and Plant Health Inspection Service, USDA § 319.56–22

is free of fruit flies must be treated for Oregon, Pennsylvania, Rhode Island, such pests in accordance with part 305 South Dakota, Utah, Vermont, Wash- of this chapter. If an authorized treat- ington, West Virginia, Wisconsin, Wyo- ment does not exist for a specific fruit ming, the District of Columbia, or the fly, the importation of such and U.S. Virgin Islands, or any part of Illi- pears is prohibited. nois, Kentucky, Missouri, or Virginia, north of the 38th parallel, subject to § 319.56–21 Okra from certain coun- the requirements of § 319.56–3. tries. (d) Importations into areas of California Okra from Brazil, Colombia, Ecuador, that are not pink bollworm generally in- Guyana, Mexico, Peru, Suriname, Ven- fested or suppressive areas. (1) During ezuela, and the West Indies may be im- January 1 through March 15, inclusive, ported into the United States in ac- okra may be imported into California cordance with this section and all subject to the requirements of § 319.56– other applicable provisions of this sub- 3. part. (2) During March 16 through Decem- (a) Importations into pink bollworm ber 31, inclusive, okra may be imported generally infested or suppressive areas in into California if it is treated for the the United States. Okra may be im- pink bollworm in accordance with part ported into areas defined in § 301.52–2a 305 of this chapter. as pink bollworm generally infested or (e) Imports from Andros Island of the suppressive areas, provided the okra is Bahamas. Okra produced on Andros Is- imported in accordance with the re- land, Commonwealth of the Bahamas, quirements of § 319.56–3. Upon entry may be imported into the United into the United States, such okra is States in accordance with § 319.56–3. immediately subject to the require- [72 FR 39501, July 18, 2007, as amended at 75 ments of Subpart—Pink Bollworm FR 4252, Jan. 26, 2010] (§§ 301.52 through 301.52–10) of this chap- ter. § 319.56–22 Apples and pears from cer- (b) Importations into areas south of the tain countries in Europe. 38th parallel that are not pink bollworm (a) Importations allowed. The fol- generally infested or suppressive areas. (1) lowing fruits may be imported into the During December 1 through May 15, in- United States in accordance with this clusive, okra may be imported into section and all other applicable provi- areas of Alabama, Arkansas, Florida, sions of this subpart: Georgia, Louisiana, Mississippi, Ne- (1) Apples from Belgium, Denmark, vada, North Carolina, South Carolina, France, Germany, Great Britain, Italy, Tennessee, or any part of Illinois, Ken- the Netherlands, Northern Ireland, tucky, Missouri, or Virginia south of Norway, Portugal, the Republic of Ire- the 38th parallel subject to the require- land, Spain, Sweden, and Switzerland; ments of § 319.56–3. (2) Pears from Belgium, France, (2) During May 16 through November Great Britain, Italy, the Netherlands, 30, inclusive, okra may be imported Portugal, and Spain. into areas of Alabama, Arkansas, Flor- (b) Trust fund agreement. Except as ida, Georgia, Louisiana, Mississippi, provided in paragraph (h) of this sec- Nevada, North Carolina, South Caro- tion, the apples or pears may be im- lina, Tennessee, or any part of Illinois, ported only if the national plant pro- Kentucky, Missouri, or Virginia south tection organization (NPPO) of the ex- of the 38th parallel if treated for the porting country has entered into a pink bollworm in accordance with part trust fund agreement with APHIS in 305 of this chapter. accordance with § 319.56–6. (c) Importations into areas north of the (c) Responsibilities of the exporting 38th parallel. Okra may be imported country. The apples or pears may be im- into Alaska, Colorado, Connecticut, ported in any single shipping season Delaware, Hawaii, Idaho, Indiana, only if all of the following conditions Iowa, Kansas, Maine, Maryland, Massa- are met: chusetts, Michigan, Minnesota, Mon- (1) Officials of the NPPO must survey tana, Nebraska, New Hampshire, New each orchard producing apples or pears Jersey, New York, North Dakota, Ohio, for shipment to the United States at

