§ 319.56–37 7 CFR Ch. III (1–1–11 Edition)

(c) The NPPO must set and maintain 250 grapevines per hectare, inspecting McPhail traps (or a similar type with a leaves, stems, and fruit of the vines. protein bait that has been approved for (b) If evidence of Conogethes the pests of concern) in greenhouses punctiferalis, Eupoecilia ambiguella, from October 1 to April 30. The number Sparganothis pilleriana, Stathmopoda of traps must be set as follows: Two auriferella, or Monilinia fructigena is de- traps for greenhouses smaller than 0.2 tected during inspection, the field will hectare in size; three traps for green- immediately be rejected, and exports houses 0.2 to 0.5 hectare; four traps for from that field will be canceled until greenhouses over 0.5 hectare and up to visual inspection of the vines shows 1.0 hectare; and for greenhouses greater that the infestation has been eradi- than 1 hectare, traps must be placed at cated. a rate of four traps per hectare. (c) Fruit must be bagged from the (d) The NPPO must check all traps time the fruit sets until harvest. once every 2 weeks. If a single pumpkin (d) Each consignment must be in- fruit fly is captured, that greenhouse spected by the NPPO before export. For will lose its registration until trapping each consignment, the NPPO must shows that the infestation has been issue a phytosanitary certificate with eradicated. an additional declaration stating that (e) The fruit may be shipped only the fruit in the consignment was found from December 1 through April 30. free of C. punctiferalis, E. ambiguella, S. (f) Each consignment must be accom- pilleriana, S. auriferella, M. fructigena, panied by a phytosanitary certificate and Nippoptilia vitis. issued by NPPO, with the following ad- ditional declaration: ‘‘The regulated ar- (Approved by the Office of Management and ticles in this consignment were grown Budget under control number 0579–0236) in registered greenhouses as specified by 7 CFR 319.56–36.’’ § 319.56–38 Citrus from Chile. (g) Each consignment must be pro- Clementines (Citrus reticulata Blanco tected from pest infestation from har- var. Clementine), mandarins (Citrus vest until export. Newly harvested reticulata Blanco), and tangerines fruit must be covered with -proof (Citrus reticulata Blanco) may be im- mesh or a plastic tarpaulin while mov- ported into the United States from ing to the packinghouse and awaiting Chile, and grapefruit (Citrus paradisi packing. Fruit must be packed within Macfad.) and sweet oranges (Citrus 24 hours of harvesting in an enclosed sinensis (L.) Osbeck) may be imported container or vehicle or in insect-proof into the continental United States cartons or cartons covered with insect- from Chile, in accordance with this sec- proof mesh or plastic tarpaulin, and tion and all other applicable provisions then placed in containers for shipment. of this subpart. These safeguards must be intact when (a) The fruit must be accompanied by the consignment arrives at the port in a permit issued in accordance with the United States. § 319.56–3(b). (Approved by the Office of Management and (b) If the fruit is produced in an area Budget under control number 0579–0236) of Chile where Mediterranean fruit fly (Ceratitis capitata) is known to occur, § 319.56–37 Grapes from the Republic the fruit must be cold treated in ac- of Korea. cordance with part 305 of this chapter. Grapes (Vitis spp.) may be imported Fruit for which cold treatment is re- into the United States from the Repub- quired must be accompanied by docu- lic of Korea only under the following mentation indicating that the cold conditions and in accordance with all treatment was initiated in Chile (a other applicable provisions of this sub- PPQ Form 203 or its equivalent may be part: used for this purpose). (a) The fields where the grapes are (c) The fruit must either be produced grown must be inspected during the and shipped under the systems ap- growing season by the Republic of Ko- proach described in paragraph (d) of rea’s national plant protection organi- this section or fumigated in accordance zation (NPPO). The NPPO will inspect with paragraph (e) of this section.

