Animal and Plant Health Inspection Service, USDA § 319.56–28

(ii) Beginning in Guayaquil, the road ‘‘Not for distribution in HI, PR, VI, or south through E1 26, Puerto Inca, Guam.’’ Naranjal, and Camilo Ponce to (Approved by the Office of Management and Enriquez; Budget under control number 0579–0236) (iii) Beginning in Guayaquil, the road east through Palestina to Vinces; § 319.56–27 Apples from Japan and the (iv) Beginning in Guayaquil, the road Republic of Korea. west through Piedrahita (Novol) to Any variety of Malus domestica apples Pedro Carbo; or may be imported into the United (v) Beginning in Guayaquil, the road States from Japan, and Fuji variety west through Progreso, Engunga, apples may be imported into the Tugaduaja, and Zapotal to El Azucar. United States from the Republic of (4) The cantaloupe or watermelon Korea, only in accordance with this may not be moved into Alabama, section and all other applicable provi- American Samoa, Arizona, California, sions of this subpart. Florida, Georgia, Guam, Hawaii, Lou- (a) Treatment and fumigation. The ap- isiana, Mississippi, New Mexico, Puerto ples must be cold treated and then fu- Rico, South Carolina, Texas, and the migated, under the supervision of an U.S. Virgin Islands. The boxes in which APHIS inspector, either in Japan or the cantaloupe or watermelon is the Republic of Korea, for the peach packed must be stamped with the name fruit moth (Carposina niponensis), the of the commodity followed by the yellow peach moth (Conogethes words ‘‘Not to be distributed in the fol- punctiferalis), and the fruit tree spider lowing States or territories: AL, AS, mite (Tetranychus viennensis), in ac- cordance with part 305 of this chapter. AZ, CA, FL, GA, GU, HI, LA, MS, NM, (b) The apples must PR, SC, TX, VI’’. APHIS inspection. be inspected upon completion of the (b) Cantaloupe, netted melon, vegetable treatments required by paragraph (a) melon, winter melon, and watermelon of this section, prior to export from from Peru. Cantaloupe, netted melon, Japan or the Republic of Korea, by an vegetable melon, and winter melon APHIS inspector and an inspector from (Cucumis melo L. subsp. melo) and wa- the national plant protection organiza- termelon may be imported into the tion of Japan or the Republic of Korea. United States from Peru only in ac- The apples shall be subject to further cordance with this paragraph and all disinfection in the exporting country if other applicable requirements of this plant pests are found prior to export. subpart: Imported apples inspected in Japan or (1) The fruit may be imported in com- the Republic of Korea are also subject mercial consignments only. to inspection and disinfection at the (2) The fruit must have been grown in port of first arrival, as provided in an area of Peru considered by APHIS § 319.56–3. to be free of the South American (c) Trust fund agreements. The na- cucurbit fly, must be accompanied by a tional plant protection organization of phytosanitary certificate declaring its the exporting country must enter into origin in such an area, and must be a trust fund agreement with APHIS in safeguarded and labeled, each in ac- accordance with § 319.56–6 before APHIS cordance with § 319.56–5 of this subpart. will provide the services necessary for (3) The phytosanitary certificate re- apples to be imported into the United quired under § 319.56–5 must also in- States from Japan or the Republic of clude a declaration by the NPPO of Korea. Peru indicating that, upon inspection, [72 FR 39501, July 18, 2007, as amended at 75 the fruit was found free of the gray FR 65214, Oct. 22, 2010] pineapple mealybug (Dysmicoccus neobrevipes). § 319.56–28 Tomatoes from certain (4) All consignments of fruit must be countries. labeled in accordance with § 319.56(5(e) (a) Tomatoes (fruit) (Solanum of this subpart, and the boxes in which lycopersicum) from Spain. Pink or red the fruit is packed must be labeled tomatoes may be imported into the

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United States from Spain only in ac- the records available to APHIS upon cordance with this section and all request; other applicable provisions of this sub- (6) The tomatoes must be packed part. 5 within 24 hours of harvest. They must (1) The tomatoes must be grown in be safeguarded from harvest to export the Almeria Province, the Murcia by insect-proof mesh screens or plastic Province, or the municipalities of tarpaulins, including while in transit Albun˜ ol and Carchuna in the Granada to the packinghouse and while await- Province of Spain in greenhouses reg- ing packaging. They must be packed in istered with, and inspected by, the insect-proof cartons or containers, or Spanish Ministry of Agriculture, Fish- covered by insect-proof mesh or plastic eries, and Food (MAFF); tarpaulins for transit to the airport (2) The tomatoes may be shipped only and subsequent export to the United from December 1 through April 30, in- States. These safeguards must be in- clusive; tact upon arrival in the United States; (3) Two months prior to shipping, and and continuing through April 30, MAFF (7) MAFF is responsible for export must set and maintain Mediterranean certification inspection and issuance of fruit fly (Medfly) traps baited with phytosanitary certificates. Each con- trimedlure inside the greenhouses at a signment of tomatoes must be accom- rate of four traps per hectare. In all panied by a phytosanitary certificate areas outside the greenhouses and issued by MAFF and bearing the dec- within 8 kilometers, including urban laration, ‘‘These tomatoes were grown and residential areas, MAFF must in registered greenhouses in Almeria place Medfly traps at a rate of four Province, the Murcia Province, or the traps per square kilometer. All traps municipalities of Albun˜ ol and must be checked every 7 days; Carchuna in the Granada Province in (4) Capture of a single Medfly in a Spain.’’ registered greenhouse will immediately (b) Tomatoes (fruit) (Solanum result in cancellation of exports from lycopersicum) from France. Pink or red that greenhouse until the source of in- tomatoes may be imported into the festation is determined, the Medfly in- United States from France only in ac- festation is eradicated, and measures cordance with this section and other are taken to preclude any future infes- applicable provisions of this subpart. 6 tation. Capture of a single Medfly with- (1) The tomatoes must be grown in in 2 kilometers of a registered green- the Brittany Region of France in house will necessitate increasing trap greenhouses registered with, and in- density in order to determine whether spected by, the Service de la Protec- there is a reproducing population in tion Vegetaux (SRPV); the area. Capture of two Medflies with- (2) From June 1 through September in 2 kilometers of a registered green- 30, SRPV must set and maintain one house and within a 1-month time pe- Medfly trap baited with trimedlure in- riod will result in cancellation of ex- side and one outside each greenhouse ports from all registered greenhouses and must check the traps every 7 days; within 2 kilometers of the find until (3) Capture of a single Medfly inside the source of infestation is determined or outside a registered greenhouse will and the Medfly infestation is eradi- immediately result in cancellation of cated; exports from that greenhouse until the (5) MAFF must maintain records of source of the infestation is determined, trap placement, checking of traps, and the Medfly infestation is eradicated, any Medfly captures, and must make and measures are taken to preclude any future infestation; (4) SRPV must maintain records of 5 The surface area of a pink tomato is more trap placement, checking of traps, and than 30 percent but not more than 60 percent any Medfly captures, and must make pink and/or red. The surface area of a red to- mato is more than 60 percent pink and/or them available to APHIS upon request; red. Green tomatoes from Spain, France, Mo- rocco, and Western Sahara may be imported 6 See footnote 5 to paragraph (a) of this sec- in accordance with §§ 319.56–3 and 319.56–4. tion.

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(5) From June 1 through September kilometer. In Western Sahara, a single 30, the tomatoes must be packed within trap must be placed outside in the im- 24 hours of harvest. They must be safe- mediate proximity of each registered guarded by insect-proof mesh screen or greenhouse. All traps in Morocco and plastic tarpaulin while in transit to the Western Sahara must be checked every packinghouse and while awaiting pack- 7 days; ing. They must be packed in insect- (4) The NPPO of Morocco must main- proof cartons or containers, or covered tain records of trap placement, check- by insect-proof mesh screen or plastic ing of traps, and any Medfly captures, tarpaulin. These safeguards must be in- and make the records available to tact upon arrival in the United States; APHIS upon request. The trapping and records must be maintained for 1 year (6) SRPV is responsible for export for APHIS review; certification inspection and issuance of (5) Capture of a single Medfly in a phytosanitary certificates. Each con- registered greenhouse will immediately signment of tomatoes must be accom- result in cancellation of exports from panied by a phytosanitary certificate that greenhouse until the source of the issued by SRPV and bearing the dec- infestation is determined, the Medfly laration, ‘‘These tomatoes were grown infestation has been eradicated, and in registered greenhouses in the Brit- measures are taken to preclude any fu- tany Region of France.’’ ture infestation. Capture of a single (c) Tomatoes (fruit) (Solanum Medfly within 200 meters of a reg- lycopersicum) from the provinces of El istered greenhouse will necessitate in- Jadida or Safi in Morocco and the prov- creasing trap density in order to deter- ince of Dahkla in Western Sahara. Pink mine whether there is a reproducing tomatoes may be imported into the population in the area. Six additional United States from the provinces of El traps must be placed within a radius of Jadida or Safi in Morocco and the prov- 200 meters surrounding the trap where ince of Dahkla in Western Sahara only the Medfly was captured. Capture of in accordance with this section and two Medflies within 200 meters of a reg- other applicable provisions of this sub- istered greenhouse and within a 1- part.7 month time period