that the regulated be imported only if all applicable re- article at the time of importation will quirements of this subpart are met and meet either the specific importation only if an inspector at the port of first requirements in § 319.40–5 or the univer- arrival determines that no emergency sal importation requirements in measures pursuant to the Federal § 319.40–6. Plant Pest Act or other measures pur- (1) If it appears that the regulated ar- suant to the Plant Quarantine Act are ticle proposed for importation will necessary with respect to the regulated meet the requirements of either article.2 § 319.40–5 or § 319.40–6, a permit stating the applicable conditions for importa- 2 Section 105(a) of the Federal Plant Pest tion under this subpart shall be issued Act (7 U.S.C. 150dd(a)) provides, among other for the importation of the regulated ar- things, that the Secretary of Agriculture ticle identified in the application. may, whenever he deems it necessary as an (2) If it appears that the regulated ar- emergency measure in order to prevent the dissemination of any plant pest new to or ticle proposed for importation will not not theretofore known to be widely preva- meet the requirements of either lent or distributed within and throughout § 319.40–5 or § 319.40–6 because these sec- the United States, seize, quarantine, treat, tions do not address the particular reg- apply other remedial measures to, destroy, ulated article identified in the applica- or dispose of, in such manner as he deems ap- tion, APHIS shall review the applica- propriate, subject to section 105(d) of the tion by applying the plant pest risk as- Federal Plant Pest Act (7 U.S.C. 150dd(d)), sessment standards specified in § 319.40– any product or article, including any article subject to this subpart, which is moving into 11. or through the United States, and which he (i) If this review reveals that impor- has reason to believe is infested with any tation of the regulated article under a such plant pest at the time of the movement, permit and subject to the inspection or which has moved into the United States,
232
VerDate 20
(d) Denial and withdrawal of permits. radiata) logs from Chile or New Zealand Any permit which has been issued may and Douglas-fir (Pseudotsuga menziesii) be withdrawn by an inspector or the logs from New Zealand that are accom- Administrator if he or she determines panied by a certificate stating that the that the person to whom the permit logs meet the requirements of para- was issued has violated any require- graph (b)(1)(i) (A) through (D) of this ment of this subpart. If the withdrawal section, and that are consigned to a fa- is oral, the decision to withdraw the cility in the United States that oper- permit and the reasons for the with- ates in accordance with § 319.40–8, may drawal of the permit shall be confirmed be imported in accordance with para- in writing as promptly as cir- graphs (b)(1)(i)(A) through (b)(1)(iii) of cumstances permit. Any person whose this section. permit has been denied or withdrawn (A) The logs must be from live may appeal the decision in writing to healthy trees which are apparently free the Administrator within 10 days after of plant pests, plant pest damage, and receiving the written notification of decay organisms. the withdrawal. The appeal shall state (B) The logs must be debarked in ac- all of the facts and reasons upon which cordance with § 319.40–7(b) prior to fu- the person relies to show that the per- mit was wrongfully denied or with- migation. drawn. The Administrator shall grant (C) The logs and any solid wood pack- or deny the appeal, in writing, stating ing materials to be used with the logs the reasons for granting or denying the during shipment to the United States appeal as promptly as circumstances must be fumigated in accordance with permit. If there is a conflict as to any § 319.40–7(f)(1), within 45 days following material fact and the person from the date the trees are felled and prior whom the permit is withdrawn re- to arrival of the logs in the United quests a hearing, a hearing shall be States, in the holds or in sealable con- held to resolve the conflict. Rules of tainers. Fumigation must be conducted practice concerning the hearing shall in the same sealable container or hold be adopted by the Administrator. in which the logs and solid wood pack- ing materials are exported to the § 319.40–5 Importation and entry re- United States. quirements for specified articles. (D) During shipment to the United (a) Bamboo timber. Bamboo timber States, no other regulated article is consisting of whole culms or canes may permitted on the means of conveyance be imported into Guam or the Northern with the logs, unless the logs and the Mariana Islands subject to inspection other regulated articles are in separate and other requirements of § 319.40–9. holds or separate sealed containers, or, Bamboo timber consisting of whole if the logs and other regulated articles culms or canes that are completely dry are mixed in a hold or sealed container, as evidenced by lack of moisture in the other regulated articles either have node tissue may be imported into any been heat treated with moisture reduc- part of the United States subject to in- tion in accordance with § 319.40–7(d), or spection and other requirements of have been fumigated in the hold or § 319.40–9. sealable container in accordance with (b) Monterey pine logs and lumber from paragraph (b)(1)(i)(C) of this section. Chile and New Zealand; Douglas-fir logs (ii) Requirements upon arrival in the and lumber from New Zealand—(1) Logs— United States. The following require- (i) Requirements prior to importation. ments apply upon arrival of the logs in Monterey or Radiata pine (Pinus the United States. (A) The logs must be kept segregated and which he has reason to believe was in- from other regulated articles from the fested with any such plant pest at the time time of discharge from the means of of the movement. Section 10 of the Plant conveyance until the logs are com- Quarantine Act (7 U.S.C. 164a) and section 107 of the Federal Plant Pest Act (7 U.S.C. pletely processed at a facility in the 150ff) also authorize measures against regu- United States that operates under a lated articles which are not in compliance compliance agreement in accordance with this subpart. with § 319.40–8.
233
VerDate 20
(B) The logs must be moved from the rials) is permitted on the means of con- port of first arrival to the facility that veyance with the raw lumber, unless operates under a compliance agree- the raw lumber and the other regulated ment in accordance with § 319.40–8 by as articles are in separate holds or sepa- direct a route as reasonably possible. rate sealed containers; Except for mixed (iii) Requirements at the processing fa- shipments of logs and raw lumber fumi- cility. The logs must be consigned to a gated in accordance with § 319.40–7(f)(2) facility operating under a compliance and moved in accordance with para- agreement in accordance with § 319.40–8 graph (b)(1)(i)(D) of this section. Raw that includes the following require- lumber on the vessel’s deck must be in ments: a sealed container. (A) Logs or any products generated (ii) The raw lumber must be con- from logs, including lumber, must be signed to a facility operating under a heat treated in accordance with compliance agreement in accordance § 319.40–7(c), or heat treated with mois- with § 319.40–8 that requires the raw ture reduction in accordance with lumber to be heat treated in accord- § 319.40–7(d). ance with § 319.40–7(c) or heat treated (B) The logs, including sawdust, wood with moisture reduction in accordance chips, or other products generated from with § 319.40–7(d) before any cutting, the logs in the United States, must be planing, or sawing of the raw lumber, processed in accordance with para- and within 30 days from the time the graph (b)(1)(iii) of this section within 60 lumber is released from the port of days from the time the logs are re- first arrival. leased from the port of first arrival. (c) Tropical hardwoods—(1) Debarked. (C) Sawdust, wood chips, and waste Tropical hardwood logs and lumber generated by sawing or processing the that have been debarked in accordance logs must be disposed of by burning, with § 319.40–7(b) may be imported sub- heat treatment in accordance with ject to the inspection and other re- § 319.40–7(c), heat treatment with mois- quirements of § 319.40–9. ture reduction in accordance with (2) Not debarked. Tropical hardwood § 319.40–7(d), or other processing that logs that have not been debarked may will destroy any plant pests associated be imported if fumigated in accordance with the sawdust, wood chips, and with § 319.40–7(f)(1) prior to arrival in waste. Composting and use of the saw- the United States. dust, wood chips, and waste as mulch (3) Not debarked; small lots. Tropical are prohibited unless composting and hardwood logs that have not been de- use as mulch are preceded by fumiga- barked may be imported into the tion in accordance with § 319.40–7(f)(3), United States, other than into Hawaii, heat treatment in accordance with Puerto Rico, or the Virgin Islands of § 319.40–7(c), or heat treatment with the United States, if imported in a lot moisture reduction in accordance with of 15 or fewer logs and subject to the § 319.40–7(d). Wood chips, sawdust, and inspection and other requirements of waste may be moved in enclosed trucks § 319.40–9. for processing at another facility oper- (d) Temperate hardwoods. Temperate ating under a compliance agreement in hardwood logs and lumber (with or accordance with § 319.40–8. without bark) from all places except (2) Raw lumber. Raw lumber, includ- places in Asia that are east of 60° East ing solid wood packing materials im- Longitude and north of the Tropic of ported as cargo, from Chile or New Zea- Cancer may be imported if fumigated land derived from Monterey or Radiata in accordance with § 319.40–7(f) prior to pine (Pinus radiata) logs and raw lum- arrival in the United States and sub- ber from New Zealand derived from ject to the inspection and other re- Douglas-fir (Pseudotsuga menziesii) logs quirements of § 319.40–9. may be imported in accordance with (e) Regulated articles associated with paragraphs (b)(2) (i) and (ii) of this sec- exclusively tropical climate pests. Regu- tion. lated articles that have been identified (i) During shipment to the United by a plant pest risk assessment as asso- States, no other regulated article ciated solely with plant pests that can (other than solid wood packing mate- successfully become established only in
234
VerDate 20
tropical or subtropical climates may be must be stated on the importer docu- imported if: ment, or by a permanent marking on (1) The regulated article is imported each piece of lumber in the form of the only to a destination in the continen- letters ‘‘HT’’ or the words ‘‘Heat Treat- tal United States; and, ed.’’ If lumber has been heat treated (2) the regulated article is not im- with moisture reduction in accordance ported into any tropical or subtropical with § 319.40–7(d), that fact must be areas of the United States specified in stated on the importer document, or by the permit. a permanent marking, on each piece of (f) Cross-ties (railroad ties) from all lumber or on the cover of bundles of places except places in Asia that are lumber, in the form of the letters ‘‘KD’’ east of 60° East Longitude and north of or the words ‘‘Kiln Dried.’’ the Tropic of Cancer may be imported (2) Raw lumber. Raw lumber, includ- if completely free of bark and accom- ing solid wood packing materials im- panied by an importer document stat- ported as cargo, from all places except ing that the cross-ties will be pressure places in Asia that are east of 60° East treated within 30 days following the Longitude and north of the Tropic of date of importation. Cancer may be imported in accordance with paragraphs (b)(2) (i) and (ii) of this § 319.40–6 Universal importation op- section. tions. (i) During shipment to the United (a) Logs. Logs may be imported if States, no other regulated article prior to importation the logs have been (other than solid wood packing mate- debarked in accordance with § 319.40– rials) is permitted on the means of con- 7(b) and heat treated in accordance veyance with the raw lumber, unless with § 319.40–7(c). During the entire in- the raw lumber and the other regulated terval between treatment and export, articles are in separate holds or sepa- the logs must be stored and handled in rate sealed containers. Raw lumber on a manner which excludes any access to the vessel’s deck must be in a sealed the logs by plant pests. container. (b) Lumber—(1) Heat treated or heat (ii) The raw lumber must be con- treated with moisture reduction. Lumber signed to a facility operating under a that prior to importation has been heat compliance agreement in accordance treated in accordance with § 319.40–7(c), with § 319.40–8 that requires the raw or heat treated with moisture reduc- lumber to be heat treated in accord- tion in accordance with § 319.40–7(d), ance with § 319.40–7(c) or heat treated may be imported in accordance with with moisture reduction in accordance paragraphs (b)(1) (i) and (ii) of this sec- with § 319.40–7(d), within 30 days from tion. the time the lumber is released from (i) During shipment to the United the port of first arrival. Heat treat- States, no other regulated article ment must be completed before any (other than solid wood packing mate- cutting, planing, or sawing of the raw rials) is permitted on the means of con- lumber. veyance with the lumber, unless the (c) Wood chips and bark chips. Wood lumber and the other regulated articles chips and bark chips from any place ex- are in separate holds or separate sealed cept places in Asia that are wholly east containers, or, if the lumber and other of 60° East Longitude and north of the regulated articles are mixed in a hold Tropic of Cancer may be imported in or sealed container, all the regulated accordance with this paragraph. articles have been heat treated in ac- (1) The wood chips or bark chips cordance with § 319.40–7(c), or heat must be accompanied by an importer treated with moisture reduction in ac- document stating that the wood chips cordance with § 319.40–7(d). Lumber on or bark chips were either: the vessel’s deck must be in a sealed (i) Derived from live, healthy, tropi- container, unless it has been heat cal species of plantation-grown trees treated with moisture reduction in ac- grown in tropical areas; or cordance with § 319.40–7(d). (ii) Fumigated with methyl bromide (ii) If lumber has been heat treated in in accordance with § 319.40–7(f)(3), heat accordance with § 319.40–7(c), that fact treated in accordance with § 319.40–7(c),
235
VerDate 20
or heat treated with moisture reduc- treated with moisture reduction in ac- tion in accordance with § 319.40–7(d). cordance with § 319.40–7(d). (2) During shipment to the United (e) Cork and bark. Cork and cork States, no other regulated articles bark, cinnamon bark, and other bark (other than solid wood packing mate- to be used for food, manufacture of rials) are permitted in the holds or medicine, or chemical extraction may sealed containers carrying the wood be imported if free from rot at the time chips or bark chips. Wood chips or bark of importation and subject to the in- chips on the vessel’s deck must be in a spection and other requirements of sealed container; Except that; If the § 319.40–9. wood chips or bark chips are derived from live, healthy, plantation-grown [60 FR 27679, May 25, 1995, 60 FR 30157, June 7, 1995] trees in tropical areas, they may be shipped on deck if no other regulated § 319.40–7 Treatments and safeguards. articles are present on the vessel, and the wood chips or bark chips are com- (a) Certification of treatments or safe- pletely covered by a tarpaulin during guards. If APHIS determines that a the entire journey directly to the document required for the importation United States. of regulated articles is inaccurate, the (3) The wood chips or bark chips regulated articles which are the sub- must be free from rot at the time of ject of the certificate or other docu- importation, unless accompanied by an ment shall be refused entry into the importer document stating that the en- United States. In addition, APHIS may tire lot was fumigated with methyl determine not to accept any further bromide in accordance with § 319.40– certificates for the importation of reg- 7(f)(3), heat treated in accordance with ulated articles in accordance with this § 319.40–7(c), or heat treated with mois- subpart from a country in which an in- ture reduction in accordance with accurate certificate is issued, and § 319.40–7(d). APHIS may determine not to allow the (4) Wood chips or bark chips imported importation of any or all regulated ar- in accordance with this paragraph ticles from any such country, until cor- must be consigned to a facility operat- rective action acceptable to APHIS es- ing under a compliance agreement in tablishes that certificates issued in accordance with § 319.40–8. The wood that country will be accurate. chips or bark chips must be burned, (b) Debarking. Except for raw lumber, heat treated in accordance with no more than 2 percent of the surface § 319.40–7(c), heat treated with moisture of all regulated articles in a lot may reduction in accordance with § 319.40– retain bark, with no single regulated 7(d), or otherwise processed in a man- article retaining bark on more than 5 ner that will destroy any plant pests percent of its surface. For raw lumber, associated with the wood chips or bark debarking must remove 100 percent of chips, within 30 days of arrival at the the bark. facility. If the wood chips or bark chips (c) Heat treatment. Heat treatment are to be used for mulching or must be performed only at a facility composting, they must first be fumi- where APHIS or an inspector author- gated in accordance with § 319.40–7(f)(3), ized by the Administrator and the na- heat treated in accordance with tional government of the country in § 319.40–7(c), or heat treated with mois- which the facility is located has in- ture reduction in accordance with spected the facility and determined § 319.40–7(d). that its operation complies with the (d) Wood mulch, humus, compost, and standards of this paragraph. Heat litter. Wood mulch, humus, compost, treatment procedures may employ and litter may be imported if accom- steam, hot water, kilns, exposure to panied by an importer document stat- microwave energy, or any other meth- ing that the wood mulch, humus, com- od (e.g., the hot water and steam tech- post, or litter was fumigated in accord- niques used in veneer production) that ance with § 319.40–7(f)(3), heat treated in raises the temperature of the center of accordance with § 319.40–7(c), or heat each treated regulated article to at
236
VerDate 20
least 71.1 °C and maintains the regu- (f) Methyl bromide fumigation. The fol- lated article at that center tempera- lowing minimum standards for methyl ture for at least 75 minutes. For regu- bromide fumigation treatment are au- lated articles heat treated prior to ar- thorized for the regulated articles list- rival in the United States, during the ed in paragraphs (f)(1) through (f)(3) of entire interval between treatment and this section. Any method of fumigation export the regulated article must be that meets or exceeds the specified stored, handled, or safeguarded in a temperature/time/concentration prod- manner which excludes any infestation ucts is acceptable. of the regulated article by plant pests. (1) Logs—(i) T–312 schedule. The entire (d) Heat treatment with moisture reduc- log and the ambient air must be at a tion. (1) Heat treatment with moisture temperature of 5 °C or above through- reduction may employ: out fumigation. The fumigation must (i) Kiln drying conducted in accord- be conducted using schedule T–312 con- ance with the schedules prescribed for tained in the Treatment Manual. In the regulated article in the Dry Kiln lieu of the schedule T–312 methyl bro- Operator’s Manual, Agriculture Hand- mide concentration, fumigation may book 188, which is incorporated by ref- be conducted with an initial methyl erence at § 300.1 of this chapter; or, bromide concentration of at least 240 g/ (ii) Dry heat, exposure to microwave m3 with exposure and concentration energy, or any other method that levels adequate to provide a concentra- raises the temperature of the center of tion-time product of at least 17,280 each treated regulated article to at gram-hours calculated on the initial least 71.1 °C, maintains the regulated methyl bromide concentration. articles at that center temperature for (ii) T–404 schedule. The entire log and at least 75 minutes, and reduces the the ambient air must be at a tempera- moisture content of the regulated arti- ture of 5 °C or above throughout fumi- cle to 20 percent or less as measured by gation. The fumigation must be con- an electrical conductivity meter. ducted using schedule T–404 contained (2) For regulated articles heat treat- in the Treatment Manual. In lieu of the ed with moisture reduction prior to ar- schedule T–404 methyl bromide con- rival in the United States, during the centration, fumigation may be con- entire interval between treatment and ducted with an initial methyl bromide export the regulated article must be concentration of at least 120 g/m3 with stored, handled, or safeguarded in a exposure and concentration levels ade- manner which excludes any infestation quate to provide a concentration-time of the regulated article by plant pests. product of at least 1920 gram-hours cal- (e) Surface pesticide treatments. All culated on the initial methyl bromide United States Environmental Protec- concentration. tion Agency registered surface pes- (2) Lumber. The lumber and the ambi- ticide treatments are authorized for ent air must be at a temperature of 5 regulated articles imported in accord- °C or above throughout fumigation. ance with this subpart. Surface pes- The fumigation must be conducted ticide treatments must be conducted in using schedule T–404 contained in the accordance with label directions ap- Treatment Manual. In lieu of the proved by the United States Environ- schedule T–404 methyl bromide con- mental Protection Agency. When used centration, fumigation may be con- on heat treated logs, a surface pes- ducted with an initial methyl bromide ticide treatment must be first applied concentration of at least 120 g/m3 with within 48 hours following heat treat- exposure and concentration levels ade- ment. The surface pesticide treatment quate to provide a concentration-time must be repeated at least every 30 days product of at least 1920 gram-hours cal- during storage of the regulated article, culated on the initial methyl bromide with the final treatment occurring no concentration. more than 30 days prior to departure of (3) Regulated articles other than logs or the means of conveyance that carries lumber. (i) If the ambient air and the the regulated articles to the United regulated articles other than logs or States. lumber are at a temperature of 21 °C or
237
VerDate 20
above throughout fumigation, the fu- with the requirements of the compli- migation must be conducted using ance agreement and of this subpart. schedule T–404 contained in the Treat- Compliance agreement forms may be ment Manual. In lieu of the schedule obtained from the Administrator or an T–404 methyl bromide concentration, inspector. fumigation may be conducted with an (b) Any compliance agreement may initial methyl bromide concentration be canceled by the inspector who is su- of at least 48 g/m3 with exposure and pervising its enforcement, orally or in concentration levels adequate to pro- writing, whenever the inspector finds vide a concentration-time product of at that the person who entered into the least 760 gram-hours calculated on the compliance agreement has failed to initial methyl bromide concentration. comply with the conditions of the com- (ii) If the ambient air and the regu- pliance agreement. If the cancellation lated articles other than logs or lumber is oral, the decision to cancel the com- ° are at a temperature of 4.5–20.5 C pliance agreement and the reasons for throughout fumigation, the fumigation cancellation of the compliance agree- must be conducted using schedule T– ment shall be confirmed in writing, as 404 contained in the Treatment Man- promptly as circumstances permit. ual. In lieu of the schedule T–404 meth- Any person whose compliance agree- yl bromide concentration, fumigation ment has been canceled may appeal the may be conducted with an initial meth- decision in writing to the Adminis- yl bromide concentration of at least 120 trator within 10 days after receiving 3 g/m with exposure and concentration written notification of the cancella- levels adequate to provide a concentra- tion. The appeal shall state all of the tion-time product of at least 1920 gram- facts and reasons upon which the per- hours calculated on the initial methyl son relies to show that the compliance bromide concentration. agreement was wrongfully canceled. (g) Preservatives. All preservative The Administrator shall grant or deny treatments that use a preservative the appeal, in writing, stating the rea- product that is registered by the sons for granting or denying the ap- United States Environmental Protec- peal, as promptly as circumstances per- tion Agency are authorized for treat- mit. If there is a conflict as to any ma- ment of regulated articles imported in terial fact and the person whose com- accordance with this subpart. Preserv- pliance agreement has been canceled ative treatments must be performed in requests a hearing, a hearing shall be accordance with label directions ap- held to resolve the conflict. Rules of proved by the United States Environ- mental Protection Agency. practice concerning the hearing will be adopted by the Administrator. § 319.40–8 Processing at facilities oper- ating under compliance agree- § 319.40–9 Inspection and other re- ments. quirements at port of first arrival. (a) Any person who operates a facil- (a) Procedures for all regulated articles. ity in which imported regulated arti- (1) All imported regulated articles cles are processed may enter into a shall be inspected at the port of first compliance agreement to facilitate the arrival. If the inspector finds signs of importation of regulated articles under plant pests on or in the regulated arti- this subpart. The compliance agree- cle, or finds that the regulated article ment shall specify the requirements may have been associated with other necessary to prevent spread of plant articles infested with plant pests, the pests from the facility, requirements to regulated article shall be cleaned or ensure the processing method effec- treated as required by an inspector, tively destroys plant pests, and the re- and the regulated article and any prod- quirements for the application of ucts of the regulated article shall also chemical materials in accordance with be subject to reinspection, cleaning, the Treatment Manual. The compli- and treatment at the option of an in- ance agreement shall also state that spector at any time and place before all inspectors must be allowed access to applicable requirements of this subpart the facility to monitor compliance have been accomplished.
238
VerDate 20
(2) Regulated articles shall be assem- any, of the means of conveyance carry- bled for inspection at the port of first ing the regulated articles; the type and arrival, or at any other place pre- quantity of the regulated articles; the scribed by an inspector, at a place and expected date of arrival; the country of time and in a manner designated by an origin of the regulated articles; the inspector. name and the number, if any, of the (3) If an inspector finds that an im- dock or area where the regulated arti- ported regulated article is so infested cles are to be unloaded; and the name with a plant pest that, in the judgment of the importer or broker at the port of of the inspector, the regulated article arrival. cannot be cleaned or treated, or con- (2) Imported regulated articles which tains soil or other prohibited contami- have been debarked in accordance with nants, the entire lot may be refused § 319.40–7(b) and can be safely and prac- entry into the United States. tically inspected will be visually exam- (4) No person shall move any im- ined for plant pests by an inspector at ported regulated article from the port the port of first arrival. If plant pests of first arrival unless and until an in- are found on or in the regulated arti- spector notifies the person, in writing cles or if the regulated article cannot or through an electronic database, that be safely and practically inspected, the the regulated article: regulated articles must be treated in (i) Is in compliance with all applica- accordance with the Treatment Man- ble regulations and has been inspected ual. and found to be apparently free of (c) Marking and identity of regulated plant pests; 3 or, articles. Any regulated article, at the (ii) Has been inspected and the in- time of importation shall bear on the spector requires reinspection, cleaning, outer container (if in a container), on or treatment of the regulated article at the regulated article (if not in a con- a place other than the port of first ar- tainer), or on a document accompany- rival. ing the regulated article the following (b) Notice of arrival; visual examination information: of regulated articles at port of first arriv- (1) General nature and quantity of al. (1) At least 7 days prior to the ex- the regulated articles; pected date of arrival in the United (2) Country and locality, if known, States of a shipment of regulated arti- where the tree from which the regu- cles imported in accordance with this lated article was derived was har- subpart, the permittee or his or her vested; agent must notify the APHIS Officer in (3) Name and address of the person Charge at the port of arrival of the importing the regulated article; date of expected arrival. The address (4) Name and address of consignee of and telephone number of the APHIS Of- the regulated article; ficer in Charge will be specified in any (5) Identifying shipper’s mark and specific permit issued by APHIS 4. This number; and notice may be in writing or by tele- (6) Number of the permit (if one was phone. The notice must include the issued) authorizing the importation of number of any specific permit issued the regulated article into the United for the regulated articles; the name, if States. (d) Sampling for plant pests at port of 3 Certain regulated articles may also be first arrival. Any imported regulated ar- subject to §§ 319.56 through 319.56–8, ‘‘Sub- ticle may be sampled for plant pests at part—Fruits and Vegetables,’’ or to Noxious the port of first arrival. If an inspector Weed Act regulations under part 360 of this chapter, or to Endangered Species Act regu- finds it necessary to order treatment of lations under parts 355 and 356 of this chap- a regulated article at the port of first ter and 50 CFR parts 17 and 23. arrival, any sampling will be done prior 4 A list of APHIS Officers in Charge may be to treatment. obtained from the Administrator, c/o Port Operations, Plant Protection and Quar- § 319.40–10 Costs and charges. antine, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD The services of an inspector during 20737. regularly assigned hours of duty and at
239
VerDate 20
the usual places of duty shall be fur- ble of further dissemination in the nished without cost to the importer.5 United States; The inspector may require the im- (3) Non-indigenous plant pest that is porter to furnish any labor, chemicals, present in the United States and has packing materials, or other supplies re- reached probable limits of its ecologi- quired in handling regulated articles cal range, but differs genetically from under this subpart. APHIS will not be the plant pest in the United States in a responsible for any costs or charges, way that demonstrates a potential for other than those identified in this sec- greater damage potential in the United tion. States; (4) Native species of the United § 319.40–11 Plant pest risk assessment States that has reached probable limits standards. of its ecological range, but differs ge- When evaluating a request to import netically from the plant pest in the a regulated article not allowed impor- United States in a way that dem- tation under this subpart, or a request onstrates a potential for greater dam- to import a regulated article under age potential in the United States; or conditions other than those prescribed (5) Non-indigenous or native plant by this subpart, APHIS will conduct pest that may be able to vector an- the following analysis to determine the other plant pest that meets one of the plant pest risks associated with each criteria in paragraphs (b)(1) through (4) requested importation in order to de- of this section. termine whether or not to issue a per- (c) Determining which quarantine pests mit under this subpart or to propose to assess. (1) APHIS will divide quar- regulations establishing conditions for antine pests identified in paragraph (b) the importation into the United States of this section into groups depending of the regulated article. upon where the plant pest is most like- (a) Collecting commodity information. ly to be found. The plant pests would (1) APHIS will evaluate the application be grouped as follows: for information describing the regu- (i) Plant pests found on the bark; lated article and the origin, processing, (ii) Plant pests found under the bark; treatment, and handling of the regu- and lated article; and (iii) Plant pests found in the wood. (2) APHIS will evaluate history of (2) APHIS will subdivide each of the past plant pest interceptions or intro- groups in paragraph (c)(1) of this sec- ductions (including data from foreign tion into associated taxa. countries) associated with the regu- (3) APHIS will rank the plant pests lated article. in each group in paragraph (c)(2) of this (b) Cataloging quarantine pests. For section according to plant pest risk, the regulated article specified in an ap- based on the available biological infor- plication, APHIS will determine what mation and demonstrated plant pest plant pests or potential plant pests are importance. associated with the type of tree from (4) APHIS will identify any plant which the regulated article was de- pests ranked in paragraph (c)(3) of this rived, in the country and locality from section for which plant pest risk as- which the regulated article is to be ex- sessments have previously been per- ported. A plant pest that meets one of formed in accordance with this section. the following criteria is a quarantine APHIS will conduct individual plant pest and will be further evaluated in pest risk assessments for the remain- accordance with paragraph (c) of this ing plant pests, starting with the high- section: est ranked plant pest(s) in each group. (1) Non-indigenous plant pest not (5) The number of plant pests in each present in the United States; group to be evaluated through individ- (2) Non-indigenous plant pest, ual plant pest risk assessment will be present in the United States and capa- based on biological similarities of members of the group as they relate to 5 Provisions relating to costs for other measures taken in connection with the services of an inspector are contained in part importation of the regulated article to 354 of this chapter. mitigate the plant pest risk associated
240
VerDate 20
with the regulated article. For exam- ment rulemaking to allow importation ple, if the plant pest risk assessment of the requested regulated article for the highest ranked plant pest indi- under the conditions identified by the cates a need for a mitigation measure plant pest risk assessment process. that would result in the same reduc- tion of risk for other plant pests Subpart—Indian Corn or Maize, ranked in the group, the other mem- Broomcorn, and Related Plants bers need not be subjected to individual plant pest risk assessment. QUARANTINE (d) Conducting individual plant pest risk assessments. APHIS will evaluate § 319.41 Notice of quarantine. each of the plant pests identified in paragraph (c)(4) of this section by: (a) The fact has been determined by (1) Estimation of the probability of the Secretary of Agriculture, and no- the plant pest being on, with, or in the tice given, that dangerous plant pests, regulated article at the time of impor- including the so-called European corn tation; borer (Ostrinia nubilalis Hubn.), and (2) Estimation of the probability of also other dangerous insects, as well as the plant pest surviving in transit on plant diseases not heretofore widely the regulated article and entering the prevalent or distributed within and United States undetected; throughout the United States, exist, as (3) Estimation of the probability of to one or more of such pests, in Europe, the plant pest colonizing once it has Asia, Africa, Dominion of Canada, Mex- entered into the United States; ico, Central and South America, and (4) Estimation of the probability of other foreign countries and localities, the plant pest spreading beyond any and may be introduced into this coun- colonized area; and try through importations of the stalks (5) Estimation of the damage to or other parts of Indian corn or maize, plants that could be expected upon in- broomcorn, and related plants. troduction and dissemination within (b) The Secretary of Agriculture, the United States of the plant pest. under the authority conferred by the (e) Estimating unmitigated overall plant act of Congress approved August 20, pest risk. APHIS will develop an esti- 1912, known as the Plant Quarantine mation of the overall plant pest risk Act (37 Stat. 315; 7 U.S.C. 151–167), de- associated with importing the regu- termined that it was necessary, in lated article based on compilation of order to prevent the further introduc- individual plant pest risk assessments tion of the dangerous plant pests men- performed in accordance with para- tioned above, to forbid, except as pro- graph (d) of this section. vided in the rules and regulations sup- (f) Evaluating available requirements to plemental hereto, the importation into determine whether they would allow safe the United States from all foreign importation of the regulated article. The countries and localities of the stalk requirements of this subpart, and any and all other parts, whether used for other requirements relevant to the reg- packing or other purposes, in the raw ulated article and plant pests involved, or unmanufactured state, of Indian will be compared with the individual corn or maize (Zea mays L.), plant pest risk assessments in order to broomcorn (Andropogon sorghum var. determine whether particular condi- technicus), sweet sorghums tions on the importation of the regu- (Andropogon sorghum), grain sorghums lated article would reduce the plant (Andropogon sorghum), Sudan grass pest risk to an insignificant level. If (Andropogon sorghum sudanensis), APHIS determines that the imposition Johnson grass (Andropogon of particular conditions on the impor- halepensis), sugarcane (Saccharum tation of the regulated article could re- officinarum), including Japanese vari- duce the plant pest risk to an insignifi- eties, pearl millet (Pennisetum cant level, and determines that suffi- glaucum), napier grass (Pennisetum cient APHIS resources are available to purpureum), teosinte (Euchlaena implement or ensure implementation luxurians), and jobs-tears (Coix of the conditions, APHIS will imple- lachryma-Jobi).
