7 CFR Ch. III (1–1–97 Edition) Pt

Pt. 319 7 CFR Ch. III (1–1–97 Edition)

319.8–13 From Northwest Mexico. Subpart—Nursery Stock, Plants, Roots, 319.8–14 Mexican cotton and covers not oth- Bulbs, Seeds, and Other Plant Products erwise enterable. 319.37 Prohibitions and restrictions on im- MISCELLANEOUS PROVISIONS portation; disposal of articles refused importation. 319.8–16 Importation into United States of 319.37–1 Definitions. cotton and covers exported therefrom. 319.37–2 Prohibited Articles. 319.8–17 Importation for exportation, and 319.37–3 Permits. importation for transportation and ex- 319.37–4 Inspection, treatment, and portation; storage. phytosanitary certificates of inspection. 319.8–18 Samples. 319.37–5 Special foreign inspection and cer- 319.8–19 Cottonseed or seed cotton for exper- tification requirements. imental or scientific purposes. 319.37–6 Specific treatment and other re- 319.8–20 Importations by the Department of quirements. Agriculture. 319.37–7 Postentry quarantine. 319.8–21 Release of cotton and covers after 319.37–8 Growing media. 18 months’ storage. 319.37–9 Approved packing material. 319.8–22 Ports of entry or export. 319.37–10 Marking and identity. 319.8–23 Treatment. 319.37–11 Arrival notification. 319.37–12 Prohibited articles accompanying 319.8–24 Collection and disposal of waste. restricted articles. 319.8–25 Costs and charges. 319.37–13 Treatment and costs and charges 319.8–26 Material refused entry. for inspection and treatment. 319.8–27 Applicability of Mexican Border 319.37–14 Ports of entry. Regulations. Subpart—Logs, Lumber, and Other Subpart—Sugarcane Unmanufactured Wood Articles 319.15 Notice of quarantine. 319.40–1 Definitions. 319.15a Administrative instructions and in- 319.40–2 General prohibitions and restric- terpretation relating to entry into Guam tions; relation to other regulations. of bagasse and related sugarcane prod- 319.40–3 General permits; articles that may ucts. be imported without a specific permit; articles that may be imported without Subpart—Citrus Canker and Other Citrus either a specific permit or an importer Diseases document. 319.40–4 Application for a permit to import 319.19 Notice of quarantine. regulated articles; issuance and withdrawal of permits. Subpart—Corn Diseases 319.40–5 Importation and entry requirements for specified articles. QUARANTINE 319.40–6 Universal importation options. 319.40–7 Treatments and safeguards. 319.24 Notice of quarantine. 319.40–8 Processing at facilities operating 319.24a Administrative instructions relating under compliance agreements. to entry of corn into Guam. 319.40–9 Inspection and other requirements at port of first arrival. REGULATIONS GOVERNING ENTRY OF INDIAN 319.40–10 Costs and charges. CORN OR MAIZE 319.40–11 Plant pest risk assessment stand- 319.24–1 Applications for permits for impor- ards. tation of corn. 319.24–2 Issuance of permits. Subpart—Indian Corn or Maize, 319.24–3 Marking as condition of entry. Broomcorn, and Related Plants 319.24–4 Notice of arrival of corn by permit- QUARANTINE tee. 319.24–5 Condition of entry. 319.41 Notice of quarantine. 319.41a Administrative instructions relating Subpart—Citrus Fruit to entry into Guam of broomcorn, brooms, and similar articles. 319.28 Notice of quarantine. 319.41b Administrative instructions prescribing conditions for entry of Subpart—Bamboo Capable of Propagation broomstraw without treatment.

319.34 Notice of quarantine. RULES AND REGULATIONS 319.41–1 Plant products permitted entry.

162

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 E:\CFR\174011.024 174011 Animal and Plant Health Inspection Service, USDA Pt. 319