will necessitate (1) The tomatoes must be grown in Malathion bait sprays in the area every the provinces of El Jadida or Safi in 7 to 10 days for 60 days to ensure eradi- Morocco or in the province of Dahkla cation; in Western Sahara in insect-proof (6) The tomatoes must be packed greenhouses registered with, and in- within 24 hours of harvest and must be spected by, the national plant protec- pink at the time of packing. They must tion organization (NPPO) of Morocco be safeguarded by an insect-proof mesh the national plant protection organiza- screen or plastic tarpaulin while in tion (NPPO) of Morocco ; transit to the packinghouse and while (2) The tomatoes may be shipped awaiting packing. They must be from Morocco and Western Sahara only packed in insect-proof cartons or con- between December 1 and April 30, in- tainers, or covered by insect-proof clusive; mesh or plastic tarpaulin for transit to (3) Beginning 2 months prior to the the airport and export to the United start of the shipping season and con- States. These safeguards must be in- tinuing through the end of the shipping tact upon arrival in the United States; season, the NPPO of Morocco must set and and maintain Mediterranean fruit fly (7) The national plant protection or- (Medfly) traps baited with trimedlure ganization of Morocco (NPPO) is re- inside the greenhouses at a rate of four sponsible for export certification in- traps per hectare. In Morocco, traps spection and issuance of phytosanitary must also be placed outside registered certificates. Each consignment of to- greenhouses within a 2-kilometer ra- matoes must be accompanied by a dius at a rate of four traps per square phytosanitary certificate issued by the NPPO of Morocco and bearing the dec- 7 See footnote 5 to paragraph (a) of this sec- laration, ‘‘These tomatoes were grown tion. in registered greenhouses in El Jadida

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or Safi Province, Morocco, and were jointly by SAG and APHIS. SAG will pink at the time of packing’’ or ‘‘These visit and inspect the production sites tomatoes were grown in registered monthly, starting 2 months before har- greenhouses in Dahkla Province, West- vest and continuing until the end of ern Sahara and were pink at the time the shipping season. APHIS may mon- of packing.’’ itor the production sites at any time (d) Tomatoes from Chile. Tomatoes during this period. (fruit) (Solanum lycopersicum) from (ii) Tomato production sites must Chile, whether green or at any stage of consist of pest-exclusionary green- ripeness, may be imported into the houses, which must have double self- United States with treatment in ac- closing doors and have all other open- cordance with paragraph (d)(1) of this ings and vents covered with 1.6 mm (or section or if produced in accordance less) screening. with the systems approach described in (iii) The tomatoes must originate paragraph (d)(2) of this section. from an area that has been determined (1) With treatment. (i) The tomatoes by APHIS to be free of Medfly in ac- must be treated in Chile with methyl cordance with the procedures described bromide in accordance with part 305 of in § 319.56–5 or an area where Medfly this chapter. The treatment must be trapping occurs. Production sites in conducted in facilities registered with areas where Medfly is known to occur the Servicio Agricola y Ganadero must contain traps for both Medfly and (SAG) and with APHIS personnel moni- Rhagoletis tomatis in accordance with toring the treatments; paragraphs (d)(2)(iii) and (d)(2)(iv) of (ii) The tomatoes must be treated this section. Production sites in all and packed within 24 hours of harvest. other areas do not require trapping for Once treated, the tomatoes must be Medfly. The trapping protocol for the safeguarded by an insect-proof mesh detection of Medfly in infested areas is screen or plastic tarpaulin while in as follows: transit to the packinghouse and await- (A) McPhail traps with an approved ing packing. They must be packed in protein bait must be used within reg- insect-proof cartons or containers, or istered greenhouses. Traps must be insect-proof mesh or plastic tarpaulin placed inside greenhouses at a density under APHIS monitoring for transit to of 4 traps/10 ha, with a minimum of at the airport and subsequent export to least two traps per greenhouse. the United States. These safeguards (B) Medfly traps with trimedlure must be intact upon arrival in the must be placed inside a buffer area 500 United States; and meters wide around the registered pro- (iii) Tomatoes may be imported into duction site, at a density of 1 trap/10 ha the United States from Chile with and a minimum of 10 traps. These traps treatment in accordance with this must be checked at least every 7 days. paragraph (d)(1) only if SAG has en- At least one of these traps must be tered into a trust fund agreement with near a greenhouse. Traps must be set APHIS for that shipping season in ac- for at least 2 months before export and cordance with § 319.56–6. This agree- trapping and continue to the end of the ment requires SAG to pay in advance harvest season. all costs that APHIS estimates it will (C) Medfly prevalence levels in the incur in providing the