241
VerDate 20
(c) Hereafter, and until further no- tation is found infected, infested, or tice, by virtue of said act of Congress contaminated with any plant pest and approved August 20, 1912, the importa- is not subject to disposal under this tion into the United States of the stalk part 319, disposition may be made in and all other parts of the plants enu- accordance with § 330.106 of this chap- merated above from all foreign coun- ter. tries and localities except as provided (b) Shelled corn and seeds of other in the rules and regulations supple- plants listed in § 319.41, and mature mental hereto, is prohibited: Provided, corn on the cob, may be imported into That whenever the Deputy Adminis- Guam without further permit, other trator of the Plant Protection and than the authorization contained in Quarantine Programs shall find that this section and without other restric- existing conditions as to pest risk in- tion under this subpart, but such im- volved in the importation of the arti- portations are subject to the require- cles to which the regulations supple- ments of § 319.37–4(a). mental hereto apply, make it safe to modify, by making less stringent, the (c) Green corn on the cob may be im- restrictions contained in any of such ported into Guam without restriction regulations, he shall publish such find- under this subpart, but such importa- ings in administrative instructions, tions are subject to the requirements specifying the manner in which the of § 319.56–2. regulations shall be made less strin- gent, whereupon such modification § 319.41b Administrative instructions shall become effective; or he may, prescribing conditions for entry of broomstraw without treatment. when the public interests will permit, with respect to the importation of such Broomstraw, sometimes referred to articles into Guam, upon request in as ‘‘combed stalkless’’, when consisting specific cases, authorize such importa- of individual straws entirely free from tion under conditions, specified in the stems, stalks, stubs of stalks, and permit to carry out the purposes of leaves, may be imported from all coun- this subpart, that are less stringent tries without seasonal limitation than those contained in the regula- through ports of entry designated in tions. the permit, provided it is bundled and (d) As used in this subpart, unless the baled to prevent breakage and scatter- context otherwise requires, the term ing and to facilitate inspection, in the ‘‘United States’’ means the States, the following manner: District of Columbia, Guam, Puerto (a) The broomstraw shall be assem- Rico, and the Virgin Islands of the bled into bundles with the base of the United States. individual straws at the same end, no alternating of layers being permitted. § 319.41a Administrative instructions (b) Each bundle shall be securely tied relating to entry into Guam of broomcorn, brooms, and similar ar- to prevent breakage. ticles. (c) Individual bundles shall be com- pacted, grouped into bales, and so ar- (a) Broomcorn for manufacturing purposes, and brooms and similar arti- ranged that the butt of each bundle is cles made of broomcorn may be im- exposed on the outside of the bale. ported into Guam without further per- (d) Each bale shall be securely bound mit, other than the authorization con- to prevent shifting or loosening of the tained in this section, and without bundles in transit. other restriction under this subpart. (e) Broomstraw found upon inspec- Notice of arrival for such importations tion at the port of entry to contain is not necessary inasmuch as there is stems, stalks, stubs of stalks, or leaves available to the inspector the essential shall be sterilized under the super- information normally supplied by the vision of an inspector. Broomstraw importer at time of importation. In- contaminated in the aforesaid manner, spection of such importations may be from countries other than those on the made under the general authority of North or South American Continents § 330.105(a) of this chapter. If an impor- or the West Indies, shall be considered
242
VerDate 20
as broomcorn and shall be subject to and clean seed of the other plants cov- compliance with § 319.41–3(b). ered by § 319.41. (2) Corn on the cob, green or mature, [25 FR 12809, Dec. 14, 1960] from the provinces of Canada west of 3 RULES AND REGULATIONS and including Manitoba, and from Mexico, Central America, South Amer- § 319.41–1 Plant products permitted ica, the West Indies, the Bahamas, and entry. 1 Bermuda. Except as restricted from certain (c) Seed of Indian corn or maize (Zea countries and localities by special mays L.) that is free from the cob and quarantines and other orders now in from all other parts of corn may be im- force, 2 and by such as may hereafter be ported into the United States from promulgated, the following articles New Zealand without further restric- may be imported: tion. (a) Subject only to the requirements [24 FR 10788, Dec. 29, 1959, as amended at 58 of paragraphs (a), (b), and (c) of § 319.41– FR 44745, Aug. 25, 1993] 5: (1) Green corn on the cob, in small § 319.41–2 Application for permits. lots for local use only, from adjacent (a) Persons contemplating the impor- areas of Canada. tation of any of the articles specified in (2) Articles made of the stalks, § 319.41–1(b), shall first make applica- leaves, or cobs of corn, when prepared, tion to the Plant Protection and Quar- manufactured, or processed in such antine Programs for a permit, stating manner that in the judgment of the in- in the application the name and ad- spector no pest risk is involved in their dress of the exporter, the country and entry. locality where grown, the port of arriv- (3) Corn silk. al, and the name and address of the im- (b) Upon compliance with the regula- porter in the United States to whom tions in this subpart: the permit should be sent. Unless oth- (1) Broomcorn for manufacturing erwise stated in the permit, all permits purposes, brooms or similar articles will be valid from date of issuance made of broomcorn, clean shelled corn, until revoked. (b) Applications for permits should be 1Except as provided in § 319.41–6 the regula- made in advance of the proposed ship- tions in this subpart do not authorize impor- ments; but if, through no fault of the tations through the mails. importer, a shipment should arrive be- 2 The entry of the following plants and fore a permit is received, the importa- plant products is prohibited or restricted by tion will be held in customs custody at specific quarantines and other restrictive or- the risk and expense of the importer ders now in force. (a) Living canes of sugarcane, or cuttings for a period not exceeding 20 days pend- or parts thereof, from all foreign countries. ing the receipt of the permit. (§ 319.15.) (c) Applications may be made by (b) Except as provided for in paragraph (c) telegraph, in which case the informa- for corn seed from New Zealand, seed and all tion required above must be given. other portions in the raw or unmanufactured state of Indian corn or maize (Zea mays L.), (Approved by the Office of Management and and the closely related plants, including all Budget under control number 0579–0049) species of Teosinte (Euchlaena), jobs-tears (Coix), Polytoca, Chionachne, Sclerachne, (44 U.S.C. 35) and Trilobachne, from Australia, Burma, [24 FR 10788, Dec. 29, 1959, as amended at 48 Cambodia, China, Formosa, India, Indonesia, FR 57466, Dec. 30, 1983] Japan and adjacent islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North § 319.41–3 Issuance of permits. Viet-Nam, Oceania, Pakistan, Philippines, (a) On approval by the Deputy Ad- Ryukyu Islands, Thailand, and Viet-Nam. (§ 319.24.) ministrator of the Plant Protection (c) Seed of Indian corn or maize (Zea mays L.) that is free from the cob and from all 3A quarantine is maintained by Canada to other parts of corn may be imported into the prevent spread of the European corn borer United States from New Zealand without from the infested eastern areas to the still further restriction. (§ 319.24.). uninfested Provinces west of Ontario.
243
VerDate 20
and Quarantine Programs of the appli- Guam, through the Customs officer of cation mentioned in § 319.41–2, a permit the Government of Guam, on forms will be issued. provided for that purpose, stating the (b) For broomcorn and brooms and number of the permit, the date of similar articles made of broomcorn, entry, the name of ship or vessel, rail- permits will be issued by the Deputy road, or other carrier, the country and Administrator of the Plant Protection locality where the articles were grown, and Quarantine Programs for such the name of the foreign shipper, the ports as may be designated therein, ex- quantity or number of bales or contain- cept that permits will be issued for the ers, and the marks and numbers on the entry of broomcorn originating in bales or containers, the port of arrival, countries other than those in the North and the name of the importer or broker or South American Continents or the at the port of arrival. West Indies only through the ports of (Approved by the Office of Management and Baltimore, Boston, New York, and Nor- Budget under control number 0579–0049) folk, or through other northeastern ports which may from time to time be (44 U.S.C. 35) designated in the permit, and at which [24 FR 10788, Dec. 29, 1959, as amended at 48 facilities for treatment of infested ma- FR 57466, Dec. 30, 1983] terial may be available, such entry to be limited to those shipments accom- § 319.41–5 Condition of entry. panied by on-board bills of lading dated (a) The entry of the articles covered within the period September 15 by § 319.41–1 is conditioned on their through February 15 of the succeeding freedom from the European corn borer year, both dates inclusive. Permits will and other injurious insects and plant not be issued for the entry of diseases, and upon their freedom from broomcorn from any source through contamination with plant materials ports on the Pacific Coast. prohibited entry under other quar- (c) For shelled corn and for seeds of antines. All shipments of these articles other plants listed in § 319.41, and for shall be subject to inspection at the corn on the cob, green or mature, from port of arrival by an inspector of the the land areas designated in Plant Protection and Quarantine Pro- § 319.41(b)(2), permits will be issued for grams, in order to determine their free- ports where the Plant Protection and dom from such insects and diseases and Quarantine Programs maintains an in- from contaminating materials, and to spection service and for such other such sterilization, grinding, or other ports as may be designated in the per- necessary treatment as the inspector mit. may prescribe. Should an importation (d) Pending development of adequate be found on inspection to be so infested treating facilities in Guam, any of the or infected or contaminated that, in articles specified in § 319.41–1 that are the judgment of the inspector, it can subject to treatment as a condition of not be made safe by sterilization or entry therein must first be entered and other treatment, the entire shipment treated in accordance with the require- may be refused entry. ments of this subpart at a U.S. port of (b) When entry under sterilization or arrival where such treating facilities other treatment is permitted, the im- are available. portation will be released to the per- [24 FR 10788, Dec. 29, 1959, as amended at 33 mittee for such treatment, upon the FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, filing with the appropriate customs of- 1971] ficial of a bond in the amount of $5,000, or in an amount equal to the invoice § 319.41–4 Notice of arrival by permit- value, if such value be less than $5,000, tee. with approved sureties, and condi- Immediately upon arrival of the im- tioned that the importation shall be portation at the port of arrival the per- sterilized or otherwise treated under mittee shall submit, in duplicate, no- the supervision of the inspector; that tice to the Plant Protection and Quar- no bale or container shall be broken, antine Programs, through the U.S. Col- opened, or removed from the port of ar- lector of Customs, or, in the case of rival unless and until a written notice
244
VerDate 20
is given to said customs official by an 5, will be treated by one of the follow- inspector that the importation has ing methods: been properly sterilized or treated; and (a) Vacuum fumigation. (1) The tem- that the importation shall be redeliv- perature of the stalks and of the fumi- ered to said customs official within 30 gation chamber during the fumigation days after its arrival. shall be not less than 60° F. (c) Should a shipment requiring steri- (2) The dosage for the fumigation lization or other treatment under the shall be 3 pounds of liquid hydrocyanic provisions of the regulation in this sub- acid or its equivalent per 1,000 cubic part arrive at a port where facilities feet of space. for such sterilization or other treat- (3) The air pressure in the fumigation ment are not maintained, such ship- chamber shall be reduced to the equiv- ment shall either be promptly shipped alent of 2 inches of mercury (a 28–inch under safeguards and by routing pre- vacuum at sea level), after which the scribed by the inspector to an approved hydrocyanic acid shall be introduced port where facilities for sterilization or and the low pressure held for the dura- other treatment are available, or it tion of the fumigation. shall be refused entry. (4) The exposure shall be not less (d) Other conditions of entry as ap- than 3 hours. plying to the certain classes of articles (b) Steam sterilization. (1) The air pres- enumerated in § 319.41–1 are: sure in the treating chamber shall be (1) Broomcorn. All importations of reduced to the equivalent of 5 inches of broomcorn shall be so baled as to pre- mercury (a 25–inch vacuum at sea vent breakage and scattering in con- level). nection with the necessary handling (2) Steam shall then be introduced and sterilization; if in the judgment of until a positive pressure of 10 pounds is the inspector they are not so baled, obtained. entry may be refused. All importations (3) The exposure to the 10–pound posi- of broomcorn shall be subject to such tive pressure of steam shall continue sterilization or other treatment as the for a period sufficient to assure a con- inspector may require. stant temperature in all parts of the (2) Articles made of broomcorn. Brooms treating chamber, after which the or similar articles made of broomcorn steam may be shut off and the treating shall be subject to sterilization unless chamber exhausted of the uncondensed their manufacture involves the sub- steam. stantial elimination of stems or such (c) Other treatments. Any other treat- treatment of the included stems as in ments approved by the Deputy Admin- the judgment of the inspector shall istrator of the Plant Protection and preclude such articles from being the Quarantine Programs in specific cases. means of carriage of the European corn [24 FR 10788, Dec. 29, 1959, as amended at 34 borer and of other injurious insects and FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, plant diseases. 1971] (3) Shelled corn and other seeds. If shipments of shelled corn and seeds of § 319.41–6 Importations by mail. the other plants from countries other In addition to entries by freight or than those named in § 319.41–1 (b)(2) are express provided for in § 319.41–5, impor- found upon inspection at the port of ar- tations are permitted by mail of (a) rival to be appreciably fouled with cobs mature corn on the cob from the coun- or other portions of the plants the in- tries specified in § 319.41–1(b)(2), (b) spector may require sterilization or clean shelled corn and clean seed of the other treatment or may refuse entry. other plants covered by § 319.41: Pro- vided, That a permit has been issued for § 319.41–5a Administrative instruc- the importation: Provided further, That tions; method used for the disinfec- each shipment is accompanied from the tion of imported broomcorn and foreign mailing point by a special mail- broomcorn brooms. ing tag, which will direct the package Broomcorn and articles made of to a Plant Protection and Quarantine broomcorn which are required to be Programs inspection station for inspec- treated, under the provisions of § 319.41– tion in accordance with § 319.41–5 before
245
VerDate 20
release to the mails for delivery to the Mexico, and of rice straw and rice hulls importer. These special mailing tags from all foreign countries and local- will be furnished on request to the im- ities. porter for transmission to his foreign (c) On and after November 23, 1933, by shipper. virtue of the said act of Congress, the (Approved by the Office of Management and importation of seed or paddy rice into Budget under control number 0579–0049) the United States from all foreign countries and localities except the Re- (44 U.S.C. 35) public of Mexico is prohibited, and the [24 FR 10788, Dec. 29, 1959, as amended at 48 importation of seed or paddy rice from FR 57466, Dec. 30, 1983] the Republic of Mexico and of rice straw and rice hulls from all foreign Subpart—Rice countries and localities is forbidden ex- cept in accordance with the rules and QUARANTINE regulations supplemental hereto: Pro- vided, That whenever the Deputy Ad- § 319.55 Notice of quarantine. ministrator of the Plant Protection (a) The fact has been determined by and Quarantine Programs shall find the Secretary of Agriculture, and no- that existing conditions as to pest risk tice is hereby given, (1) that injurious involved in the importation of the arti- fungous diseases of rice, including cles to which the regulations supple- downy, mildew (Sclerospora mental hereto apply, make it safe to macrospora), leaf smut (Entyloma modify, by making less stringent, the oryzae), blight (Oospora oryzetorum), restrictions contained in any of such and glume blotch (Melanomma regulations, he shall publish such find- glumarum), as well as dangerous insect ings in administrative instructions, pests, new to and not heretofore widely specifying the manner in which the prevalent or distributed within and regulations shall be made less strin- throughout the United States, exist, as gent, whereupon such modification to one or more of such diseases and shall become effective; or he may, pests, in Europe, Asia, Africa, Central when the public interests will permit, America, South America, and other with respect to the importation of such foreign countries and localities, and may be introduced into this country articles into Guam, upon request in through importations of seed or paddy specific cases, authorize such importa- rice, rice straw, and rice hulls, and (2) tion under conditions, specified in the that the unrestricted importation of permit to carry out the purposes of seed or paddy rice from the Republic of this subpart, that are less stringent Mexico and of rice straw and rice hulls than those contained in the regula- from all foreign countries and local- tions. ities may result in the entry into the (d) As used in this subpart, unless the United States of the injurious plant context otherwise requires, the term diseases heretofore enumerated, as well ‘‘United States’’ means the States, the as insect pests. District of Columbia, Guam, Puerto (b) Under authority conferred by the Rico, and the Virgin Islands of the act of Congress approved August 20, United States. 1912, known as ‘‘The Plant Quarantine Act’’ (37 Stat. 315; 7 U.S.C. 151–167), as § 319.55a Administrative instructions amended, the Secretary of Agriculture relating to entry of rice straw and rice hulls into Guam. does hereby declare that it is nec- essary, in order to prevent the intro- Rice straw and rice hulls may be im- duction into the United States of the ported into Guam without further per- insect pests and plant diseases referred mit, other than the authorization con- to, to forbid the importation into the tained in this paragraph. The port of United States of seed or paddy rice entry shall be Agana or such other port from all foreign countries and local- as may be satisfactory to the inspec- ities except the Republic of Mexico, tor. Such importations may be made and to restrict the importation of seed without the submission of a notice of or paddy rice from the Republic of arrival inasmuch as there is available
246
VerDate 20
to the inspector the essential informa- (c) Application may be mader by tion normally supplied by an importer telegraph, in which case the informa- at the time of importation. The re- tion required above must be furnished. quirements of §§ 319.55–6 and 319.55–7 (Approved by the Office of Management and shall not apply. Inspections of such im- Budget under control number 0579–0049) portations may be made under the gen- eral authority of § 330.105(a) of this (44 U.S.C. 35) chapter. If an importation is found in- [24 FR 10788, Dec. 29, 1959, as amended at 48 fected, infested, or contaminated by FR 57466, Dec. 30, 1983] any plant pest and is not subject to dis- posal under this part, disposition may § 319.55–3 Ports of entry. be made in accordance with § 330.106 of (a) For importations of seed or paddy this chapter. rice from the Republic of Mexico, per- mits will be issued for entry through RULES AND REGULATIONS Mexican border ports and such other ports as may later be approved by the § 319.55–1 Definitions. Plant Protection and Quarantine Pro- (a) Seed or paddy rice. Unhusked rice grams. in the form commonly used for seed (b) For importations of rice straw purposes; the regulations in this sub- and rice hulls from all foreign coun- part do not apply to husked or polished tries, permits will be issued for entry rice imported for food purposes. at New York and Boston and at such other ports as may later be approved (b) Port of first arrival. The first port by the Plant Protection and Quar- within the United States where the antine Programs. shipment is (1) offered for consumption (c) Pending development of adequate entry or (2) offered for entry for imme- treating facilities in Guam, seed or diate transportation in bond. paddy rice, rice straw, and rice hulls (c) Inspector. An Inspector of the that are subject to treatment as a con- Plant Protection and Quarantine Pro- dition of entry therein must first be grams of the United States Department entered and treated in accordance with of Agriculture. the requirements of this subpart at a United States port of arrival where § 319.55–2 Application for permit. such treating facilities are available. (a) Application for a permit to im- (d) Should a shipment requiring port seed or paddy rice from Mexico or treatment arrive at a port where facili- rice straw or rice hulls from any coun- ties for such treatment are not main- try, may be made to the Plant Protec- tained, such shipment shall either be tion and Quarantine Programs, indicat- promptly shipped under safeguards and ing in the application the locality by routing prescribed by the inspector where the desired material has been to an approved port where facilities for grown, the port of first arrival, and the treatment are available, or it shall be refused entry. name and address of the importer in the United States to whom the permit § 319.55–4 Issuance of permits. should be sent, if other than the appli- Upon receipt of an application and cant. upon approval by an inspector a permit (b) Applications for permits should be will be issued specifying the conditions made in advance of the proposed ship- of entry and the port of entry to carry ments; but if, through no fault of the out the purposes of this subpart, and a importer, a shipment should arrive be- copy will be supplied to the importer. fore a permit is received, the importa- tion will be held in customs custody at § 319.55–5 Notice of arrival by permit- the port of first arrival, at the risk and tee. expense of the importer, for a period Immediately upon the arrival of a not exceeding 20 days, pending the re- shipment at the port of first arrival, ceipt of the permit. the permittee or his agent shall submit
247
VerDate 20
a notice, in duplicate, to the Plant Pro- ment. The required treatment must be tection and Quarantine Programs, given within 20 days after arrival, but through the United States Collector of if any shipment of rice straw or rice Customs, or, in the case of Guam, hulls shall be found upon arrival to be through the Customs officer of the dangerously infested or infected the in- Government of Guam, on a form pro- spector may direct immediate treat- vided for that purpose, stating the ment under adequate safeguards; and, number of the permit, the quantity in if the treatment and safeguards are not the shipment, the locality where put into effect as directed, the ship- grown, the date of arrival, and, if by ment shall be removed from the coun- rail, the name of the railroad company, try immediately or destroyed. the car numbers, and the terminal (2) Unless, within 20 days after the where the shipment is to be unloaded, date of arrival of a shipment at the or, if by vessel, the name of the vessel port at which the formal entry was and the designation of the dock where filed, the importation has received the the shipment is to be landed. required treatment, due notice of (Approved by the Office of Management and which shall be given to the collector of Budget under control number 0579–0049) customs by the inspector, demand will be made by the collector for redelivery (44 U.S.C. 35) of the shipment into customs custody [24 FR 10788, Dec. 29, 1959, as amended at 48 under the terms of the entry bond, and, FR 57466, Dec. 30, 1983] if such redelivery is not made, the ship- ment shall be removed from the coun- § 319.55–6 Inspection and disinfection try or destroyed. at port of arrival. (c) General. (1) All charges for stor- (a) Paddy rice. All importations of age, cartage, and labor incident to in- seed or paddy rice from Mexico shall be spection and disinfection, other than subject, as a condition of entry, to such the services of the inspector, shall be inspection or disinfection, or both, at paid by the importer. the port of arrival, as shall be required (2) All shipments shall be so baled, by the inspector, and to the delivery to bagged, or wrapped as to prevent scat- the collector of customs by the inspec- tering or wastage. If, in the judgment tor of a written notice that the seed or of the inspector, a shipment is not so paddy rice has been inspected and bagged, baled, or wrapped, it shall be found to be apparently free from plant reconditioned at the expense of the per- diseases and insect pests or that the re- mittee or entry may be refused. quired treatment has been given. Should any shipment of such seed or § 319.55–7 Importations by mail. paddy rice be found to be so infested Sections 319.55–2 to 319.55–6, inclu- with insect pests or infected with plant sive, provide for importations other- diseases that, in the judgment of the wise than through the mails. Importa- inspector, it cannot be cleaned by dis- tions of seed or paddy rice from Mex- infection or other treatment, the en- ico, and of rice straw and rice hulls tire shipment may be refused entry. from all foreign countries and local- (b) Rice straw and rice hulls. (1) As a ities, may be made by mail, Provided condition of entry, rice straw and rice (a) That a permit has been issued for hulls shall be subject to inspection and the importation in accordance with to treatment at the port of arrival, §§ 319.55–2, 319.55–4, and (b) That each under the supervision of the inspector, shipment is accompanied from the for- by methods and at plants approved by eign mailing point by a special mailing the Plant Protection and Quarantine tag directing the package to a Plant Programs and, as a further condition of Protection and Quarantine Programs entry, in order to permit effective inspection station for inspection and, if treatment, the contents of packages or necessary, for treatment, before being bales shall not be compressed to a den- released to the mails for delivery to sity of more than 30 pounds per cubic the importer, unless entry is refused in foot. Rice straw and rice hulls will be accordance with the provisions of admitted only at ports where adequate § 319.55–6. The special mailing tags will facilities are available for such treat- be furnished on request to the importer
248
VerDate 20
for transmission in advance to his for- and vegetables, and of plants or por- eign shipper. tions of plants used as packing mate- (Approved by the Office of Management and rial in connection with shipments of Budget under control number 0579–0049) such fruits and vegetables, except as provided in the rules and regulations (44 U.S.C. 35) supplemental hereto, is prohibited: [24 FR 10788, Dec. 29, 1959, as amended at 48 Provided, That whenever the Deputy FR 57466, Dec. 30, 1983] Administrator for the Plant Protection and Quarantine Programs shall find Subpart—Fruits and Vegetables that existing conditions as to pest risk involved in the importation of the arti- QUARANTINE cles to which the regulations supple- mental hereto apply, make it safe to § 319.56 Notice of quarantine. modify, by making less stringent, the (a) The fact has been determined by restrictions contained in any of such the Secretary of Agriculture, and no- regulations, he shall publish such find- tice is hereby given: ings in administrative instructions, (1) That there exist in Europe, Asia, specifying the manner in which the Africa, Mexico, Central America, and regulations shall be made less strin- South America, and other foreign gent, whereupon such modification countries and localities, certain injuri- shall become effective; or he may, ous insects, including fruit and melon when the public interests will permit, flies (Tephritidae), new to and not with respect to the importation of such heretofore widely distributed within articles into Guam, upon request in and throughout the United States, specific cases, authorize such importa- which affect and may be carried by tion under conditions, specified in the fruits and vegetables commercially im- permit to carry out the purposes of ported into the United States or this subpart, that are less stringent brought to the ports of the United than those contained in the regula- States as ships’ stores or casually by tions. passengers or others, and (2) That the unrestricted importation (d) This section leaves in full effect of fruits and vegetables from the coun- all special quarantines and other or- tries and localities enumerated may re- ders now in force restricting the entry sult in the entry into the United States into the United States of fruits and of injurious insects, including fruit and vegetables with the exception of Quar- melon flies (Tephritidae). antine No. 49, with regulations, on ac- (b) The Secretary of Agriculture, count of the citrus black fly, which is under authority conferred by the act of replaced by this section. Congress approved August 20, 1912 (37 (e) As used in this section unless the Stat. 315; 7 U.S.C. 151–167), does hereby context otherwise requires, the term declare that it is necessary, in order to ‘‘United States’’ means the continental prevent the introduction into the United States, Guam, Hawaii, Puerto United States of certain injurious in- Rico, and the Virgin Islands of the sects, including fruit and melon flies United States. (Tephritidae), to forbid, except as pro- vided in the rules and regulations sup- § 319.56a Administrative instructions plemental hereto, the importation into and interpretation relating to entry into Guam of fruits and vegetables the United States of fruits and vegeta- under § 319.56. bles from the foreign countries and lo- calities named and from any other for- (a) The following fruits and vegeta- eign country or locality, and of plants bles may be imported into Guam with- or portions of plants used as packing out treatment except as it may be re- material in connection with shipments quired under § 319.56–6 and they shall of such fruits and vegetables. otherwise be subject to all the require- (c) On and after November 1, 1923, and ments of this subpart as modified by until further notice, the importation this section: from all foreign countries and local- (1) All fruits and vegetables from the ities into the United States of fruits Marianas Islands.
249
VerDate 20
(2) All leafy vegetables and root crops the requirements of §§ 319.56–3 and from the Bonin Islands, Volcano Is- 319.56–4. He may waive the documenta- lands, and Ryukyu Islands. tion required in § 319.56–5 for such prod- (3) All fruits and vegetables from the ucts whenever he shall find that infor- Caroline Islands, except citrus fruits, mation available from other sources and except taro from the Palau and meets the requirements under this sub- Yap districts (the excepted products part for the information normally sup- are not approved for entry into Guam plied by such documentation. under § 319.56 without treatment). (c) The provisions of §§ 319.56–2a and (4) Allium, artichokes, bananas, bell peppers, cabbage, carrots, celery, Chi- 319.56–2b shall not apply to chestnuts nese cabbage, citrus fruits, eggplant, and acorns imported into Guam and grapes, lettuce, melons, okra, parsley, they shall be enterable without further peas, persimmons, potatoes, rhubarb, permit, other than the authorization squash (Cucurbita maxima), stone and contained in this paragraph, and with- pome fruits, string beans, out other restriction under this sub- sweetpotatoes, tomatoes, turnip part, in accordance with the second greens, turnips, and watermelons, from paragraph of § 319.56–2. Inspections of Japan and Korea. such importations may be made under (5) Leafy vegetables, celery, and po- the general authority of § 330.105(a) of tatoes, from the Philippine Islands. this chapter. If an importation is found (6) Carrots (without tops), celery, let- infected, infested, or contaminated tuce, peas, potatoes, and radishes with any plant pest and is not subject (without tops), from Australia. to disposal under this part, disposition (7) Arrowroot, asparagus, bean may be made in accordance with sprouts, broccoli, cabbage, carrots § 330.106 of this chapter. (without tops), cassava, cauliflower, celery, chives, cow-cabbage, dasheen, (d) Coconuts with husks are not ap- garlic, gingerroot, horseradish, kale, proved for entry into Guam from the kudzu, leek, lettuce, onions, Por- Trust Territory under § 319.56. tuguese cabbage, turnip, udo, water (e) Application of the provisions of chestnut, watercress, waterlilyroot, §§ 319.56–2d and 319.56–2f to 319.56–2m, and yam bean root, from Taiwan (For- inclusive, is impracticable in the case mosa). of traffic into Guam and therefore such (8) Lettuce from Netherlands New application is withdrawn. The fruits Guinea. and vegetables which are the subject of (9) Carrots, celery, lettuce, loquats, said provisions are not enterable into onions, persimmons, potatoes, toma- Guam except as they are now, or may toes, and stone fruits, from New Zea- later be, listed in paragraph (a) of this land. section. Yams are included in the list- (10) Asparagus, carrots (without ings in paragraphs (a) (1) and (2) of this tops), celery, lettuce, and radishes section. (without tops) from Thailand. (f) Baskets or other containers made (11) Green corn on the cob. (12) All other fruits and vegetables of coconut fronds are not approved for administratively approved for entry use as containers for fruits and vegeta- into any other part or port of the bles imported into Guam. Fruits and United States, except those for which a vegetables in such baskets or contain- treatment is specified as a condition of ers offered for importation into Guam entry and except any which are now, or will not be regarded as meeting the re- may subsequently be, specifically des- quirement of the first paragraph of ignated in this subpart as not ap- § 319.56–2. proved. (b) The inspector in Guam may, in [24 FR 10788, Dec. 29, 1959, as amended at 29 FR 2329, Feb. 11, 1964; 29 FR 6614, May 21, his judgment, accept an oral applica- 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, tion and issue an oral permit for prod- Sept. 20, 1969; 35 FR 9105, June 12, 1970; 35 FR ucts within paragraph (a) of this sec- 16678, Oct. 28, 1970; 58 FR 43497, Aug. 17, 1993] tion, which shall be deemed to fulfill
250
VerDate 20
RULES AND REGULATIONS entry or (2) offered for entry for imme- diate transportation in bond. § 319.56–1 Definitions. [24 FR 10788, Dec. 29, 1959, as amended at 52 Above ground parts. Any plant parts, FR 29370, Aug. 7, 1987; 57 FR 54489, Nov. 19, such as stems, leaves, fruit, or inflores- 1992] cence, that grow solely above the soil surface. § 319.56–2 Restrictions on entry of Commercial shipment. A shipment con- fruits and vegetables. taining fruits and vegetables that an (a) All importations of fruits and inspector identifies as having been pro- vegetables must be free from plants or duced for sale and distribution in mass portions of plants, as defined in § 319.56– markets. Such identification will be 1. based on a variety of indicators, in- (b) Dried, cured, or processed fruits cluding, but not limited to: quantity of and vegetables (except frozen fruits and produce, type of packaging, identifica- vegetables), including cured figs and tion of grower or packing house on the dates, raisins, nuts, and dried beans packaging, and documents consigning and peas, may be imported without the shipment to a wholesaler or re- permit or other compliance with the tailer. regulations in this subpart: Provided, Cucurbits. Benincasa hispida (wax That any such articles may be made gourd), Citrullus lanatus (watermelon), subject to entry only under permit and Cucumis spp. (including, but not lim- on compliance with the safeguards to ited to cucumber, kiwano, cantaloupe, be prescribed therein, when it shall be honeydew, muskmelon, and Indian determined by the Secretary of Agri- gherkin), Cucurbita spp. (including, but culture that the condition of drying, not limited to squash, zucchini, curing, or processing to which they crenshaws, pumpkin, and marrow), have been subjected may not entirely Lagenaria spp. (including, but not lim- eliminate risk. Such determination ited to the white-flowered gourds), with respect to any such articles shall Luffa spp. (including, but not limited become effective after due notice. to luffa and angled luffa), Momordica (c) Fruits and vegetables grown in balsamina (balsam-apple), Momordica Canada may be imported into the charantia (bitter gourd), and Sechium United States without restriction edule (chayote). under this subpart; provided, that the Deputy Administrator. The Deputy Ad- potatoes from Newfoundland and that ministrator, Plant Protection and portion of the Municipality of Central Quarantine, or any person to whom the Saanich in the Province of British Co- Deputy Administrator has delegated lumbia east of the West Saanich Road his or her authority. are prohibited importation into the Fresh fruits and vegetables. The edible, United States in accordance with more or less succulent, portions of food § 319.37–2 of this part. plants in the raw or unprocessed state, (d) Fruits and vegetables grown in such as bananas, oranges, grapefruit, the British Virgin Islands may be im- pineapples, tomatoes, peppers, lettuce, ported into the Virgin Islands of the etc. United States without further permit Inspector. An inspector of the Plant other than the authorization contained Protection and Quarantine Programs, in this paragraph but subject to the re- U.S. Department of Agriculture. quirements of the first paragraph of Plants or portions of plants. Leaves, this section, and of §§ 319.56–5, 319.56–6 twigs, or other portions of plants, or and 319.56–7, except that such fruits and plant litter or rubbish as distinguished vegetables are exempted from the no- from clean fruits and vegetables, or tice of arrival requirements of § 319.56– other commercial articles. 5 when an inspector shall find that Port of first arrival. The first port equivalent information is obtainable within the United States where the from the U.S. Collector of Customs. shipment is (1) offered for consumption
251
VerDate 20
(e) Any other fruit or vegetable, ex- of origin has established the absence of cept those restricted to certain coun- infestations of injurious insects known tries and districts by special quar- to attack fruits or vegetables in the antine 1 and other orders now in force definite area or district based on sur- and by any restrictive order as may veys performed in accordance with re- hereafter be promulgated, may be im- quirements approved by the Adminis- ported from any country under a per- trator as adequate to detect these in- mit issued in accordance with this sub- festations; part and upon compliance with the reg- (2) The country of origin has adopted ulations in this subpart, at the ports as and is enforcing requirements to pre- shall be authorized in the permit, if the vent the introduction of injurious in- U.S. Department of Agriculture, after sects known to attack fruits and vege- reviewing evidence presented to it, is tables into the definite area or district satisfied that the fruit or vegetable ei- of the country of origin that are ther: deemed by the Administrator to be at (1) Is not attacked in the country of least equivalent to those requirements origin by injurious insects, including imposed under this chapter to prevent fruit and melon flies (Tephritidae); the introduction into the United States (2) Has been treated or is to be treat- and interstate spread of injurious in- ed for all injurious insects that attack sects; and it in the country of origin, in accord- (3) The plant protection service of ance with conditions and procedures the country of origin has submitted to that may be prescribed by the Adminis- the Administrator written detailed trator; procedures for the conduct of surveys (3) Is imported from a definite area or and the enforcement of requirements district in the country of origin that is under this paragraph to prevent the in- free from all injurious insects that at- troduction of injurious insects. tack the fruit or vegetable, its impor- tation can be authorized without risk, When used to authorize importation and its importation is in compliance under § 319.56–2(e)(3), the criteria must with the criteria of paragraph (f) of be applied to all injurious insects that this section; or attack the fruit or vegetable; when (4) Is imported from a definite area or used to authorize importation under district of the country of origin that is § 319.56–2(e)(4), the criteria must be ap- free from certain injurious insects that plied to those particular injurious in- attack the fruit or vegetable, its im- sects from which the area or district is portation can be authorized without to be considered free. risk, and the criteria of paragraph (f) of (g) Each box of fruit or vegetables this section are met with regard to imported into the United States in ac- those certain insects, provided that all cordance with § 319.56–2(e) (3) or (4) and other injurious insects that attack the § 319.56–2(f) must be clearly labelled fruit or vegetable in the area or dis- with: trict of the country of origin have been (1) The name of the orchard or grove eliminated from the fruit or vegetable of origin, or the name of the grower, by treatment or any other procedures and that may be prescribed by the Adminis- (2) The name of the municipality and trator. state in which it was produced, and (f) Before the Administrator may au- (3) The type and amount of fruit it thorize importation of a fruit or vege- contains. table under § 319.56–2(e) (3) or (4), he or (h) The Administrator has deter- she must determine that the following mined that the following municipali- criteria have been met: ties in Sonora, Mexico, meet the cri- (1) Within the past 12 months, the teria of § 319.56–2 (e) and (f) with regard plant protection service of the country to the insect pests Ceratitis capitata, Anastrepha ludens, A. serpentina, A. 1 The importation of citrus fruits into the obliqua, and A. fraterculus: Altar, Atil, United States from eastern and southeastern Caborca, Carbo, Empalme, Guaymas, Asia and certain other areas is restricted by Hermosillo, Pitiquito, Puerto Penasco, the Citrus Fruit Quarantine, § 319.28. San Luis Rio Colorado, and San
252
VerDate 20
Miguel. Apples, apricots, grapefruit, or- acorns and chestnuts grown in and anges, peaches, persimmions, pome- shipped from Canada and Mexico, granates, and tangerines may be im- acorns and chestnuts are permitted ported from these areas without treat- entry into the United States under per- ment for the pests named in this para- mit, for purposes other than propaga- graph. tion, under the provisions of § 319.56 as (i) Pending development of adequate follows: treating facilities in Guam, fruits and (1) Condition of entry. Notwithstand- vegetables that are subject to treat- ing § 319.56–2(e) (1) and (2), all ship- ment as a condition of entry therein ments of acorns and chestnuts are re- must first be entered and treated in ac- quired to be treated as a condition of cordance with the requirements of this entry. Fumigation with methyl bro- subpart at a U.S. port of arrival where mide in accordance with procedures de- such treating facilities are available. scribed in this section is effective (j) The Administrator has determined against the chestnut and acorn weevils, that all Provinces in Chile meet the Curculio elephas (Cyllenhal) and C. criteria of § 319.56–2 (e) and (f) with re- nucum Linnaeus; the nut fruit tortrix, gard to the insect pest Mediterranean et al., Laspeyresia splendana (Hubner), fruit fly (Medfly) (Ceratitis capitata) Laspeyresia spp., and Hemimene juliana (Wiedemann). Fruits and vegetables (Curtis); and other insect pests of from Chile otherwise eligible for im- chestnuts and acorns. Accordingly, this portation under this subpart may be treatment is approved as a condition of imported from these areas without entry in connection with the issuance treatment for Medfly. of permits under § 319.56–4 for the im- portation of chestnuts and acorns from (Approved by the Office of Management and any country except Canada and Mex- Budget under control number 0579–0049) ico. [24 FR 10788, Dec. 29, 1959, as amended at 52 (2) Ports of entry. Acorns and chest- FR 29370, Aug. 7, 1987; 53 FR 10057, Mar. 29, nuts to be offered for entry may be 1988; 53 FR 27956, July 26, 1988; 54 FR 12873, shipped from the country of origin to Mar. 29, 1989; 56 FR 1731, Jan. 17, 1991; 56 FR United States ports which are named 10790, Mar. 14, 1991; 57 FR 10976, Apr. 1, 1992; in the permit. 58 FR 43497, Aug. 17, 1993; 58 FR 69179, Dec. 30, (3) Approved fumigation. The approved 1993; 59 FR 9382, Feb. 28, 1994; 62 FR 50235, treatment shall consist of fumigation 50238, Sept. 25, 1997] with methyl bromide. The acorns and § 319.56–2a Permits required for entry chestnuts may be fumigated in vacuum of chestnuts and acorns and certain or normal atmospheric chambers, van coconuts. containers, or tarpaulins that have It has been determined that the dry- been approved for that purpose by the ing and processing of chestnuts and Plant Protection and Quarantine Pro- acorns, and of coconuts imported into grams. When the fumigation is carried Guam from the Trust Territory, may out under tarpaulins or in van contain- not entirely eliminate risk of spread of ers, it must be accomplished in a man- injurious insects. Therefore, notice is ner satisfactory to the inspector by in- hereby given that chestnuts and acorns suring adequate air and commodity of all varieties and species may be im- temperatures, and proper volatiliza- ported into any part of the United tion, distribution, and concentration of States from any foreign country and the fumigant. Fumigation with methyl coconuts may be imported into Guam bromide shall be in accordance with from the Trust Territory, only under the following schedules: permit and upon compliance with the (i) In chamber at normal atmospheric safeguards prescribed therein pursuant pressure (NAP): to § 319.56–2. Methyl bromide Exposed ° dosage in Temperature ( F.) pounds per period § 319.56–2b Administrative instruc- 1,000 cu. ft. (hours) tions; conditions governing the entry of acorns and chestnuts. 90±96 ...... 4 3 80±89 ...... 4 4 (a) Countries other than Canada and 70±79 ...... 5 4 Mexico. Except for importations of 60±69 ...... 5 5
253
VerDate 20
Methyl bromide Exposed Methyl bromide ° dosage in ° dosage in Exposed period Temperature ( F.) pounds per period Temperature ( F.) pounds per (hours) 1,000 cu. ft. (hours) 1,000 cu. ft.
