§ 301.91–8 7 CFR Ch. III (1–1–20 Edition)

to comply with the requirements of or any other nursery stock except in this subpart. accordance with this subpart. 1 (b) No person may move interstate [49 FR 18992, May 4, 1984, as amended at 59 from any regulated establishment any FR 67609, Dec. 30, 1994] regulated, restricted, or associated ar- ticles except in accordance with this § 301.91–8 Attachment and disposition of certificates and limited permits. subpart. (c) No person may move interstate (a) A certificate or limited permit re- from any quarantined area or regulated quired for the interstate movement of establishment any regulated restricted, a regulated article, at all times during or associated article or nursery stock such movement, shall be securely at- that has been tested with a test ap- tached to the outside of the containers proved by APHIS and found infected containing the regulated article, se- with Phytophthora ramorum, or that is curely attached to the article itself if part of a plant that was found infected not in a container, or securely at- with Phytophthora ramorum, unless tached to the consignee’s copy of the such movement is in accordance with accompanying waybill or other ship- part 330 of this chapter. ping document; Provided, however, That [72 FR 8597, Feb. 27, 2007, as amended at 84 the requirements of this section may FR 16192, Apr. 18, 2019] be met by attaching the certificate or limited permit to the consignee’s copy § 301.92–1 Definitions. of the waybill or other shipping docu- Administrator. The Administrator, ments only if the regulated article is Animal and Plant Health Inspection sufficiently described on the certifi- Service, or any person authorized to cate, limited permit, or shipping docu- act for the Administrator. ment to identify such article. Animal and Plant Health Inspection Service. The Animal and Plant Health (b) The certificate or limited permit Inspection Service (APHIS) of the for the movement of a regulated article United States Department of Agri- shall be furnished by the carrier to the culture. consignee at the destination of the Associated article. Any article listed shipment. in § 301.92–2(c). Bark chips. Bark fragments broken or § 301.91–9 Costs and charges. shredded from a log or tree. The services of the inspector shall be Certificate. A document, stamp, or im- furnished without cost, except as pro- print by which an inspector or person vided in 7 CFR part 354. The U.S. De- operating under a compliance agree- partment of Agriculture will not be re- ment affirms that a specified regulated sponsible for any costs or charges inci- or associated article meets applicable dent to inspections or compliance with requirements of this subpart and may be moved interstate to any destination. the provisions of the quarantine and Compliance agreement. A written regulations in this subpart, other than agreement between APHIS and a per- for the services of the inspector. son engaged in growing, processing, handling, or moving regulated or asso- Subpart X—Phytophthora ciated articles, wherein the person Ramorum agrees to comply with this subpart. Duff. Decaying plant matter that in- cludes leaf litter, green waste, stem SOURCE: 72 FR 8597, Feb. 27, 2007, unless otherwise noted. Redesignated at 84 FR 2428, material, bark, and any other plant Feb. 7, 2019. 1 Any properly identified inspector is au- § 301.92 Restrictions on interstate thorized to stop and inspect persons and movement. means of conveyance and to seize, quar- antine, treat, apply other remedial measures (a) No person may move interstate to, destroy, or otherwise dispose of regulated from any quarantined area any regu- or restricted articles as provided in sections lated, restricted, or associated article 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

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material that, upon visual inspection, terial that is grown in a nursery, and does not appear to have completely de- tree seedlings for reforestation, except composed. the following: Seeds; turf or sod; bulbs, Firewood. Wood that has been cut, tubers, corms, or rhizomes; 2 green- sawn, or chopped into a shape and size house grown cactus, succulents, and or- commonly used for fuel, or other wood chids; aquarium grown aquatic plants; intended for fuel. greenhouse, container, or field grown Forest stock. All flowers, trees, palms; greenhouse, container, or field shrubs, vines, scions, buds, or other grown cycads, and tissue culture plants plants that are wild-grown, backyard- grown in vitro; and plants meeting the grown, or naturally occurring. definition of forest stock. From. An article is considered to be Permit. A written authorization ‘‘from’’ a specific site or location for the purposes of this subpart if it was issued by APHIS to allow the inter- grown or propagated in, stored or sold, state movement of restricted articles or distributed from the site or location. in accordance with part 330 of this Growing media. Any material in chapter. which plant roots are growing or in- Person. Any association, company, tended for that purpose. corporation, firm, individual, joint Inspector. Any employee of APHIS, stock company, partnership, society, the U.S. Department of Agriculture, or or other entity. other person authorized by the Admin- Plant Protection and Quarantine. The istrator to perform the duties required Plant Protection and Quarantine pro- under this subpart. gram of the Animal and Plant Health Interstate. From any State into or Inspection Service, United States De- through any other State. partment of Agriculture. Log. The bole of a tree; trimmed tim- Quarantined area. Any State, or any ber that has not been sawn further portion of a State, listed in § 301.92– than to form cants. 3(a)(3) of this subpart or otherwise des- Lot. A contiguous block of plants of ignated as a quarantined area in ac- the same species or cultivar, of the cordance with § 301.92–3(a)(2) of this same container size and from the same subpart. source, if known. Lumber. Logs that have been sawn Regulated article. Any article listed in into boards, planks, or structural mem- § 301.92–2(b) of this subpart. bers such as beams. Restricted article. Any article listed in Moved (move, movement). Shipped, of- § 301.92–2(a) of this subpart. fered for shipment, received for trans- Regulated establishment. Any nursery portation, transported, carried, or al- regulated by APHIS pursuant to lowed to be moved, shipped, trans- § 301.92–3(b). ported, or carried. Soil. The loose surface material of the Mulch. Bark chips, wood chips, wood earth in which plants grow, in most shavings, or sawdust, or a mixture cases consisting of disintegrated rock thereof, that could be used as a protec- with an admixture of organic material. tive or decorative ground cover or as State. The District of Columbia, Puer- part of a growing media mixture. to Rico, the Northern Mariana Islands, Non-host nursery stock. Any taxa of or any State, territory, or possession of nursery stock not listed in § 301.92–2 as the United States. a regulated or associated article. Nursery. Any location where nursery [72 FR 8597, Feb. 27, 2007, as amended at 84 stock is grown, propagated, stored, or FR 16192, Apr. 18, 2019] sold, or any location from which nurs- ery stock is distributed. Locations that grow trees for sale without roots (e.g., as Christmas trees) are considered to 2 Bulbs, tubers, corms, or rhizomes are only be nurseries for the purposes of this considered nursery stock (and therefore, reg- subpart. ulated under this subpart) if they are of Nursery stock. All plants for planting, plant taxa listed in § 301.92–2 as regulated ar- including houseplants, propagative ma- ticles or associated articles.

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