319.41–2 Application for permits. 319.56–2j Conditions governing the entry of 319.41–3 Issuance of permits. apples and pears from Australia (includ- 319.41–4 Notice of arrival by permittee. ing Tasmania) and New Zealand. 319.41–5 Condition of entry. 319.56–2k Administrative instructions pre- 319.41–5a Administrative instructions; scribing method of fumigation of field- method used for the disinfection of im- grown grapes from specified countries. ported broomcorn and broomcorn 319.56–2l Administrative instructions pre- brooms. scribing method of treatment of im- 319.41–6 Importations by mail. ported yams. 319.56–2m Administrative instructions pre- Subpart—Rice scribing method of fumigation of apricots, grapes, nectarines, peaches, QUARANTINE plumcot, and plums from Chile. 319.55 Notice of quarantine. 319.56–2n Administrative instructions pre- 319.55a Administrative instructions relating scribing a combination treatment of fu- to entry of rice straw and rice hulls into migation plus refrigeration for certain Guam. fruits. 319.56–2o Administrative instructions pre- RULES AND REGULATIONS scribing method of treatment of avoca- 319.55–1 Definitions. dos for the Mediterranean fruit fly, the 319.55–2 Application for permit. melon fly, and the oriental fruit fly. 319.55–3 Ports of entry. 319.56–2p Administrative instructions pre- 319.55–4 Issuance of permits. scribing treatment and relieving restric- 319.55–5 Notice of arrival by permittee. tions regarding importation of okra from 319.55–6 Inspection and disinfection at port Mexico, the West Indies, and certain of arrival. countries in South America. 319.55–7 Importations by mail. 319.56–2q [Reserved] 319.56–2r Administrative instructions gov- Subpart—Fruits and Vegetables erning the entry of apples and pears from certain countries in Europe. QUARANTINE 319.56–2s Administrative instructions gov- 319.56 Notice of quarantine. erning the entry of apricots, nectarines, 319.56a Administrative instructions and in- peaches, plumcot, and plums from Chile. terpretation relating to entry into Guam 319.56–2t Administrative instructions; con- of fruits and vegetables under § 319.56. ditions governing the entry of certain fruits and vegetables. RULES AND REGULATIONS 319.56–2u Conditions governing the entry of lettuce and peppers from Israel. 319.56–1 Definitions. 319.56–2 Restrictions on entry of fruits and 319.56–2v Conditions governing the entry of vegetables. citrus from Australia. 319.56–2a Permits required for entry of 319.56–2w Administrative instruction; condi- chestnuts and acorns and certain coco- tions governing the entry of papayas nuts. from Costa Rica. 319.56–2b Administrative instructions; con- 319.56–2x Administrative instructions; conditions governing the entry of acorns and ditions governing the entry of certain chestnuts. fruits and vegetables for which treat- 319.56–2c Administrative instructions au- ment is required. thorizing the importation of frozen fruits 319.56–2y Administrative instructions; con- and vegetables. ditions governing the entry of canta- 319.56–2d Administrative instructions for loupe and watermelon from Ecuador. cold treatments of certain imported 319.56–2z Administrative instructions gov- fruits. erning the entry of cherimoyas from 319.56–2e Administrative instructions; con- Chile. ditions governing the entry of cipollini 319.56–2aa Administrative instructions gov- from Morocco. erning the entry of honeydew melons 319.56–2f [Reserved] from Brazil. 319.56–2g Administrative instructions pre- 319.56–2bb Administrative instructions gov- scribing method of treatment of garlic erning movement of Hass avocados from from specified countries. Mexico to Alaska. 319.56–2h Regulations governing the entry 319.56–2cc Administrative instructions gov- of grapes from Australia. erning the entry of Fuji variety apples 319.56–2i Administrative instructions pre- from Japan and the Republic of Korea. scribing treatments for mangoes from 319.56–2dd Administrative instructions: con- Central America, Mexico, South Amer- ditions governing the entry of pink or ica, and the West Indies. red tomatoes from Spain.

163

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 E:\CFR\174011.024 174011 § 319.8 7 CFR Ch. III (1–1–97 Edition)

319.56–2ee Administrative instructions: con- 319.74–6 Shipments for experimental or sci- ditions governing the entry of Ya variety entific purposes. pears from China. 319.74–7 Territorial applicability. 319.56–3 Applications for permits for importation of fruits and vegetables. 319.56–4 Issuance of permits. Subpart—Khapra Beetle 319.56–5 Notice of arrival by permittee. 319.75 Restrictions on importation of re- 319.56–6 Inspection and other requirements stricted articles; disposal of articles re- at the port of first arrival. fused importation. 319.56–7 Inspection of baggage and cargo on 319.75–1 Definitions. the dock. 319.75–2 Restricted articles. 319.56–8 Territorial applicability. 319.75–3 Permits. 319.75–4 Treatments. Subpart—Wheat Diseases 319.75–5 Marking and identity. 319.75–6 Arrival notification. 319.59 Prohibitions on importation; disposal 319.75–7 Costs and charges. of articles refused importation. 319.75–8 Ports of entry. 319.59–1 Definitions. 319.75–9 Inspection and phytosanitary cer- 319.59–2 Prohibited articles. tificate of inspection.