50±59 ...... 6 5 (minimum concentra- 40±49 ...... 6 6 tion first 1¤2 hourÐ 85 oz.). ″ (minimum concentra- (ii) In chamber at 26 vacuum: tion at completionÐ 48 oz.). Methyl bromide ° dosage in Exposed period Temperature ( F.) pounds per (hours) 1,000 cu. ft. The fumigation temperatures used in these treatment schedules shall be that 80±96 ...... 3 2 of the nut kernels. Acorns and chest- 70±79 ...... 4 2 nuts fumigated in van containers or 60±69 ...... 4 3 under tarpaulins must be stacked in 50±59 ...... 4 4 40±49 ...... 4 5 the container to provide for circulation of the fumigant under the load. Refrig- (iii) In van containers or under tar- erated van containers fitted with floor paulins: Fumiscope readings are re- grooves meet this requirement. Van quired to assure minimum gas con- containers not fitted with floor grooves centration as specified in this para- and tarpaulins should have provision for air circulation under the load by graph (a)(3)(iii) of this section at the use of dunnage or pallets. Minimum end of the first one-half hour and at concentrations of fumigant during the the completion of the exposure period. exposure period shall be maintained as Methyl bromide specified in the treatment schedules. ° dosage in Exposed period Because of the presence of various Temperature ( F.) pounds per (hours) 1,000 cu. ft. gases emitted by the nuts, special fil- tering procedures will be necessary for 90±96 ...... 4 3 determination of the actual fumigant (minimum concentra- concentrations. At the end of the treat- tion first 1¤2 hourÐ 58 oz.). ment exposure period the nuts shall be (minimum concentra- aerated for a minimum of one-half tion at completionÐ hour. 34 oz.). (4) Supervision of treatment. The treat- 80±89 ...... 4 4 (minimum concentra- ment approved in this section must be tion first 1¤2 hourÐ conducted under the supervision of an 58 oz.). inspector of the Plant Protection and (minimum concentra- Quarantine Programs. The inspector tion at completionÐ 32 oz.). shall require such safeguards in each 70±79 ...... 5 4 specific case for unloading and han- (minimum concentra- dling of the nuts at the port of entry, tion first 1¤2 hourÐ transportation of the nuts from the 72 oz.). place of unloading to the treatment fa- (minimum concentra- tion at completionÐ cilities, and their handling during fu- 42 oz.). migation and aeration as required by 60±69 ...... 5 5 paragraph (a)(3) of this section, as he (minimum concentra- deems necessary to prevent the spread tion first 1¤2 hourÐ 72 oz.). of plant pests and assure compliance (minimum concentra- with the provisions of this subpart. If tion at completionÐ any part of the treatment is conducted 40 oz.). in the country of origin, the person or 50±59 ...... 6 5 organization requesting the service (minimum concentra- tion first 1¤2 hourÐ must enter into a formal agreement 85 oz.). with the Plant Protection and Quar- (minimum concentra- antine Programs to secure the services tion at completionÐ of an inspector. 50 oz.). 40±49 ...... 6 6 (5) Costs. All costs of treatment, re- quired safeguards, and supervision,
254
VerDate 20
other than the services of the super- Plant Protection and Quarantine Pro- vising inspector during regularly as- grams that they are in a satisfactory signed hours of duty and at the usual frozen state on arrival in this country. place of duty, shall be borne by the (d) If the temperature of the fruits or owner of the commodity or his rep- vegetables in any part of such an im- resentative. portation is found to be above 20° F. at (6) Department not responsible for dam- the time of inspection upon arrival, the ages. The treatment prescribed in para- entire shipment shall remain on board graph (a)(3) of this section is judged the vessel or vehicle under such safe- from experimental tests to be safe for guards as may be prescribed by the in- use with acorns and chestnuts. How- spector of the Plant Protection and ever, the Department assumes no re- Quarantine Programs until the tem- sponsibility for any damage sustained perature of the shipment is below 20° through or in the course of the treat- F., or the shipment is transported out- ment, or because of safeguards required side the United States or its territorial under paragraph (a)(4) of this section. waters, or is otherwise disposed of to (b) Canada and Mexico. Acorns and the satisfaction of the inspector. chestnuts grown in and shipped from Canada and Mexico for purposes other (e) The importation from foreign than propagation are enterable without countries of frozen fruits and vegeta- permit or further restriction under this bles is not authorized when such fruits subpart. and vegetables are subject to attack in (c) Nuts for propagation. Acorns and the area of origin, by plant pests that chestnuts from any country may be may not, in the judgment of the Dep- imported for purposes of propagation uty Administrator of the Plant Protec- only in accordance with § 319.37. tion and Quarantine Programs, be de- stroyed by freezing. [37 FR 19799, Sept. 22, 1972] (f) Freezing of fruits and vegetables as authorized in the instructions in § 319.56–2c Administrative instructions authorizing the importation of fro- this section is considered necessary for zen fruits and vegetables. the elimination of pest risk, and no li- ability shall attach to the U.S. Depart- (a) The type of treatment designated in this subpart as freezing shall be one ment of Agriculture or to any officer or of those treatments commonly known representative of that Department in as quick freezing, sharp freezing, or the event of injury resulting to fruits frozen pack. In general this involves an or vegetables offered for entry in ac- initial quick freezing at subzero tem- cordance with the instructions in this peratures with subsequent storage and section. transportation handling at not higher ° § 319.56–2d Administrative instruc- than 20 F. Any equivalent freezing tions for cold treatments of certain method is also included in this designa- imported fruits. tion. (b) The Deputy Administrator of the (a) Treatments authorized. Fresh fruits Plant Protection and Quarantine Pro- imported in accordance with this sub- grams, under authority contained in part and required under this subpart to § 319.56–2, hereby prescribes freezing as receive cold treatment as a condition a satisfactory treatment for all fruits of entry must be cold treated in ac- and vegetables enterable under permit cordance with the Plant Protection under § 319.56. Such frozen fruits and and Quarantine (PPQ) Treatment Man- vegetables may be imported from any ual, which is incorporated by reference country under permit, on compliance at § 300.1 of this chapter. The cold with §§ 319.56–1 through 319.56–7 (exclu- treatments listed in the PPQ Treat- sive of non-related administrative in- ment Manual are authorized for any structions), at such ports as shall be fruit required to be cold treated under authorized in the permits. this subpart. (c) Such fruits and vegetables may (b) Place and manner of treatments—(1) not be removed from the vessel or vehi- Places of precooling and refrigeration. cle transporting them until it has been Refrigeration may be conducted while determined by an inspector of the the fruit is on shipboard in transit to
255
VerDate 20
the United States. If not so refrig- frigerated. The boxes of the fruit shall erated, the fruit must be both be spaced by horizontal wooden strips, precooled and refrigerated after arrival so that each has at least 1 inch of only in cold storage warehouses ap- clearance above and below to allow free proved by the Deputy Administrator circulation of the cooling air. At least and located at the following ports: At- 2 inches of clearance shall be allowed lantic ports north of, and including, between stacks of the fruit. Carriers Baltimore, MD; ports on the Great desiring consideration of alternate Lakes and St. Lawrence Seaway; Cana- spacing arrangements may apply to the dian border ports on the North Dakota Plant Protection and Quarantine Pro- border and east of North Dakota; the grams. maritime ports of Wilmington, NC, Se- (3) Refrigeration in transit. (i) Refrig- attle, WA, and Gulfport, MS; Seattle- eration in transit shall consist of hold- Tacoma International Airport, Seattle, ing the fruit temperature at or below WA; Hartsfield-Atlanta International the maximum temperature level for Airport, Atlanta, GA; and Baltimore- the number of days prescribed in or Washington International and Dulles under paragraph (a) of this section. A International airports, Washington, continuous, automatic temperature DC. Fruit which is to be refrigerated in record under lock shall be maintained transit shall be precooled either at a from at least four locations to be des- dockside refrigeration plant prior to ignated in each refrigerated compart- loading aboard the carrying vessel, or ment by an inspector of the Plant Pro- aboard the carrying vessel. Refrigera- tection and Quarantine Programs. In tion shall be completed in the compart- large refrigerated compartments addi- ment or room in which it is begun. tional temperature elements may be (2) Precooling of fruit before departure. required. Charts from the temperature Fruit which is to be refrigerated in recording apparatus shall be made transit must be precooled to the tem- readily available to an inspector of perature designated in or under para- such Plant Protection and Quarantine graph (a) of this section. The Programs at the port of arrival. precooling may be conducted in accord- (ii) Refrigeration shall begin when ance with either paragraph (b)(2) (i) or the loading of precooled fruit has been (ii) of this section: completed or when precooling aboard (i) Fruit may be precooled at a dock- the vessel has been completed. Refrig- side refrigeration plant prior to loading eration shall continue until the vessel aboard the carrying vessel. Such fruit arrives at the port of destination and shall be precooled to a temperature at the fruit is released for unloading by which it can be transferred to the re- an inspector of the Plant Protection frigerated compartments on such ves- and Quarantine Programs, even though sel without a rise above the maximum this may prolong the refrigeration be- temperature prescribed in or under yond the required period. At least once paragraph (a) of this section. A respon- during every 24–hour period, the re- sible official of the Department of Ag- sponsible ship’s officer shall sign the riculture of the country of origin shall temperature chart, noting thereon the sample fruit temperatures in all sec- date and time. tions of the lot of fruit until he is sat- (4) Safeguarding untreated fruit. When- isfied that complete precooling has ever fruit is offered for entry as cold been accomplished in accordance with treated in transit and it cannot be es- this section and shall issue a certifi- tablished to the satisfaction of such in- cate to that effect. As the loading pro- spector that the fruit has received the ceeds the certifying official shall take required cold treatment, such safe- frequent temperature readings of indi- guards against the spread of fruitfly in- vidual boxes of fruit. A record of such festation as the inspector may pre- temperature readings shall accompany scribe shall be immediately applied. the certificate. (5) Cold treatment after arrival—(i) De- (ii) Fruit may be precooled aboard livery. Fruit to be both precooled and the carrying vessel. Such fruit shall be refrigerated after arrival in the United precooled in the same refrigerated States shall be delivered under the su- compartments in which it is to be re- pervision of an inspector of the Plant
256
VerDate 20
Protection and Quarantine Programs fruit arriving at the maritime port of to the approved cold storage warehouse Seattle, WA, for cold treatment, in ad- where such treatment is to be con- dition to meeting all of the require- ducted. ments in paragraphs (b)(5)(i) through (ii) Precooling and refrigeration. The (b)(5)(iii) of this section, must meet the fruit must arrive at a temperature suf- following special conditions: ficiently low to prevent insect activity (A) Bulk shipments (those shipments and shall be promptly precooled and re- which are stowed and unloaded by the frigerated. An automatic, continuous case or bin) of fruit must arrive in fruit temperature record is required of each fly-proof packaging that prevents the refrigeration, like that prescribed in escape of adult, larval, or pupal fruit paragraph (b)(3) of this section for re- flies. frigeration in transit. The number of (B) Bulk and containerized shipments records required will be designated by of fruit must be cold-treated within the the inspector for each refrigeration, de- area over which the Bureau of Customs pending upon the circumstances of is assigned the authority to accept en- each operation. tries of merchandise, to collect duties, (iii) Customs. Shipments offered for and to enforce the various provisions of entry before cold treatment may be al- the customs and navigation laws in lowed to leave customs custody under force. redelivery bond for cold treatment. (C) Advance reservations for cold Final release of the shipment by the treatment space must be made prior to U.S. Collector of Customs, or, in the the departure of a shipment from its case of Guam, by the Customs officer of port of origin. the Government of Guam, will be ef- fected after the inspector has notified (D) The cold treatment facility must the said Customs official that the re- remain locked during non-working quired cold treatment has been given. hours. (iv) Special requirements for the mari- (E) Blacklight or sticky paper must time port of Wilmington, NC. Shipments be used within the cold treatment fa- of fruit arriving at the maritime port cility, and other trapping methods, in- of Wilmington, NC, for cold treatment, cluding Jackson/methyl eugenol and in addition to meeting all of the re- McPhail traps, must be used within the quirements in paragraphs (b)(5)(i) 4 square miles surrounding the cold through (b)(5)(iii) of this section, must treatment facility. meet the following special conditions: (F) The cold treatment facility must (A) Bulk shipments (those shipments have contingency plans, approved by which are stowed and unloaded by the the Deputy Administrator, for safely case or bin) of fruit must arrive in fruit destroying or disposing of fruit. fly-proof packaging that prevents the (vi) Special requirements for the air- escape of adult, larval, or pupal fruit ports of Atlanta, GA, and Seattle, WA. flies. Shipments of fruit arriving at the air- (B) Bulk and containerized shipments ports of Atlanta, GA, and Seattle, WA, of fruit must be cold-treated within the for cold treatment, in addition to area over which the Bureau of Customs meeting all of the requirements in is assigned the authority to accept en- paragraphs (b)(5)(i) through (b)(5)(iii) of tries of merchandise, to collect duties, this section, must meet the following and to enforce the various provisions of special conditions: the customs and navigation laws in (A) Bulk and containerized shipments force. of fruit must arrive in fruit fly-proof (C) Advance reservations for cold packaging that prevents the escape of treatment space must be made prior to adult, larval, or pupal fruit flies. the departure of a shipment from its (B) Bulk and containerized shipments port of origin. of fruit arriving for cold treatment (D) The cold treatment facility must must be cold treated within the area remain locked during non-working over which the Bureau of Customs is hours. assigned the authority to accept en- (v) Special requirements for the mari- tries of merchandise, to collect duties, time port of Seattle, WA. Shipments of and to enforce the various provisions of
257
VerDate 20
the customs and navigation laws in agree in advance on the route by which force. shipments are allowed to move between (C) The cold treatment facility and the vessel on which they arrived at the Plant Protection and Quarantine must port and the cold treatment facility. agree in advance on the route by which The movement of shipments from ves- shipments are allowed to move between sel to cold treatment facility will not the aircraft on which they arrived at be allowed until an acceptable route the airport and the cold treatment fa- has been agreed upon. cility. The movement of shipments (E) Advance reservations for cold from aircraft to cold treatment facility treatment space at the port must be will not be allowed until an acceptable made prior to the departure of a ship- route has been agreed upon. ment from its port of origin. (D) Advance reservations for cold (F) Devanning, the unloading of fruit treatment space must be made prior to from containers into the cold treat- the departure of a shipment from its ment facility, must adhere to the fol- port of origin. lowing requirements: (E) The cold treatment facility must (1) All containers must be unloaded remain locked during non-working within the cold treatment facility; and hours. (2) Untreated fruit may not be ex- (F) Blacklight or sticky paper must posed to the outdoors under any cir- be used within the cold treatment fa- cumstances. cility, and other trapping methods, in- cluding Jackson/methyl eugenol and (G) The cold treatment facility must McPhail traps, must be used within the remain locked during non-working 4 square miles surrounding the cold hours. treatment facility. (H) Blacklight or sticky paper must (G) The cold treatment facility must be used within the cold treatment fa- have contingency plans, approved by cility, and other trapping methods, in- the Deputy Administrator, for safely cluding Jackson/methyl eugenol and destroying or disposing of fruit. McPhail traps, must be used within the (vii) Special requirements for the port of 4 square miles surrounding the cold Gulfport, MS. Shipments of fruit arriv- treatment facility. ing at the port of Gulfport, MS, for (I) During cold treatment, a backup cold treatment, in addition to meeting system must be available to cold treat all of the requirements in paragraphs the shipments of fruit should the pri- (b)(5)(i) through (b)(5)(iii) of this sec- mary system malfunction. The facility tion, must meet the following special must also have one or more reefers conditions: (cold holding rooms) and methods of (A) All fruit entering the port for identifying lots of treated and un- cold treatment must move in maritime treated fruits. containers. No bulk shipments (those (J) The cold treatment facility must shipments which are stowed and un- have the ability to conduct methyl bro- loaded by the case or bin) are per- mide fumigations on-site. mitted at the port of Gulfport, MS. (K) The cold treatment facility must (B) Within the container, the fruit in- have contingency plans, approved by tended for cold treatment must be en- the Deputy Administrator, for safely closed in fruit fly-proof packaging that destroying or disposing of fruit. prevents the escape of adult, larval, or (6) Containers and season of arrival. pupal fruit flies. Containers should be uniform and suit- (C) All shipments of fruit arriving at ably constructed to maintain firm the port for cold treatment must be stacking in the compartment through- cold treated within the area over which out the voyage. Shipments may be the Bureau of Customs is assigned the made during any season of the year. authority to accept entries of merchan- Untreated fruit arriving in broken con- dise, to collect duties, and to enforce tainers must be immediately repacked the various provisions of the customs under the supervision of an inspector and navigation laws in force. or the contents must be immediately (D) The cold treatment facility and destroyed in a manner satisfactory to Plant Protection and Quarantine must the inspector.
258
VerDate 20
(7) Procedures in country of origin. (i) completion of loading of each compart- By arrangement between the Deputy ment. Administrator of the Plant Protection (ix) The certificate of precooling, and Quarantine Programs and the when required, shall be issued in quad- equivalent official in the country of or- ruplicate, to cover the cargo of one ves- igin, certifying officials will be des- sel. The original certificate shall be ignated by the country of origin. Their airmailed to the inspector of the Plant signatures shall be filed with the Plant Protection and Quarantine Programs Protection and Quarantine Programs. in charge at the port of destination. (ii) Each container of fruit intended One copy shall accompany the carrying for intransit refrigeration shall be vessel. The third copy shall be mailed stamped or marked as it is loaded on to the Plant Protection and Quar- the carrying vessel so that it can be antine Programs, Animal and Plant readily identified as such. Fruit being Health Inspection Service, U.S. Depart- shipped under permit to be completely ment of Agriculture, Washington, DC cold treated at the Port of New York or 20520. A record showing calibration of other subsequently designated north- the elements of the temperature re- ern ports shall not be so marked. cording instruments, as required in (iii) Fruit precooled at a dockside re- paragraph (b)(7)(vii) of this section frigeration plant shall be transferred to shall be attached to each certificate, the refrigerated compartments on the along with any record of the fruit tem- carrying vessel without a rise in tem- perature readings required in para- perature above the maximum for the graph (b)(2)(i) of this section. The cer- desired refrigeration. When this trans- tificate shall also show the identifying fer has been accomplished, the certify- stamp or mark placed on all containers ing official shall issue a certificate of of fruit undergoing intransit refrigera- precooling. tion. (iv) Fruit to be precooled on the car- (c) Approval of precooling plants, re- rying vessel in the refrigerated com- frigerated compartments, warehouses. All partments shall be loaded under super- precooling plants in the country of ori- vision of the certifying official to as- gin, the refrigerated compartments on sure that all packages have the proper the carrying vessels, and cold storage clearance on all sides. warehouses at the Port of New York or (v) Fruit in transit for cold treat- subsequently designated northern ports ment after arrival shall be loaded in a must have prior approval of the Deputy separate compartment and segregated Administrator of the Plant Protection from any fruit that is being refrig- and Quarantine Programs before any erated in transit. phase of cold treatment is begun. Re- quests for such approval shall be made (vi) Fruit not intended for any phase to the Plant Protection and Quar- of cold treatment shall not be loaded in antine Programs, Animal and Plant the same refrigerated compartment Health Inspection Service, U.S. Depart- with fruit to be given such cold treat- ment of Agriculture, Washington, DC ment. 20250. 1 Hereafter before a shipboard re- (vii) The certifying official shall cali- frigeration installation will be ap- brate the elements of the temperature proved it must first be certified by the recording instruments not more than 3 American Bureau of Shipping or a com- days prior to the loading of fruit, by ° parable agency as in good order, with immersing them in a 32 F. mixture of the insulated spaces clean and other- crushed ice and fresh water, and re- ° wise in satisfactory condition. cording their deviation from 32 F. He (d) Caution and disclaimer. The cold shall also supervise the placement of treatments required for the entry of the temperature elements in the proper fruit are considered necessary for the places in the cargo of fruit. (viii) The certifying official shall 1 record the following data, noting the Applications for permits to import fruit under this subpart may be made to the Ani- date and time, on the temperature mal and Plant Health Inspection Service, chart: (a) Commencement of loading of Plant Protection and Quarantine, Port Oper- each compartment, (b) insertion of the ations, Permit Unit, 4700 River Road Unit sensing elements into the fruit, and (c) 136, Riverdale, Maryland 20737–1236.
259
VerDate 20
elimination of plant pests, and no li- essary from time to time to determine ability shall attach to the U.S. Depart- pest conditions on arrival or to assure ment of Agriculture or to any officer or himself of the effectiveness of the representative of that Department in treatment. the event injury results to fruit offered (c) The entry of cipollini from Mo- for entry in accordance with these in- rocco may be made only through the structions. In prescribing cold treat- ports of New York and Boston at which ments of certain fruits, it should be ports facilities for vacuum fumigation emphasized that inexactness and care- with methyl bromide, as herein re- lessness in applying the treatments quired, are available. may result in injury to the fruit, or its rejection for entry. Oranges have been [24 FR 10788, Dec. 29, 1959. Redesignated at 50 successfully cold treated for the false FR 9788, Mar. 12, 1985] codling moth in commercial shipments at the temperature prescribed in para- § 319.56–2f [Reserved] graph (a)(2)(v) of this section. Since commercial varieties of oranges show a § 319.56–2g Administrative instruc- tions prescribing method of treat- wide variation in acceptable refrigera- ment of garlic from specified coun- tion temperatures, it is recommended tries. that extensive tests be made with each variety in the country of origin before (a) Except as otherwise provided in shipping in commercial quantities. these administrative instructions, fu- migation with methyl bromide in vacu- [31 FR 16601, Dec. 29, 1966; as amended at 32 um fumigation chambers, in accord- FR 12832, Sept. 8, 1967; 32 FR 13215, Sept. 19, ance with the Plant Protection and 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR Quarantine Treatment Manual, which 40796, Aug. 10, 1994; 59 FR 67610, Dec. 30, 1994; is incorporated by reference at § 300.1 of 61 FR 47666, Sept. 10, 1996] this chapter, is a condition of entry under permit for all shipments of garlic § 319.56–2e Administrative instruc- (Allium sativum) from Algeria, Armenia, tions; conditions governing the Austria, Azerbaijan, Czech Republic, entry of cipollini from Morocco. Egypt, Estonia, France, Georgia, Ger- (a) Shipments of cipollini (Muscari many, Greece, Hungary, Iran, Israel, comosum) from Morocco have fre- Italy, Latvia, Lithuania, Moldova, Mo- quently been found infested at time of rocco, Portugal, Romania, the area of entry with an injurious insect, the Russian Federation west of the Exosoma lusitanica, not known to Ural Mountains, Slovakia, South Afri- occur in the United States. The limited ca (Republic of), Spain, Switzerland, type of inspection at our disposal is not Syria, Turkey, Ukraine, and the area considered adequate to detect all cases of the former Yugoslavia. Fumigation of infestation and, since the effective- is to be carried out under the super- ness of methyl bromide fumigation in vision of a plant quarantine inspector freeing this product from the insect in and at the expense of the importer. question is now well established, it has While it is believed that the garlic will been decided to require this fumigation as a condition of entry for future ship- be unaffected by the fumigation, the ments. treatment will be at the importer’s (b) On and after December 7, 1939, risk. Such entry will be limited to therefore, fumigation with methyl bro- ports named in the permits, where ap- mide will be a condition of entry for all proved facilities for vacuum fumiga- shipments of cipollini from Morocco. tion with methyl bromide are avail- This treatment shall be carried out able. under the supervision of a plant quar- (b)(1) The following alternate proce- antine inspector at the expense of the dure is approved by the Deputy Admin- importer, and release of the shipment istrator of the Plant Protection and will be withheld until the treatment Quarantine Programs as a condition of has been completed. In addition to fu- entry under permit for shipments of migation only such inspection will be garlic (Allium sativum) from Italy and given as the inspector may judge nec- Spain:
260
VerDate 20
(i) A certificate shall be obtained § 319.56–2h Regulations governing the from the appropriate phytosanitary of- entry of grapes from Australia. ficial of the country of origin to the ef- (a) Importations allowed. (1) Grapes fect that such garlic is free of living from Australia may be imported into stages of Brachycerus spp. and the United States only if they are in- Dyspessa ulula (Bkh.), said certifi- spected by an inspector of the Animal cation to be based on field inspection and Plant Health Inspection Service and certification and subsequent reex- [APHIS], either in Australia or the amination at the port of departure United States, and treated with an au- prior to exportation. The thorized treatment under the super- phytosanitary certificate to be issued vision of an APHIS inspector for the by such official shall show the ship- following pests: the Mediterranean ment to be either initially free from fruit fly (Ceratitis capitata), the Queens- these pests or to have been fumigated. land fruit fly (Dacus tryoni), and the light brown apple moth (Epiphyas (ii) The original copy of the postvittana). phytosanitary certificate shall be at- (2) If an APHIS inspector finds evi- tached to the manifest accompanying dence of any other insect pests for the shipment. However, with the con- which a treatment authorized in the sent of the Plant Quarantine inspector, Plant Protection and Quarantine the importer may arrange to have the Treatment Manual is available, the original phytosanitary certificate grapes will remain eligible for importa- mailed direct to the Inspector in tion into the United States only if they Charge, Plant Protection and Quar- are treated for the pests in Australia, antine Programs, at the port of entry, or at their first port of arrival in the if this will expedite inspection and re- United States, under the supervision of lease of certified shipments. If such an an APHIS inspector. arrangement is made, a copy of the (b) Authorized treatments. Authorized phytosanitary certificate shall be at- treatments are listed in the Plant Pro- tached to the manifest accompanying tection and Quarantine Treatment the shipment. Manual, which is incorporated by ref- (iii) Shipments of certified Italian or erence. For the full identification of Spanish garlic will be subject to in- this standard, see § 300.1 of this chap- 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 service of Australia to deposit a cer- [24 FR 10788, Dec. 29, 1959, as amended at 35 tified or cashier’s check with APHIS FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, for the amount of these costs, as esti- 1971. Redesignated at 50 FR 9788, Mar. 12, mated by APHIS. If the deposit is not 1985; 62 FR 50235, Sept. 25, 1997] sufficient to meet all costs incurred by
261
VerDate 20
APHIS, the agreement further requires (b) Department not responsible for dam- the national plant protection service of age. The treatments for mangoes pre- Australia to deposit with APHIS a cer- scribed in § 319.56–2f of this subpart and tified or cashier’s check for the amount in the Plant Protection and Quarantine of the remaining costs, as determined Treatment Manual are judged from ex- by APHIS, before the grapes may be perimental tests to be safe. However, imported. After a final audit at the the Department assumes no respon- conclusion of each shipping season, any sibility for any damage sustained overpayment of funds would be re- through or in the course of such treat- turned to the national plant protection ment. service of Australia, or held on account [55 FR 39134, Sept. 25, 1990] until needed. (d) Department not responsible for dam- § 319.56–2j Conditions governing the age. The treatment for grapes from entry of apples and pears from Aus- Australia prescribed in the Plant Pro- tralia (including Tasmania) and New Zealand. 2 tection and Quarantine Treatment Manual is judged from experimental Apples and pears from Australia (in- tests to be safe. However, the Depart- cluding Tasmania) and New Zealand ment assumes no responsibility for any may be imported only in accordance damage sustained through or in the with § 319.56–2(e) (2) or (3) and under course of such treatment. permit and in compliance with this sec- tion and the other requirements of this [55 FR 25953, June 26, 1990] subpart. (a) Conditions of entry—(1) Statistical § 319.56–2i Administrative instructions sample inspection. A biometrically de- prescribing treatments for mangoes signed statistical sample will be taken from Central America, Mexico, under § 319.56–6 by the inspector of the South America, and the West Indies. plant protection and quarantine pro- (a) Authorized treatments. (1) Treat- grams from each shipment 3 of apples ment with an authorized treatment and each shipment of pears moved from listed in the Plant Protection and New Zealand or Australia (including Quarantine Treatment Manual will Tasmania), that are offered for entry meet the treatment requirements im- into the United States and, if inspec- posed under § 319.56–2 as a condition for tion of such sample discloses that pests the importation into the United States of the family Tortricidae (fruit-leaf of mangoes from Central America, roller complex) which are dangerous South America, and the West Indies. and destructive pests of apples and The Plant Protection and Quarantine pears are not present in the shipment Treatment Manual is incorporated by sampled and the shipment therefore reference. For the full identification of does not present a risk of introducing this standard, see § 300.1 of this chap- such pest, such fruit may be imported ter, ‘‘Materials incorporated by ref- under § 319.56–2(e)(2) without treatment erence.’’ as prescribed in paragraph (a)(2) of this (2) Treatment with an authorized section. If any such pests are found on treatment listed in the Plant Protec- such inspection the shipment must be tion and Quarantine Treatment Man- treated as prescribed in paragraph ual will meet the treatment require- (a)(2) of this section. ments imposed under § 319.56–2 as a con- (2) Approved fumigation. Fumigation dition for the importation into the with methyl bromide in accordance United States of mangoes from Mexico. Manila mangoes from Mexico may also 2 Apples and pears from Australia (exclud- be imported into the United States in ing Tasmania) where certain tropical fruit accordance with § 319.56–2f of this sub- flies occur are also subject to the cold treat- part. The Plant Protection and Quar- ment requirements of § 319.56–2d. 3 antine Treatment Manual is incor- A shipment is defined as all of a type (genus) of fruit from the same country of ori- porated by reference. For the full iden- gin offered at a U.S. port and from a single tification of this standard, see § 300.1 of carrier, regardless of marks and numbers, this chapter ‘‘Materials incorporated growers’ lots, Customs entries, or numbers of by reference.’’ importers involved.
262
VerDate 20
with procedures described in this sec- MB at NAP 11¤2 lb/1,000 ft3 for 21¤2 hours at 80°± tion is effective against certain insect 89° F. (18 oz minimum gas con- pests of the family Tortricidae found in centration at 1¤2 hour) (14 oz mini- 1 Australia (including Tasmania) and mum gas concentration at 2 ¤2 hours). 2 lbs/1,000 ft3 for 21¤2 hours New Zealand. Accordingly, this treat- at 70°±79° F. (25 oz minimum gas ment is required as a condition of concentration at 1¤2 hour) (18 oz entry under § 319.56–2(e)(3) for any ship- minimum gas concentration at 21¤2 ment of apples or pears required to be hours). 21¤2 lbs/1,000 ft3 for 21¤2 treated under paragraph (a)(1) of this hours at 60°±69° F. (31 oz mini- section. mum gas concentration at 1¤2 hour) (24 oz minimum gas concentration The fruit may be fumigated in normal at 21¤2 hours). 3 lbs/1,000 ft3 for atmospheric chambers, under tarpau- 21¤2 hours at 50°±59° F. (36 oz min- lins, in van trucks or other enclosures imum gas concentration at 1¤2 hour) that have been approved for that pur- (28 oz. minimum gas concentration pose by an inspector of the plant pro- at 21¤2 hours). 4 lb/1,000 ft3 for 21¤2 tection and quarantine programs. hours at 40°±49° F. (45 oz mini- When the fumigation is carried out, it mum gas concentration at 1¤2 hour) must be accomplished in a manner sat- (34 oz minimum gas concentration at 21¤2 hours). isfactory to the inspector to insure adequate air and commodity tempera- (3) Ports of entry. Apples and pears to tures, and proper volatilization, dis- be offered for entry under this section tribution, and concentration of the fu- may be shipped to any U.S. port where migant, for effective destruction of all inspectors are located and which are such pests present. Apples and pears to named in the permit. be fumigated may be packed in wooden crates, fiberboard cartons, or other (4) Supervision of treatment. The treat- gas-permeable containers. The fruit ment approved in this section must be must be packed so as to provide for conducted under the supervision of an maximum distribution of the fumigant. inspector of the plant protection and If the fruit is packed in a gas-imper- quarantine programs. The inspector vious liner, the liner must be per- shall require such safeguards in each forated to provide for the entry and specific case for unloading and han- aeration of the methyl bromide gas. dling of the fruit at the port of entry, The individual fruit may be wrapped transportation of the fruit from the with tissue paper. Cubic feet of space place of unloading to the treatment fa- under fumigation shall include the load cilities, and its handling during fumi- of fruit to be fumigated. The exposure gation and aeration as required by period shall begin when all the fumi- paragraph (a)(2) of this section, as he gant which has been introduced into deems necessary to prevent the spread the chamber or enclosure has been of insect pests and assure compliance volatilized. The fumigation tempera- with the provisions of this subpart. tures required in these treatments (5) Costs. All costs of treatment, re- shall be that of the pulp temperatures quired safeguards, and supervision, of the fruit. Fumigation with methyl other than the services of the super- bromide shall be in accordance with vising inspector during regularly as- the following schedules: signed hours of duty and at the usual (i) Chamber: 1 place of duty, shall be borne by the 1 ° MB at NAP 1 ¤2 lb for 2 hours at 80±89 F. owner of the fruit or his representa- tive. (6) Department not responsible for dam- ages. The treatment prescribed in para- graph (a)(2) of this section is judged (ii) Tarpaulin truck van and refrig- from experimental tests and uses for erator railway car fumigation: quarantine purposes to be safe for fu- migation of apples and pears. However, the Department assumes no respon- 1 MB=methyl bromide; NAP=normal atmos- sibility for any damage sustained pheric pressure.