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least twice between spring blossoming only after the lines have been washed and harvest. If the officials find any with water. leaf miners that suggest the presence (iii) During packing operations, ap- of malifoliella in an or- ples and pears must be inspected for in- chard, the officials must reject any sect pests as follows: All fruit in each fruit harvested from that orchard dur- grower lot must be inspected at each of ing that growing season for shipment two inspection stations on the packing to the United States. If the officials line by packing shed technicians. In ad- find evidence in an orchard of any dition, one carton from every pallet in other plant pest referred to in para- each grower lot must be inspected by graph (g) of this section, they must en- officials of the plant protection serv- sure that the orchard and all other or- ice. If the inspections reveal any live chards within 1 kilometer of that or- larva or pupa of Leucoptera malifoliella, chard will be treated for that pest with the entire grower lot must be rejected a pesticide approved by the APHIS, in for shipment to the United States, and accordance with label directions and under the direction of the plant protec- the plant protection service must re- tion organization. If the officials deter- ject for shipment any additional fruit mine that the treatment program has from the producing orchard for the re- not been applied as required or is not mainder of that shipping season. If the controlling the plant pest in the or- inspections reveal any other chard, they must reject any fruit har- pest referred to in paragraph (g) of this vested from that orchard during that section, and a treatment authorized in growing season for shipment to the part 305 of this chapter is available, the United States. fruit will remain eligible for shipment (2) The apples or pears must be iden- to the United States if the entire grow- tified to the orchard from which they er lot is treated for the pest under the are harvested (the producing orchard) supervision of an inspector. However, if until the fruit arrives in the United the entire grower lot is not treated in States. this manner, or if a plant pest is found (3) The apples or pears must be proc- for which no treatment authorized in essed and inspected in approved pack- part 305 of this chapter is available, the ing sheds as follows: entire grower lot will be rejected for (i) Upon arrival at the packing shed, shipment to the United States. the apples or pears must be inspected (4) Apples or pears that pass inspec- for insect pests as follows: For each tion at approved packing sheds must be grower lot (all fruit delivered for proc- presented to an inspector for essing from a single orchard at a given preclearance inspection as prescribed time), packing shed technicians must in paragraph (d) of this section or for examine all fruit in one carton on inspection in the United States as pre- every third pallet (there are approxi- scribed in paragraph (h) of this section. mately 42 cartons to a pallet), or at (5) Apples and pears presented for least 80 apples or pears in every third preclearance inspection must be identi- bin (if the fruit is not in cartons on pallets). If they find any live larva or fied with the packing shed where they pupa of Leucoptera malifoliella, they were processed, as well as with the pro- must reject the entire grower lot for ducing orchard, and this identity must shipment to the United States, and the be maintained until the apples or pears NPPO must reject for shipment any ad- arrive in the United States. ditional fruit from the producing or- (6) Facilities for the preclearance in- chard for the remainder of the shipping spections prescribed in paragraph (d) of season. this section must be provided in the ex- (ii) The apples or pears must be sort- porting country at a site acceptable to ed, sized, packed, and otherwise han- APHIS. dled in the packing sheds on grading (7) Any apples or pears rejected for and packing lines used solely for fruit shipment into the United States may intended for shipment to the United not, under any circumstance, be pre- States, or, if on grading and packing sented again for shipment to the lines used previously for other fruit, United States.

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(d) Preclearance inspection. (iii) Apples and pears precleared for Preclearance inspection will be con- shipment to the United States as pre- ducted in the exporting country by an scribed in this paragraph will not be in- inspector. Preclearance inspection will spected again in the United States (ex- be conducted for a minimum of 6,000 cept as necessary to ensure that the cartons of apples or pears, which may fruit has been precleared) unless the represent multiple grower lots from preclearance program with the export- different packing sheds. The cartons ing country is terminated in accord- examined during any given ance with paragraph (e) of this section. preclearance inspection will be known If the preclearance program is termi- as an inspection unit. Apples or pears nated with any country, precleared in any inspection unit may be shipped fruit in transit to the United States at to the United States only if the inspec- the time of termination will be spot- tion unit passes inspection as follows: checked by inspectors upon arrival in (1) Inspectors will examine, fruit by the United States for evidence of plant fruit, a biometrically designed statis- pests referred to in paragraph (g) of tical sample of 300 cartons drawn from this section. If any live larva or pupa of each inspection unit. Leucoptera malifoliella is found in any (i) If inspectors find any live larva or carton of fruit, inspectors will reject pupa of Leucoptera malifoliella, they will that carton and all other cartons in reject the entire inspection unit for that consignment that are from the shipment to the United States. The in- same producing orchard. In addition, spectors also will reject for shipment the remaining cartons of fruit in that any additional fruit from the producing consignment will be reinspected as an orchard for the remainder of the ship- inspection unit in accordance with the ping season. However, other orchards preclearance procedures prescribed in represented in the rejected inspection paragraph (d) of this section. unit will not be affected for the re- (2) [Reserved] mainder of the shipping season because (e) Termination of preclearance pro- of that rejection. Additionally, if in- grams. The Administrator may termi- spectors reject any three inspection nate the preclearance program in a units in a single shipping season be- country if he or she determines that cause of Leucoptera malifoliella on fruit any of the conditions specified in para- processed by a single packing shed, no graph (c) of this section are not met or additional fruit from that packing shed because of pests found during will be accepted for shipment to the preclearance inspections. Termination United States for the remainder of that shipping season. of the preclearance program will stop (ii) If the inspectors find evidence of consignments of apples or pears from any other plant pest referred to in that country for the remainder of that paragraph (g) of this section, and a shipping season. Termination of the treatment authorized in part 305 of this preclearance program for findings of chapter is available, fruit in the in- Leucoptera malifoliella in preclearance spection unit will remain eligible for inspections in any country will be shipment to the United States if the based on rates of rejection of inspec- entire inspection unit is treated for the tion units as follows: pest under the supervision of an inspec- (1) Termination because of findings tor. However, if the entire inspection of Leucoptera malifoliella. The unit is not treated in this manner, or if preclearance program will be termi- a plant pest is found for which no nated with a country when, in one ship- treatment authorized in part 305 of this ping season, inspection units are re- chapter is available, the inspectors will jected because of Leucoptera malifoliella reject the entire inspection unit for as follows: shipment to the United States. Rejec- (i) Five inspection units in sequence tion of an inspection unit because of among inspection units 1–20, or a total pests other than Leucoptera malifoliella of 8 or more of the inspection units 1– will not be cause for rejecting addi- 20; tional fruit from an orchard or packing (ii) Five inspection units in sequence shed. among inspection units 21–40, or a total