preclearance surrounding areas must be 0.7 Medflies services prescribed in this section for per trap per week or lower. If levels ex- that shipping season. ceed this before harvest, the produc- (2) Systems approach. The tomatoes tion site will be prohibited from ship- may be imported without fumigation ping under the systems approach. If the for Tuta absoluta, Rhagoletis tomatis, levels exceed this after the 2 months and Mediterranean fruit fly (Medfly, prior to harvest, the production site Ceratitis capitata) if they meet the fol- would be prohibited from shipping lowing conditions: under the systems approach until (i) The tomatoes must be grown in APHIS and SAG agree that the pest approved production sites that are reg- risk has been mitigated. istered with SAG. Initial approval of (iv) Registered production sites must the production sites will be completed contain traps for Rhagoletis tomatis in

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accordance with the following provi- spections during the monthly visits sions: specifically for L. huidobrensis mines in (A) McPhail traps with an approved the leaves and for visible external protein bait must be used within reg- pupae or adults. If L. huidobrensis is istered greenhouses. Traps must be found to be generally infesting the pro- placed inside greenhouses at a density duction site, shipments from the pro- of 4 traps/10 ha, with a minimum of at duction site will be suspended until least two traps per greenhouse. Traps APHIS and SAG agree that risk miti- inside greenhouses will use the same gation is achieved. bait for Medfly and Rhagoletis tomatis (vii) All traps must be placed at least because the bait used for R. tomatis is 2 months prior to harvest and be main- sufficient for attracting both types of tained throughout the harvest season fruit fly within the confines of a green- and be monitored and serviced weekly. house; therefore, it is unnecessary to (viii) SAG must maintain records of repeat this trapping protocol in pro- trap placement, checking of traps, and duction sites in areas where Medfly is of any Rhagoletis tomatis or Tuta known to occur. absoluta captures for 1 year for APHIS (B) McPhail traps with an approved review. SAG must maintain an APHIS protein bait must be placed inside a 500 approved quality control program to meter buffer zone at a density of 1 trap/ monitor or audit the trapping program. 10 ha surrounding the production site. APHIS must be notified when a produc- At least one of the traps must be near tion site is removed from or added to a greenhouse. Traps must be set for at the program. least 2 months before export until the (ix) The tomatoes must be packed end of the harvest season and must be within 24 hours of harvest in a pest-ex- checked at least every 7 days. In areas clusionary packinghouse. The toma- where Medfly trapping is required, toes must be safeguarded by a pest- traps located outside of greenhouses proof screen or plastic tarpaulin while must contain different baits for Medfly in transit to the packinghouse and and Rhagoletis tomatis. There is only while awaiting packing. Tomatoes one approved bait for R. tomatis and the bait is not strong enough to lure Med- must be packed in insect-proof cartons fly when used outside greenhouses; or containers or covered with insect- therefore, separate traps must be used proof mesh or plastic tarpaulin for for each type of fruit fly present in the transit to the United States. These area surrounding the greenhouses. safeguards must remain intact until (C) If within 30 days of harvest a sin- arrival in the United States. gle Rhagoletis tomatis is captured inside (x) During the time the packinghouse the greenhouse or in a consignment or is in use for exporting fruit to the if two R. tomatis are captured or de- United States, the packinghouse may tected in the buffer zone, shipments only accept fruit from registered ap- from the production site will be sus- proved production sites. pended until APHIS and SAG deter- (xi) SAG is responsible for export cer- mine that risk mitigation is achieved. tification inspection and issuance of (v) Registered production sites must phytosanitary certificates. Each con- conduct regular inspections for Tuta signment of tomatoes must be accom- absoluta throughout the harvest season panied by a phytosanitary certificate and find these areas free of T. absoluta issued by SAG with an additional dec- evidence (e.g., eggs or larvae). If within laration, ‘‘These tomatoes were grown 30 days of harvest, two T. absoluta are in an approved production site in captured inside the greenhouse or a Chile.’’ The shipping box must be la- single T. absoluta is found inside the beled with the identity of the produc- fruit or in a consignment, shipments tion site. from the production site will be sus- (e) Tomatoes (fruit) (Solanum pended until APHIS and SAG deter- lycopersicum) from Australia. Tomatoes mine that risk mitigation is achieved. may be imported into the United (vi) SAG will ensure that populations States from Australia only in accord- of Liriomyza huidobrensis inside green- ance with this section and other appli- houses are well managed by doing in- cable provisions of this subpart.