263
VerDate 09
through or in the course of the treat- (d) Approved fumigation. Approved fu- ment or because of safeguards required migation shall consist of fumigation under paragraph (a)(4) of this section. with methyl bromide at normal atmos- (Secs. 5 and 9, 37 Stat. 316, 318 (7 U.S.C. 159, pheric pressure in a fumigation cham- 162); 37 FR 28464, 28477, as amended; 38 FR ber that has been approved for that 19141) purpose by the Plant Protection and [38 FR 9005, Apr. 9, 1973, as amended at 47 FR Quarantine Programs. The fumigation 13320, Mar. 30, 1982. Redesignated at 50 FR may also be accomplished under tar- 9788, Mar. 12, 1985] paulins in a manner, satisfactory to the inspector, that will insure adequate § 319.56–2k Administrative instruc- air and fruit temperatures, volatiliza- tions prescribing method of fumiga- tion of field-grown grapes from tion, distribution, and concentration of specified countries. the fumigant. Such fumigation shall be in accordance with the following fumi- Approved fumigation with methyl bromide at normal atmospheric pres- gation schedule: sure, in accordance with the following Temperature, degrees Methyl bromide dos- Exposure procedure, is hereby prescribed as a F. age in pounds per timeÐhours condition of entry under permit for all 1,000 cubic feet
shipments of field-grown grapes from 70±79 ...... 2 21¤2 the continental countries of southern 60±69 ...... 21¤2 21¤2 and middle Europe, North Africa, and 50±59 ...... 3 21¤2 the Near East listed in paragraph (a) of 40±49 ...... 31¤2 21¤2 this section. This fumigation shall be in addition to other conditions pre- (e) Supervision of fumigation. Inspec- scribed in the permit as conditions of tors of the Plant Protection and Quar- entry for field-grown grapes from the antine Programs shall supervise the fu- areas named. migation of grapes and shall prescribe (a) Continental countries of southern such safeguards as may be necessary and middle Europe, North Africa, and the for unloading, handling, and transpor- Near East. As used in this section, the tation preparatory to fumigation or term ‘‘continental countries of south- other treatment. The final release of ern and middle Europe, North Africa, the fruit for entry into the United and the Near East’’ means Algeria, States will be conditioned upon com- Austria, Bulgaria, Cyprus, Egypt, pliance with prescribed safeguards and France, Germany, Greece, Hungary, required treatments. Israel, Italy, Libya, Luxembourg, Por- (f) Costs. All costs of treatment and tugal, Spain, Switzerland, Syria, and required safeguards and supervision, Union of Soviet Socialist Republics. other than the services of the super- (b) Ports of entry. Grapes to be offered vising inspector during regularly as- for entry must be shipped from the signed hours of duty and at the usual country of origin to New York or such place of duty, shall be borne by the other North Atlantic ports as may be named in the permit. owner of the grapes or his representa- (c) Precooling of fruit. Grapes to be of- tive. fered for entry must be shipped under (g) Department not responsible for dam- refrigeration and the fruit may not be age. The treatment prescribed in para- removed from the vessel until the in- graph (d) of this section is judged from spector has satisfied himself that this experimental tests to be safe for use requirement has been complied with with field-grown grapes. However, the and that the fruit can be moved Department assumes no responsibility promptly for treatment without danger for any damage sustained through or in of plant pest dissemination. 1 the course of such treatment or by compliance with requirements under 1 Grapes from countries where the Medi- paragraph (e) of this section or in the terranean fruit fly occurs are subject to the precooling of fruit required prior to un- cold treatment as described in § 319.56–2d. loading from the vessel. Under certain conditions such treatment may be effected in transit or upon arrival at [24 FR 10788, Dec. 29, 1959. Redesignated at 50 the port of New York. FR 9788, Mar. 12, 1985]
264
VerDate 20
§ 319.56–2l Administrative instructions time they should be given as much aer- prescribing method of treatment of ation as possible. imported yams. (3) Other conditions. (i) Inspectors of (a) Fumigation upon arrival. Except as the Plant Protection and Quarantine otherwise provided in paragraph (b) of Programs will supervise the fumigation this section, approved fumigation with of yams and will specify such safe- methyl bromide at normal atmospheric guards as may be necessary for their pressure, in accordance with the fol- handling and transportation before and lowing procedure, upon arrival at the after fumigation, if, in the opinion of port of entry, is hereby prescribed as a the inspector, this is necessary to as- condition of importation under permit sure there will be no pest risk associ- under § 319.56–2 for shipments of yams ated with the importation and treat- from all foreign countries. ment. Final release of the yams for (1) Ports of entry. Yams to be offered entry into the United States will be for entry may be shipped, under permit conditioned upon compliance with the under § 319.56–2, direct from the country specified safeguards. of origin to ports in the United States (ii) Supervision of approved fumiga- where approved fumigation facilities tion chambers will, if practicable, be are available. carried on as a part of normal port in- (2) Approved fumigation. (i) The ap- spection activities. When so available proved fumigation shall consist of fu- such supervision will be furnished migation with methyl bromide at nor- without cost to the owner of the yams mal atmospheric pressure, in a fumiga- or his representative. tion chamber that has been approved (4) Costs. All costs of treatment and for that purpose by the Plant Protec- required safeguards and supervision, tion and Quarantine Programs. The other than the services of the super- dosage shall be applied at the following vising inspector during regularly as- rates: signed hours of duty and at the usual place of duty, shall be borne by the Dosage (pounds of Exposure owner of the yams, or his representa- Temperature, (° F.) methyl bromide per period 1,000 cubic feet) (hours) tive. (5) Department not responsible for dam- 90±96 ...... 2.5 4 80±89 ...... 3.0 4 age. While the prescribed treatment is 70±79 ...... 3.5 4 judged from experimental tests to be safe for use with yams, the Department (ii) Yams to be fumigated may be assumes no responsibility for any dam- packed in slatted crates or other gas- age sustained through or in the course permeable containers. The fumigation of treatment or because of chamber shall not be loaded to more pretreatment or posttreatment safe- than two-thirds of its capacity. The guards. four-hour exposure period shall begin (b) Alternate procedures. (1) Yams pro- when all the fumigant has been intro- duced in Japan and offered for entry duced into the chamber and volatilized. under a permit issued in accordance Cubic feet of space shall include the with § 319.56–2 shall be subject to exam- load of yams to be fumigated. The re- ination by an inspector at the port of quired temperatures apply to both the entry. If this examination shows the air and the yams. Good circulation yams to be free of plant pests, they above and below the load shall be pro- may be imported without the fumiga- vided as soon as the yams are loaded in tion required by paragraph (a) of this the chamber and shall continue during section. the full period of fumigation and until (2) Yams produced in Cuba, if satis- the yams have been removed to a well- factorily treated in Cuba and otherwise ventilated location. Fumigation of handled and certified as provided in yams below the minimum temperature this subparagraph will be eligible for prescribed in the fumigation schedule entry under permit under § 319.56–2. may result in injury to the yams and (i) Approved fumigation. The yams should be avoided. Yams are sensitive shall be fumigated at approved plants to bruising and should be carefully in Cuba in accordance with paragraph packed to prevent this. At the same (a)(2) of this section.
265
VerDate 20
(ii) Approval of fumigation plants; costs ating fumigation plants and facilities, of supervision. Fumigation in Cuba will and carrying out requirements of be contingent upon the availability of posttreatment safeguards, and all costs a fumigation plant, approved by the as indicated in paragraph (b)(2)(ii) of Deputy Administrator of the Plant this section incident to plant approval Protection and Quarantine Programs, and supervision of treatment and sub- to apply the treatment prescribed in sequent handling of the yams in Cuba paragraph (a)(2) of this section and shall be borne by the owner of the upon the availability of qualified per- yams or his representative. sonnel for assignment to approve the (vi) Department not responsible for plant and to supervise the treatment damage. The treatment prescribed in and posttreatment handling of the paragraph (a)(2) of this section is yams in Cuba. Those in interest must judged from experimental tests to be make advance arrangements for ap- safe for use with yams. However, the proval of the fumigation plant and for Department assumes no responsibility supervision, and furnish the Deputy for any damage sustained through or in Administrator of the Plant Protection and Quarantine Programs with accept- the course of treatment, or because of able assurances that they will provide, posttreatment safeguards. without cost to the United States De- (vii) Ports of entry. Yams to be offered partment of Agriculture, for all trans- for entry in accordance with the alter- portation, per diem, and other inciden- nate procedure provided for in this sub- tal expenses of such personnel and paragraph may be entered under per- compensation for such personnel for mit under § 319.56–2 at any United their services in excess of 40 hours States port where an inspector is sta- weekly, in connection with such ap- tioned. proval and supervision, according to (viii) Ineligible shipments. Any ship- the rates established for the payment ments of yams produced in Cuba that of inspectors of the Plant Protection are not eligible for certification under and Quarantine Programs. the alternate procedure provided for in (iii) Supervision of fumigation and sub- this paragraph may enter only upon sequent handling. The fumigation pre- compliance with paragraph (a) of this scribed in this paragraph and the sub- section. sequent handling of the yams so fumi- gated must be under the supervision of [24 FR 10788, Dec. 29, 1959. Redesignated at 50 a representative of the Plant Protec- FR 9788, Mar. 12, 1985] tion and Quarantine Programs. The treated yams must be safeguarded § 319.56–2m Administrative instruc- tions prescribing method of fumiga- against insect infestation during the tion of apricots, grapes, nectarines, period prior to shipment from Cuba, in peaches, plumcot, and plums from a manner required by such representa- Chile. tive. (iv) Certification. Yams will be cer- Approved fumigation with methyl tified by a representative of the Plant bromide at normal atmospheric pres- Protection and Quarantine Programs sure, in accordance with the following in Cuba for entry into the United procedure, is hereby prescribed as a States upon the basis of treatment condition of entry under permit for all under this subparagraph and compli- shipments of apricots, grapes, nec- ance with the posttreatment safeguard tarines, peaches, plumcot, and plums requirements imposed by such rep- from Chile. This fumigation shall be in resentative. The final release of the addition to other conditions that may yams for entry into the United States be prescribed in the permit, such as a will be conditioned upon compliance limitation as to origin, and require- with such requirements and upon satis- ments as to marking containers, safe- factory inspection on arrival to deter- guarding shipments from fruit fly in- mine efficacy of treatment. festation, and obtaining Chilean cer- (v) Costs. All costs incident to fumi- tification. gation, including those for construc- (a) Ports of entry. (1) Grapes from tion, equipping, maintaining and oper- Chile may be imported through all
266
VerDate 20
maritime ports when approved facili- owner of the fruits or his representa- ties are available for fumigation in ap- tive. proved chambers or under tarpaulins. (e) Department not responsible for dam- (2) Apricots, nectarines, peaches, age. The treatment prescribed in para- plumcot, and plums from Chile may be graph (b) of this section is judged from imported through ports on the Great experimental tests to be safe for use Lakes, or on the Atlantic and Gulf with apricots, grapes, nectarines, Coasts (exclusive of Florida ports), sub- peaches, plumcot, and plums from ject to the availability of such ap- Chile. However, the Department as- proved fumigation facilities. sumes no responsibility for any damage (b) Approved fumigation. Approved fu- sustained through or in the course of migation shall consist of fumigation such treatment or by compliance with with methyl bromide at normal atmos- requirements under paragraph (c) of pheric pressure in a fumigation cham- this section. ber that has been approved for that purpose by the Plant Protection and [25 FR 10865, Nov. 16, 1960, as amended at 36 Quarantine Programs. The fumigation FR 24917, Dec. 24, 1971. Redesignated at 50 FR may also be accomplished under tar- 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; paulins in a manner, satisfactory to 58 FR 69179, Dec. 30, 1993] the inspector, that will ensure ade- § 319.56–2n Administrative instruc- quate air and fruit temperatures, and tions prescribing a combination volatilization, distribution, and con- treatment of fumigation plus refrig- centration of the fumigant. The treat- eration for certain fruits. ment period shall be 2 hours for cham- Fumigation with methyl bromide at ber fumigation and 21⁄2 hours for tar- paulin fumigation, and the load shall normal atmospheric pressure followed not exceed 80 percent of the chamber by refrigerated storage, in accordance volume or area enclosed by the tarpau- with the procedures described in this lin. The fumigation shall be in accord- section, is specific for the Mediterra- ance with the following schedule: nean fruit fly, the oriental fruit fly, and the grape vine moth, and for cer- ° DosageÐpounds of methyl tain pests of grapes and other fruit Temperature ( F.) bromide per 1,000 cu. ft. from Chile, but may not be effective 80±89 (inclusive) ...... 11¤2 against certain other dangerous pests 70±79 (inclusive) ...... 2 of fruit. Accordingly this treatment 60±69 (inclusive) ...... 21¤2 will be approved for use as an alter- 50±59 (inclusive) ...... 3 40±49 (inclusive) ...... 4 native method of treatment to the methods prescribed in § 319.56–2d and (c) Supervision of fumigation. Inspec- § 319.56–2n, in connection with the tors of the Plant Protection and Quar- issuance of permits under § 319.56–4 for antine Programs shall supervise the fu- the importation of fruits from any migation of apricots, grapes, nec- country when it is determined that the tarines, peaches, plumcot, and plums pest risk involved in the proposed im- from Chile and shall prescribe such portation is such that it will be elimi- safeguards as may be necessary for un- nated by this treatment. loading, handling, and transportation (a) Ports of entry. Fruits to be offered preparatory to fumigation or other for entry may be shipped from the treatment. The final release of the country of origin to United States fruit for entry into the United States ports which are named in the permit. will be conditioned upon compliance (b) Approved treatment. The phases of with prescribed safeguards and re- the combination treatment shall con- quired treatments. sist of fumigation and aeration, and a (d) Costs. All costs of treatment and precooling and refrigeration period. required safeguards and supervision, The fumigation dosage rates and refrig- other than the services of the super- eration periods are designated in the vising inspector during regularly as- following table: signed hours of duty and at the usual place of duty, shall be borne by the
267
VerDate 20
268
VerDate 20
(1) Fumigation and aeration. The ap- (d) Costs. All costs of treatment, re- proved fumigation shall consist of fu- quired safeguards, and supervision of migation with methyl bromide at 70° F. treatments by the inspector shall be or above at normal atmospheric pres- borne by the owner of the fruit, or his sure in a fumigation chamber that has representative, when the treatment is been approved for that purpose by the given in foreign countries. There is no Plant Protection and Quarantine Pro- charge for supervision of treatments grams. The fumigation may also be ac- given at authorized U.S. ports of entry complished under tarpaulins, in a man- during regularly scheduled hours of ner satisfactory to the inspector, that duty. will insure adequate air circulation and (e) Department not responsible for dam- proper volatilization, distribution, and age. The treatment prescribed in para- concentration of the fumigant. The graph (b) of this section is judged from fruit may be packed in field boxes, limited experimental tests to be safe slatted crates, or well-perforated, for use with fruits likely to be infested unwaxed cardboard cartons with ap- with the Mediterranean fruit fly or the proved packing material such as wood oriental fruit fly, or with the grape excelsior or cardboard dividers. The vine moth or other pests of grapes or fruit may be individually wrapped with other fruits from Chile. However, the conventional tissue which is gas per- Department assumes no responsibility meable. When stacking the fruit for fu- for any damage sustained through or in migation, spacing must be provided to the course of the treatment. There has insure adequate gas circulation. The not been an opportunity to test the load shall not exceed 80 percent of the treatment on all varieties of fruits that volume of the area under fumigation. may be offered for entry from various Following the fumigation, an aeration countries. It is recommended that the period of 2 hours is required. phytotoxicity of the treatment to the (2) Precooling and refrigeration period. variety to be shipped shall be tested by At the conclusion of the aeration pe- exporters in the country of origin or by riod, the fruit shall be precooled and means of test shipments sent to this refrigerated in approved facilities for country. any one of the periods designated in the table in this section. Cooling shall [35 FR 283, Jan. 8, 1970, as amended at 36 FR begin as soon as possible after the aer- 24917, Dec. 24, 1971. Redesignated at 50 FR ation period, but in no event may the 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985] time lapse between the termination of fumigation and the beginning of the § 319.56–2o Administrative instruc- precooling exceed 24 hours. Cooling to tions prescribing method of treat- ment of avocados for the Mediterra- the required refrigeration temperature nean fruit fly, the melon fly, and shall be effected as soon as possible. the oriental fruit fly. The refrigeration period shall not com- mence until the fruit pulp tempera- Fumigation with methyl bromide at tures indicate the prescribed tempera- normal atmospheric pressure followed ture range has been reached. by refrigerated storage in accordance (c) Supervision of treatment and subse- with the procedures described in this quent handling. The treatment ap- section is effective against the Medi- proved in this section and the subse- terranean fruit fly, the melon fly, and quent handling of the fruit so treated the oriental fruit fly in avocados but is must be conducted under the super- not effective against other dangerous vision of an inspector of the Plant Pro- pests of this fruit. Accordingly, this tection and Quarantine Programs. If treatment will be approved for treat- any part of the treatment is conducted ment of avocados in connection with in the country of origin, the organiza- the issuance of permits under § 319.56–4 tion requesting the service must enter for the importation of avocados from into a formal agreement with this any country when it is determined that Plant Protection and Quarantine Pro- the pest risk involved in the proposed grams to secure the services of an in- importation is such that it will be spector. eliminated by this treatment.
269
VerDate 20
(a) Ports of entry. Avocados offered erated storage shall consist of 7 days at for entry will be regulated by one of fruit pulp temperature of 45° F. or the following provisions: below. The time required to cool the (1) Avocados certified as having re- pulp temperature to 45° F. or below ceived the combined fumigation-refrig- may be included in the 7-day period eration treatment in the country of or- provided the cooling is accomplished in igin immediately prior to shipment are 24 hours or less. Temperature sensors enterable at all ports under permit. inserted in the avocados will determine (2) Avocados certified as having been when pulp temperatures have reached fumigated in the country of origin and 45° F. or below. which are receiving the refrigeration storage on board approved transiting (c) Supervision of treatments and subse- vessels are enterable at the U.S. ports quent handling. The treatment ap- named in the permit upon completion proved in this section and the subse- of the refrigerated storage period. quent handling of the avocados so (3) Avocados which have not been treated must be conducted under the treated are enterable at the ports supervision of an Inspector of the Plant named in the permit for treatment Protection and Quarantine Programs. upon arrival. If any part of the treatment is con- (b) Approved treatment. The phases of ducted in the country of origin, the or- the combination treatment shall con- ganization requesting the service must sist of fumigation and aeration; and a enter into a formal agreement with precooling and refrigeration period. this Plant Protection and Quarantine (1) The fumigant shall be methyl bro- Programs to secure the services of an mide applied at normal atmospheric inspector. pressure in an enclosure which has (d) Costs. All costs of treatment, re- been approved for that purpose by the Plant Protection and Quarantine Pro- quired safeguards, and supervision of grams. The dosage shall be two pounds treatments by the inspector shall be borne by the owner of the avocados or per 1,000 cubic feet for 21⁄2 hours at 70° F. or above. At the conclusion of the his representative when the treatment 21⁄2-hour exposure period, the avocados is given in foreign countries. There is shall be aerated for minimum of 30 no charge for supervision of treatments minutes. Avocados to be fumigated given at authorized U.S. ports of entry shall be restricted to fruit at the ma- during regularly scheduled hours of ture green stage of development and be duty. arranged in ventilated wooden boxes, (e) Department not responsible for dam- without packing material or wrap- age. The treatment prescribed in para- pings. Fumigation chambers should not graph (b) of this section is judged from be loaded to more than two-thirds of experimental tests to be safe for use on their capacity. Tarpaulin enclosures avocados at the mature green stage of should not be loaded to more than 80 development. However, the Department 1 percent of their capacity. The 2 ⁄2-hour of Agriculture assumes no responsibil- exposure period shall begin when all ity for any damage sustained through the fumigant has been volatilized and introduced into the enclosure. Forced or in the course of treatment. There circulation above and below the load, has not been an opportunity to test the and between individual containers, treatment on all varieties of avocados shall be provided as soon as the avoca- that may be offered for entry from var- dos are loaded in the chamber and shall ious countries. It is recommended that continue during the full period of fumi- the phytotoxicity of the treatment to gation and until the avocados have the variety to be shipped shall be test- been removed to a well ventilated loca- ed by exporters in the country of origin tion. or by means of test shipments sent to (2) The refrigerated phase of the this country. treatment shall consist of refrigeration for 7 days at 45° F. or below. Cooling of [35 FR 2503, Feb. 4, 1970, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR the fruit must begin within 24 hours 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985] following the fumigation. The refrig-
270
VerDate 20
§ 319.56–2p Administrative instruc- the article is eligible for importation tions prescribing treatment and re- into the United States; and lieving restrictions regarding im- (vii) United States means the several portation of okra from Mexico, the states of the United States, the Dis- West Indies, and certain countries trict of Columbia, the Northern Mari- in South America. ana Islands, Puerto Rico, and all other (a) Conditions for issuance of permits. territories and possessions of the (1) Under § 319.56–2, okra may be im- United States.’’ ported under permit and in compliance (b) Authorized treatment procedure. (1) with the regulations in this subpart, The treatment shall consist of fumiga- from Mexico, the West Indies, Colom- tion with methyl bromide at normal bia, Ecuador, Peru, Suriname and Ven- atmospheric pressure, under super- ezuela and any other South American vision, in a fumigation chamber which country specified in the permit, upon has been approved for that purpose, as presentation of evidence that it has prescribed in this section. This treat- been treated in accordance with the ment is specific for the pink bollworm procedure prescribed in paragraph (b) (Pectinophora gossypiella (Saunders) of this section. which is known to occur in Mexico, the (2) Further, it is hereby determined, West Indies, and South America. Under pursuant to § 319.56, that existing con- certain cultural conditions this pest ditions as to the pest risk involved in will infest okra. the importation of okra from such (2) Approval of fumigation chambers. (i) countries make it safe to make less Fumigation chambers in the United stringent the restrictions contained in States or elsewhere will be approved § 319.56–2, by allowing the importation only if they are properly constructed of okra, as provided in paragraphs (c), and adequately equipped to handle and (d), and (e) of this section without rou- treat okra. Within the United States tinely requiring such treatment. the chambers must be located within (3) As used in this section—(i) West the practicable supervisory range of in- Indies means the foreign islands lying spectors of the Plant Protection and between North and South America, the Quarantine Programs stationed at the Caribbean Sea, and the Atlantic Ocean, ports of entry authorized in permits for divided into the Bahamas, the Greater the importation of okra. Approval of Antilles, and the Lesser Antilles (in- fumigation chambers outside the cluding the Leeward Islands, the Wind- United States will depend upon the ward Islands, and the islands north of availability of qualified inspectors for Venezuela); assignment to supervise the treatment (ii) Inspector means an inspector of and posttreatment handling of okra. the Plant Protection and Quarantine (ii) Determination of eligibility for Programs, Animal and Plant Health In- approval under this section of fumiga- spection Service of the Department of tion plants will be made by an inspec- Agriculture; tor of the Plant Protection and Quar- (iii) Enter into the United States means antine Programs. to introduce into the commerce of the (3) Fumigation schedule. Such fumiga- United States after release from gov- tion shall be in accordance with the ernment detention; following fumigation schedule: (iv) Import into the United States Dosage (pounds of means to bring within the territorial Temperature (° F.) methyl bromide per Exposure pe- limits of the United States; 1,000 cubic feet) riod (hours) (v) Port of arrival means the first 90±96 ...... 1.0 2 place at which a carrier containing 80±89 ...... 1.5 2 okra stops to unload cargo after com- 70±79 ...... 2.0 2 60±69 ...... 2.5 2 ing within the territorial limits of the 50±59 ...... 3.0 2 United States; 40±49 ...... 3.5 2 (vi) Permit means a document issued for an article by Plant Protection and (4) Fumigation procedure. Okra to be Quarantine, Animal and Plant Health fumigated may be packed in slatted Inspection Service, United States De- crates or other gas-permeable contain- partment of Agriculture, stating that ers. The fumigation chamber shall not
271
VerDate 20
be loaded to more than two-thirds of (6) Ports of entry. Okra required to be its capacity. The containers may be treated for the pink bollworm may be stacked one on top of another, but a 3- imported into the United States only to 4-inch space must be provided be- at New Orleans or such other South At- tween all containers throughout the lantic or gulf ports with approved load. Good air circulation above and treatment facilities as may be named below the load shall be provided as in the permit, except that, in addition, soon as the okra is loaded and must be Mexican okra required to be treated for continued during the full period of fu- the pink bollworm may be imported migation and until the okra has been into the United States at Mexican Bor- removed to a well-ventilated location. der ports named in the permit. Strong blasts of air should not be di- (7) Costs. Persons desiring to import rected against the okra. Fumigation at okra required to be treated under this ° temperatures in excess of 90 F. may section must make advance arrange- result in injury to okra and should be ments for approval of the fumigation avoided if possible. Past experience in- plant and for supervision of the fumi- dicates that injury may also result gation by an authorized inspector. All from excess moisture, such as residual costs of constructing, maintaining, and moisture from harvesting when dew- operating fumigation plants and facili- covered. ties, and carrying out specified (5) Supervision of fumigation—(i) Other pretreatment and posttreatment safe- than interior of Mexico. Inspectors will guards, and all additional costs to the supervise the fumigation of okra at ap- Department arising from supervision proved fumigation plants in locations under this section, by an inspector other than those in the interior of Mex- ico and will specify safeguards in spe- away from his regular place of official cific cases for the packing, other han- duty or outside of his regular hours of dling and transportation of the okra official duty (including as appropriate, before and subsequent to fumigation, base salary, overtime and holiday pay, if, in the opinion of the inspector, this travel subsistence, transportation, em- is necessary to assure that there will ployee benefits, and incidental ex- be no risk of introducing plant pests penses) shall be borne by the owner of into the United States associated with the okra or his representative. Where the treatment and importation of the normal inspection activities preclude okra. The final release of the okra for the furnishing of supervision during entry into the United States will be regularly assigned hours of duty, su- conditioned upon compliance with the pervision will be furnished on a reim- specified safeguards. Such supervision bursable basis. The owner of the okra at plants within the United States will or his representative must furnish the be carried on as a part of normal port Deputy Administrator of the Plant inspection activities. Protection and Quarantine Programs (ii) Interior of Mexico. Inspectors will with acceptable assurances that he will supervise the fumigation of okra at ap- provide funds to the U.S. Department proved fumigation plants in the inte- of Agriculture to cover all costs of su- rior of Mexico and will prescribe safe- pervision, in accordance with §§ 354.1 guards in specific cases for the packing and 354.2 of this chapter and this para- and other handling of the okra at the graph. treating plant and the transportation (8) Department not responsible for dam- of the okra from the time it leaves the age. While the prescribed treatment is treating plant until it reaches the U.S. judged from experimental tests to be port of entry, if in the opinion of the safe for use with okra, the Department inspector this is necessary to assure assumes no responsibility for any dam- that there will be no risk of introduc- age sustained through or in the course ing plant pests into the United States of treatment or because of associated with the treatment and im- pretreatment or posttreatment safe- portation of the okra. The final release guards. There has not been an oppor- of the okra for entry into the United tunity to test these treatments under States will be conditioned upon com- all conditions or on all okra varieties pliance with the prescribed safeguards. or on okra from all areas involved.
272
VerDate 20
(c) Importations of okra without treat- through any port named in the permit, ment from the Dominican Republic, Mex- without treatment but subject to in- ico, and Suriname Okra produced in the spection at the port of arrival. Okra Dominican Republic, Mexico, or produced in the West Indies may be im- Suriname, may be entered into the ported into the American Virgin Is- United States without treatment for lands without treatment but subject to the pink bollworm only if: inspection at the port of arrival. (1) The okra is imported from the Do- (f) Treatment of okra for pests other minican Republic, Mexico, or Suriname than pink bollworm. If, upon examina- under permit; tion of okra imported in accordance (2) The okra is made available for ex- with paragraphs (c), (d), or (e) of this amination by an inspector at the port section, an inspector at the port of ar- of arrival and remains at the port of rival finds injurious insects, other than arrival until released by an inspector; the pink bollworm, that do not exist in (3) During March 16 through Decem- the United States or are not wide- ber 31, inclusive, the okra is not moved spread in the United States, the okra into California; and will remain eligible for entry into the (4) During May 16 through November United States only if it is treated for 30, inclusive, the okra is not moved the injurious insects in the physical into Alabama, Arkansas, Florida, Geor- presence of an inspector in accordance gia, Louisiana, Mississippi, Nevada, with the Plant Protection and Quar- North Carolina, South Carolina, Ten- antine Treatment Manual. The Plant nessee, or any part of Illinois, Ken- Protection and Quarantine Treatment tucky, Missouri, or Virginia south of Manual is incorporated by reference. the 38th parallel. See § 300.1 of this chapter, Materials in- (d) Importation of okra without treat- corporated by reference.’’ If the treatment ment from the West Indies and certain authorized by the Plant Protection and countries in South America. Okra pro- Quarantine Treatment Manual is not duced in the West Indies, Colombia, Ec- available, or if no authorized treatment uador, Peru, Venezuela, or other South exists, the okra may not be entered into American country, designated in ac- the United States. cordance with § 319.56–2 in a permit to import okra, may be imported into the [35 FR 18033, Nov. 25, 1970, as amended at 36 United States through any North At- FR 24917, Dec. 24, 1971. Redesignated at 50 FR lantic port with approved treatment fa- 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; cilities, under permit and subject to in- 54 FR 33666, Aug. 16, 1989; 57 FR 54489, Nov. 19, spection at the port of arrival but 1992] without treatment for the pink § 319.56–2q Administrative instruc- bollworm in paragraph (d)(2) of this tions: Conditions governing the section if destined to: Alaska, Colo- entry of citrus from South Africa. rado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Maine, Clementine (Citrus reticulata), grape- Maryland, Massachusetts, Michigan, fruit (Citrus paradisi), lemon (Citrus Minnesota, Montana, Nebraska, New limon), minneola (C. paradisi x C. Hampshire, New Jersey, New York, reticulata), navel orange (Citrus North Dakota, Ohio, Oregon, Pennsyl- sinensis), satsuma (Citrus reticulata), vania, Rhode Island, South Dakota, and valencia orange (Citrus sinensis) Utah, Vermont, Washington, West Vir- may be imported into the United ginia, Wisconsin, or Wyoming, or the States from the Western Cape Province District of Columbia, or any part of Il- of South Africa only under the follow- linois, Kentucky, Missouri, or Virginia, ing conditions: north of the 38th parallel. (a) The citrus fruit must be grown in, (e) Importation of okra without treat- packed in, and shipped from the West- ment from Andros Island of the Bahamas; ern Cape Province of South Africa. and okra without treatment from the West (b) The citrus fruit must be cold Indies for importation into the American treated for false codling moth and fruit Virgin Islands. Okra produced in Andros flies of the genus Ceritatis and Island, Bahamas, may be imported into Pterandrus in accordance with the the United States under permit Plant Protection and Quarantine
273
VerDate 20
Treatment Manual, which is incor- spection services; and all salaries (in- porated by reference at § 300.1 of this cluding overtime and the federal share chapter. of employee benefits), travel expenses (1) If the cold treatment is to be con- (including per diem expenses), and ducted in the United States, entry of other incidental expenses incurred by the citrus fruit into the United States the inspectors in performing these is limited to ports listed in § 319.56– services. The agreement requires the 2d(b)(1). plant protection service to deposit a (2) If the cold treatment is conducted certified or cashier’s check with the in South Africa or in transit to the Animal and Plant Health Inspection United States, entry of the citrus into Service (APHIS) for the amount of the United States may be made these costs, as estimated by PPQ. If through any U.S. port. the deposit is not sufficient to meet all (c) Each shipment of citrus fruit costs incurred by PPQ, the agreement must be accompanied by a further requires the plant protection phytosanitary certificate issued by the service to deposit with APHIS a cer- South African Ministry of Agriculture tified or cashier’s check for the amount stating that the conditions of para- of the remaining costs, as determined graph (a) of this section have been met. by PPQ, before the inspection will be (Approved by the Office of Management completed. and Budget under control number 0579– (c) Responsibilities of the exporting 0049) country. The apples or pears may be im- [62 FR 595, Jan. 6, 1997] ported in any single shipping season only if all of the following conditions § 319.56–2r Administrative instructions are met: governing the entry of apples and (1) Officials of the plant protection pears from certain countries in Eu- service must survey each orchard pro- rope. ducing apples or pears for shipment to (a) Importations allowed. Pursuant to the United States at least two times § 319.56(c), the Administrator has deter- between the time of spring blossoming mined that the following fruits may be and harvest. If the officials find any imported into the United States in ac- leaf mines that suggest the presence of cordance with this section and other Leucoptera malifoliella in an orchard, applicable provisions of this subpart: the officials must reject any fruit har- (1) Apples from Belgium, Denmark, vested from that orchard during that France, Germany, Great Britain, Italy, growing season for shipment to the The Netherlands, Northern Ireland, United States. If the officials find evi- Norway, Portugal, the Republic of Ire- dence in an orchard of any other plant land, Spain, Sweden, and Switzerland; pest referred to in paragraph (g) of this (2) Pears from Belgium, France, section, they must ensure that the or- Great Britain, Italy, The Netherlands, chard and all other orchards within 1 Portugal, and Spain. kilometer of that orchard will be treat- (b) Trust fund agreement. Except as ed for that pest with a pesticide ap- provided in paragraph (h) of this sec- proved by the U.S. Environmental Pro- tion, the apples or pears may be im- tection Agency, in accordance with ported only if the national plant pro- label directions and under the direction tection service of the exporting coun- of the plant protection service. If the try (referred to in this section as the officials determine that the treatment plant protection service) has entered program has not been applied as re- into a trust fund agreement with Plant quired or is not controlling the plant Protection and Quarantine (PPQ) for pest in the orchard, they must reject that shipping season. This agreement any fruit harvested from that orchard requires the plant protection service to during that growing season for ship- pay in advance all estimated costs in- ment to the United States. curred by PPQ in providing the (2) The apples or pears must be iden- preclearance inspections prescribed in tified with the orchard from which paragraph (d) of this section. These they are harvested (the producing or- costs will include administrative ex- chard) until the fruit arrives in the penses incurred in conducting the in- United States.