Subpart—Packing Materials Subpart—Exotic Bee Diseases and QUARANTINE Parasites 319.69 Notice of quarantine. 319.76 Restrictions on importation of re- 319.69a Administrative instructions and in- stricted articles; disposal of articles re- terpretation relating to the entry into fused importation. Guam of plant materials specified in 319.76–1 Definitions. § 319.69. 319.76–2 Restricted articles. 319.76–3 Permits. RULES AND REGULATIONS 319.76–4 Inspections and treatments. 319.69–1 Definitions. 319.76–5 Marking and shipping. 319.69–2 Freedom from pests. 319.76–6 Arrival notification. 319.69–3 Entry inspection. 319.76–7 Costs and charges. 319.69–4 Disposition of materials found in 319.76–8 Ports of entry. violation. AUTHORITY: 7 U.S.C. 150dd, 150ee, 150ff, 151– 319.69–5 Types of soil authorized for pack- 167, 450, 2803, and 2809; 21 U.S.C. 136 and 136a; ing. 7 CFR 2.22, 2.80, and 371.2(c). Subpart—Coffee SOURCE: 24 FR 10788, Dec. 29, 1959, unless otherwise noted. QUARANTINE 319.73 Notice of quarantine. Subpart—Foreign Cotton and

REGULATIONS Covers 319.73–1 Definitions. QUARANTINE 319.73–2 Products prohibited importation. 319.73–3 Conditions for transit movement of § 319.8 Notice of quarantine. certain products through Puerto Rico or Hawaii. (a) Pursuant to sections 5 and 7 of the 319.73–4 Costs. Plant Quarantine Act of 1912, as amended (7 U.S.C. 159, 160), and after Subpart—Cut Flowers the public hearing required thereunder, the Administrator of the Animal and QUARANTINE Plant Health Inspection Service hereby 319.74 Notice of quarantine. determines that the unrestricted importation into the United States from RULES AND REGULATIONS all foreign countries and localities of 319.74–1 Definitions. (1) any parts or products of plants of 319.74–2 Regulated articles. the genus Gossypium, including seed 319.74–2a Administrative instructions rel- cotton; cottonseed; cotton lint, linters, ative to the cut flower quarantine. 319.74–3 Conditions governing the entry of and other forms of cotton fiber (not in- cut flowers. cluding yarn, thread, and cloth); cot- 319.74–4 Procedure for obtaining permits. tonseed hulls, cake, meal, and other 319.74–5 Notice of arrival. cottonseed products, except oil; cotton

164

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 E:\CFR\174011.024 174011 Animal and Plant Health Inspection Service, USDA § 319.8–1