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(1) The tomatoes must be grown in transit to the packinghouse or while greenhouses registered with, and in- awaiting packing. They must be placed spected by, the Australian Quarantine in insect-proof cartons or containers, Inspection Service (AQIS); or securely covered with insect-proof (2) Two months prior to shipping, mesh or plastic tarpaulin for transport AQIS must inspect the greenhouse to to the airport or other shipping point. establish its freedom from the fol- These safeguards must be intact upon lowing quarantine pests: Bactrocera arrival in the United States; and aquilonis, B. cucumis, B. jarvis, B. (7) Each consignment of tomatoes neohumeralis, B. tryoni, Ceratitis must be accompanied by a capitata, Chrysodeixis argentifera, C. phytosanitary certificate issued by erisoma, Helicoverpa armigera, H. AQIS stating ‘‘These tomatoes were punctigera, Lamprolonchaea brouniana, grown, packed, and shipped in accord- Sceliodes cordalis, and Spodoptera litura. ance with the requirements of § 319.56– AQIS must also set and maintain fruit 28(e) of 7 CFR.’’ fly traps inside the greenhouses and (f) Tomatoes (fruit) (Solanum around the perimeter of the green- lycopersicum) from certain countries in houses. Inside the greenhouses, the Central America. Pink or red tomatoes traps must be APHIS-approved fruit fly may be imported into the United traps, and they must be set at the rate States from Costa Rica, El Salvador, of six per hectare. In all areas outside Guatemala, Honduras, Nicaragua, and the greenhouse and within 8 kilometers Panama only under the following con- of the greenhouse, fruit fly traps must ditions: be placed on a 1-kilometer grid. All (1) From areas free of Mediterranean traps must be checked at least every 7 fruit fly: days; (i) The tomatoes must be grown and (3) Within a registered greenhouse, packed in an area that has been deter- capture of a single fruit fly or other mined by APHIS to be free of Medi- quarantine pest will result in imme- terranean fruit fly (Medfly) in accord- diate cancellation of exports from that ance with the procedures described in greenhouse until the source of the in- § 319.56–5. festation is determined, the infestation (ii) A pre-harvest inspection of the has been eradicated, and measures are production site must be conducted by taken to preclude any future infesta- the national plant protection organiza- tion; tion (NPPO) of the exporting country (4) Outside of a registered green- for pea leafminer, tomato fruit borer, house, if one fruit fly of the species and potato spindle tuber viroid. If any specified in paragraph (e)(2) of this sec- of these pests are found to be generally tion is captured, the trap density and infesting the production site, the frequency of trap inspection must be NPPO may not allow exports from that increased to detect a reproducing col- production site until the NPPO and ony. Capture of two Medflies or three APHIS have determined that risk miti- of the same species of Bactrocera within gation has been achieved. 2 kilometers of each other and within (iii) The tomatoes must be packed in 30 days will result in the cancellation insect-proof cartons or containers or of exports from all registered green- covered with insect-proof mesh or plas- houses within 2 kilometers of the finds tic tarpaulin at the packinghouse for until the source of the infestation is transit to the United States. These determined and the fruit fly infestation safeguards must remain intact until is eradicated; arrival in the United States. (5) AQIS must maintain records of (iv) The exporting country’s NPPO is trap placement, checking of traps, and responsible for export certification, in- any fruit fly captures, and must make spection, and issuance of phytosanitary the records available to APHIS upon certificates. Each consignment of to- request; matoes must be accompanied by a (6) The tomatoes must be packed phytosanitary certificate issued by the within 24 hours of harvest. They must NPPO and bearing the declaration, be safeguarded by an insect-proof mesh ‘‘These tomatoes were grown in an area screen or plastic tarpaulin while in recognized to be free of Medfly and the

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consignment has been inspected and NPPO can agree that the pest risk has found free of the pests listed in the re- been mitigated. quirements.’’ (E) The greenhouse must be inspected (2) From areas where Medfly is con- prior to harvest for pea leafminer, to- sidered to exist: mato fruit borer, and potato spindle (i) The tomatoes must be grown in tuber viroid. If any of these pests, or approved registered production sites. other quarantine pests, are found to be Initial approval of the production sites generally infesting the greenhouse, ex- will be completed jointly by the ex- ports from that production site will be porting country’s NPPO and APHIS. halted until the exporting country’s The exporting country’s NPPO must NPPO and APHIS determine that the visit and inspect the production sites pest risk has been mitigated. monthly starting 2 months before har- (iv) The exporting country’s NPPO vest and continuing through until the must maintain records of trap place- end of the shipping season. APHIS may ment, checking of traps, and any Med- monitor the production sites at any fly captures in addition to production time during this period. site and packinghouse inspection (ii) Tomato production sites must records. The exporting country’s NPPO consist of pest-exclusionary green- must maintain an APHIS-approved houses, which