274
VerDate 20
(3) The apples or pears must be proc- pest is found for which no treatment essed and inspected in the approved authorized in the Plant Protection and packing sheds as follows: Quarantine Treatment Manual is avail- (i) Upon arrival at the packing shed, able, the entire grower lot will be re- the apples or pears must be inspected jected for shipment to the United for insect pests as follows: For each States. grower lot (all fruit delivered for proc- (4) Apples or pears that pass inspec- essing from a single orchard at a given tion at approved packing sheds must be time), packing shed technicians must presented to PPQ inspectors for examine all fruit in one carton on preclearance inspection as prescribed every third pallet (there are approxi- in paragraph (d) of this section or for mately 42 cartons to a pallet), or at inspection in the United States as pre- least 80 apples or pears in every third scribed in paragraph (h) of this section. bin (if the fruit is not in cartons on (5) Apples and pears presented for pallets). If they find any live larva or preclearance inspection must be identi- pupa of Leucoptera malifoliella, they fied with the packing shed where they must reject the entire grower lot for were processed, as well as with the pro- shipment to the United States, and the ducing orchard, and this identity must plant protection service must reject for be maintained until the apples or pears shipment any additional fruit from the arrive in the United States. producing orchard for the remainder of (6) Facilities for the preclearance in- the shipping season. spections prescribed in paragraph (d) of (ii) The apples or pears must be sort- this section must be provided in the ex- ed, sized, packed, and otherwise han- porting country at a site acceptable to dled in the packing sheds on grading PPQ. and packing lines used solely for fruit (7) Any apples or pears rejected for intended for shipment to the United shipment into the United States may States, or, if on grading and packing not, under any circumstance, be pre- lines used previously for other fruit, sented again for shipment to the only after the lines have been washed United States. with water. (d) Preclearance inspection. (iii) During packing operations, ap- Preclearance inspection will be con- ples and pears must be inspected for in- ducted in the exporting country by sect pests as follows: All fruit in each PPQ inspectors. Preclearance inspec- grower lot must be inspected at each of tion will be conducted for a minimum two inspection stations on the packing of 6,000 cartons of apples or pears, line by packing shed technicians. In ad- which may represent multiple grower dition, one carton from every pallet in lots from different packing sheds. The each grower lot must be inspected by cartons examined during any given officials of the plant protection serv- preclearance inspection will be known ice. If the inspections reveal any live as an inspection unit. Apples or pears larva or pupa of Leucoptera malifoliella, in any inspection unit may be shipped the entire grower lot must be rejected to the United States only if the inspec- for shipment to the United States, and tion unit passes inspection as follows: the plant protection service must re- (1) Inspectors will examine, fruit by ject for shipment any additional fruit fruit, a biometrically designed statis- from the producing orchard for the re- tical sample of 300 cartons drawn from mainder of that shipping season. If the each inspection unit. inspections reveal any other insect (i) If inspectors find any live larva or pest referred to in paragraph (g) of this pupa of Leucoptera malifoliella, they will section, and a treatment authorized in reject the entire inspection unit for the Plant Protection and Quarantine shipment to the United States. The in- Treatment Manual is available, the spectors also will reject for shipment fruit will remain eligible for shipment any additional fruit from the producing to the United States if the entire grow- orchard for the remainder of the ship- er lot is treated for the pest under the ping season. However, other orchards supervision of a PPQ inspector. How- represented in the rejected inspection ever, if the entire grower lot is not unit will not be affected for the re- treated in this manner, or if a plant mainder of the shipping season because
275
VerDate 20
of that rejection. Additionally, if in- (e) Termination of preclearance pro- spectors reject any three inspection grams. The Administrator may termi- units in a single shipping season be- nate the preclearance program in a cause of Leucoptera malifoliella on fruit country if he determines that any of processed by a single packing shed, no the conditions specified in paragraph additional fruit from that packing shed (c) of this section are not met or be- will be accepted for shipment to the cause of pests found during United States for the remainder of that preclearance inspections. Termination shipping season. of the preclearance program will stop (ii) If the inspectors find evidence of shipments of apples or pears from that any other plant pest referred to in country for the remainder of that ship- paragraph (g) of this section, and a ping season. Termination of the treatment authorized in the Plant Pro- preclearance program for findings of tection and Quarantine Treatment Leucoptera malifoliella in preclearance Manual is available, fruit in the inspec- inspections in any country will be tion unit will remain eligible for ship- based on rates of rejection of inspec- ment to the United States if the entire tion units as follows: inspection unit is treated for the pest (1) Termination because of findings under the supervision of a PPQ inspec- of Leucoptera malifoliella. The pre-clear- tor. However, if the entire inspectional ance program will be terminated with a unit is not treated in this manner, or if country when, in one shipping season, a plant pest is found for which no inspection units are rejected because of treatment authorized in the Plant Pro- Leucoptera malifoliella as follows: tection and Quarantine Treatment (i) 5 inspection units in sequence Manual is available, the inspectors will among inspection units 1–20, or a total reject the entire inspection unit for of 8 or more of the inspection units 1– shipment to the United States. Rejec- 20; tion of an inspection unit because of (ii) 5 inspection units in sequence pests other than Leucoptera malifoliella among inspection units 21–40, or a total will not be cause for rejecting addi- of 10 or more of the inspection units 1– tional fruit from an orchard or packing 40; shed. (iii) 5 inspection units in sequence (iii) Apples and pears precleared for among inspection units 41–60, or a total shipment to the United States as pre- of 12 or more of the inspection units 1– scribed in this paragraph will not be in- 60; spected again in the United States (ex- (iv) 5 inspection units in sequence cept as necessary to ensure that the among inspection units 61–80, or a total fruit has been precleared) unless the of 14 or more of the inspection units 1– preclearance program with the export- 80; ing country is terminated in accord- (v) 5 inspection units in sequence ance with paragraph (e) of this section. among inspection units 81–100, or a If the preclearance program is termi- total of 16 or more of the inspection nated with any country, precleared units 1–100; fruit in transit to the United States at (vi) 5 inspection units in sequence the time of termination will be spot- among inspection units 101–120, or a checked by PPQ inspectors upon arriv- total of 18 or more of the inspection al in the United States for evidence of units 1–120. plant pests referred to in paragraph (g) (Sequence can be continued in incre- of this section. If any live larva or pupa ments of 20 inspection units by increas- of Leucoptera malifoliella is found in any ing the number of rejected inspection carton of fruit, inspectors will reject units by 2.) that carton and all other cartons in (2) Termination because of findings that shipment that are from the same of other plant pests. The preclearance producing orchard. In addition, the re- program will be terminated with a maining cartons of fruit in that ship- country when, in one shipping season, ment will be reinspected as an inspec- inspection units are rejected because of tion unit in accordance with the other insect pests as follows: preclearance procedures prescribed in (i) 10 or more of the inspection units paragraph (d) of this section. 1–20;
276
VerDate 20
(ii) 15 or more of the inspection units section, the Administrator may allow 1–40; apples or pears imported under this (iii) 20 or more of the inspection section to be inspected at a port of ar- units 1–60; rival in the United States, in lieu of a (iv) 25 or more of the inspection units preclearance inspection, under the fol- 1–80; lowing conditions: (v) 30 or more of the inspection units (1) The Administrator has deter- 1–100; or mined that inspection can be accom- (vi) 35 or more of the inspection units plished at the port of arrival without 1–120. increasing the risk of introducing in- (Sequence can be continued in incre- sect pests into the United States; ments of 20 inspection units by increas- (2) Each pallet of apples or pears ing the number of rejected inspection must be completely enclosed in plastic, units by 5.) to prevent the escape of insects, before (f) Cold treatment. In addition to all it is offloaded at the port of arrival; other requirements of this section, ap- (3) The entire shipment of apples or ples or pears may be imported into the pears must be offloaded and moved to United States from France, Italy, Por- an enclosed warehouse, where adequate tugal, or Spain only if the fruit is cold inspection facilities are available, treated for the Mediterranean fruit fly under the supervision of PPQ inspec- in accordance with § 319.56–2d of this tors. subpart. (4) The Administrator must deter- (g) Plant pests; authorized treatments. mine that a sufficient number of in- (1) Apples from Belgium, Denmark, spectors are available at the port of ar- France, Great Britain, Italy, the Neth- rival to perform the services required. erlands, Northern Ireland, Norway, (5) The method of inspection will be Portugal, the Republic of Ireland, the same as prescribed in paragraph (d) Spain, Sweden, Switzerland, and West of this section for preclearance inspec- Germany; and pears from Belgium, tions. France, Great Britain, Italy, the Neth- [52 FR 46058, Dec. 4, 1987, as amended at 60 erlands, Portugal, and Spain may be FR 14208, Mar. 16, 1995; 62 FR 50236, Sept. 25, imported into the United States only if 1997] they are found free of the following pests or, if an authorized treatment is § 319.56–2s Administrative instructions available, they are treated for the pest governing the entry of apricots, under the supervision of a PPQ inspec- nectarines, peaches, plumcot, and tor: the pear leaf blister moth plums from Chile. (Leucoptera malifoliella (O.G. Costa) (a) Importations allowed. Pursuant to (Lyonetiidae)), the plum fruit moth § 319.56(c), the Administrator has deter- (Cydia funebrana (Treitschke) mined that apricots, nectarines, peach- (Tortricidae)), the summer fruit tortrix es, plumcot, and plums may be im- moth (Adoxophyes orana (Fischer von ported into the United States from Rosslertamm) (Tortricidae)), a leaf Chile in accordance with this section roller (Argyrotaenia pulchellana and other applicable provisions of this (Haworth) (Tortricidae)), and other in- subpart, as an alternative to importa- sect pests that do not exist in the tion in accordance with § 319.56–2m. United States or that are not wide- (b) Trust fund agreement. Except as spread in the United States. provided in § 319.56–2m or in paragraph (2) Authorized treatments are listed (g) of this section, apricots, nectarines, in the Plant Protection and Quarantine peaches, plumcot, and plums may be Treatment Manual. The Plant Protec- imported only if the plant protection tion and Quarantine Treatment Man- service of Chile (Servicio Agricola Y ual is incorporated by reference. For Ganadero, referred to in this section as the full identification of this standard, SAG), has entered into a trust fund see § 300.1 of this chapter, ‘‘Materials agreement with the Animal and Plant incorporated by reference.’’ Health Inspection Service (APHIS) for (h) Inspection in the United States. that shipping season. This agreement Notwithstanding provisions to the con- requires SAG to pay in advance all es- trary in paragraphs (c) and (d) of this timated costs incurred by APHIS in
277
VerDate 20
providing the preclearance prescribed this identity is maintained until the in paragraph (d) of this section. Pay- apricots, nectarines, peaches, or plums ment of costs will be made on a month- are released for entry into the United ly or other schedule designated by States. APHIS, but payment must be made for (3) Facilities for the inspections pre- each preclearance service before scribed in paragraph (d) of this section APHIS provides the service. These are provided in Chile at an inspection costs will include administrative ex- site acceptable to APHIS. penses incurred in conducting the (d) Preclearance inspection. preclearance services; and all salaries Preclearance inspection will be con- (including overtime and the federal ducted in Chile under the direction of share of employee benefits), travel ex- APHIS inspectors. An inspection unit penses (including per diem expenses), will consist of a lot or shipment from and other incidental expenses incurred which a statistical sample is drawn and by the inspectors in providing these examined. An inspection unit may rep- services. The agreement requires SAG resent multiple grower lots from dif- to deposit certified or cashier’s checks ferent packing sheds. Apricots, nec- with APHIS for the amount of these tarines, peaches, plumcot, or plums in costs, as estimated by APHIS based on any inspection unit may be shipped to projected shipment volumes and cost the United Sates only if the inspection figures from previous inspections. The unit passes inspection as follows: agreement further requires that, if the (1) Inspectors will examine, fruit by deposit is not sufficient to meet all fruit, the contents of the cartons which costs incurred by APHIS, SAG must were selected based on a sampling deposit with APHIS a certified or cash- scheme established for each inspection ier’s check for the amount of the re- unit. An APHIS inspector will des- maining costs, as determined by ignate which cartons to inspect in each APHIS, before the inspections will be inspection unit to ensure that units in- completed. The agreement also re- fested at a level of 3 percent or more quires that, in the event of unexpected end-of-season costs, SAG must deposit will be identified with a confidence with APHIS a certified cashier’s check level of 95 percent. sufficient to meet such costs as esti- (i) If the inspectors find evidence of mated by APHIS, before any further any plant pest for which a treatment preclearance services will be provided. authorized in the Plant Protection and If the amount SAG deposits during the Quarantine Treatment Manual is avail- shipping season exceeds the total costs able, fruit in the inspection unit will incurred by APHIS in providing remain eligible for shipment to the preclearance services, the difference United States if the entire inspection will be returned to SAG by APHIS at unit is treated for the pest in Chile. the end of the shipping season upon re- However, if the entire inspection unit quest, or otherwise will be applied to is not treated in this manner, or if a preclearance services for the next ship- plant pest is found for which no treat- ping season. ment authorized in the Plant Protec- (c) Responsibilities of Servicio Agricola tion and Quarantine Treatment Man- Y Ganadero. SAG will ensure that: ual is available, the entire inspection (1) Apricots, nectarines, peaches, unit will not be eligible for shipment to plumcot, or plums are presented to the United States. APHIS inspectors for preclearance in (ii) Apricots, nectarines, peaches, their shipping containers at the ship- plumcot, and plums precleared for ping site for preclearance as prescribed shipment to the United States as pre- in paragraph (d) of this section. scribed in this paragraph will not be in- (2) Apricots, nectarines, peaches, spected again in the United States ex- plumcot, and plums presented for in- cept as necessary to ensure that the spection are identified in shipping doc- fruit has been precleared and for occa- uments accompanying each load of sional monitoring purposes. fruit that identify the packing shed (e) Termination of preclearance pro- where they were processed and the or- grams. Shipments of apricots, nec- chards where they were produced; and tarines, peaches, plumcot, and plums
278
VerDate 20
will be individually evaluated regard- (g) Inspection in the United States. ing the rates of infestation of inspec- Notwithstanding provisions to the con- tion units of these articles presented trary in paragraphs (c) and (d) of this for preclearance. The inspection pro- section, the Administrator may, in gram for an article will be terminated emergency or extraordinary situations, when inspections determine that the allow apricots, nectarines, peaches, rate of infestation of inspection units plumcot, or plums imported under this of the article by pests listed in para- section to be inspected at a port of ar- graph (f) of this section exceeds 20 per- rival in the United States, in lieu of a cent calculated on any consecutive 14 preclearance inspection of fumigation days of actual inspections (not count- in Chile, under the following condi- ing days on which inspections are not tions: conducted). Termination of the inspec- (1) The Administrator is satisfied tion program for an article will require that a unique situation exists which mandatory treatment in Chile, prior to justifies a limited exception to manda- shipment to the United States, of ship- tory preclearance; ments of the article for the remainder (2) The Administrator has deter- of that shipping season. If a mined that inspection and/or treat- preclearance inspection program is ter- ment can be accomplished at the in- minated with Chile, precleared fruit in tended port of arrival without increas- transit to the United States at the ing the risk of introducing insect pests time of termination will be spot- into the United States; checked by APHIS inspectors upon ar- (3) The entire shipment of apricots, rival in the United States for evidence nectarines, peaches, plumcot, or plums of plant pests referred to in paragraph must be offloaded and moved, under (f) of this section. the supervision of APHIS inspectors, to (f) Plant pests; authorized treatments. an enclosed warehouse, where inspec- (1) Apricots, nectarines, peaches, tion and treatment facilities are avail- plumcot, or plums from Chile may be able. imported into the United States only if (4) The Administrator must deter- they are found free of the following mine that a sufficient number of in- pests or, if an authorized treatment is spectors are available at the port of ar- available, they are treated for the pest rival to perform the services required. under the supervision of an APHIS in- (5) The method of sampling and in- spector: Proeulia spp., Leptoglossus spection will be the same as prescribed chilensis, Megalometis chilensis, in paragraph (d) of this section for Naupactus xanthographus, Listroderes preclearance inspections. subcinctus, and Conoderus rufangulus, [55 FR 42352, Oct. 19, 1990, as amended at 58 and other insect pests that the Admin- FR 69179, Dec. 30, 1993] istrator has determined do not exist, or are not widespread, in the United § 319.56–2t Administrative instruc- States. tions: conditions governing the (2) Authorized treatments are listed entry of certain fruits and vegeta- in the Plant Protection and Quarantine bles. Treatment Manual. The Plant Protec- The following commodities may be tion and Quarantine Treatment Man- imported into all parts of the United ual is incorporated by reference. For States, unless otherwise indicated, the full identification of this standard, from the places specified, in accord- see § 300.1 of this chapter. ‘‘Materials ance with § 319.56–6 and all other appli- incorporated by reference.’’ cable requirements of this subpart:
Country/locality Common name Botanical name Plant part(s)
Argentina ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp...... Above ground parts. Currant ...... Ribes spp ...... Fruit. Endive ...... Cichorium endivia ...... Leaf and stem. Gooseberry ...... Ribes spp ...... Fruit. Australia ...... Currant ...... Ribes spp ...... Fruit. Gooseberry ...... Ribes spp ...... Fruit. Austria ...... Asparagus, white ...... Asparagus officinalis ...... Shoot.3
279
VerDate 20
Country/locality Common name Botanical name Plant part(s)
Barbados ...... Banana ...... Musa spp ...... Flower. Belgium ...... Leek ...... Allium spp...... Whole plant. (Must be accompained by a phytosanitary certifi- cate issued by the Ministry of Agriculture of Belgium stating that the leek is appar- ently free of Acrolepiopsis assectella.) Pepper ...... Capsicum spp ...... Fruit. Belize ...... Banana ...... Musa spp ...... Flower in bracts with stems. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Papaya ...... Carica papaya ...... Fruit (Must be accom- panied by a phytosanitary certifi- cate issued by the Belizean department of agriculture stating that the fruit origi- nated in the district of Cayo, Corozal, or Or- ange Walk or in any portion of the district of Stann Creek ex- cept the area bound- ed as follows: Begin- ning at the sounthernmost point of the Placenica Pe- ninsula; then north along the coast of the Caribbean Sea to Riverdale Rd.; then west along Riverdale Rd. to Southern Hwy.; then south along the Southern Hwy. to Independ- ence Rd.; then east along Independence Rd. to Big Creek Port; then east, on an imaginary line, from Big Creek Port across the Placencia Lagoon to the point of beginning. Pa- payas from other areas of Belize enterable only with treatmentÐsee § 319.56±2x). Prohib- ited entry into Hawaii due to the papaya fruit fly, Toxotrypana curvicauda. Cartons in which fruit is packed must be stamped ``Not for im- portation into or dis- tribution within HI.'' Sage ...... Salivia officinalis ...... Leaf and stem. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Bermuda ...... Avocado ...... Persea americana ...... Fruit. Carambola ...... Averrhoa carambola ...... Fruit. Grapefruit ...... Citrus paradisi ...... Fruit. Guava ...... Psidium guajava ...... Fruit. Lemon ...... Citrus limon ...... Fruit. Longan ...... Dimocarpus longan ...... Fruit. Loquat ...... Eriobotrya japonica ...... Fruit.
280
VerDate 09
Country/locality Common name Botanical name Plant part(s)
Mandarin orange ...... Citrus reticulata ...... Fruit. Natal plum ...... Carissa macrocarpa ...... Fruit. Orange, sour ...... Citrus aurantium ...... Fruit. Orange, sweet ...... Citrus sinensis ...... Fruit. Papaya ...... Carica papaya ...... Fruit. Passion fruit ...... Passiflora spp ...... Fruit. Peach ...... Prunus persica ...... Fruit. Pineapple guava ...... Feijoa spp ...... Fruit. Suriname cherry ...... Eugenia uniflora ...... Fruit. Bolivia ...... Belgian endive ...... Cichorium intybus ...... Leaf. Chile ...... Babaco ...... Carica x heilborni var. Fruit (from medfly-free pentagona. areasÐsee § 319.56± 2j. Fruit must be ac- companied by a phytosanitary certifi- cate issued by the Chilean department of agriculture stating that the fruit origi- nated in a Medfly-free province.) Basil ...... Ocimum spp...... Above ground parts. Lucuma ...... Manilkara sapota (=Lucuma Fruit mammosa). (From Medfly-free areas onlyÐsee § 319.56± 2(j)). Mountain papaya ...... Carica pubescens (=C. Fruit. candamarcensis). (From Medfly-free areasÐsee § 319.56± 2(j). Fruit from out- side Medfly-free areas must be treat- ed in accordance with § 319.56±2x.). Oregano ...... Origanum spp...... Leaf and stem. Sandpear ...... Pyrus pyrifolia ...... Fruit (From Medfly-free areasÐsee § 319.56± 2(j). Fruit from out- side Medfly-free areas must be treat- ed in accordance with § 319.56±2x.). Tarragon ...... Artemisia dracunculus ...... Above ground parts. Colombia ...... Rhubarb ...... Rheum rhabarbarum ...... Stalk. Snow pea ...... Pisum Sativum subsp. sativum Flat, immature pod. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Cook Islands ...... Banana ...... Musa spp ...... Green fruit.1 Cucumber ...... Cucumis sativus ...... Fruit. Drumstick ...... Moringa pterygosperma ...... Leaf. Ginger ...... Zingiber officinale ...... Root (Prohibited entry into Puerto Rico, Vir- gin Islands, and Guam due to ginger weevil (Elytroteinus subtruncatus). Car- tons in which ginger is packed must be stamped ``Not for dis- tribution in PR, VI, or Guam.'') Indian mulberry ...... Morinda citrifolia ...... Leaf. Lemongrass ...... Cymbopogon spp ...... Leaf. Tossa jute ...... Corchorus olitorius ...... Leaf. Costa Rica ...... Basil ...... Ocimum spp ...... Whole plant. Chinese kale ...... Brassica alboglabra ...... Leaf and stem. Chinese turnip ...... Raphanus sativus ...... Root. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Dominica ...... Durian ...... Durio zibethinus ...... Fruit. Ecuador ...... Banana ...... Musa spp...... Flower. Basil ...... Ocimum spp...... Above ground parts. Chervil ...... Anthriscus spp...... Leaf and stem. Radicchio ...... Cichorium spp...... Above ground parts.
281
VerDate 09
Country/locality Common name Botanical name Plant part(s)
El Salvador ...... Basil ...... Ocimum spp...... Above ground parts. Cilantro ...... Coriandrum sativum ...... Above ground parts. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only. Great Britain ...... Basil ...... Ocimum spp ...... Leaf and stem. Grenada ...... Abiu ...... Pouteria caimito ...... Fruit. Bilimbi ...... Averrhoa bilimbi ...... Fruit. Breadnut ...... Brosimum alicastrum ...... Fruit. Cocoplum ...... Chrysobalanus icaco ...... Fruit. Cucurbits ...... Cucurbitaceae ...... Fruit. Durian ...... Durio zibethinus ...... Fruit. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Jambolan ...... Syzygium cumini ...... Fruit. Jujube ...... Ziziphus spp ...... Fruit. Langsat ...... Lansium domesticum ...... Fruit. Litchi ...... Litchi chinensis ...... Fruit. Malay apple ...... Syzygium malaccense ...... Fruit. Mammee apple ...... Mammea americana ...... Fruit. Peach palm ...... Bactris gasipaes ...... Fruit. Piper ...... Piper spp ...... Fruit. Pulasan ...... Nephelium ramboutan-ake ...... Fruit. Rambutan ...... Nephelium lappaceum ...... Fruit. Rose apple ...... Syzygium jambos ...... Fruit. Santol ...... Sandoricum koetjape ...... Fruit. Sapote ...... Pouteria sapota ...... Fruit. Guatemala ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp...... Above ground parts. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Loroco ...... Fernaldia spp ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Leaf and stem. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Haiti 2 ...... Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Honduras ...... Banana ...... Musa spp ...... Flower. Chicory ...... Cichorium spp ...... Leaf and stem. Cilantro ...... Coriandrum sativum ...... Above ground parts. Radish ...... Raphanus sativus ...... Root. Indonesia ...... Dasheen ...... Colocasia spp., Alocasia spp., Tuber (Prohibited entry and Xanthosoma spp. into Guam due to da- sheen mosaic virus. Cartons in which da- sheen is packed must be stamped ``Not for distribution in Guam.'') Onion ...... Allium cepa ...... Bulb. Shallot ...... Allium ascalonicum ...... Bulb. Israel ...... Arugula ...... Eruca sativa ...... Leaf and stem. Chives ...... Allium schoenoprasum ...... Leaf. Dill ...... Anethum graveolens ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Watercress ...... Nasturtium officinale ...... Leaf and stem. Jamaica ...... Fenugreek ...... Tirgonella foenum-graceum ...... Leaf, stem, root. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Ivy gourd ...... Coccinia grandis ...... Fruit. Pak choi ...... Brassica chinensis ...... Leaf and stem. Pointed gourd ...... Trichosanthes dioica ...... Fruit. Japan ...... Mioga Ginger ...... Zingiber mioga ...... Above ground parts. Mung bean ...... Vigna radiata ...... Seed sprout. Soybean ...... Glycine max ...... Seed sprout Liberia ...... Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. Mexico ...... Anise ...... Pimpinella anisum ...... Leaf and stem. Banana ...... Musa spp ...... Flower. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Blueberry ...... Vaccinium spp...... Fruit. Cucurbits ...... Cucurbitaceae ...... Inflorescence. Arugula ...... Eruca sativa ...... Leaf and stem. Lambsquarters ...... Chenopodium spp...... Above ground parts.
282
VerDate 20
Country/locality Common name Botanical name Plant part(s)
Piper ...... Piper spp ...... Leaf and stem. Porophyllum ...... Porophyllum spp ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tepeguaje ...... Leucaena spp...... Fruit. Thyme ...... Thymus vulgaris ...... Above ground parts. Morocco ...... Strawberry ...... Fragaria spp...... Fruit. Netherlands ...... Leek ...... Allium spp...... Whole plant. (Must be accompainied by a phytosanitary certifi- cate issued by the Ministry of Agriculture of The Netherlands stating that the leek is apparently free of Acrolepiopsis assectella.) Radish ...... Raphanus sativus ...... Root. New Zealand ...... Avocado ...... Persea americana ...... Fruit. Fig ...... Ficus carica ...... Fruit. Oca ...... Oxalis tuberosa ...... Tuber. Nicaragua ...... Cilantro ...... Coriandrum sativum ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only. Radicchio ...... Cichorium spp...... Above ground parts. Panama ...... Basil ...... Ocimum spp ...... Above ground parts. Bean, green and lima ...... Phaseolus vulgaris and P. Seed. lunatus. Chervil ...... Anthriscus cerefolium ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Fenugreek ...... Tirgonella foenum-graceum ...... Leaf, stem. Lemon thyme ...... Thymus citriodorus ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Peru ...... Arugula ...... Eruca sativa ...... Leaf and stem. Basil ...... Ocimum spp ...... Leaf and stem. Carrot ...... Daucus carota ...... Root. Chervil ...... Anthriscus spp...... Leaf and stem. Cornsalad ...... Valerianella spp ...... Whole plant. Dill ...... Anethum graveolens ...... Above ground parts. Lambsquarters ...... Chenopodium album ...... Above ground parts. Lemongrass ...... Cymbopogon spp...... Leaf and stem. Mustard greens ...... Brassica juncea ...... Leaf. Oregano ...... Origanum spp ...... Leaf and stem. Parsley ...... Petroselinum crispum ...... Leaf and stem. Radicchio ...... Cichorium spp ...... Leaf. Thyme ...... Thymus vulgaris ...... Above ground parts. Philippines ...... Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Poland ...... Pepper ...... Capsicum spp...... Fruit. Tomato ...... Lycopersicon esculentum ...... Fruit. Republic of Korea ...... Angelica ...... Aralia elata ...... Edible shoot. Aster greens ...... Aster scaber ...... Leaf, stem. Bonnet bellflower ...... Codonopsis lanceolata ...... Root. Chard ...... Beta vulgaris subsp. cicla ...... Leaf. Chinese bellflower ...... Platycodon grandiflorum ...... Root. Dasheen ...... Colocasia spp., Alocasia spp., Root (Prohibited entry and Xanthosoma spp. into Guam due to da- sheen mosaic virus). Cartons in which da- sheen is packed must be stamped ``Not for distribution in Guam.'' Eggplant ...... Solanum melongena ...... Fruit. Kiwi ...... Actinidia deliciosa ...... Fruit. Lettuce ...... Lactuca sativa ...... Leaf. Mugwort ...... Artemisia vulgaris ...... Leaf and stem. Onion ...... Allium cepa ...... Bulb. Shepherd's purse ...... Capsella bursa-pastoris ...... Leaf and stem.
283
VerDate 20
Country/locality Common name Botanical name Plant part(s)
Strawberry ...... Fragaria spp ...... Fruit (Entry permitted only from September 15 to May 31, inclu- sive, to prevent the introduction of a com- plex of exotic pests including, but not lim- ited to, a thrips (Haplothrips chinensis) and a leafroller (Capua tortrix)). Watercress ...... Nasturtium officinale ...... Leaf and stem. Youngia greens ...... Youngia sonchifolia ...... Leaf, stem, root. Sierra Leone ...... Cassava ...... Manihot esculenta ...... Leaf. Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. St. Vincent and the Grenadines Turmeric ...... Curcuma longa ...... Rhizome. South Africa ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Spain ...... Tomato ...... Lycopersicon esculentum ...... Green fruit (pink or red fruit from Almeria Province may be im- ported only in accord- ance with § 319.56± 2dd). Suriname ...... Amaranth ...... Amaranthus spp ...... Leaf and stem. Black palm nut ...... Astrocaryum spp ...... Fruit. Jessamine ...... Cestrum latifolium ...... Leaf and stem. Malabar spinach ...... Bassella alba ...... Leaf and stem. Mung bean ...... Vigna radiata ...... Seed sprout. Pak choi ...... Brassica chinensis ...... Leaf and stem. Sweden ...... Dill ...... Anethum graveolens ...... Above ground parts. Taiwan ...... Burdock ...... Arctium lappa ...... Root. Wasabi (Japanese horseradish) Wasabia japonica ...... Root and stem. Thailand ...... Dasheen ...... Alocasia spp., Colocasia spp., Leaf and stem. and Xanthosoma spp. Turmeric ...... Curcuma domestica ...... Leaf and stem. Tonga ...... Burdock ...... Arctium lappa ...... Root, stem and leaf. Jicama ...... Pachyrhizus tuberosus ...... Root. Pumpkin ...... Cucurbita maxima ...... Fruit. Trinidad and Tobago ...... Lemongrass ...... Cymbopogon citratus ...... Leaf and stem. Leren ...... Calathea allouia ...... Tuber. Shield leaf ...... Cecropia peltata ...... Leaf and stem. Zambia ...... Pea, snow ...... Pisum sativum spp. sativum ..... Flat immature pod. 1 The bananas must be green at the time of export. Inspectors at the port of arrival will determine that the bananas were green at the time of export if: (1) bananas shipped by air are still green upon arrival in the United States; and (2) bananas shipped by sea are either still green upon arrival in the United States or are yellow but firm. 2 Executive Order 12779 of October 28, 1991 (56 FR 55975±55976, published October 30, 1991), prohibits the importation into the United States of any goods of Haitian origin, other than publications and other informational materials, or of services per- formed in Haiti. Importation of any Haitian produce will not be allowed as long as this Executive order is in effect. 3 No green may be visible on the shoot.