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of 10 or more of the inspection units 1– Great Britain, Italy, the Netherlands, 40; Portugal, and Spain may be imported (iii) Five inspection units in sequence into the United States only if they are among inspection units 41–60, or a total found free of the following pests or, if of 12 or more of the inspection units 1– an authorized treatment is available, 60; they are treated for: The pear leaf blis- (iv) Five inspection units in sequence ter (Leucoptera malifoliella (O.G. among inspection units 61–80, or a total Costa) ()), the plum fruit of 14 or more of the inspection units 1– moth (Cydia funebrana (Treitschke) 80; (Tortricidae)), the summer fruit tortrix (v) Five inspection units in sequence moth (Adoxophyes orana (Fischer von among inspection units 81–100, or a Rosslertamm) (Tortricidae)), a leaf total of 16 or more of the inspection roller (Argyrotaenia pulchellana units 1–100; (vi) Five inspection units in sequence (Haworth) (Tortricidae)), and other in- among inspection units 101–120, or a sect pests that do not exist in the total of 18 or more of the inspection United States or that are not wide- units 1–120. spread in the United States. (vii) Sequence can be continued in in- (2) Treatments must be conducted in crements of 20 inspection units by in- accordance with part 305 of this chap- creasing the number of rejected inspec- ter. tion units by 2. (h) Inspection in the United States. (2) Termination because of findings Notwithstanding provisions to the con- of other plant pests. The preclearance trary in paragraphs (c) and (d) of this program will be terminated with a section, the Administrator may allow country when, in one shipping season, apples or pears imported under this inspection units are rejected because of section to be inspected at a port of ar- other insect pests as follows: rival in the United States, in lieu of a (i) Ten or more of the inspection preclearance inspection, under the fol- units 1–20; lowing conditions: (ii) Fifteen or more of the inspection (1) The Administrator has deter- units 1–40; mined that inspection can be accom- (iii) Twenty or more of the inspection plished at the port of arrival without units 1–60; increasing the risk of introducing in- (iv) Twenty-five or more of the in- spection units 1–80; sect pests into the United States; (v) Thirty or more of the inspection (2) Each pallet of apples or pears units 1–100; or must be completely enclosed in plastic, (vi) Thirty-five or more of the inspec- to prevent the escape of , before tion units 1–120. it is offloaded at the port of arrival; (vii) Sequence can be continued in in- (3) The entire consignment of apples crements of 20 inspection units by in- or pears must be offloaded and moved creasing the number of rejected inspec- to an enclosed warehouse, where ade- tion units by 5. quate inspection facilities are avail- (f) Cold treatment. In addition to all able, under the supervision of an in- other requirements of this section, ap- spector. ples or pears may be imported into the (4) The Administrator must deter- United States from France, Italy, Por- mine that a sufficient number of in- tugal, or Spain only if the fruit is cold spectors are available at the port of ar- treated for the Mediterranean fruit fly rival to perform the services required. in accordance with part 305 of this (5) The method of inspection will be chapter. the same as prescribed in paragraph (d) (g) Plant pests; authorized treatments. of this section for preclearance inspec- (1) Apples from Belgium, Denmark, France, Great Britain, Italy, the Neth- tions. erlands, Northern Ireland, Norway, [72 FR 39501, July 18, 2007, as amended at 75 Portugal, the Republic of Ireland, FR 4252, Jan. 26, 2010] Spain, Sweden, Switzerland, and Ger- many; and pears from Belgium, France,

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