waste, including gin waste and thread out the purposes of this part that are waste; and any other unmanufactured less stringent than those contained in parts of cotton plants; and (2) second- the regulations. hand burlap and other fabrics, shredded (b) As used in this section the term or otherwise, which have been used or ‘‘United States’’ shall have the mean- are of the kinds ordinarily used, for ing ascribed to it in the regulations containing cotton, grains (including supplemental hereto. grain products), field seeds, agricultural roots, rhizomes, tubers, or other [24 FR 10788, Dec. 29, 1959, as amended at 36 underground crops, may result in the FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972] entry into the United States of the pink bollworm (Pectinophora § 319.8a Administrative instructions gossypiella (Saund.)), the golden nema- relating to the entry of cotton and tode of potatoes Heterodera covers into Guam. rostochiensis Wr.), the flag smut disease (Urocystis tritici Koern.), and The plants and products specified in other injurious plant diseases and in- § 319.8(a) may be imported into Guam sect pests, and said Administrator without further permit, other than the hereby further determines, that, in authorization contained in this para- order to prevent the introduction into graph. Sections 319.8–2 and 319.8–3 shall the United States of said plant diseases not be applicable to such importations. and insect pests, which are new to or In addition, such importations need not heretofore widely prevalent or dis- not comply with the requirements of tributed within and throughout the § 319.8–4 relating to notice of arrival in- United States, it is necessary to forbid asmuch as there is available to the in- the importation into the United States spector the essential information nor- of the plants and products, including mally supplied by the importer at the fabrics, specified above, except as per- time of importation. Sections 319.8–5 mitted in the regulations supplemental through 319.8–27 shall not be applicable hereto. Hereafter the plants and prod- to importations into Guam. Inspection ucts specified above shall not be im- of such importations may be made ported or offered for entry into the under the general authority of United States from any foreign coun- § 330.105(a) of this chapter. If an impor- try or locality except as permitted by tation is found infected, infested, or said regulations, and the plants and contaminated with any plant pest and products permitted by the regulations is not subject to disposal under this to be imported or offered for entry part, disposition may be made in ac- shall be subject to the provisions of cordance with § 330.106 of this chapter. sections 1, 2, 3, and 4 of said Plant REGULATIONS; GENERAL Quarantine Act (7 U.S.C. 154, 156, 157, and 158): Provided, That whenever the § 319.8–1 Definitions. Deputy Administrator of the Plant Protection and Quarantine Programs For the purposes of the regulations shall find the existing conditions as to in this subpart, the following words pest risk involved in the importation of shall be construed, respectively, to the articles to which the regulations mean: supplemental hereto apply, make it (a) Cotton. Parts and products of safe to modify, by making less strin- plants of the genus Gossypium, includ- gent the restrictions contained in any ing seed cotton; cottonseed; cotton of such regulations, he shall publish lint, linters and other forms of cotton such findings in the administrative in- fiber, not including yarn, thread and structions, specifying the manner in cloth; cottonseed hulls, cake, meal, and which the restrictions shall be made other cottonseed products, except oil; less stringent, whereupon such modi- waste; and all other unmanufactured fication shall become effective; or he parts of cotton plants. may, upon request in specific cases, (b) Seed cotton. Cotton as it comes when the public interests will permit, from the field. authorize such importation under con- (c) Cottonseed. Cottonseed from which ditions specified in the permit to carry the lint has been removed.

165

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00165 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–1 7 CFR Ch. III (1–1–97 Edition)

(d) Lint. All forms of raw ginned cot- to Rico, or the Virgin Islands of the ton, either baled or unbaled, except United States. linters and waste. (o) North, northern. When used to des- (e) Linters. All forms of cotton fiber ignate ports of arrival, these terms separated from cottonseed after the mean the port of Norfolk, Virginia, and lint has been removed, excluding so- all Atlantic Coast ports north thereof, called hull fiber. ports along the Canadian border, and (f) Waste. All forms of cotton waste Pacific Coast ports in the States of derived from the manufacture of cotton Washington and Oregon. When used in lint, in any form or under any trade a geographic sense to designate areas designation, including gin waste and or locations, these terms mean any thread waste; and waste products de- State in which cotton is not grown rived from the milling of cottonseed. commercially. However when cotton is Gin trash is not within the definition grown commercially in certain por- of waste. tions of a State, as is the case in Illi- (g) Gin trash. All of the material pro- nois, Kansas, and Missouri, these terms duced during the cleaning and ginning include those portions of such State as of seed cotton, bollies or snapped cot- may be determined by the Deputy Ad- ton except the lint, cottonseed, and gin ministrator of the Plant Protection waste. and Quarantine Programs as remote (h) Covers. Second-hand burlap and from the main area of cotton produc- other fabrics, shredded or otherwise, tion. including any whole bag, any bag that (p) Approved areas of Mexico. Any has been slit open, and any part of a areas of Mexico, other than those de- bag, which have been used, or are of scribed in paragraphs (q) and (r) of this the kinds ordinarily used, for contain- section, which are designated by the ing cotton, grains (including grain Deputy Administrator as areas in products), field seeds, agricultural which cotton and cotton products are roots, rhizomes, tubers, or other under- produced and handled under conditions ground crops. Burlap and other fabrics, comparable to those under which like when new or unused are excluded from cotton and cotton products are pro- this definition. duced and handled in the generally in- (i) Uncompressed. Baled or packaged fested pink bollworm regulated area in to a density not exceeding approxi- the United States. mately 20 pounds per cubic foot. (j) Compressed. Compressed or pressed (q) West Coast of Mexico. The State of and baled or packaged to a density Sinaloa, the State of Sonora (except greater than approximately 20 pounds that part of the Imperial Valley lying and less than approximately 28 pounds between San Luis Mesa and the Colo- per cubic foot. rado River), and the Southern Terri- (k) Compressed to high density. Com- tory of Baja California, in Mexico. pressed or pressed and baled or (r) Northwest Mexico. All of the State packaged to a density of approximately of Baja California, Mexico, and that 28 or more pounds per cubic foot. part of the State of Sonora, Mexico, (l) Contamination (contaminate). Con- lying between San Luis Mesa and the taining or bearing whole cottonseed or Colorado River. seed cotton or other material which (s) Treatment. Procedures administra- may carry the pink bollworm, the gold- tively approved by the Deputy Admin- en nematode of potatoes, the flag smut istrator of the Plant Protection and disease, or other injurious plant dis- Quarantine Programs for destroying eases or insect pests. (The verb con- infestations or infections of insect taminate shall be construed accord- pests or plant diseases, such as fumiga- ingly.) tion, application of chemicals or dry or (m) Samples. Samples of lint, linters, moist heat, or processing, utilization, waste, cottonseed cake, and cottonseed or storage. meal, of the amount and character usu- (t) Permit. A form of authorization to ally required for trade purposes. allow the importation of cotton or cov- (n) United States. Any of the States, ers in accordance with the regulations the District of Columbia, Guam, Puer- in this subpart.