(Approved by the Office of Management and Sminthuris viridis only under the follow- Budget under control number 0579–0049) ing conditions: (1) Growing conditions. (i) The lettuce [57 FR 54489, Nov. 19, 1992, as amended at 58 must be grown in insect-proof houses FR 43497, Aug. 17, 1993; 58 FR 69180, Dec. 30, 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR covered with 50 mesh screens, double 14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; self-closing doors, and hard walks (no 62 FR 596, Jan. 6,1997; 62 FR 50236, Sept. 25, soil) between the beds; 1997] (ii) The lettuce must be grown in growing media that has been sterilized § 319.56–2u Conditions governing the by steam or chemical means; entry of lettuce and peppers from (iii) The lettuce must be inspected Israel. during its active growth phase and the (a) Lettuce may be imported into the inspection must be monitored by a rep- United States from Israel without fu- resentative of the Israeli Ministry of migation for leafminers, thrips, and Agriculture;
284
VerDate 20
(iv) The crop must be protected with ing that it is prohibited to throw out/ sticky traps and prophylactic sprays discard fruits and vegetables from pass- approved for the crop by Israel; ing vehicles. (v) The lettuce must be moved to an (6) Sorting and packing of peppers insect-proof packing house at night in shall be done in the insect-proof plastic containers covered by 50 mesh screenhouses in the Arava Valley. screens; (7) Transportation of the peppers (vi) The lettuce must be packed in an from the Arava Valley to Tel Aviv Air- insect-proof packing house, individ- port for export shall be in fruit fly- ually packed in transparent plastic proof containers. bags, packed in cartons, placed on pal- (8) The peppers shall be exported di- lets, and then covered with shrink rectly from Tel Aviv, by air, to the wrapping; and United States. (vii) The lettuce must be transported [57 FR 3120, Jan. 28, 1992, as amended at 58 to the airport in a closed refrigerated FR 69181, Dec. 30, 1993; 59 FR 46321, Sept. 8, truck for shipment to the United 1994; 60 FR 50385, Sept. 29, 1995; 62 FR 50236, States. Sept. 25, 1997] (2) Each shipment of lettuce must be accompanied by a phytosanitary cer- § 319.56–2v Conditions governing the tificate issued by the Israeli Ministry entry of citrus from Australia. of Agriculture stating that the condi- (a) The Administrator has deter- tions of paragraph (a)(1) of this section mined that the irrigated horticultural have been met. areas within the following districts of (b) Peppers (fruit) (Capsicum spp.) Australia meet the criteria of § 319.56–2 from Israel may be imported into the (e) and (f) with regard to the Medi- United States only under the following terranean fruit fly (Ceratitis capitata conditions: [Wiedemann]), the Queensland fruit fly (1) The peppers have been grown the (Dacus tryoni [Frogg]), and other fruit Arava Valley by growers registered flies destructive of citrus: with the Israeli Department of Plant (1) The Riverland district of South Protection and Inspection (DPPI). Australia, defined as the county of (2) Malathion bait sprays shall be ap- Hamley and the geographical subdivi- plied in the residential areas of the sions, called ‘‘hundreds,’’ of Arava Valley at 6- to 10-day intervals Bookpurnong, Cadell, Gordon, Holder, beginning not less than 30 days before Katarapko, Loveday, Markaranka, the harvest of backyard host material Morook, Murtho, Parcoola, Paringa, in residential areas and shall continue Pooginook, Pyap, Stuart, and through harvest. Waikerie; (3) The peppers have been grown in (2) The Riverina district of New insect-proof plastic screenhouses ap- South Wales, defined as: proved by the DPPI and APHIS. Houses (i) The shire of Carrathool; and shall be examined periodically by DPPI (ii) The Murrumbidgee Irrigation or APHIS personnel for tears in either Area, which is within the administra- plastic or screening. tive boundaries of the city of Griffith (4) Trapping for Mediterranean fruit and the shires of Leeton, Narrendera, fly (Medfly) shall be conducted by and Murrumbidgee; and DPPI throughout the year in the agri- (3) The Sunraysia district, defined as cultural region along Arava Highway the shires of Wentworth and Balranald 90 and in the residential area of Paran. in New South Wales and the shires of The capture of a single Medfly in a Mildura, Swan Hill, Wakool, and screenhouse will immediately cancel Kerang, the cities of Mildura and Swan export from that house until the source Hill, and the borough of Kerang in Vic- of the infestation is delimited, trap toria. density is increased, pesticide sprays (b) Oranges (Citrus sinensis [Osbeck]); are applied, or other measures accept- lemons (C. limonia [Osbeck] and meyeri able to APHIS are taken to prevent [Tanaka]); limes (C. aurantiifolia [Swin- further occurrences. gle] and latifolia [Tanaka]); mandarins, (5) Signs in English and Hebrew shall including satsumas, tangerines, be posted along Arava Highway 90 stat- tangors, and other fruits grown from
285
VerDate 20
this species or its hybrids (C. reticulata were kept free of papayas that were 1⁄2 [Blanco]); and grapefruit (C. paradisi or more ripe (more than 1⁄4 of the shell [MacFad.]) may be imported from the surface yellow), and all culled and fall- Riverland, Riverina, and Sunraysia dis- en fruits were removed from the field tricts without treatment for fruit flies, at least twice a week. subject to paragraph (c) of this section (c) When packed, the papayas were and all other applicable requirements less than 1⁄2 ripe (the shell surface was of this subpart. no more than 1⁄4 yellow, surrounded by (c) If surveys conducted in accord- light green), and appeared to be free of ance with § 319.56–2d(f) detect, in a dis- all injurious insect pests. trict listed in paragraph (a) of this sec- (d) The papayas were packed in an tion, the Mediterranean fruit fly enclosed container or under cover so as (Ceratitis capitata [Wiedemann]), the to prevent access by fruit flies and Queensland fruit fly (Dacus tryoni other injurious insect pests, and were [Frogg]), or other fruit flies that at- not packed with any other fruit, in- tack citrus and for which a treatment cluding papayas not qualified for im- is listed in the Plant Protection and portation into the United States. Quarantine (PPQ) Treatment Manual, (e) All activities described in para- citrus fruit from that district will re- graphs (a) through (d) of this section main eligible for importation into the were carried out under the general su- United States in accordance with pervision and direction of plant health § 319.56–2(e)(2), provided the fruit under- officials of the national Ministry of Ag- goes cold treatment in accordance with riculture. the PPQ Treatment Manual, which is (f) Beginning at least 1 year before incorporated by reference at § 300.1 of harvest begins and continuing through this chapter, and provided the fruit the completion of harvest, fruit fly meets all other applicable require- traps were maintained in the field ments of this subpart. Entry is limited where the papayas were grown. The to ports listed in § 319.56–2d(b)(1) of this traps were placed at a rate of 1 trap per subpart if the treatment is to be com- hectare and were checked for fruit flies pleted in the United States. Entry may at least once weekly by plant health be through any port if the treatment officials of the national Ministry of Ag- has been completed in Australia or in riculture. Fifty percent of the traps transit to the United States. If no ap- were of the McPhail type, and fifty per- proved treatment for the detected fruit cent of the traps were of the Jackson fly appears in the PPQ Treatment Man- type. The national Ministry of Agri- ual, importation of citrus from the af- culture kept records of fruit fly finds fected district or districts is prohib- for each trap, updated the records each ited. time the traps were checked, and made [61 FR 8207, Mar. 4, 1996] the records available to APHIS inspec- tors upon request. The records were § 319.56–2w Administrative instruc- maintained for at least 1 year. tion; conditions governing the entry (g) All shipments must be accom- of papayas from Costa Rica. panied by a phytosanitary certificate The Solo type of papaya may be im- issued by the national Ministry of Ag- ported into the continental United riculture stating that the papayas were States, Alaska, Puerto Rico, and the grown, packed, and shipped in accord- U.S. Virgin Islands from the provinces ance with the provisions of this sec- of Guanacaste, San Jose, and tion. Puntarenas, Costa Rica, only under the [62 FR 50237, Sept. 25, 1997] following conditions: (a) The papayas were grown and § 319.56–2x Administrative instruc- packed for shipment to the United tions; conditions governing the States in the provinces of Guanacaste, entry of certain fruits and vegeta- San Jose, and Puntarenas, Costa Rica. bles for which treatment is re- (b) Beginning at least 30 days before quired. harvest began and continuing through (a) The following fruits and vegeta- the completion of harvest, all trees in bles may be imported into the United the field where the papayas were grown States only if they have been treated
286
VerDate 20
in accordance with the Plant Protec- ual, which is incorporated by reference tion and Quarantine Treatment Man- at § 300.1 of this chapter:
287
VerDate 20
Sminthuris 319.56±2t). Papayas
Plant part(s) 319.56±2u(a)). not required if the lettuce si imported in ac- 319.56±2(j)).) 319.56±2(j)).) mite. Cartons in which litchi are packed must be stamped ``Not for importation into or distribution in FL''). mite. Cartons in which litchi are packed must be stamped ``Not for importation into or distribution in FL''). cordance with § not required if fruit is grown in Medfly free area (see § grown in the districts of Cayo, Corozal, and Or- ange Walk, or in any portion of the district Stann Creek except the area bounded as follows: Beginning at the sounthernmost point of Placenica Peninsula; then north along the coast of the Caribbean Sea to Riverdale Rd.; then west along Riverdale Rd. to Southern Hwy.; then south along the Southern Hwy. to Independence Rd.; then east along Independence Rd. to Big Creek Port; then east, on an imaginary line, from Big Creek Port across the Placencia Lagoon to point of beginningÐsee § prohibited entry into Hawaii due to the papaya fruit fly, Toxotrypana curvicauda. Cartons in which fruit is packed must be stamped ``Not for importation into or distribution within HI.'' not required if fruit is grown in Medfly free area (see § viridus fruit (Prohibited entry into Florida due to litchi rust fruit (Prohibited entry into Florida due to litchi rust fruit (Treatment for Mediterranean fly (Medfly) pod or shelled. fruit. Fruit (Treatment for Medfly not required fruit fruit. fruit. Pod or shelled fruit. fruit. fruit. fruit. fruit. fruit. fruit (Treatment for Mediterranean fly (Medfly) Pod or shelled. leaf (Treatment for leafminers, thrips, and ......
C. latifolia
C. candamarcensis) ......
Botanical name (= ...... and ...... ssp spp spp spp. spp
Vaccinium Carica papaya Vaccinium Citrus aurantifolia Carica pubescens Pyrus pyrifolia Litchi chinensis Vaccinium Phaseolus vulgaris Actinidia deliciosa Citrus reticulata Opuntia Malus domestica Lablab purpureus Vigna unguiculata, subsp. sesquipedalis Litchi chinensis Opuntia Lactuca sativa ......
Common name ...... Blueberry Cactus Sandpear Kiwi Tangerine Lettuce Papaya Blueberry Apple Litchi Lime Garden bean Mountain papaya Blueberry Tuna Hyacinth bean Yard long bean Litchi ...... Country/locality ...... Ecuador Israel Greece Belize Bolivia Guyana India Chile El Salvador Argentina Guatemala Honduras China
288
VerDate 09
Eriophyes Cartons in which litchi are packed must be
litchii. stamped ``Not for distribution in FL''). fruit. fruit (Prohibited entry into Florida due to fruit. fruit. fruit. fruit. fruit. Pod or shelled. fruit. fruit. fruit. fruit. fruit. Pod or shelled. pod. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. Pod or shelled. shoot. fruit. fruit......
P. lunatus ...... and ...... spp. spp. spp...... spp.
Litchi chinensis Eriobotrya japonica Citrus grandis Malus domestica Vitis Diospyros Malus domestica Prunus avium Citrus paradisi Mangerifa indica Citrus sinensis Citrus reticulata Vicia faba Phaseolus Vigna radiata Phaseolus vulgaris Vaccinium Averrhoa carambola Litchi chinensis Mangifera indica Asparagus officinalis Prunus domestica Malus domestica Prunus armeniaca Actinidia deliciosa Prunus persica Prunus persica Pyrus communis Prunus domestica ...... Loquat Apple Litchi Kiwi Apple Persimmon Plum Apple Pummelo Grape Blueberry Carambola Grapefruit Apricot Peach Pear Litchi Cherry Broad bean Mango Mango Nectarine Tangerine Bean, green and lima Plum Orange Asparagus Mung bean Green bean ...... Zimbabwe Lebanon Jordan Peru Taiwan Mexico Nicaragua Panama Uruguay Thailand
289
VerDate 20
(b) If treatment has not been com- (3) The following area meets the re- pleted before the fruits and vegetables quirements of paragraph (a)(2) of this arrive in the United States, fruits and section: The area within 5 kilometers vegetables listed above and requiring of either side of the following roads: treatment for fruit flies may arrive in (i) Beginning in Guayaquil, the road the United States only at the following north through Nobol, Palestina, and ports: Atlantic ports north of, and in- Balzar to Velasco-Ibarra (Empalme); cluding, Baltimore, MD; ports on the (ii) Beginning in Guayaquil, the road Great Lakes and St. Lawrence Seaway; south through E1 26, Puerto Inca, Canadian border ports on the North Naranjal, and Camilo Ponce to Dakota border and east of North Da- Enriquez; kota; the maritime ports of Wilming- (iii) Beginning in Guayaquil, the road ton, NC, Seattle, WA, and Gulfport, east through Palestina to Vinces; MS; Seattle-Tacoma International Air- (iv) Beginning in Guayaquil, the road port, Seattle, WA; Hartsfield-Atlanta west through Piedrahita (Novol) to International Airport, Atlanta, GA; Pedro Carbo; or and Baltimore-Washington Inter- (v) Beginning in Guayaquil, the road national and Dulles International air- west through Progreso, Engunga, ports, Washington, DC. North Atlantic Tugaduaja, and Zapotal to El Azucar; ports are: Atlantic ports north of and and including Baltimore; ports on the (4) The cantaloupe or watermelon Great Lakes and St. Lawrence Seaway; may not be moved into Alabama, Canadian border ports on the North American Samoa, Arizona, California, Dakota border and east of North Da- Florida, Georgia, Guam, Hawaii, Lou- kota; and, for air shipments, Washing- isiana, Mississippi, New Mexico, Puerto ton, DC (including Baltimore-Washing- Rico, South Carolina, Texas, and the ton International and Dulles Inter- U.S. Virgin Islands. The boxes in which national airports). the cantaloupe or watermelon is [57 FR 54491, Nov. 19, 1992, as amended at 58 packed must be stamped with the name FR 69181, Dec. 30, 1993; 59 FR 40796, Aug. 10, of the commodity followed by the 1994; 59 FR 43712, Aug. 25, 1994; 60 FR 6958, words ‘‘Not to be distributed in the fol- Feb. 6, 1995; 60 FR 14209, Mar. 16, 1995; 60 FR lowing States or territories: AL, AS, 50385, Sept. 29, 1995; 61 FR 47667, Sept. 10, AZ, CA, FL, GA, GU, HI, LA, MS, NM, 1996; 62 FR 597, Jan. 6, 1997] PR, SC, TX, VI. (b) [Reserved] § 319.56–2y Administrative instruc- tions; conditions governing the [57 FR 54491, Nov. 19, 1992, as amended at 58 entry of cantaloupe and water- FR 69182, Dec. 30, 1993; 59 FR 67610, Dec. 30, melon from Ecuador. 1994] (a) Cantaloupe (Cucumis melo) and wa- termelon (fruit) (Citrullus lanatus) may § 319.56–2z Administrative instructions governing the entry of cherimoyas be imported into the United States from Chile. from Ecuador only under the following conditions: Cherimoyas may be imported into (1) The cantaloupe or watermelon the United States from Chile only may be imported in commercial ship- under the following conditions: ments only; (a) Treatment. The cherimoyas must (2) The cantaloupe or watermelon be treated, under the supervision of an must have been grown in an area where inspector, either in Chile or in the trapping for the South American United States, for the Chile false red cucurbit fruit fly has been conducted mite of grapes (Brevipalpus chilensis) in for at least the previous 12 months by accordance with one of the following the plant protection service of Ecua- procedures: dor, under the direction of APHIS,1 (1) Fumigation. The cherimoyas must with no findings of the pest. be fumigated with methyl bromide at normal atmospheric pressure. The fu- 1 Information on the trapping program may migation must be done in a fumigation be obtained by writing to the Animal and Plant Health Inspection Service, Plant Pro- Permit Unit, 4700 River Road Unit 136, River- tection and Quarantine, Port Operations, dale, Maryland 20737–1236.
290
VerDate 20
chamber that has been approved for ment further requires SAG to deposit that purpose by the Animal and Plant with APHIS a certified or cashier’s Health Inspection Service, or under check for the amount of the remaining tarpaulins, according to the schedule costs, as determined by APHIS, before below. The treatment period must be 2 any more cherimoyas will be treated or hours. inspected in Chile. After a final audit at the conclusions of each shipping sea- DosageÐ pounds of son, any overpayment of funds would ° methyl be returned to SAG, or held on account Temperature ( F.) bromide per 1,000 until needed, at SAG’s option. cu. ft. (d) Costs for services in the United States. All costs of treatment and re- 80±89 (inclusive) ...... 11¤2 70±79 (inclusive) ...... 2 quired safeguards and supervision, 60±69 (inclusive) ...... 21¤2 other than the services of the super- 50±59 (inclusive) ...... 3 vising inspector during regularly as- (2) Soapy water and wax. The signed hours of duty and at the usual cherimoyas must be immersed in a place of duty, shall be borne by the soapy water bath consisting of 1 part owner of the fruits or a representative soap solution (such as Deterfrut) to of the owner. 3,000 parts water for a minimum of 20 (e) Limitation of origin. The seconds, followed by a pressure shower cherimoyas must have been grown in a rinse to remove soapy excess, and then province of Chile that is free from the followed by immersion for a minimum Mediterranean fruit fly (see § 319.56– of 20 seconds in an undiluted wax coat- 2(j)). ing (such as Johnson Wax Primafresh (f) Ports of entry. Cherimoyas from 31 Kosher fruit coating). Chile may be imported through all (b) APHIS inspection. Cherimoyas ports staffed by an inspector.1 from Chile are subject to inspection (g) Department not responsible for dam- under the direction of an inspector, ei- age. The treatments prescribed in para- ther in Chile or at the port of arrival in graph (a) of this section are judged the United States. Imported from experimental tests to be safe for cherimoyas inspected in Chile are sub- use with cherimoyas from Chile. How- ject to reinspection at the port of ar- ever, the Department assumes no re- rival as provided for in § 319.56–6. sponsibility for any damage sustained (c) Trust Fund Agreement. Cherimoyas through or in the course of such treat- that are treated or inspected in Chile ment or by compliance with require- may be imported into the United ments under paragraph (a) of this sec- States only if the plant protection tion. service of Chile (Servicio Agricola Y [57 FR 56436, Nov. 30, 1992, as amended at 59 Ganadero, referred to in this section as FR 67610, Dec. 30, 1994] SAG) has entered into a trust fund agreement with APHIS. This agree- § 319.56–2aa Administrative instruc- ment requires SAG to pay in advance tions governing the entry of honey- of each shipping season all costs that dew melons and cantaloupe from APHIS estimates it will incur in pro- Brazil. viding inspection services in Chile dur- Honeydew melons and cantaloupe ing that shipping season. These costs may be imported into the United include administrative expenses and all States from Brazil only under permit, salaries (including overtime and the and only in accordance with this sec- Federal share of employee benefits), tion and all other applicable require- travel expenses (including per diem ex- ments of this subpart: penses), and other incidental expenses incurred by APHIS in performing these services. The agreement requires SAG 1 Information concerning ports staffed by to deposit a certified or cashier’s check inspectors may be obtained by contacting the Animal and Plant Health Inspection with APHIS for the amount of these Service, Plant Protection and Quarantine, costs, as estimated by APHIS. If the Port Operations, Permit Unit, 4700 River deposit is not sufficient to meet all Road Unit 136, Riverdale, Maryland 20737– costs incurred by APHIS, the agree- 1236.
291
VerDate 20
(a) Area considered free of the South pant in the avocado export program ad- American cucurbit fly. The honeydew ministered by Sanidad Vegetal. Upon melons or cantaloupe must have been request, Sanidad Vegetal will provide grown in the area of Brazil considered APHIS with a list of all participants. by the Animal and Plant Health In- Under the supervision of Sanidad Vege- spection Service to be free of the South tal personnel: American cucurbit fly, (Anastrepha (1) The avocados must have been in- grandis), in accordance with § 319.56– spected during growing, harvesting, 2(e)(4) of this subpart. In addition, all and packing and must have been found shipments of honeydew melons or can- free from seed weevils and other pests; taloupe must be accompanied by a (2) The avocados must have been phytosanitary certificate issued by the sealed in boxes after inspection at the Departamento de Defenso Sanitaria packing house with a seal that will be Vegetal (the Ministry of Agriculture of broken when the box is opened; and Brazil) that includes a declaration in- (3) The avocados must be packed in dicating that the melons or cantaloupe an enclosed container or vehicle or were grown in this area. The following under a tarpaulin cover while in tran- area is considered free of the South sit through Mexico to prevent exposure American cucurbit fly: that portion of of the fruit to fruit flies. Brazil bounded on the north by the At- (c) Certification. All shipments of avo- lantic Ocean; on the east by the River cados must be accompanied by a docu- Assu (Acu) from the Atlantic Ocean to ment issued by Sanidad Vegetal cer- the city of Assu; on the south by High- tifying that the conditions specified in way BR 304 from the city of Assu (Acu) paragraph (b) of this section have been to Mossoro, and by Farm Road RN–015 met. from Mossoro to the Ceara state line; (d) Marking requirements. The boxes of and on the west by the Ceara state line avocados must be clearly marked with to the Atlantic Ocean. the statement ‘‘Distribution limited to (b) Shipping requirements. The honey- the State of Alaska.’’ dew melons or cantaloupe must be (e) Ports. The avocados may enter the packed in an enclosed container or ve- United States only at the following hicle or under tarpaulin cover while in ports: Galveston or Houston, Texas; the transit from the area of Brazil consid- border ports at Nogales, Arizona; ered free of the South American Brownsville, Eagle Pass, El Paso, Hi- cucurbit fly to the United States, to dalgo, or Laredo, Texas; any port in prevent exposure of the fruit to insect Alaska; or other ports within that area pests. of the United States specified in para- (c) Labelling. All shipments of honey- graph (f) of this section. dew melons or cantaloupe must be (f) Shipping areas. Except as explained labelled in accordance with § 319.56–2(g) below for avocados that enter the of this subpart. United States at Nogales, Arizona, avo- [58 FR 11634, Feb. 25, 1993, as amended at 60 cados moved by truck or rail car may FR 50386, Sept. 29, 1995] transit only that area of the United States bounded on the west and south § 319.56–2bb Administrative instruc- by a line extending from El Paso, tions governing movement of Hass Texas, to Salt Lake City, Utah, to avocados from Mexico to Alaska. Portland, Oregon, and due west from Hass avocados may be imported from Portland; and on the east and south by Mexico into the United States for dis- a line extending from Brownsville, tribution in Alaska only under a per- Texas, to Galveston, Texas, to Kinder, mit issued in accordance with § 319.56–4, Louisiana, to Memphis, Tennessee, to and only under the following condi- Louisville, Kentucky, and due east tions: from Louisville. All cities on these (a) Commercial shipments. The avoca- boundary lines are included in this dos may be imported in commercial area. If the avocados are moved by air, shipments only. the aircraft may not land outside this (b) Safeguards in Mexico. The avoca- area. Avocados that enter the United dos must have been grown in the Mexi- States at Nogales, Arizona, must be can State of Michoacan by a partici- moved to El Paso, Texas, by the route
292
VerDate 20
specified on the permit, and then must treatments required by paragraph (a) remain within the shipping area de- of this section, prior to export from scribed above. Japan or the Republic of Korea, by an (g) Shipping requirements. The avoca- APHIS inspector and an inspector from dos must be moved through the United the national plant protection agency of States either by air or in a refrigerated Japan or the Republic of Korea. The truck or refrigerated rail car or in re- apples shall be subject to further dis- frigerated containers on a truck or rail infection in the exporting country if car. If the avocados are moved in re- plant pests are found prior to export. frigerated containers on a truck or rail Imported Fuji variety apples inspected car, an inspector must seal the con- in Japan or the Republic of Korea are tainers with a serially numbered seal also subject to inspection and disinfec- at the port of first arrival in the tion at the port of first arrival, as pro- United States. If the avocados are vided in § 319.56–6. moved in a refrigerated truck or a re- (c) Trust fund agreements. The na- frigerated rail car, an inspector must tional plant protection agency of the seal the truck or rail car with a seri- exporting country must enter into a ally numbered seal at the port of first trust fund agreement with APHIS be- arrival in the United States. If the avo- fore APHIS will provide the services cados are transferred to another vehi- necessary for Fuji variety apples to be cle or container in the United States, imported into the United States from an inspector must be present to super- Japan or the Republic of Korea. The vise the transfer and must apply a new agreement requires the national plant serially numbered seal. The avocados protection agency to pay in advance of must be moved through the United each shipping season all costs that States under Customs bond. APHIS estimates it will incur in pro- (h) Inspection. The avocados are sub- viding services in Japan or the Repub- ject to inspection by the Animal and lic of Korea during that shipping sea- Plant Health Inspection Service at the son. These costs include administrative U.S./Mexico border, at any stops in the expenses and all salaries (including United States en route to Alaska, and overtime and the Federal share of em- at the port of arrival in Alaska. ployee benefits), travel expenses (in- [58 FR 40037, July 27, 1993] cluding per diem expenses), and other incidental expenses incurred by APHIS § 319.56–2cc Administrative instruc- in performing these services. The tions governing the entry of Fuji agreement requires the national plant variety apples from Japan and the protection agency to deposit a certified Republic of Korea. or cashiers check with APHIS for the Fuji variety apples may be imported amount of these costs, as estimated by into the United States from Japan and APHIS. If the deposit is not sufficient the Republic of Korea only under the to meet all costs incurred by APHIS, following conditions: the agreement further requires the na- (a) Treatment and fumigation. The ap- tional plant protection agency to de- ples must be cold treated and then fu- posit with APHIS a certified or cash- migated, under the supervision of an iers check for the amount of the re- Animal and Plant Health Inspection maining costs, as determined by Service (APHIS) inspector, either in APHIS, before APHIS will provide any Japan or the Republic of Korea, for the more services necessary for Fuji vari- peach fruit moth (Carposina niponensis), ety apples to be imported into the the yellow peach moth (Conogethes United States from that country. After punctiferalis), the fruit tree spider mite a final audit at the conclusion of each (Tetranychus viennensis), and the shipping season, any overpayment of kanzawa mite (T. kanzawai), in accord- funds will be returned to the national ance with the Plant Protection and plant protection agency, or held on ac- Quarantine Treatment Manual, which count until needed, at that agency’s is incorporated by reference at § 300.1 of option. this chapter. (d) Department not responsible for dam- (b) APHIS inspection. The apples must age. The treatments prescribed in para- be inspected upon completion of the graph (a) of this section are judged
293
VerDate 20
from experimental tests to be safe for infestation is determined and all use with Fuji variety apples from Medflies are eradicated; Japan and the Republic of Korea. How- (5) The tomatoes must be packed ever, the Department assumes no re- within 24 hours of harvest. They must sponsibility for any damage sustained be safeguarded by a flyproof mesh through or in the course of such treat- screen or plastic tarpaulin while in ment or by compliance with require- transit to the packing house and while ments under paragraph (a) or (b) of this awaiting packing, and packed in section. flyproof containers for transit to the [59 FR 42154, Aug. 17, 1994] airport and subsequent shipping to the United States. § 319.56–2dd Administrative instruc- (6) MAFF is responsible for export tions: conditions governing the certification inspection and issuance of entry of pink or red tomatoes from phytosanitary certificates. A Spain. phytosanitary certificate issued by (a) Pink or red tomatoes (fruit) MAFF and bearing the following dec- (Lycopersicon esculentum) from Spain laration, ‘‘These tomatoes were grown may be imported into the United in registered greenhouses in Almeria States only under the following condi- Province in Spain,’’ must accompany tions: the shipment. (1) The tomatoes must be grown in (b) [Reserved] the Almeria Province of Spain in greenhouses registered with, and in- [59 FR 43712, Aug. 25, 1994] spected by, the Spanish Ministry of Ag- riculture, Fisheries, and Food (MAFF); § 319.56–2ee Administrative instruc- tions: conditions governing the (2) The tomatoes may be shipped only entry of Ya variety pears from from December 1 through April 30, in- China. clusive; (3) Two months prior to shipping, and Ya variety pears may be imported continuing through April 30, MAFF into the United States from China only must set and maintain Mediterranean under the following conditions: fruit fly (Medfly) traps baited with (a) Growing and harvest conditions. (1) trimedlure inside the greenhouses at a The pears must have been grown by rate of four traps per hectare. In all growers registered with the Chinese areas outside the greenhouses and Ministry of Agriculture in an APHIS- within 8 kilometers, including urban approved export growing area in Hebei and residential areas, MAFF must Province. place Medfly traps at a rate of four (2) Field inspections for signs of pest traps per square kilometer. All traps infestation must be conducted by the must be checked every 7 days; Chinese Ministry of Agriculture during (4) Capture of a single Medfly in a the growing season. registered greenhouse shall imme- (3) The registered growers shall be re- diately cancel exports from that green- sponsible for following the house until the source of infestation is phytosanitary measures agreed upon determined, all Medflies are eradi- by APHIS and the Chinese Ministry of cated, and measures are taken to pre- Agriculture, including applying pes- clude any future infestation. Capture ticides to reduce the pest population of a single Medfly within 2 kilometers and bagging the pears on the trees to of a registered greenhouse will neces- reduce the opportunity for pests to at- sitate increasing trap density in order tack the fruit during the growing sea- to determine whether there is a repro- son. The bags must remain on the ducing population in the area or if the pears through the harvest and during single Medfly has been introduced acci- their movement to the packing house. dentally. Capture of two Medflies with- (4) The packing houses in which the in 2 kilometers of a registered green- pears are prepared for exportation shall house and within a 1 month time pe- not be used for any fruit other than Ya riod shall cancel exports from all reg- variety pears from registered growers istered greenhouses within 2 kilo- during the pear export season. The meters of the find, until the source of packing houses shall accept only those
294
VerDate 20
pears that are in intact bags as re- vest, and packinghouse operations pre- quired by paragraph (a)(3) of this sec- scribed in paragraph (c) of this section. tion. The pears must be loaded into These costs will include administrative containers at the packing house and expenses incurred in conducting the the containers then sealed before services and all salaries (including movement to the port of export. overtime and the Federal share of em- (b) Treatment. The pears must be cold ployee benefits), travel expenses (in- treated for Bactrocera dorsalis in ac- cluding per diem expenses), and other cordance with the Plant Protection incidental expenses incurred by the in- and Quarantine Treatment Manual, spectors in performing these services. which is incorporated by reference at The agreement requires the Mexican § 300.1 of this chapter. avocado industry association to deposit (c) Each shipment of pears must be a certified or cashier’s check with accompanied by a phytosanitary cer- APHIS for the amount of those costs, tificate issued by the Chinese Ministry as estimated by APHIS. If the deposit of Agriculture stating that the condi- is not sufficient to meet all costs in- tions of paragraphs (a) and (b) of this curred by APHIS, the agreement fur- section have been met. ther requires the Mexican avocado in- [60 FR 50386, Sept. 29, 1995] dustry association to deposit with APHIS a certified or cashier’s check § 319.56–2ff Administrative instruc- for the amount of the remaining costs, tions governing movement of Hass as determined by APHIS, before the avocados from Mexico to the North- eastern United States. services will be completed. After a final audit at the conclusion of each Fresh Hass variety avocados (Persea shipping season, any overpayment of americana) may be imported from Mex- funds would be returned to the Mexican ico into the United States for distribu- avocado industry association or held tion in the northeastern United States on account until needed. only under a permit issued in accord- (c) Safeguards in Mexico. The avoca- ance with § 319.56–4, and only under the dos must have been grown in the Mexi- following conditions: can State of Michoacan in an orchard (a) Shipping restrictions. (1) The avoca- dos may be imported in commercial located in a municipality that meets shipments only; the requirements of paragraph (c)(1) of (2) The avocados may be imported this section. The orchard in which the only during the months of November, avocados are grown must meet the re- December, January, and February; and quirements of paragraph (c)(2) of this (3) The avocados may be distributed section. The avocados must be packed only in the following northeastern for export to the United States in a States: Connecticut, Delaware, the Dis- packinghouse that meets the require- trict of Columbia, Illinois, Indiana, ments of paragraph (c)(3) of this sec- Kentucky, Maine, Maryland, Massa- tion. Sanidad Vegetal must provide an chusetts, Michigan, New Hampshire, annual work plan to APHIS that de- New Jersey, New York, Ohio, Pennsyl- tails the activities that Sanidad Vege- vania, Rhode Island, Vermont, Vir- tal will, subject to APHIS’ approval of ginia, West Virginia, and Wisconsin. the work plan, carry out to meet the (b) Trust fund agreement. The avoca- requirements of this section; APHIS dos may be imported only if the Mexi- will be directly involved with Sanidad can avocado industry association rep- Vegetal in the monitoring and super- resenting Mexican avocado growers, vision of those activities. The person- packers, and exporters has entered into nel conducting the trapping and pest a trust fund agreement with the Ani- surveys must be hired, trained, and su- mal and Plant Health Inspection Serv- pervised by Sanidad Vegetal or by the ice (APHIS) for that shipping season. Michoacan State delegate of the That agreement requires the Mexican Secretaria de Agricultura, Ganaderia y avocado industry association to pay in Desarrollo Rural (SAGDR). advance all estimated costs that (1) Municipality requirements. (i) The APHIS expects to incur through its in- municipality must be listed as an ap- volvement in the trapping, survey, har- proved municipality in the annual
295
VerDate 20
work plan provided to APHIS by and may not be included in field boxes Sanidad Vegetal. of fruit to be packed for export. (ii) The municipality must be sur- (iv) Dead branches on avocado trees veyed at least annually and found to be in the orchard must be pruned and re- free from the large avocado seed weevil moved from the orchard. Heilipus lauri, the avocado seed moth (v) Harvested avocados must be Stenoma catenifer, and the small avo- placed in field boxes or containers of cado seed weevils Conotrachelus field boxes that are marked to show aguacatae and C. perseae. The survey the Sanidad Vegetal registration num- must cover at least 300 hectares in the ber of the orchard. The avocados must municipality and include randomly se- be moved from the orchard to the pack- lected portions of each registered or- inghouse within 3 hours of harvest or chard and areas with wild or backyard they must be protected from fruit fly avocado trees. The survey must be con- infestation until moved. ducted during the growing season and (vi) The avocados must be protected completed prior to the harvest of the from fruit fly infestation during their avocados. movement from the orchard to the (iii) Trapping must be conducted in packinghouse and must be accom- the municipality for Mediterranean panied by a field record indicating that fruit fly (Medfly) (Ceratitis capitata) at the avocados originated from a cer- the rate of 1 trap per 1 to 4 square tified orchard. miles. Any findings of Medfly must be (3) Packinghouse requirements. The reported to APHIS. packinghouse must be registered with (2) Orchard and grower requirements. Sanidad Vegetal’s avocado export pro- The orchard and the grower must be gram and must be listed as an approved registered with Sanidad Vegetal’s avo- packinghouse in the annual work plan cado export program and must be listed provided to APHIS by Sanidad Vegetal. as an approved orchard or an approved The operations of the packinghouse grower in the annual work plan pro- must meet the following conditions: vided to APHIS by Sanidad Vegetal. (i) During the time the packinghouse The operations of the orchard must is used to prepare avocados for export meet the following conditions: to the United States, the packinghouse (i) The orchard and all contiguous or- may accept fruit only from orchards chards and properties must be surveyed certified by Sanidad Vegetal for par- annually and found to be free from the ticipation in the avocado export pro- avocado stem weevil Copturus gram. aguacatae. The survey must be con- (ii) All openings to the outside must ducted during the growing season and be covered by screening with openings completed prior to the harvest of the of not more than 1.6 mm or by some avocados. other barrier that prevents insects (ii) Trapping must be conducted in from entering the packinghouse. the orchard for the fruit flies (iii) The packinghouse must have Anastrepha ludens, A. serpentina, and A. double doors at the entrance to the fa- striata at the rate of one trap per 10 cility and at the interior entrance to hectares. If one of those fruit flies is the area where the avocados are trapped, at least 10 additional traps packed. must be deployed in a 50-hectare area (iv) Prior to the culling process, a immediately surrounding the trap in sample of 300 avocados per shipment which the fruit fly was found. If within must be selected, cut, and inspected by 30 days of the first finding any addi- Sanidad Vegetal and found free from tional fruit flies are trapped within the pests. 260-hectare area surrounding the first (v) The identity of the avocados must finding, malathion bait treatments be maintained from field boxes or con- must be applied in the affected orchard tainers to the shipping boxes so the av- in order for the orchard to remain eli- ocados can be traced back to the or- gible to export avocados. chard in which they were grown if (iii) Avocado fruit that has fallen pests are found at the packinghouse or from the trees must be removed from the port of first arrival in the United the orchard at least once every 7 days States.