must have double self- quality control program to monitor or audit the trapping program. The trap- closing doors and have all other open- ping records must be maintained for ings and vents covered with 1.6 mm (or APHIS’s review. less) screening. (v) The tomatoes must be packed (iii) Registered sites must contain within 24 hours of harvest in a pest-ex- traps for the detection of Medfly both clusionary packinghouse. The toma- within and around the production site toes must be safeguarded by an insect- as follows: proof mesh screen or plastic tarpaulin (A) Traps with an approved protein while in transit to the packinghouse bait for Medfly must be placed inside and while awaiting packing. The toma- the greenhouses at a density of four toes must be packed in insect-proof traps per hectare, with a minimum of cartons or containers, or covered with two traps per greenhouse. Traps must insect-proof mesh or plastic tarpaulin, be serviced on a weekly basis. for transit into the United States. (B) If a single Medfly is detected in- These safeguards must remain intact side a registered production site or in a until arrival in the United States or consignment, the registered production the consignment will be denied entry site will lose its ability to export toma- into the United States. toes to the United States until APHIS (vi) During the time the packing- and the exporting country’s NPPO mu- house is in use for exporting tomatoes tually determine that risk mitigation to the United States, the packinghouse is achieved. may only accept tomatoes from reg- (C) Medfly traps with an approved istered approved production sites. lure must be placed inside a buffer area (vii) The exporting country’s NPPO 500 meters wide around the registered is responsible for export certification, production site, at a density of 1 trap inspection, and issuance of per 10 hectares and a minimum of 10 phytosanitary certificates. Each con- traps. These traps must be checked at signment of tomatoes must be accom- least every 7 days. At least one of these panied by a phytosanitary certificate traps must be near the greenhouse. issued by the NPPO and bearing the Traps must be set for at least 2 months declaration, ‘‘These tomatoes were before export and trapping must con- grown in an approved production site tinue to the end of the harvest. and the consignment has been in- (D) Capture of 0.7 or more Medflies spected and found free of the pests list- per trap per week will delay or suspend ed in the requirements.’’ The shipping the harvest, depending on whether har- box must be labeled with the identity vest has begun, for consignments of to- of the production site. matoes from that production site until (g) Tomatoes (fruit) (Solanum APHIS and the exporting country’s lycopersicum) from the Souss-Massa-Draa

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region of Morocco. Pink tomatoes may consignment that is traced back to a be imported into the United States registered pest-exclusionary structure, from the region of Souss-Massa-Draa in will immediately result in cancellation Morocco only in accordance with this of exports from that pest-exclusionary section and other applicable provisions structure until the source of the infes- of this subpart.8 tation is determined, the Medfly infes- (1) The tomatoes must be grown in tation has been eradicated, and meas- approved production sites within the ures are taken to preclude any future region of Souss-Massa-Draa in Morocco infestation. Exports will not be rein- in pest-exclusionary structures reg- stated until APHIS and the NPPO of istered with, and inspected by, the na- Morocco mutually determine that risk tional plant protection organization mitigation has been achieved. Capture (NPPO). Production sites will be ap- of a single Medfly within 200 meters of proved jointly by the NPPO of Morocco a registered pest-exclusionary struc- and APHIS. The NPPO of Morocco will ture will necessitate increasing trap visit and inspect the production sites density in order to determine whether starting 2 months before harvest and there is a reproducing population in continuing until the end of the ship- the area. Six additional traps must be ping season. APHIS may monitor the placed within a radius of 200 meters production sites at any time during surrounding the trap where the Medfly this period; was captured. Capture of two Medflies (2) The tomatoes may be shipped within 200 meters of a registered pest- from the Souss-Massa-Draa region of exclusionary structure and within a 1- Morocco only between December 1 and month time period will necessitate April 30, inclusive; Malathion bait sprays in the area every (3) Beginning 2 months prior to the 7 to 10 days for 60 days to ensure eradi- start of the shipping season and con- cation; tinuing through the end of the shipping (6) No Medfly host material is per- season, the NPPO of Morocco must set mitted within 50 meters of the entry and maintain Mediterranean fruit fly door of the pest-exclusionary structure (Medfly) traps baited with trimedlure, or the packinghouse; or other approved protein bait, inside (7) The tomatoes must be packed the pest-exclusionary structures at a within 24 hours of harvest and must be rate of 8 traps per hectare, with a min- pink at the time of packing. They must imum of 4 traps per pest-exclusionary be safeguarded by an insect-proof mesh structure. Traps must also be placed screen or plastic tarpaulin while in outside registered pest-exclusionary transit to the packinghouse and while structures within a 2-kilometer radius awaiting packing. They must be at