166

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00166 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 Animal and Plant Health Inspection Service, USDA § 319.8–2

(u) Approved. Approved by the Deputy (ee) Approved mill or plant. A mill or Administrator of the Plant Protection plant operating under a signed agree- and Quarantine Programs. ment with the Plant Protection and (v) Approved fumigation facilities. Ap- Quarantine Programs required for approved vacuum fumigation plant at a proval of a mill or plant as specified in port where an inspector is available to § 319.8–8(a)(2). supervise the fumigation. [24 FR 10788, Dec. 29, 1959, as amended at 27 (w) Utilization. Processing or manu- FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, facture, in lieu of fumigation at time 1971; 37 FR 10554, May 25, 1972] of entry, at a mill or plant specifically approved by the Deputy Administrator CONDITIONS OF IMPORTATION AND ENTRY of the Plant Protection and Quarantine OF COTTON AND COVERS Programs. 1 (x) Authorized. Authorized by the § 319.8–2 Permit procedure. Deputy Administrator of the Plant (a) Except as otherwise provided for Protection and Quarantine Programs. in §§ 319.8–10 and 319.8–18, permits shall (y) Deputy Administrator, Plant Protec- be obtained for importations into the tion and Quarantine Programs. The Dep- United States of all cotton and covers. uty Administrator of the Plant Protec- Permits will be issued only for cotton tion and Quarantine Programs, or any and covers authorized entry under officer or employee of the Plant Pro- §§ 319.8–6 through 319.8–20. Persons de- tection and Quarantine Programs to siring to import cotton or covers under whom authority has heretofore been §§ 319.8–6 through 319.8–20 shall, in ad- delegated or may hereafter be dele- vance of departure of such material gated to act in his stead. from a foreign port, submit to the (z) Plant Protection and Quarantine Plant Protection and Quarantine Pro- Programs. The Plant Protection and grams an application 2 stating the Quarantine Programs, Animal and name and address of the importer, the Plant Health Inspection Service, of the country from which such material is to United States Department of Agri- be imported, and the kind of cotton or culture. covers it is desired to import. Applica- (aa) Inspector. A properly identified tions to import cottonseed shall state employee of the U.S. Department of the approximate quantity and the pro- Agriculture or other person authorized posed United States port of entry. Ap- by the Department to enforce the pro- plications to import lint, linters, or visions of the Plant Quarantine Act. waste shall state whether such mate- (bb) Person. Any individual, firm, cor- rials are compressed. poration, company, society, or associa- (b) Applications to import lint, lint- 3 tion, or any organized group of any of ers, or waste at a port other than one in the North, in California, or on the the foregoing. Mexican Border shall also specify (cc) Root crop. The underground crop whether the commodity is compressed portions of any plants. to high density. (dd) Pink bollworm regulated area; gen- (c) Applications for permits may be erally infested pink bollworm regulated made orally or on forms provided for area. The pink bollworm regulated area the purpose by the Plant Protection consists of those States or parts there- and Quarantine Programs, or may be of designated as regulated area in Ad- made by a letter or telegram contain- ministrative Instructions issued under ing all the information required by this § 301.52–2 of this chapter. The generally section. infested pink bollworm regulated area (d) Upon receipt and approval of such is that part of the regulated area des- application by the Plant Protection ignated as generally infested in the said Administrative Instructions. 2 Applications for permits should be made to Plant Importations Branch, Plant Protec- 1 A list of approved mills and plants may be tion and Quarantine Programs, 209 River obtained from the Plant Protection and Street, Hoboken, N.J. 07030. Quarantine Programs, Room 710, U.S. Ap- 3Including ports in Guam, Hawaii, Puerto praisers Stores, 408 Atlantic Ave., Boston, Rico, and the Virgin Islands of the United Mass. 02210. States.