296
VerDate 20
(vi) Prior to being packed in boxes, pended until APHIS and Sanidad Vege- each avocado fruit must be cleaned of tal agree that the pest eradication all stems, leaves, and other portions of measures taken have been effective and plants and labeled with a sticker that that the pest risk within that munici- bears the Sanidad Vegetal registration pality has been eliminated. number of the packinghouse. (2) If Sanidad Vegetal discovers the (vii) The avocados must be packed in stem weevil Copturus aguacatae in an clean, new boxes. The boxes must be orchard during an orchard survey or clearly marked with the identity of the other monitoring or inspection activity grower, packinghouse, and exporter, in the orchard, Sanidad Vegetal must and the statement ‘‘Distribution lim- provide APHIS with information re- ited to the following States: CT, DC, garding the circumstances of the infes- DE, IL, IN, KY, ME, MD, MA, MI, NH, tation and the pest risk mitigation NJ, NY, OH, PA, RI, VA, VT, WV, and measures taken. The orchard in which WI.’’ the pest was found will lose its export (viii) The boxes must be placed in a certification immediately and will be refrigerated truck or refrigerated con- denied export certification for the en- tainer and remain in that truck or con- tire shipping season of November tainer while in transit through Mexico through February. to the port of first arrival in the (3) If Sanidad Vegetal discovers the United States. Prior to leaving the stem weevil Copturus aguacatae in fruit packinghouse, the truck or container at a packinghouse, Sanidad Vegetal must be secured by Sanidad Vegetal must investigate the origin of the in- with a seal that will be broken when fested fruit and provide APHIS with in- the truck or container is opened. Once formation regarding the circumstances sealed, the refrigerated truck or refrig- of the infestation and the pest risk erated container must remain un- mitigation measures taken. The or- opened until it reaches the port of first chard where the infested fruit origi- arrival in the United States. nated will lose its export certification (ix) Any avocados that have not been immediately and will be denied export packed or loaded into a refrigerated certification for the entire shipping truck or refrigerated container by the season of November through February. end of the work day must be kept in (f) Ports. The avocados may enter the the screened packing area. United States at: (d) Certification. All shipments of avo- (1) Any port located in the north- cados must be accompanied by a eastern States specified in paragraph phytosanitary certificate issued by (a)(3) of this section; Sanidad Vegetal certifying that the (2) The ports of Galveston or Hous- conditions specified in this section ton, TX, or the border ports of Nogales, have been met. AZ, or Brownsville, Eagle Pass, El (e) Pest detection. (1) If any of the avo- Paso, Hidalgo, or Laredo, TX; or cado seed pests Heilipus lauri, (3) Other ports within that area of Conotrachelus aquacatae, C. perseae, or the United States specified in para- Stenoma catenifer are discovered in a graph (g) of this section. municipality during an annual pest (g) Shipping areas. Except as ex- survey, orchard survey, packinghouse plained below in this paragraph for av- inspection, or other monitoring or in- ocados that enter the United States at spection activity in the municipality, Nogales, AZ, avocados moved by truck Sanidad Vegetal must immediately ini- or rail car may transit only that area tiate an investigation and take meas- of the United States bounded on the ures to isolate and eradicate the pests. west by a line extending from El Paso, Sanidad Vegetal must also provide TX, to Denver, CO, and due north from APHIS with information regarding the Denver; and on the east and south by a circumstances of the infestation and line extending from Brownsville, TX, the pest risk mitigation measures to Galveston, TX, to Kinder, LA, to taken. The municipality in which the Memphis, TN, to Knoxville, TN, follow- pests are discovered will lose its pest- ing Interstate 40 to Raleigh, NC, and free certification and avocado exports due east from Raleigh. All cities on from that municipality will be sus- these boundary lines are included in
297
VerDate 20
this area. If the avocados are moved by (b) Applications for permits should be air, the aircraft may not land outside made in advance of the proposed ship- this area. Avocados that enter the ments; but if, through no fault of the United States at Nogales, AZ, must be importer, a shipment should arrive be- moved to El Paso, TX, by the route fore a permit is received, the importa- specified on the permit, and then must tion will be held in customs custody at remain within the shipping area de- the port of first arrival, at the risk and scribed above in this paragraph. expense of the importer, for a period (h) Shipping requirements. The avoca- not exceeding 20 days pending the re- dos must be moved through the United ceipt of the permit. States either by air or in a refrigerated (c) Application may be made by tele- truck or refrigerated rail car or in a re- graph, in which case the information frigerated container on a truck or rail required above must be given. car. If the avocados are moved in a re- (d) A separate permit must be se- frigerated container on a truck or rail cured for shipments from each country car, an inspector must seal the con- and for each port of first arrival in the tainer with a serially numbered seal at United States. the port of first arrival in the United States. If the avocados are moved in a (Approved by the Office of Management and refrigerated truck or a refrigerated rail Budget under control number 0579–0049) car, an inspector must seal the truck (44 U.S.C. 35) or rail car with a serially numbered seal at the port of first arrival in the [24 FR 10788, Dec. 29, 1959, as amended at 48 United States. If the avocados are FR 57466, Dec. 30, 1983] transferred to another vehicle or con- tainer in the United States, an inspec- § 319.56–4 Issuance of permits. tor must be present to supervise the Upon receipt of an application and transfer and must apply a new serially upon approval by an inspector a permit numbered seal. The avocados must be will be issued specifying the conditions moved through the United States of entry and the port of entry to carry under Customs bond. out the purposes of this subpart, and a (i) Inspection. The avocados are sub- copy will be supplied to the importer. ject to inspection by an inspector at the port of first arrival, at any stops in § 319.56–5 Notice of arrival by permit- the United States en route to the tee. northeastern States, and upon arrival (a) Immediately upon the arrival of at the terminal market in the north- fruits or vegetables, from the countries eastern States. At the port of first ar- specified in § 319.56, at the port of first rival, an inspector will sample and cut arrival, the permittee or his agent avocados from each shipment to detect shall submit a notice, in duplicate, to pest infestation. the Plant Protection and Quarantine [62 FR 5313, Feb. 5, 1997] Programs, through the United States Collector of Customs, or, in the case of § 319.56–3 Applications for permits for Guam, through the Customs officer of importation of fruits and vegeta- the Government of Guam, on forms bles. provided for that purpose, stating the (a) Persons contemplating the impor- number of the permit; the kinds of tation of fruits or vegetables the entry fruits or vegetables; the quantity or of which is authorized in the regula- the number of crates or other contain- tions in this subpart shall first make ers included in the shipment; the coun- application to the Plant Protection try or locality where the fruits or vege- and Quarantine Programs for a permit, tables were grown; the date of arrival; stating in the application the country the name of the vessel, the name and or locality of origin of the fruits or the number, if any, of the dock where vegetables, the port of first arrival, and the fruits or vegetables are to be un- the name and address of the importer loaded, and the name of the importer in the United States to whom the per- or broker at the port of first arrival, mit should be sent. or, if shipped by rail, the name of the
298
VerDate 20
railroad, the car numbers, and the ter- al any imported fruit or vegetable un- minal where the fruits or vegetables less and until an inspector notifies the are to be unloaded. person (in person, in writing, by tele- (b) Permits may be revoked and phone, or through electronic means) other permits refused if the permittee that the fruit or vegetable: or his agent fails to submit the notice (1) Has been released; or of arrival or gives a false notice or in (2) Requires reinspection, cleaning, any other way violates the quarantine. or treatment of the fruit or vegetable at that port or at a place other than (Approved by the Office of Management and Budget under control number 0579–0049) the port of first arrival, or is prohib- ited and must be exported from the (44 U.S.C. 35) United States. (e) Notice to owner of actions ordered [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] by inspector. If an inspector orders any disinfection, cleaning, treatment, re- § 319.56–6 Inspection and other re- exportation, or other action with re- quirements at the port of first ar- gard to imported fruits or vegetables, rival. the inspector shall file an emergency (a) Inspection and treatment. All im- action notification (PPQ Form 523) ported fruits or vegetables shall be in- with the owner of the fruits or vegeta- spected, and shall be subject to such bles or an agent of the owner. The disinfection at the port of first arrival owner must, within the time specified as may be required by an inspector, in the PPQ Form 523, destroy the fruits and shall be subject to reinspection at and vegetables, ship them to a point other locations at the option of an in- outside the United States, move them spector. If an inspector finds a plant to an authorized site, and/or apply pest or evidence of a plant pest on or in treatments or other safeguards to the any fruit or vegetable or its container, fruits and vegetables as prescribed by or finds that the fruit or vegetable may an inspector to prevent the introduc- have been associated with other arti- tion of plant pests into the United cles infested with plant pests, the States. owner or agent of the owner of the (f) Costs and charges. The Animal and fruit or vegetable shall clean or treat Plant Health Inspection Service the fruit or vegetable and its container (APHIS), U.S. Department of Agri- as required by an inspector, and the culture will be responsible only for the fruit or vegetable shall also be subject costs of providing the services of an in- to reinspection, cleaning, and treat- spector during regularly assigned hours ment at the option of an inspector at of duty and at the usual places of 1 any time and place before all applica- duty. The owner of imported fruits or ble requirements of this subpart have vegetables is responsible for all addi- been accomplished. tional costs of inspection, treatment, (b) Assembly for inspection. The owner movement, storage, or destruction or- or agent of the owner shall assemble dered by an inspector under this sub- imported fruits and vegetables for in- part, including any labor, chemicals, spection at the port of first arrival, or packing materials, or other supplies re- at any other place prescribed by an in- quired. APHIS will not be responsible spector, at a place and time and in a for any costs or charges, other than manner designated by an inspector. those identified in this section. (c) Refusal of entry. If an inspector [60 FR 62320, Dec. 6, 1995] finds that an imported fruit or vegeta- ble is prohibited or is so infested with § 319.56–7 Inspection of baggage and a plant pest that, in the judgment of cargo on the dock. the inspector, it cannot be cleaned or Inspectors of the U.S. Department of treated, or contains soil or other pro- Agriculture are authorized to cooper- hibited contaminants, the entire lot ate with the customs inspectors in the may be refused entry into the United States. 1 Provisions relating to costs for other (d) Release for movement. No person services of an inspector are contained in 7 shall move from the port of first arriv- CFR part 354.
299
VerDate 20
examination of all baggage or other pests as an inspector determines nec- personal belongings of passengers or essary to prevent the introduction into members of crews of vessels or other the United States of such diseases or carriers whenever such examination is pests. If such article is not promptly deemed necessary for the purpose of en- safeguarded, removed from the United forcing the provisions of § 319.56 with States, or abandoned for destruction by respect to the entry of any prohibited the importer, it may be seized, de- or restricted fruits or vegetables or stroyed, or otherwise disposed of in ac- plants or portions of plants which may cordance with section 10 of the Plant be contained in the baggage or other Quarantine Act (7 U.S.C. 164a) and sec- belongings of such persons. tions 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff). § 319.56–8 Territorial applicability. [46 FR 54320, Nov. 2, 1981, as amended at 48 The regulations in this subpart shall FR 46735 Oct. 14, 1983] apply with respect to importations into the continental United States, Guam, § 319.59–1 Definitions. Hawaii, Puerto Rico, and the Virgin Is- Terms used in the singular form in lands of the United States. this subpart shall be construed as the plural, and vice versa, as the case may Subpart—Wheat Diseases demand. The following terms, when used in this subpart, shall be con- strued, respectively, to mean: AUTHORITY: Secs. 105, 107, 71 Stat. 32 and 34, as amended; 37 Stat. 854; secs. 7 and 9, 37 Deputy Administrator. The Deputy Ad- Stat. 317 and 318, as amended; sec. 10, 45 Stat. ministrator of Plant Protection and 468 (7 U.S.C. 150dd, 150ff, 155, 160, 162, and Quarantine, Animal and Plant Health 164a); 37 FR 28464, 28477, as amended; 45 FR Inspection Service, U.S. Department of 8564, 8565. Agriculture, or any other officer or em- ployee of said Service to whom author- § 319.59 Prohibitions on importation; ity to act in his/her stead has been or disposal of articles refused importa- may hereafter be delegated. tion. Disease. The term, in addition to its (a) Pursuant to section 7 of the Plant common meaning, includes a disease Quarantine Act (7 U.S.C. 160) the Sec- agent which incites a disease. retary has determined that, in order to Foreign strains of flag smut. Plant dis- prevent the introduction into the eases caused by foreign strains of high- United States from any foreign coun- ly infective fungi, Urocystis agropyri try or locality of foreign strains of flag (Preuss) Schroet., which attack wheat smut or Karnal bunt, it is necessary, and substantially reduce its yield, and except as provided in § 319.59–2(b) of which are new to or not widely preva- this subpart, to prohibit the importa- lent or distributed within and through- tion into the United States of certain out the United States. articles from certain foreign countries From. An article is considered to be and localities. Accordingly, no person ‘‘from’’ any country or locality in shall import or offer for entry into the which it was grown. United States any article designated in Inspector. Any employee of Plant Pro- § 319.59–2(a) of this subpart as a prohib- tection and Quarantine, Animal and ited article, except as otherwise pro- Plant Health Inspection Service, U.S. vided in § 319.59–2(b) of this subpart. Department of Agriculture, or other (b) Any article refused importation person, authorized by the Deputy Ad- in accordance with the requirements of ministrator in accordance with law to this subpart shall be promptly removed enforce the provisions of the regula- from the United States or abandoned tions in this subpart. by the importer for destruction, and Karnal bunt. A plant disease caused pending such action shall be subject to by a highly infectious plant pathogenic the immediate application of such safe- smut fungus, Tilletia inidica Mitra, guards against escape of injurious [Neovossia indica (Mitra) Manakur], plant diseases (including foreign which attacks wheat and substantially strains of flag smut) and Karnal bunt, reduces its yield and substantially low- injurious insect pests and other plant ers the quality of the wheat grain, and
300
VerDate 20
which is new to or not widely prevalent (2) Afghanistan, Algeria, Australia, or distributed within and throughout Bangladesh, Bulgaria, Chile, People’s the United States. Republic of China, Cyprus, Egypt, Person. An individual, corporation, Falkland Islands, Greece, Guatemala, company, society, or association. Hungary, India, Iran, Iraq, Israel, Plant Protection and Quarantine. The Italy, Japan, Korea, Libya, Morocco, organizational unit within the Animal Nepal, Oman, Pakistan, Portugal, Ro- and Plant Health Inspection Service, mania, Spain, Tanzania, Tunisia, Tur- U.S. Department of Agriculture, dele- key, Republic of South Africa, Union of gated responsibility for enforcing pro- Soviet Socialist Republics, and Ven- visions of the Plant Quarantine Act, ezuela. the Federal Plant Pest Act, and related (b) The articles listed in paragraph legislation, and regulations promul- (b)(1) of this section from the countries gated thereunder. and locations listed in paragraph (b)(2) Prohibited article. Any class of seed, of this section are prohibited articles plant, or other plant product specified because of Karnal bunt: as prohibited articles in § 319.59–2(a) or (1) Seeds, plants, straw (other than (b). straw without heads and which have Secretary. The Secretary of Agri- been processed or manufactured into culture, or any other officer or em- articles such as decorative wall hang- ployee of the Department of Agri- ings, clothing or toys), chaff, and prod- culture to whom authority to act in ucts of the milling process (i.e., bran, his/her stead has been or may hereafter shorts, thistle sharps, and pollards) be delegated. other than flour of Triticum spp. Spp. (species). All species, clones, (wheat). cultivars, strains, varieties, and hy- (2) Afghanistan, India, Iraq, Mexico brids, of a genus. and Pakistan. United States. The States, District of (c) Any article listed as a prohibited Columbia, American Samoa, Northern article in paragraph (a) or (b) of this Mariana Islands, Puerto Rico, and the section may be imported or offered for Virgin Islands of the United States. entry into the United States if: [46 FR 54320, Nov. 2, 1981, as amended at 48 (1) Imported by the U.S. Department FR 46735, Oct. 14, 1983] of Agriculture for experimental or sci- entific purposes; § 319.59–2 Prohibited articles. (2) Imported at the Plant Germplasm (a) The articles listed in paragraph Quarantine Center, Building 320, Belts- (a)(1) of this section from the countries ville Agricultural Center East, Belts- and localities listed in paragraph (a)(2) ville, MD 20705 or at any port of entry of this section are prohibited articles with an asterisk listed in 7 CFR 319.37– because of foreign strains of flag smut 14(b). and are prohibited from being imported (3) Imported pursuant to a Depart- or offered for entry into the United mental permit issued for such article States except as provided in paragraph and kept on file at the Plant (b) of this section. Germplasm Quarantine Center; (1)(i) Seeds, plants, and straw (other (4) Imported under conditions speci- than straw, with or without heads and fied on the Departmental permit and which have been processed or manufac- found by the Deputy Administrator to tured for use indoors, such as for deco- be adequate to prevent the introduc- rative purposes or for use as toys), tion into the United States of tree, chaff, and products of the milling proc- plant, or fruit diseases (including for- ess (i.e., bran, shorts, thistle sharps, eign strains of flag smut), injurious in- and pollards) other than flour of sects, and other plant pests, i.e., condi- Triticums spp. (wheat) or of Aegilops tions of treatment, processing, grow- spp. (barb goatgrass, goatgrass). ing, shipment, disposal; and (ii) Seeds of melilotus indica (annual (5) Imported with a Departmental tag yellow sweetclover) and seeds of any or label securely attached to the out- other field crops that have been sepa- side of the container containing the ar- rated from wheat during the screening ticle or securely attached to the article process. itself if not in a container, and with
301
VerDate 20
such tag or label bearing a Depart- countries, except rice straw, hulls, and mental permit number corresponding chaff which are prohibited importation to the number of the Departmental from all countries by paragraph (a) of permit issued for such article. this section, and except wheat straw, [46 FR 54320, Nov. 2, 1981, as amended at 48 hulls, and chaff which are restricted FR 46735 Oct. 14, 1983; 49 FR 24877, June 18, importation by § 319.59 from Aden Pro- 1984] tectorate, Afghanistan, Australia, Bul- garia, Caucasus (including but not lim- Subpart—Packing Materials ited to Azerbaidzhan, South Russia, and Transcaucasia), Chile, China, Cy- QUARANTINE prus, Egypt, Greece, India, Iran, Iraq, Israel, Italy, Japan, Oman, Pakistan, § 319.69 Notice of quarantine. Palestine, Portugal, Saudi Arabia, (a) The following plants and plant Sinai Peninsula, Spain, Syria, Trans- products, when used as packing mate- Jordan, Tunisia, Turkestan, Turkey, rials, are prohibited entry into the Union of South Africa, and Yemen. United States from the countries and (2) Corn and allied plants (maize, sor- localities named: ghum, broomcorn, Sudan grass, napier (1) Rice straw, hulls, and chaff; from all countries. grass, jobs-tears, teosinte, Polytoca, (2) Corn and allied plants (maize, sor- Sclerachne, Chionachne); all parts, ghum, broomcorn, Sudan grass, napier from Mexico and the countries of Cen- grass, jobs-tears, teosinte, Polytoca, tral America, the West Indies, and Sclerachne, Chionachne); all parts, South America. from all countries except Mexico, and (3) Grasses and hay and similar in- the countries of Central America, the definite dried or cured masses of West Indies, and South America. grasses, weeds, and herbaceous plants; (3) Cotton and cotton products (lint, from all countries. waste, seed cotton, cottonseed, and (4) Soil containing an appreciable ad- cottonseed hulls); from all countries. mixture of vegetable matter, from all (4) Sugarcane; all parts of the plant countries, which is authorized as safe including bagasse, from all countries. for packing by the rules and regula- (5) Bamboo; leaves and small shoots, tions promulgated supplemental to this from all countries. quarantine. (6) Leaves of plants; from all coun- (c) However, whenever the Deputy tries. Administrator of the Plant Protection (7) Forest litter; from all countries. and Quarantine Programs shall find (8) Soil containing an appreciable ad- mixture of vegetable matter, from all that existing conditions as to pest risk countries, except such types of soil or involved in the movement of the arti- earth as are authorized as safe for cles to which the regulations supple- packing by the rules and regulations mental hereto apply, make it safe to promulgated supplemental to this modify by making less stringent, the quarantine. restrictions contained in any of such Exceptions to the above prohibitions regulations, he shall publish such find- may be authorized in the case of spe- ings in administrative instructions, cific materials which have been so pre- specifying the manner in which the pared, manufactured, or processed that regulations shall be made less strin- in the judgment of the inspector no gent, whereupon such modification pest risk is involved in their entry. shall become effective; or he may, (b) The following plants and plant when the public interests will permit, products when used as packing mate- with respect to the importation of such rials will be permitted entry into the articles into Guam, upon request in United States from the countries and specific cases, authorize such importa- localities designated below only in ac- tion under conditions, specified in the cordance with the regulations supple- permit to carry out the purposes of mental to this quarantine: this subpart, that are less stringent (1) Cereal straw, hulls, and chaff than those contained in the regula- (such as oats, barley, and rye), from all tions.
302
VerDate 20
(d) This quarantine shall leave in full commodity or shipment to serve for force and effect all other quarantines filling, wrapping, ties, lining, mats, and orders. moisture retention, protection, or for (e) As used in this subpart, unless the any other purpose; and the word ‘‘pack- context otherwise requires, the term ing’’, as used in the expression ‘‘pack- United States means the States, the Dis- ing materials’’, shall include the pres- trict of Columbia, Guam, Puerto Rico, ence of such materials within, in con- and the Virgin Islands of the United tact with, or accompanying such com- States. modity or shipment. 1 (b) Soil containing vegetable matter. [24 FR 10788, Dec. 29, 1959, as amended at 26 Soil containing an appreciable admix- FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; 60 FR 27682, May 25, 1995] ture of vegetable matter, here brought under quarantine only because its con- § 319.69a Administrative instructions tent of decaying vegetation or plant re- and interpretation relating to the mains carries a definite pest risk, is to entry into Guam of plant materials be distinguished from soil of purely specified in § 319.69. mineral or earthy composition, which (a) Plants and products designated in is not covered by this quarantine. § 319.69(a)(1), (3), (4), and (5) and (b)(1) (c) Inspector. An inspector of the U.S. and (3) as prohibited or restricted entry Department of Agriculture. into the United States from the coun- tries and localities named may be im- § 319.69–2 Freedom from pests. ported into Guam as packing materials All packing materials allowed entry without prohibition or restriction under restriction shall be free from in- under this subpart. Inspection of such jurious insects and plant diseases. importations may be made under the general authority of § 330.105(a) of this § 319.69–3 Entry inspection. chapter. If an importation is found in- All packing materials shall be sub- fected, infested, or contaminated with ject to inspection at time of entry. any plant pest and is not subject to dis- posal under this part, disposition may § 319.69–4 Disposition of materials found in violation. be made in accordance with § 330.106 of this chapter. If the inspector shall find packing (b) Corn and allied plants listed in materials associated with or accom- § 319.69(a)(2) may be imported into panying any commodity or shipment Guam subject to the requirements of being imported, or to have been im- §§ 319.69–2, 319.69–3, and 319.69–4. ported, in violation of § 319.69 or of the (c) Under § 319.69(a) (6) and (7), coco- regulations in this subpart or shall find nut fronds and other parts of the coco- them infested or infected with injuri- nut trees are prohibited entry into ous insects or plant diseases, he may Guam as packing materials except as refuse entry to the shipment, or he permitted in § 319.37–9. may seize and destroy or otherwise dis- pose of such packing material, or he [24 FR 10788, Dec. 29, 1959, as amended at 60 may require it to be replaced, or steri- FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, lized, or otherwise treated. 1997]
EFFECTIVE DATE NOTE: At 62 FR 65009, Dec. § 319.69–5 Types of soil authorized for 10, 1997, in § 319.69a, paragraph (c) was packing. amended by revising the reference ‘‘319.37– The following types of soil or earth 16a’’ to read ‘‘§ 319.37–9’’, effective Jan. 9, are authorized as safe for packing: (a) 1998. Peat, (b) peat moss, and (c) Osmunda RULES AND REGULATIONS fiber.
§ 319.69–1 Definitions. 1 Since it is the packing materials them- (a) Packing materials. The expression selves which constitute the danger and not the manner of use, it is intended that the ‘‘packing material’’, as used in § 319.69, definition shall include their presence within includes any of the plants or plant or accompanying a shipment regardless of products enumerated, when these are their function or relation to a shipment or associated with or accompany any the character of the shipment.
303
VerDate 09
Subpart—Coffee be made less stringent, whereupon such modification shall become effective; or QUARANTINE he may, upon request in specific cases, when the public interests will permit, § 319.73 Notice of quarantine. authorize such importation under con- Pursuant to sections 5, 7, and 9 of the ditions specified in the permit to carry Plant Quarantine Act of 1912, as out the purposes of this part that are amended, and section 106 of the Federal less stringent than those contained in Plant Pest Act (7 U.S.C. 159, 160, 162, the regulations. 150ee), and after the public hearing re- quired thereunder, the Administrator REGULATIONS of the Animal and Plant Health Inspec- tion Service hereby determines that § 319.73–1 Definitions. the unrestricted importation into For the purposes of the provisions in Puerto Rico and Hawaii from all for- this subpart, unless the context other- eign countries and localities of (a) the seeds or beans of coffee which, previous wise requires, the following words shall to importation, have not been roasted be construed, respectively, to mean: to a degree which, in the judgment of (a) Deputy Administrator. The Deputy an inspector of the Department of Ag- Administrator of the Plant Protection riculture, will have destroyed coffee and Quarantine Programs, Animal and borers in all stages, (b) coffee berries or Plant Health Inspection Service, U.S. fruits, (c) coffee plants and leaves, and Department of Agriculture, or any offi- (d) empty sacks previously used for cer or employee of the Plant Protec- unroasted coffee, may result in the tion and Quarantine Programs to entry into Puerto Rico and Hawaii of whom authority has heretofore been the coffee berry borer (Stephanoderes delegated or may hereafter be dele- hampei Ferr. [S. coffeae Hgdn.]) and an gated to act in his stead. injurious rust disease caused by the (b) Inspector. A properly identified fungus Hemileia vastatrix B. and Br., employee of the U.S. Department of and said Administrator hereby further Agriculture or other person authorized determines, that, in order to prevent by the Department to enforce the pro- the introduction into Puerto Rico and visions of the Plant Quarantine Act Hawaii of said insect pest and coffee and the Federal Plant Pest Act. disease, which are new to and not here- (c) Plant Protection and Quarantine tofore widely prevalent or distributed within and throughout the United Programs. The Plant Protection and States, it is necessary to forbid the im- Quarantine Programs, Animal and portation into Puerto Rico and Hawaii Plant Health Inspection Service, U.S. of the products and plants specified Department of Agriculture. above, except as permitted in the regu- [35 FR 14497, Sept. 16, 1970, as amended at 36 lations supplemental hereto. Hereafter, FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, the products and plants specified above 1972] shall not be imported or offered for entry into Puerto Rico and Hawaii § 319.73–2 Products prohibited impor- from any foreign country or locality tation. except as permitted by said regula- The seeds or beans of coffee which, tions. However, whenever the Deputy previous to importation, have not been Administrator of the Plant Protection roasted to a degree which, in the judg- and Quarantine Programs shall find ment of an inspector, will have de- that existing conditions as to pest risk stroyed coffee borers in all stages; cof- involved in the importation of one or fee berries or fruits; coffee plants and more of the products to which this sub- part applies, make it safe to modify, by leaves; and empty sacks previously making less stringent the restrictions used for unroasted coffee; are prohib- contained in any such regulations, he ited importation into Puerto Rico or shall publish such findings in adminis- Hawaii, except as provided in § 319.73–3. trative instructions, specifying the [35 FR 14497, Sept. 16, 1970] manner in which the regulations shall
304
VerDate 20
§ 319.73–3 Conditions for transit move- § 319.73–4 Costs. ment of certain products through All costs incident to the inspection, Puerto Rico or Hawaii. handling, cleaning, safeguarding, treat- (a) Transit shipments from any for- ing, or other disposal of products or ar- eign country through Puerto Rico or ticles under this subpart, except for the Hawaii of samples of unroasted coffee services of an inspector during regu- seeds and beans in closed mail dis- larly assigned hours of duty and at the patches, destined to foreign countries usual places of duty, shall be borne by or to destinations elsewhere in the the owner, or his agent, having respon- United States in compliance with this sible custody thereof. subpart, will be allowed to proceed [35 FR 14498, Sept. 16, 1970] without action by the inspector. Other samples of unroasted coffee seeds or Subpart—Cut Flowers beans received by mail in the post of- fices in Puerto Rico or Hawaii shall be QUARANTINE subject to inspection and safeguard ac- tion by the inspector, who shall require § 319.74 Notice of quarantine. their immediate return to origin or im- (a) The Secretary of Agriculture, mediate forwarding to a destination having given the public hearing re- elsewhere in the United States in com- quired by law and having determined pliance with this subpart. Such return the pest risk involved, forbids the im- or onward movement shall be made in portation of cut flowers into the closed mail dispatches. If such imme- United States from foreign countries, diate action is not possible the samples including those in Europe, Asia, Africa, shall be destroyed. Australia, South America, Central (b) Samples of unroasted coffee seeds America, North America, and other or beans coming to Puerto Rico or Ha- foreign countries and islands (other than cut flowers produced in the Do- waii as cargo and not unloaded in Puer- minion of Canada, Labrador, New- to Rico or Hawaii will be allowed to foundland, and the United States), ex- proceed to a foreign destination or to a cept as provided in the regulations sup- destination elsewhere in the United plemental to this subpart. States in compliance with paragraph (b) This subpart shall not be con- (a) of this section. If the samples are to strued to modify provisions applicable be unloaded and transshipped in Puerto to cut flowers included in special quar- Rico or Hawaii, it shall be done imme- antine or other restrictive orders now diately after the inspector ascertains in force or hereafter promulgated. that the samples are properly wrapped (c) As used in this section, the term or packaged to prevent the escape of United States means the continental any plant pests that may be present United States, Guam, Hawaii, Puerto during transit and, before trans- Rico, and the Virgin Islands of the shipment the carrier shall rewrap or United States. package the samples in such manner as the inspector may require if he deems RULES AND REGULATIONS such action is necessary to prevent the escape of any plant pests that may be § 319.74–1 Definitions. present. For the purpose of the regulations in (c) Other mail, cargo, and baggage this subpart the following words, shipments of products covered by names, and terms shall be construed, § 319.73–2, arriving in Puerto Rico or respectively, to mean: Hawaii shall not be unloaded or trans- (a) Cut flower. The highly perishable shipped in Puerto Rico or Hawaii and commodity known in the commercial shall be subject to the inspection and flower-producing industry as a cut other applicable requirements of the flower, and being the severed portion of Plant Safeguard Regulations (part 352 a plant, including the inflorescence, and any parts of the plant attached of this chapter). thereto, in a fresh state. This defini- [35 FR 14497, Sept. 16, 1970] tion shall not include dried, bleached,
305
VerDate 20
dyed, or chemically treated decorative (b) Whenever, during the inspection plant materials; filler or greenery, such of cut flowers imported in accordance as fern fronds and asparagus plumes, with the regulations in this subpart, frequently packed with fresh cut flow- the inspector shall find them to be in- ers; nor to Christmas greenery, such as fested with an injurious insect or in- holly, mistletoe, and Christmas trees. fected with an injurious plant disease, (b) Inspector. An employee of the U.S. which can be eliminated by a method Department of Agriculture authorized of treatment selected by him in accord- by the Secretary of Agriculture to en- ance with administratively authorized force the provisions of the Plant Quar- procedures known to be effective under antine Act. the conditions applied, he may pre- scribe as a condition of entry that such [24 FR 10788, Dec. 29, 1959, as amended at 62 treatment be applied by the importer FR 50231, Sept. 25, 1997] or his agent, under the supervision of the inspector. All costs for such treat- § 319.74–2 Regulated articles. ment, except for the services of the in- All cut flowers imported into the spector, shall be borne by the importer United States from the foreign coun- or his agent. Neither the Department tries and islands designated in the of Agriculture nor the inspector shall quarantine are subject to the regula- be deemed responsible for any adverse tions in this subpart. effects of such treatment on the cut flowers so treated. In lieu of treatment [24 FR 10788, Dec. 29, 1959, as amended at 62 the importer of infested or infected cut FR 50231, Sept. 25, 1997] flowers shall be given the option of im- § 319.74–3 Conditions governing the mediately shipping them to a point entry of cut flowers. outside the United States or abandon- ing them for immediate destruction. (a) All cut flowers shall be given such (c) Fumigation of cut flowers for inspection and treatment at the port of agromyzids (insects of the family entry as may be deemed necessary by Agromyzidae) shall consist of fumiga- the inspector. Cut flowers imported tion with methyl bromide at normal from any country or locality and found atmospheric pressure in a chamber or upon inspection to be infested with under a tarpaulin in accordance with agromyzids (insects of the family one of the following schedules: Agromyzidae) shall be fumigated at the time of importation with methyl bro- 11⁄2 lbs. per 1000 cu. ft. for 2 hours at 80°–90°F. mide in accordance with a procedure (19 oz. concentration at first 1⁄2 hour) specified in paragraph (c) of this sec- (12 oz. concentration at 2 hours); or tion, except that such fumigation shall not be required for cut flowers im- 2 lbs. per 1000 cu. ft. for 2 hours at 70°–79°F. ported from Canada (including Lab- (24 oz. concentration at first 1⁄2 hour) rador and Newfoundland) or Mexico be- (16 oz. concentration at 2 hours); or cause of the finding of agromyzids, and shall not be required for cut flowers of 21⁄2 lbs. per 1000 cu. ft. for 2 hours at 60°–69°F.