a rate of 4 traps per square kilo- packed in insect-proof cartons or con- meter. All traps must be checked every tainers, or covered by insect-proof 7 days; mesh or plastic tarpaulin for transit to (4) The NPPO of Morocco must main- the airport or ship and export to the tain records of trap placement, trap United States. These safeguards must maintenance, and any Medfly captures, be intact upon arrival in the United and make the records available to States. Sea containers must be kept APHIS upon request. The NPPO of Mo- closed if stored within 20 meters of rocco must maintain an APHIS-ap- Medfly host materials prior to loading; proved quality control program to (8) During the time the packinghouse monitor or audit the trapping program. is in use for exporting fruit to the The trapping records must be main- United States, the packinghouse may tained for 1 year for APHIS review; only accept fruit from registered ap- (5) Capture of a single Medfly in a proved production sites; and registered pest-exclusionary structure (9) The national plant protection or- during the 2 months prior to export and ganization (NPPO) of Morocco is re- continuing through the duration of the sponsible for export certification in- harvest, or detection of a Medfly in a spection and issuance of phytosanitary certificates. Each consignment of to- 8 See footnote 5 to paragraph (a) of this matoes must be accompanied by a section. phytosanitary certificate issued by the

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NPPO of Morocco and bearing the dec- start of the shipping season and con- laration, ‘‘These tomatoes were grown tinuing through the end of the harvest, in registered pest-exclusionary struc- the NPPO of the exporting country tures in Souss-Massa-Draa Region, Mo- must set and maintain fruit fly traps rocco, and were pink at the time of with an APHIS-approved protein bait packing.’’ inside each PES at a rate of eight traps (h) Tomatoes (fruit) (Solanum per hectare, with a minimum of four lycopersicum) from member States of the traps in each PES, and check the traps Economic Community of West African every 7 days. The NPPO of the export- States. Fresh tomatoes may be im- ing country must maintain records of ported into the continental United trap placement, trap maintenance, and States from member States of the Eco- captures of any fruit flies of concern. nomic Community of West African The NPPO must maintain trapping States (ECOWAS) only in accordance records for 1 year, and make the with this section and other applicable records available to APHIS upon re- provisions of this subpart. The quest. ECOWAS consists of Benin, Burkina (ii) Capture of a single fruit fly of Faso, Cape Verde, Gambia, Ghana, concern inside a PES will immediately Guinea, Guinea Bissau, Ivory Coast, Li- result in cancellation of exports to the beria, Mali, Niger, Nigeria, Senegal, Si- United States from that PES. The de- erra Leone, and Togo Republic. These tection of a fruit fly of concern in a conditions are designed to prevent the consignment at the port of entry that introduction of the following quar- is traced back to a PES will also result antine pests: Bactrocera cucurbitae, B. in immediate cancellation of exports to invadens, Ceratitis capitata, C. rosa, the United States from that PES. In Chrysodeixis chalcites, Helicoverpa both cases, exports from the PES in armigera, H. assulta, Leucinodes question may not resume until APHIS orbonalis, Maconellicoccus hirsutus, and and the NPPO of the exporting country Nipaecoccus viridis. have mutually determined that the (1) Production site requirements. (i) risk has been properly mitigated. Production sites in which the tomatoes (3) Harvesting requirements. The stem are produced must be registered with and calyx must be removed from the the national plant protection organiza- tomato. tion (NPPO) of the exporting country. Initial approval of production sites (4) Packinghouse requirements. (i) must be completed jointly by the While in use for exporting tomatoes to NPPO of the exporting country and the United States, the packinghouses APHIS. may only accept fruit from registered (ii) The NPPO of the exporting coun- production sites. try must visit and inspect the produc- (ii) No shade trees may be grown tion sites monthly, beginning 2 months within 10 meters of the entry door of before the harvest and continuing the packinghouses, and no other fruit through the end of the shipping season. fly host plants may be grown within 50 APHIS may monitor the production meters of the entry door of the pack- sites if necessary. inghouses. (iii) Production sites must be pest- (5) Post-harvest procedures. (i) The to- exclusionary structures (PES). The matoes must be safeguarded by an in- PES must have self-closing double sect-proof mesh screen or plastic tar- doors. All openings, including vents, to paulin while in transit to the packing- the outside of the PES must be covered house and while awaiting packing. by screening with mesh openings of not (ii) Tomatoes must be packed within more than 1.6 mm. 24 hours of harvest in insect-proof car- (iv) No shade trees may be grown tons or containers, or covered with in- within 10 meters of the entry door of sect-proof mesh or a plastic tarpaulin the PES, and no other fruit fly host for transport to the United States. plants may be grown within 50 meters These safeguards must remain intact of the entry door of the PES. until arrival in the United States or (2) Mitigation measures for fruit flies. the consignment will be denied entry (i) Beginning 2 months prior to the into the United States.