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(d) Systems approach. The fruit may (4) Phytosanitary inspection. The fruit be imported without fumigation for must be inspected in Chile at an Brevipalpus chilensis if it meets the fol- APHIS-approved inspection site under lowing conditions: the direction of APHIS inspectors in (1) Production site registration. The coordination with the NPPO of Chile production site where the fruit is after the post-harvest processing. A bi- grown must be registered with the na- ometric sample will be drawn and ex- tional plant protection organization amined from each consignment of (NPPO) of Chile. To register, the pro- fruit, which may represent multiple duction site must provide Chile’s NPPO grower lots from different packing with the following information: Pro- sheds. Clementines, mandarins, or tan- duction site name, grower, munici- gerines in any consignment may be pality, province, region, area planted shipped to the United States only if the to each species, number of plants/hec- consignment passes inspection as fol- tares/species, and approximate date of lows: harvest. Registration must be renewed (i) Fruit presented for inspection annually. must be identified in the shipping doc- (2) Low prevalence production site cer- uments accompanying each lot of fruit tification. Between 1 and 30 days prior that identify the production site(s) to harvest, random samples of fruit where the fruit was produced and the must be collected from each registered packing shed(s) where the fruit was production site under the direction of processed. This identity must be main- Chile’s NPPO. These samples must un- tained until the fruit is released for dergo a pest detection and evaluation entry into the United States. method as follows: The fruit and (ii) A biometric sample of boxes from pedicels must be washed using a flush- each consignment will be selected and ing method, placed in a 20 mesh sieve the fruit from these boxes will be vis- on top of a 200 mesh or finer sieve, ually inspected for quarantine pests, sprinkled with a liquid soap and water and a portion of the fruit will be solution, washed with water at high washed and the collected filtrate will pressure, and washed with water at low be microscopically examined for B. pressure. The process must then be re- chilensis. peated. The contents of the sieves must then be placed on a petri dish and ana- (A) If a single live B. chilensis mite is lyzed for the presence of live B. found, the fruit will be eligible for im- chilensis mites. If a single live B. portation into the United States only chilensis mite is found, the production if it is fumigated in Chile in accord- site will not qualify for certification as ance with paragraph (e) of this section. a low prevalence production site and The production site will be suspended will be eligible to export fruit to the from the low prevalence certification United States only if the fruit is fumi- program and all subsequent lots of gated in accordance with paragraph (e) fruit from the production site of origin of this section. Each production site will be required to be fumigated as a may have only one opportunity per condition of entry to the United States harvest season to qualify as a low prev- for the remainder of the shipping sea- alence production site, and certifi- son. cation of low prevalence will be valid (B) If inspectors find evidence of any for one harvest season only. The NPPO other quarantine pest, the fruit in the of Chile will present a list of certified consignment will remain eligible for production sites to APHIS. importation into the United States (3) Post-harvest processing. After har- only if a treatment for the pest is au- vest and before packing, the fruit must thorized by part 305 of this chapter and be washed, rinsed in a potable water the entire consignment is treated for bath, washed with detergent with the pest in Chile under APHIS super- brushing using bristle rollers, rinsed vision. with a hot water shower with brushing (iii) Each consignment of fruit must using bristle rollers, predried at room be accompanied by a phytosanitary temperature, waxed, and dried with hot certificate issued by the NPPO of Chile air. that contains an additional declaration

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stating that the fruit in the consign- NPPO of China must provide APHIS ment meets the conditions of § 319.56– with information on pest detections 38(d). and pest detection practices, and (e) Approved fumigation. Clementines, APHIS must approve the pest detection grapefruit, mandarins, sweet oranges, practices. or tangerines that do not meet the con- (4) If any of the quarantine pests list- ditions of paragraph (d) of this section ed in this section are found during the may be imported into the United pre-harvest inspection or at any other States if the fruit is fumigated either time, the NPPO of China must notify in Chile or at the port of first arrival in APHIS immediately. the United States with methyl bromide (i) Upon detection of Oriental fruit for B. chilensis in accordance with part fly (Bactrocera dorsalis), APHIS may re- 305 of this chapter. An APHIS inspector ject the lot or consignment and may will monitor the fumigation of the prohibit the importation into the fruit and will prescribe such safeguards United States of fragrant pears from as may be necessary for unloading, China until an investigation is con- handling, and transportation pre- ducted and APHIS and the NPPO of paratory to fumigation. The final re- China agree that appropriate remedial lease of the fruit for entry into the action has been taken. United States will be conditioned upon (ii) Upon detection of peach fruit compliance with prescribed safeguards borer (Carposina sasaki), yellow peach and required treatment. (Conogethes punctiferalis), apple (f) Trust fund agreement. Clementines, fruit moth (Cydia inopinata), Hawthorn grapefruit, mandarins, sweet oranges, spider mite (Tetranychus viennensis), or tangerines may be imported into the red plum maggot (Cydia funebrana), United States under this section only if brown rot (Monilinia fructigena), Asian the NPPO of Chile or a private export pear scab (Venturia nashicola), pear group has entered into a trust fund trellis rust (Gymnosporangium fuscum), agreement with APHIS in accordance Asian pear black spot (Alternaria spp.), with § 319.56–6. or phylloxeran (Aphanostigma sp. poss. (Approved by the Office of Management and jackusiensis), APHIS may reject the lot Budget under control number 0579–0242) or consignment and may prohibit the [72 FR 39501, July 18, 2007, as amended at 74 importation into the United States of FR 15640, Apr. 7, 2009; 74 FR 46489, Sept. 10, fragrant pears from the production site 2009; 75 FR 4253, Jan. 26, 2010] for the season. The exportation to the United States of fragrant pears from § 319.56–39 Fragrant pears from China. the production site may resume in the Fragrant pears may be imported into next growing season if an investigation the United States from China only is conducted and APHIS and the NPPO under the following conditions and in of China agree that appropriate reme- accordance with all other applicable dial action has been taken. If any of provisions of this subpart: these pests is detected in more than (a) Origin, growing, and harvest condi- one registered production site, APHIS tions. (1) The pears must have been may prohibit the importation into the grown in the Korla region of Xinjiang United States of fragrant pears from Province in a production site that is China until an investigation is con- registered with the national plant pro- ducted and APHIS and the NPPO of tection organization (NPPO) of China. China agree that appropriate remedial (2) All propagative material intro- action has been taken. duced into a registered production site (5) After harvest, the NPPO of China must be certified free of the pests list- or officials authorized by the NPPO of ed in this section by the NPPO of China must inspect the pears for signs China. of pest infestation and allow APHIS to (3) Within 30 days prior to harvest, monitor the inspections. the NPPO of China or officials author- (6) Upon detection of large pear borer ized by the NPPO of China must in- (Numonia pivivorella), pear curculio spect the registered production site for (Rhynchites fovepessin), or Japanese signs of pest infestation and allow apple curculio (R. heros), APHIS may APHIS to monitor the inspections. The reject the lot or consignment.

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