Chrysanthemum spp. imported from Co- (30 oz. concentration at first 1⁄2 hour) lombia or the Dominican Republic be- (20 oz. concentration at 2 hours); or cause of the finding of agromyzids, when such agromyzids are identified by 3 lbs. per 1000 cu. ft. for 2 hours at 50°–59°F.
an inspector to be only agromyzids of (36 oz. concentration at first 1⁄2 hour) the species Liriomyza trifolii (Burgess). (24 oz. concentration at 2 hours); or Any cut flowers found upon inspection to be infested with injurious insects or 31⁄2 lbs. per 1000 cu. ft. for 2 hours at 40°–49°F.
infected with plant diseases, which (41 oz. concentration at first 1⁄2 hour) cannot be eliminated by treatment, (27 oz. concentration at 2 hours) shall be denied entry. The importer NOTE: There is a possibility that some cut will be given the option of abandoning flowers could be damaged by such fumiga- for destruction such rejected cut flow- tion. ers or immediately shipping them to a (Secs. 5 and 9, 37 Stat. 316, 318, as amended, point outside the United States. 7 U.S.C. 159, 162; 7 CFR 2.17, 2.51, and 371.2.;
306
VerDate 20
secs. 5 and 9, 37 Stat. 316, 318, as amended, 7 (1) Imported by the U.S. Department U. S. C. 159, 162; 7 CFR 2.17, 2.51, and 371.2(c)) of Agriculture for experimental or sci- [24 FR 10788, Dec. 29, 1959, as amended at 47 entific purposes; FR 38103, Aug. 30, 1982; 48 FR 16877, Apr. 20, (2) Imported at the Plant Germplasm 1983; 48 FR 20403, May 6, 1983; 49 FR 24988, Quarantine Center, Building 320, Belts- June 19, 1984; 62 FR 50231, Sept. 25, 1997] ville Agricultural Research Center East, Beltsville, MD 20705, or at a port § 319.74–4 Shipments for experimental of entry designated by an asterisk in or scientific purposes. § 319.37–14(b); Cut flowers may be imported for ex- (3) Imported pursuant to a Depart- perimental or scientific purposes by mental permit issued for such article the United States Department of Agri- and kept on file at the port of entry; culture upon such conditions and re- (4) Imported under conditions speci- strictions as the Deputy Administrator fied on the Departmental permit and found by the Deputy Administrator to of the Plant Protection and Quarantine be adequate to prevent the introduc- Programs may prescribe. tion into the United States of plant [24 FR 10788, Dec. 29, 1959. Redesignated at 62 pests, i.e., conditions of treatment, FR 50231, Sept. 25, 1997] processing, growing, shipment, dis- posal; and Subpart—Khapra Beetle (5) Imported with a Departmental tag or label securely attached to the out- § 319.75 Restrictions on importation of side of the container containing the ar- restricted articles; disposal of arti- ticle or securely attached to the article cles refused importation. itself if not in a container, and with (a) The Secretary has determined such tag or label bearing a Depart- mental permit number corresponding that in order to prevent the entry into to the number of the Departmental the United States of khapra beetle permit issued for such article. (Trogoderma granarium Everts) it is nec- essary to restrict the importation of [46 FR 38334, July 27, 1981, as amended at 47 certain articles from foreign countries FR 3085, Jan. 22, 1982] and localities. Accordingly, no person § 319.75–1 Definitions. shall import any restricted article un- less in conformity with all of the appli- Terms used in the singular form in cable restrictions in this subpart. this subpart shall be construed as the (b) Any article refused importation plural, and vice-versa, as the case may for noncompliance with the require- demand. The following terms, when ments of this subpart shall be promptly used in this subpart, shall be con- removed from the United States or strued, respectively, to mean: Deputy Administrator. The Deputy Ad- abandoned by the importer, and pend- ministrator of the Animal and Plant ing such action shall be subject to the Health Inspection Service, U.S. Depart- immediate application of such safe- ment of Agriculture for Plant Protec- guards against escape of plant pests as tion and Quarantine, or any other offi- the inspector determines necessary to cer or employee of the Department to prevent the introduction into the whom authority to act in his/her stead United States of plant pests. If such ar- has been or many hereafter be dele- ticle is not promptly safeguarded, re- gated. moved from the United States, or aban- From. An article is considered to be doned for destruction by the importer, ‘‘from’’ any country or locality in it may be seized, destroyed, or other- which it originated or any country(ies) wise disposed of in accordance with or locality(ies) in which it was section 10 of the Plant Quarantine Act offloaded prior to arrival in the United (7 U.S.C. 164a) and sections 105 and 107 States. of the Federal Plant Pest Act (7 U.S.C. Import. (importation, imported). To 150dd, 150ff). import or move into the United States. (c) A restricted article may be im- Inspector. Any employee of Plant Pro- ported without complying with other tection and Quarantine, Animal and restrictions under this subpart if: Plant Health Inspection Service, U.S.
307
VerDate 09
Department of Agriculture, or other essed, manufactured, or other products person, authorized by the Deputy Ad- of plants. ministrator in accordance with law to Plant Protection and Quarantine. The enforce the provisions of the regula- organizational unit within the Animal tions in this subpart. and Plant Health Inspection Service, Nursery stock. All field-grown florist’s U.S. Department of Agriculture, dele- stock, trees, shrubs, vines, cuttings, gated responsibility for enforcing pro- grafts, scions, buds, fruit pits, and visions of the Plant Quarantine Act, other seeds of fruit and ornamental the Federal Plant Pest Act, and related trees or shrubs, and other plants and legislation, and regulations promul- plant products for propagation, except gated thereunder. field, vegetable and flower seeds, bed- Secretary. The Secretary of Agri- ding plants, and other herbaceous culture, or any other officer or em- plants, bulbs, and roots. ployee of the Department of Agri- Person. Any individual, corporation, culture to whom authority to act in company, society, association or other his/her stead has been or may hereafter organized group. be delegated. Phytosanitary certificate of inspection. United States. The States, District of A document relating to a restricted ar- Columbia, American Samoa, Guam, ticle, which is issued by a plant protec- Northern Mariana Islands, Puerto tion official of the country in which Rico, and the Virgin Islands of the the restricted article was grown, which United States. is issued not more than 15 days prior to [46 FR 38334, July 27, 1981, as amended at 47 shipment of the restricted article from FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, the country in which grown, which is 1984; 50 FR 8704, 8706, Mar. 5, 1985] addressed to the plant protection serv- 1 ice of the United States (Plant Protec- § 319.75–2 Restricted articles. tion and Quarantine), which contains a (a) The following articles from the description of the restricted article in- specified localities or countries are re- tended to be imported into the United stricted articles: States, which certifies that the article (1) Seeds of the plant family has been thoroughly inspected, is be- Cucurbitaceae2 if in shipments greater lieved to be free from injurious plant than two ounces, if not for propaga- diseases, injurious insect pests, and tion, and if from a country listed in other plant pests, and is otherwise be- paragraph (b) of this section; lieved to be eligible for importation (2) Brassware and wooden screens pursuant to the current phytosanitary from Bombay, India; laws and regulations of the United (3) Goatskins, lambskins, and sheep- States. skins (excluding goatskins, lambskins, Plant gum. Any of numerous colloidal and sheepskins which are fully tanned, polysaccharide substances of plant ori- blue-chromed, pickled in mineral acid, gin that are gelatinous when moist but harden on drying. Plant gums include 1 The importation of restricted articles but are not limited to acacia gum, guar may be subject to prohibitions or restric- gum, gum arabic, locust gum and tions under other provisions of 7 CFR part tragacanth gum. 319. For example, fresh whole chilies Plant pest. The egg, pupal, and larval (Capsicum spp.) and fresh whole red peppers (Capsicum spp.) from Pakistan are prohibited stages as well as any other living stage from being imported into the United States of any insects, mites, nematodes, slugs, under the provisions of 7 CFR 319.56 et seq. snails, protozoa, or other invertebrate 2 Seeds of the plant family Cucurbitaceae animals, bacteria, fungi, other para- include but are not limited to: Benincasa sitic plants or reproductive parts hispida (wax gourd), Citrullus Lanatus (wa- thereof, viruses, or any organisms termelon) Cucumis melon (muskmelon, can- similar to or allied with any of the taloup, honeydew), Cumumis sativius (cu- cumber), Cucurbita pepo (pumpkin, foregoing, or any infectious substances, squashes, vegetable marrow), Lagenaria which can directly or indirectly injure siceraria (calabash, gourd), Luffa cylindrica or cause disease or damage in any (dishcloth gourd), Mormoridica charantia plants or parts thereof, or any proc- (bitter melon), and Sechium edule (chayote).
308
VerDate 20
or salted and moist) from Sudan or (1) Name, address, and telephone India; number of the importer; (4) Plant gums shipped as bulk cargo (2) Approximate quantity and kinds (in an unpackaged state) if from a of articles intended to be imported; country listed in paragraph (b) of this (3) Country or locality of origin; section; (4) Country(ies) or locality(ies) where (5) Used jute or burlap bagging not it is intended to be off-loaded prior to containing cargo if from a country list- arrival in the United States; ed in paragraph (b) of this section;3 (5) Intended U.S. port of entry; (6) Used jute or burlap bagging from (6) Means of transportation; and a country listed in paragraph (b) of this (7) Expected date of arrival. section that contains cargo, and the (c) After receipt and review of the ap- cargo in such bagging;3 plication by Plant Protection and (7) Used jute or burlap bagging from Quarantine, a written permit indicat- a country listed in paragraph (b) of this ing the applicable conditions in this section that is used as a packing mate- subpart for importation under this sub- rial (such as filler, wrapping, ties, lin- part shall be issued for the importation ing, matting, moisture retention mate- of articles specified in the application rial, or protection material), and the if such articles described in the appli- cargo for which the used jute or burlap cation appear to be eligible to be im- bagging is used as a packing material;3 ported. Even though a written permit and has been issued for the importation of (8) Whole chilies (Capsicum spp.), an article, such article may be moved whole red peppers (Capsimcum spp.), into the United States from the port of and cumin seeds (Cuminum cyminum) in entry only if all applicable require- new jute or burlap bags from Pakistan. ments of this subpart are met and only (b) Afghanistan, Algeria, Bangladesh, if an inspector at the port of entry de- Burma, Cyprus, Egypt, India, Iran, termines that no emergency measures Iraq, Israel, Libya, Mali, Mauritania, pursuant to section 105 of the Federal Morocco, Niger, Nigeria, Pakistan, Plant Pest Act (7 U.S.C. 150dd) are nec- 5 Saudi Arabia, Senegal, Sri Lanka, essary with respect to such article. (d) Any permit which has been issued Sudan, Syria, Tunisia, Turkey, and may be withdrawn by an inspector or Upper Volta. the Deputy Administrator if he/she de- [50 FR 8706, Mar. 5, 1985] termines that the holder thereof has § 319.75–3 Permits. 20737–1236, or local offices which are listed in (a) A restricted article may be im- telephone directories. ported only after issuance of a written 5 Section 105 of the Federal Plant Pest Act permit by Plant Protection and Quar- (7 U.S.C. 150dd) provides, among other antine. things, that the Secretary of Agriculture (b) An application for a written per- may, whenever he deems it necessary as an emergency measure in order to prevent the mit should be submitted to the Animal dissemination of any plant pest new to or and Plant Health Inspection Service, not theretofore known to be widely preva- Plant Protection and Quarantine, Port lent or distributed within and throughout Operations, Permit Unit, 4700 River the United States, seize, quarantine, treat, Road Unit 136, Riverdale, Maryland apply other remedial measures to, destroy, 20737–1236, at least 60 days prior to ar- dispose of, in such manner as he deems ap- rival of the article at the port of entry. propriate, subject to provisions in section 105 The completed application shall in- (b) and (c) of the Act (7 U.S.C. 150dd (b) and (c)), any product or article, including any ar- 4 clude the following information: ticle subject to this subpart, which is moving into or through the United States, and which 3 Such bagging may be subject to addi- he has reason to believe was infested or in- tional restrictions under the provisions in 7 fected by or contains any plant pest at the CFR 319.8 et seq. time of such movement. Sections 105 and 107 4 Application forms are available without of the Federal Plant Pest Act (7 U.S.C. 150dd, charge from the Animal and Plant Health In- 150ff) also authorize emergency measures spection Service, Plant Protection and Quar- against restricted articles which are not in antine, Port Operations, Permit Unit, 4700 compliance with the provisions of this sub- River Road Unit 136, Riverdale, Maryland part.
309
VerDate 20
not complied with any condition for (20 g (oz) minimum gas concentration at 2–4 the use of the document. The reasons hrs.). for the withdrawal shall be confirmed (15 g (oz) minimum gas concentration at 12 hrs.). in writing as promptly as cir- cumstances permit. Any person whose (ii) 56 g/m3 (31⁄2 lb/1000 ft3) for 12 hrs. at permit has been withdrawn may appeal 26.5°–31.5 ° C (80°–89°F). the decision in writing to the Deputy (30 g (oz) minimum gas concentration at 2–4 Administrator within ten (10) days hrs.). after receiving the written notification (20 g (oz) minimum gas concentration at 12 of the withdrawal. The appeal shall hrs.). state all of the facts and reasons upon (iii) 72 g/m3 (41⁄2 lb/1000 ft3) for 12 hrs. at which the person relies to show that 21°–26° C (70°–79° F). the permit was wrongfully withdrawn. The Deputy Administrator shall grant (40 g (oz) minimum gas concentration at 2–4 or deny the appeal, in writing, stating hrs.). the reasons for the decision as prompt- (25 g (oz) minimum gas concentration at 12 hrs.). ly as circumstances permit. If there is a conflict as to any material fact, a (iv) 96 g/m3 (6 lb/1000 ft3) for 12 hrs. at hearing shall be held to resolve such 15.5°–20.5° C (60°–69° F). conflict. (50 g (oz) minimum gas concentration at 2–4 (Approved by the Office of Management and hrs.). Budget under control number 0579–0049) (30 g (oz) minimum gas concentration at 12 hrs.).
(44 U.S.C. 35) (v) 120 g/m3 (71⁄2 lb/1000 ft3) for 12 hrs. at [46 FR 38334, July 27, 1981, as amended at 47 10°–15° C (50°–59° F). FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, (60 g (oz) minimum gas concentration at 2–4 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. hrs.). 5, 1985; 59 FR 67610, Dec. 30, 1994] (35 g (oz) minimum gas concentration at 12 hrs.). § 319.75–4 Treatments. 6 3 3 A restricted article prior to move- (vi) 144 g/m (9 lb/1000 ft ) for 12 hrs. at ° ° ° ° ment into the United States from the 4.5 –9.5 C (40 –49 F). port of entry shall be treated under the (70 g (oz) minimum gas concentration at 2–4 supervision of an inspector for possible hrs.). infestation with khapra beetle as set (40 g (oz) minimum gas concentration at 12 forth below: hrs.). (a) Brassware; wooden screens; goat- (2) Fumigation with methyl bromide skins; lambskins; sheepskins; plant in a chamber at normal atmospheric gums; seeds of the plant family pressure at one of the following sched- cucurbitaceae; jute or burlap bagging ules: that contains cargo, and the cargo in (i) 40 g/m3 (21⁄2 lb/1000 ft3) for 12 hrs. at such bagging (except for articles speci- 32° C (90° F) or above. fied in paragraphs (b) and (c) of this (ii) 56 g/m3 (31⁄2 lb/1000 ft3) for 12 hrs. at section); and jute or burlap bagging 26.5°–31.5 ° C (80°–89°F). that is used as a packing material, and (iii) 72 g/m3 (41⁄2 lb/1000 ft3) for 12 hrs. at the cargo for which the jute or burlap 21°–26° C (70°–79° F). bagging is used as a packing material (iv) 96 g/m3 (6 lb/1000 ft3) for 12 hrs. at (except for articles specified in para- 15.5°–20.5° C (60°–69° F). graphs (b) and (c) of this section). (v) 160 g/m3 (10 lb/1000 ft3) for 12 hrs. at (1) Fumigation with methyl bromide 10°–15° C (50°–59° F). under a tarpaulin at normal atmos- (vi) 192 g/m3 (12 lb/1000 ft3) for 12 hrs. at pheric pressure in accordance with one 4.5°–9.5° C (40°–49° F). of the following schedules: (3) Fumigation with methyl bromide (i) 40 g/m3 (21⁄2a lb/1000 ft3) for 12 hrs. at in a chamber at 660mm (26 inch) vacu- 32° C (90° F) or above. um at one of the following schedules: (i) 128 g/m3 (21⁄2 lb/1000 ft3) for 3 hrs. at 6 There is a possibility that some articles, 15.5° C (60°F) or above. especially live plants, could be damaged by (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at fumigation. 4.5°–15° C (40°–59° F).
310
VerDate 20
(iii) 160 g/m3 (10 lb/1000 ft3) for 3 hrs. at (30 g (oz) gas concentration in commodity at ¥1°–4° C (30°–39° F). 4–32 hrs.). (95 g (oz) gas concentration in space at 4–12 NOTE: Maximum volume of commodity hrs.). being treated under subsection (3) shall not (50 g (oz) gas concentration in space at 12–32 exceed 75% of total volume of chamber. hrs.). (b) Burlap bagging and jute bagging (2) Fumigation with methyl bromide not containing cargo; and flour or fine- in a chamber at normal atmospheric ly ground oily meals, and the jute or pressure at one of the following sched- burlap bagging used as a container or ules: packing material for such flour or (i) 64 g/m3 (4 lb/1000 ft3) for 24 hrs. at meals. 32° C (90° F) or above. (1) Fumigation with methyl bromide (ii) 96 g/m3 (6 lb/1000 ft3) for 24 hrs. at under a tarpaulin at normal atmos- 26.5°–31.5° C (80°–89°F). pheric pressure at one of the following (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at schedules: 21°–26° C (70°–79° F). (i) 64 g/m3 (4 lb/1000 ft3) for 24 hrs. at (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at 32° C (90° F) or above. 15.5°–20.5° C (60°–69° F). (10 g (oz) gas concentration in commodity at (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at 4–24 hrs.). 10°–15° C (50°–59° F). (35 g (oz) gas concentration in space at 4–12 (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at hrs.). 4.5°–9.5° C (40°–49° F). (25 g (oz) gas concentration in space at 12–24 (3) Fumigation with methyl bromide hrs.). in a chamber at 660 mm (26 inch) vacu- (ii) 96 g/m3 (6 lb/1000 ft3) for 24 hrs. at um at one of the following schedules: 26.5°–31.5 ° C (80°–89°F). (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at ° ° (15 g (oz) gas concentration in commodity at 15.5 C (60 F) or above. 3 3 4–24 hrs.). (ii) 144 g/m (9 lb/1000 ft ) for 3 hrs. at (50 g (oz) gas concentration in space at 4–12 4.5–15° C (40°–59° F). hrs.). NOTE: Maximum volume of commodity (30 g (oz) gas concentration in space at 12–24 being treated under subsection (3) shall not hrs.). exceed 75% of the total volume of chamber. (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at ° ° ° ° (c) Baled cotton lint, cotton linters, 21 –26 C (70 –79 F). cotton waste, and cotton piece goods; (20 g (oz) gas concentration in commodity at and the jute or burlap bagging used as 4–24 hrs.). a container or packing material for (65 g (oz) gas concentration in space at 4–12 such baled cotton lint, cotton linters, hrs.). cotton waste, or cotton piece goods. (35 g (oz) gas concentration in space at 12–24 (1) Fumigation with methyl bromide hrs.). under a tarpaulin or in a chamber at (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at normal atmospheric pressure at one of 15.5°–20.5° C (60°–69° F). the following schedules: (30 g (oz) gas concentration in commodity at (i) 128 g/m3 (8 lb/1000 ft3) for 24 hours 4–24 hrs.). at 15.5° C 60° F or above (95 g (oz) gas concentration in space at 4–12 (25 g (oz.) concentration in commodity hrs.). (50 g (oz) gas concentration in space at 12–24 4–24 hrs.) hrs.). (65 g (oz.) concentration in space 4–12 hrs.) (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at (35 g (oz.) concentration in space 12–24 10°–15° C (50°–59° F). hrs.) (30 g (oz) gas concentration in commodity at (ii) 176 g/m3 (11 lb/1000 ft3) for 24 hrs. at 4–28 hrs.). 4.5°–15° C (40°–59° F) (95 g (oz) gas concentration in space at 4–12 (30 g (oz.) concentration in commodity hrs.). 4–24 hrs.) (50 g (oz) gas concentration in space at 12–28 (95 g (oz.) concentration in space 4–24 hrs.). hrs.) (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at (50 g (oz.) concentration in space 12–24 4.5°–9.5° C (40°–49° F). hrs.)
311
VerDate 20
NOTE: Maximum volume of commodity (44 U.S.C. 35) being treated under subsection (1) shall not exceed 50% of the total volume of chamber. [46 FR 38334, July 27, 1981, as amended at 48 Concentration readings may be omitted for FR 57466, Dec. 30, 1983] chamber fumigations. § 319.75–7 Costs and charges. (2) Fumigation with methyl bromide in a chamber at 660mm (26 inch) vacum The services of the inspector during at one of the following schedules: regularly assigned hours of duty and at the usual places of duty shall be fur- (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at nished without cost to the importer.3 15.5° C (60° F) or above. The importer shall be responsible for (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at arrangements for treatments required 4.5°–15° C (40°–59° F). under § 319.75–4. Any treatment re- NOTE: Maximum volume of commodity quired under § 319.75–4 for a restricted being treated under subsection (2) shall not article shall be performed at the port exceed 75% of the total volume of chamber. of entry by a nongovernmental fumiga- tor at the importer’s expense, and shall [46 FR 38334, July 27, 1981, as amended at 49 be performed under the supervision of FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985] an inspector. Plant Protection and Quarantine will not be responsible for § 319.75–5 Marking and identity. any costs or charges, other than those (a) Any restricted article at the time indicated in this section. of importation shall plainly and cor- rectly bear on the outer container (if in [46 FR 38334, July 27, 1981] a container) or on the restricted article (if not in a container) the following in- § 319.75–8 Ports of entry. formation: Any restricted article shall be im- (1) General nature and quantity of ported only at a port of entry listed in the contents, § 319.37–14 of this part and found by the (2) Country or locality of origin, Deputy Administrator and specified on (3) Name and address of shipper, the permit issued pursuant to § 319.75–3 owner, or person shipping or forward- to have a nongovernmental fumigator ing the article, available at the port to treat such re- (4) Name and address of consignee, stricted article pursuant to § 319.75–4. It (5) Identifying shipper’s mark and is the responsibility of the importer to number, and arrange with the nongovernmental fu- (b) Any restricted article shall be ac- migator for treatment of the article. companied at the time of importation [46 FR 38334, July 27, 1981] by an invoice or packing list indicating the contents of the shipment. § 319.75–9 Inspection and (Approved by the Office of Management and phytosanitary certificate of inspec- Budget under control number 0579–0049) tion. (a) Any nursery stock, plant, fruit, (44 U.S.C. 35) vegetable, root, bulb, or other plant [46 FR 38334, July 27, 1981, as amended at 47 product designated as a restricted arti- FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, cle and grown in a country maintain- 1983] ing an official system of inspection for the purpose of determining whether § 319.75–6 Arrival notification. such article is free from injurious plant Promptly upon arrival of any re- diseases, injurious insect pests, and stricted article at a port of entry, the other plant pests shall be accompanied importer shall notify Plant Protection by a phytosanitary certificate of in- and Quarantine of the arrival by such spection from the plant protection means as a manifest, Customs entry service of such country at the time of document, commercial invoice, way- importation or offer for importation bill, a broker’s document, or a notice form provided for that purpose. 3 Provisions relating to costs for other (Approved by the Office of Management and services of an inspector are contained in 7 Budget under control number 0579–0049) CFR part 354.
312
VerDate 20
into the United States. Such certifi- the inspector determines necessary to cate may cover more than one article prevent the introduction into the and more than one container kept to- United States of plant pests. If such ar- gether during shipment and offer for ticle is not promptly safeguarded, re- importation. moved from the United States, or aban- (b) Any nursery stock, plant, fruit, doned for destruction by the importer, vegetable, root, bulb, seed, or other it may be seized, destroyed, or other- plant product designated as a re- wise disposed of in accordance with stricted article which is accompanied sections 105 and 107 of the Federal by a valid phytosanitary certificate of Plant Pest Act (7 U.S.C. 150dd, 150ff). inspection is subject to inspection by (c) A restricted article may be im- an inspector at the time of importation ported without complying with other into the United States for the purpose provisions under this subpart if: of determining whether such article is free of injurious plant diseases, injuri- (1) Imported by the U.S. Department ous insect pests, and other plant pests, of Agruculture for experimental or sci- and whether such article is otherwise entific purposes; eligible to be imported into the United (2) Imported at the Plant Germplasm States. Quarantine Center, Building 320, Belts- (c) Any nursery stock, plant, fruit, ville Agricultural Research Center vegetable, root, bulb, seed, or other East, Beltsville MD 20705, or at a port plant product designated as a re- of entry designated by an asterisk in stricted article and grown in a country § 319.37–14(b); not maintaining an official system of (3) Imported pursuant to a depart- inspection for the purpose of determin- mental permit issued for such article ing whether such article is free from and kept on file at the port of entry; injurious plant diseases, or injurious (4) Imported under conditions speci- insect pests, and other plant pests shall fied on the departmental permit and be inspected by an inspector at the found by the Deputy Administrator to time of importation into the United be adequate to prevent the introduc- States for the purpose of determining tion into the United States of plant whether such article is free of such dis- pests, i.e., conditions of treatment, eases and pests and whether such arti- processing, shipment, disposal; and cle is otherwise eligible to be imported into the United States. (5) Imported with a departmental tag or label securely attached to the out- [50 FR 8707, Mar. 5, 1985] side of the container or securely at- tached to the article itself if not in a Subpart—Exotic Bee Diseases and container, and with such tag or label Parasites bearing the name of the person to whom the permit is issued. SOURCE: 50 FR 24172, June 10, 1985, unless (Approved by the Office of Management and otherwise noted. Budget under control number 0579–0072)
§ 319.76 Restrictions on importation of [50 FR 24172, June 10, 1985, as amended at 59 restricted articles; disposal of arti- cles refused importation. FR 67133, Dec. 29, 1994] (a) No person may import any re- § 319.76–1 Definitions. stricted article unless in conformity Terms used in the singular form in with all of the restrictions in this sub- part. this subpart shall be construed as the (b) Any article refused importation plural, and vice versa, as the case may for noncompliance with the require- demand. The following terms, when ments of this subpart shall be promptly used in this subpart, shall be construed removed from the United States or respectively, to mean: abandoned by the importer, and pend- Bee. Any member of the superfamily ing such action shall be subject to the Apoidea. immediate application of such safe- Deputy Administrator. The Deputy Ad- guards against escape of plant pests as ministrator of the Animal and Plant
313
VerDate 20
Health Inspector Service for Plant Pro- Northern Mariana Islands, Puerto tection and Quarantine, U.S. Depart- Rico, and the Virgin Islands of the ment of Agriculture, or any other offi- United States. cer or employee of the Department to whom authority to act in his or her § 319.76–2 Restricted articles. stead has been or may hereafter be del- The following articles from any coun- egated. try or locality other than Canada are Exotic bee diseases. Bee diseases of for- restricted articles: eign origin, including but not limited (a) Live bees, other than honeybees to Aspergillus spp., Bacillus spp., Ento- of the genus Apis, in any life stage;1 mophthora spp., Beauveria spp., (b) Dead bees of any genus; Cordyceps spp., and Saccharomyces spp. (c) Used bee boards, hives, nests, and Exotic bee parasites. Bee parasites of nesting material; foreign origin, including but not lim- (d) Used beekeeping equipment, e.g. ited to Coelioxys spp. and Chrysis spp., smokers, hive tools, gloves or other Varroa jacobsoni, Euvarroa sinhai, clothing, and shipping containers; Tropilaelaps clareae, and Acarapis woodi. (e) Beeswax, unless it has been lique- Import (importation, imported). To im- fied; port or move into the United States. (f) Pollen for bee feed; and Inspector. Any employee of Plant Pro- (g) Honey for bee feed. tection and Quarantine, Animal and [50 FR 24172, June 10, 1985, as amended at 60 Plant Health Inspection Service, U.S. FR 6000, Feb. 1, 1995] Department of Agriculture, or other person authorized by the Deputy Ad- § 319.76–3 Permits. ministrator in accordance with law to (a) A restricted article may be im- enforce the provisions of this subpart. ported only after issuance of a written Person. Any individual, corporation, permit by Plant Protection and Quar- company, society, association, or any antine. other organized group. (b) An application for a written per- Plant pest. The egg, pupal, and larval mit must be submitted to the Animal stages as well as any other living stage and Plant Health Inspection Service, of any insects, mites, nematodes, slugs, Plant Protection and Quarantine, Bio- snails, protozoa, or other invertebrate logical Assessments and Taxonomic animals, bacteria, fungi, or other para- Support, 4700 River Road Unit 133, Riv- sitic plants or reproductive parts erdale, Maryland 20737–1236, and should thereof, viruses, or any organisms be submitted at least 30 days prior to similar to or allied with any of the arrival of the article at the U.S. port of foregoing, or any infectious substances, entry. The completed application does which can directly or indirectly injure not have to be on any particular form or cause disease or damage in any but must indicate that it is an applica- plants or parts thereof, or any proc- tion for a written permit, and include essed, manufactured, or other products the following information: of plants. (1) Name, address, and telephone Plant Protection and Quarantine. The number of the importer; organizational unit within the Animal (2) Approximate quantity and kinds and Plant Health Inspection Service, of articles intended to be imported; U.S. Department of Agriculture, dele- (3) Country or locality of origin; gated responsibility for enforcing pro- (4) Intended United States port of visions of the Federal Plant Pest Act entry; and related legislation and regulations (5) Means of transportation; and promulgated thereunder. (6) Expected date of arrival. Secretary. The Secretary of Agri- (c) After receipt and review of the ap- culture, or any other officer or em- plication by Plant Protection and ployee of the Department of Agri- Quarantine, a written permit indicat- culture to whom authority to act in his ing the applicable conditions in this or her stead has been or may hereafter be delegated. 1 Regulations regarding the importation of United States. The States, District of live honeybees of the genus Apis are set forth Columbia, American Samoa, Guam, in 7 CFR part 322.
314
VerDate 20
subpart for importation shall be issued as to any material fact, a hearing shall for the importation of the articles be held to resolve the conflict. specified in the application if such arti- (Approved by the Office of Management and cles appear to be eligible to be im- Budget under control number 0579–0072) ported. Even though a written permit has been issued for the importation of [50 FR 24172, June 10, 1985, as amended at 59 an article, it may be moved into the FR 67610, Dec. 30, 1994] United States from the port of entry only if all requirements of this subpart § 319.76–4 Inspections and treatments. are met and only if an inspector at the (a) Live bees, other than honeybees port of entry does not determine that of the genus Apis, in any life stage emergency measures pursuant to sec- shall be microscopically inspected by tion 105 of the Federal Plant Pest Act an inspector for exotic bee diseases and 7 U.S.C. 150dd) are necessary with re- parasites, and any bee disease or para- spect to such article.2 site found will be physically removed (d) Any permit which has been issued by an inspector or destroyed by an in- may be withdrawn by an inspector or spector by treatment with a pesticide the Deputy Administrator if he or she registered by the Environmental Pro- determines that the permit holder has tection Agency under the Federal In- not complied with any condition for secticide, Fungicide, and Rodenticide the use of the permit. The reasons for Act, as amended (7 U.S.C. 135 et seq.), the withdrawal shall be confirmed in for use on bees and used in accordance writing as promptly as circumstances with directions on the label in connec- allow. Any person whose permit has tion with the registration under the been withdrawn may appeal the deci- provisions of the Federal Insecticide, sion in writing to the Deputy Adminis- Fungicide, and Rodenticide Act, as trator within 20 days after receiving amended. The inspection may include the written notification of the with- dissection of a statistically designed drawal. The appeal must state all of representative sample of the bees, if the facts and reasons upon which the deemed necessary by the inspector for person relies to show that the permit determinations concerning the absence was wrongfully withdrawn. The Deputy or presence of bee diseases or parasites. Administrator shall grant or deny the If the inspector determines that a dis- appeal in writing, stating the reasons ease or parasite cannot be removed or for the decision, as promptly as cir- otherwise destroyed, the bees shall be cumstances allow. If there is a conflict killed by immersion in a solution con- taining at least 70% alcohol. (b) Any dead bees for research at the 2 Section 105 of the Federal Plant Pest Act time of importation must be in a solu- (7 U.S.C. 150dd) provides, among other things, that the Secretary of Agriculture tion containing at least 70% alcohol, or may, whenever he or she deems it necessary must be in a dry, sealed container. If in as an emergency measure in order to prevent a dry, sealed container, the dead bees the dissemination of any plant pest new to shall be kept in the container under or not theretofore known to be widely preva- the control of an inspector at the port lent or distributed within and throughout of entry for 7 days. the United States, seize, quarantine, treat, (c) Any restricted article not covered apply other remedial measures to, destroy, by paragraph (a) or (b) of this section, or dispose of, in such manner as he or she deems appropriate, subject to provisions in prior to movement into the United section 105 (b) and (c) of the Act (7 U.S.C. States from the port of entry, shall be 150dd (b) and (c)), any product or article, in- treated under the supervision of an in- cluding any article subject to this subpart, spector as follows: which is moving into or through the United (1) Dead bees; used bee boards, hives, States, and which he or she has reason to be- nests, or nesting material; used bee- lieve was infested or infected by or contains keeping equipment; and pollen for bee any plant pest at the time of such move- feed shall be treated in an airtight ment. Sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff) also au- chamber with 450 mg of ethylene oxide thorize emergency measures against articles per liter of chamber space at a tem- which are not in compliance with the provi- perature of at least 100° F (37.78° C) for sions of this subpart. 8 hours.
315
VerDate 20
(2) Beeswax that has not been lique- document, commercial invoice, way- fied shall be melted. bill, a broker’s document, or a notice (3) Honey for bee feed shall be heated form provided for that purpose. to 212° F (100° C) for 30 minutes. (Approved by the Office of Management and Budget under control number 0579–0049) § 319.76–5 Marking and shipping. (a) Any restricted article for impor- § 319.76–7 Costs and charges. tation by means other than mail shall at the time of importation bear on the The services of the inspector during outer container (if in a container) or on regularly assigned hours of duty and at the article (if not in a container) the the usual places of duty shall be fur- following information: nished without cost to the importer.3 (1) General nature and quantity of The importer shall be responsible for the contents, arrangements for treatments required (2) Country or locality of origin, under § 319.76–4. Any treatment re- (3) Name and address of shipper, quired under § 319.76–4 for a restricted owner, or person shipping or forward- article, other than for treatments of ing the article, live bees in any life stage or for holding (4) Name and address of consignee, dead bees in dry, sealed containers, and shall be performed at the port of entry (5) Identifying shipper’s mark and by a nonfederal establishment at the number. importer’s expense, and shall be per- (b) Any restriction article for impor- formed under the direction of an in- tation by mail must be addressed and spector. Plant Protection and Quar- mailed to Plant Protection and Quar- antine will not be responsible for any antine at a port of entry designated by costs or charges, other than those indi- an asterisk in § 319.37–14(b) of this part; cated in this section. must be accompanied by a separate § 319.76–8 Ports of entry. sheet of paper within the package bear- ing the name, address, and telephone (a) Any restricted article, other than number of the intended recipient; and bees in any life stage, imported by must bear on the outer container the means other than mail may be im- following information: ported only at a port of entry listed in (1) General nature and quantity of § 319.37–14(b) of this part. the contents, (b) Any restricted article, other than (2) Country or locality of origin, and bees in any life stage, imported by mail (3) Name and address of shipper, may be imported only at a port of owner, or person shipping or forward- entry designated by an asterisk in ing the article. § 319.37–14(b) of this part. (c) Any restricted article must be ac- (c) Live bees in any life stage, other companied at the time of importation than honeybees of the genus Apis, may by an invoice or packing list indicating be imported at the Bee Biology and the contents of the shipment. Systematics Laboratory, USDA, ARS, (d) Live bees in any life stage, other 261 NRB–UMC 53, Utah State Univer- than honeybees of the genus Apis, may sity, Logan, Utah 84322; or at the Plant be imported only in loose cells within Germplasm Quarantine Center, Build- noncrushable (hard plastic, wood, or ing 320, Beltsville Agricultural Re- metal), insect-proof containers. search Center East, Beltsville, MD 20705. (Approved by the Office of Management and Budget under control number 0579–0072) PART 320—MEXICAN BORDER REGULATIONS § 319.76–6 Arrival notification. Promptly upon arrival of any re- Sec. stricted article at a port of entry, ex- 320.1 Administration. cept for mail shipments, the importer must notify Plant Protection and 3 Provisions relating to costs for other Quarantine of the arrival by such services of an inspector are contained in 7 means as a manifest, customs entry CFR part 354.
316
VerDate 20