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(iii) If transported by sea, the con- not be used for any fruit other than Ya tainers in which the tomatoes are variety pears from registered growers packed must be kept closed if stored during the pear export season. The within 20 meters of a fruit fly host packinghouses shall accept only those prior to being loaded on the vessel. pears that are in intact bags as re- (6) Commercial consignments. The to- quired by paragraph (a)(3) of this sec- matoes may be imported in commer- tion. The pears must be loaded into cial consignments only. containers at the packinghouse and the (7) Phytosanitary certificate. Each con- containers then sealed before move- signment of tomatoes must be accom- ment to the port of export. panied by a phytosanitary certificate (b) Each consignment of pears must issued by the NPPO of the exporting be accompanied by a phytosanitary country, providing an additional dec- certificate issued by the NPPO of laration ‘‘These tomatoes were grown China stating that the conditions of in registered production sites in [name this section have been met. of country] and the consignment has [72 FR 39501, July 18, 2007, as amended at 73 been inspected and found free of quar- FR 10973, Feb. 29, 2008] antine pests.’’ § 319.56–30 Hass avocados from (Approved by the Office of Management and Michoacan, Mexico. Budget under control numbers 0579–0049, 0579–0131, 0579–0316, 0579–0286, and 0579–0345, Fresh Hass variety avocados (Persea 0579–0381) americana) may be imported from [24 FR 10788, Dec. 29, 1959, as amended at 74 Michoacan, Mexico, into the United FR 56526, Nov. 2, 2009; 75 FR 28187, May 20, States in accordance with the require- 2010; 77 FR 34783, June 12, 2012] ments of § 319.56–3 of this subpart, and only under the following conditions: § 319.56–29 Ya variety pears from (a) Shipping restrictions. (1) The avoca- China. dos may be imported in commercial Ya variety pears may be imported consignments only; into the United States from China only (2) Shipping restrictions. The avocados in accordance with this section and all may be imported into and distributed other applicable provisions of this sub- in all States and in Puerto Rico, but part. not in any U.S. Territory. (a) Growing and harvest conditions. (1) (b) Trust fund agreement. The avoca- The pears must have been grown by dos may be imported only if the Mexi- growers registered with the national can avocado industry association rep- plant protection organization (NPPO) resenting Mexican avocado growers, of China in an APHIS-approved export packers, and exporters has entered into growing area in the Hebei or Shandong a trust fund agreement with APHIS for Provinces. that shipping season in accordance (2) Field inspections for signs of pest with § 319.56–6. infestation must be conducted by the (c) Safeguards in Mexico. The avoca- national plant protection organization dos must have been grown in the Mexi- (NPPO) of China during the growing can State of Michoacan in an orchard season. located in a municipality that meets (3) The registered growers shall be re- the requirements of paragraph (c)(1) of sponsible for following the this section. The orchard in which the phytosanitary measures agreed upon avocados are grown must meet the re- by APHIS and the NPPO of China, in- quirements of paragraph (c)(2) of this cluding applying pesticides to reduce section. The avocados must be packed the pest population and bagging the for export to the United States in a pears on the trees to reduce the oppor- packinghouse that meets the require- tunity for pests to attack the fruit dur- ments of paragraph (c)(3) of this sec- ing the growing season. The bags must tion. The Mexican national plant pro- remain on the pears through the har- tection organization (NPPO) must pro- vest and during their movement to the vide an annual work plan to APHIS packinghouse. that details the activities that the (4) The packinghouses in which the Mexican NPPO will, subject to APHIS’ pears are prepared for exportation shall approval of the work plan, carry out to

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