167

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–3 7 CFR Ch. III (1–1–97 Edition)

and Quarantine Programs, an individ- ance with the requirements of this sub- ual or continuing permit will be issued part at a U.S. port of arrival where authorizing the importation and speci- such treating facilities are available. fying the port of entry and the condi- (Approved by the Office of Management and tions of entry. A copy of the permit Budget under control number 0579–0049) will be supplied to the importer. (e) Upon receipt of an application to (44 U.S.C. 35) import lint, linters, waste, or covers, [24 FR 10788, Dec. 29, 1959, as amended at 48 without treatment, for utilization FR 57466, Dec. 30, 1983] under agreement as defined in § 319.8– § 319.8–3 Refusal and cancellation of 8(a)(2), an investigation will be made permits. by an inspector to determine that the receiving mill or plant is satisfactorily (a) Permits for entry from the West located geographically, is equipped Coast of Mexico, as authorized in with all necessary safeguards, and is § 319.8–12 of lint, linters, waste, cotton- apparently in a position to fulfill all seed, and cottonseed hulls may be re- precautionary conditions to which it fused and existing permits cancelled by may agree. Upon determination by the the Deputy Administrator if he has de- inspector that these qualifications are termined that the pink bollworm is fulfilled, the owner or operator of the present in the West Coast of Mexico or mill or plant may sign an agreement in Northwest Mexico, or that other specifying that the required pre- conditions exist therein that would in- cautionary conditions will be main- crease the hazard of pest introduction tained. Such signed agreement will be into the United States. a necessary requisite to the release at (b) Permits for entry from Northwest the port of entry of any imported lint, Mexico as authorized in § 319.8–13 of linters, waste, or covers for forwarding lint, linters, waste, cottonseed, cotton- to and utilization at such mill or plant seed hulls, and covers that have been in lieu of vacuum fumigation or other used for cotton, may be refused and ex- treatment otherwise required by this isting permits cancelled by the Deputy subpart. Permits for the importation of Administrator if he has determined such materials will be issued in accord- that the pink bollworm is present in ance with paragraph (a) of this section. Northwest Mexico or in the West Coast (f) Permits for importation of any of Mexico, or that other conditions cotton or covers are conditioned upon exist therein that would increase the compliance with all requirements set hazard of pest introduction into the forth therein and such additional re- United States. quirements in this subpart as are in [27 FR 5389, June 7, 1962, as amended at 36 FR terms applicable thereto. Failure to 24917, Dec. 24, 1971] comply with any such requirement will be deemed to invalidate the permit. § 319.8–4 Notice of arrival. Permits may also be cancelled or may Immediately upon arrival at a port of be refused as provided in § 319.8–3, or entry of any shipment of cotton or cov- entry denied as provided in §§ 319.8–11, ers the importer shall submit in dupli- 319.8–12, and § 319.8–13. cate, through the United States Collec- (g) If through no fault of the im- tor of Customs, or, in the case of porter a shipment of cotton or covers Guam, through the Customs officer of arrives at a United States port in ad- the Government of Guam, and for the vance of the issuance of a permit, it Plant Protection and Quarantine Pro- may be held, under suitable safeguards grams, a notice of such arrival, on a prescribed by the inspector at the port, form provided for that purpose (Form in Customs custody at the risk of the PQ–368) and shall give such informa- importer, pending issuance of a permit, tion as is called for by that form. for a period not exceeding 20 days. (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 (44 U.S.C. 35) as a condition of entry therein must [24 FR 10788, Dec. 29, 1959, as amended at 48 first be entered and treated in accord- FR 57466, Dec. 30, 1983]

168

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00168 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 Animal and Plant Health Inspection Service, USDA § 319.8–8

§ 319.8–5 Marking of containers. pressed to high density, will be author- Every bale or other container of cot- ized subject to vacuum fumigation by ton lint, linters, waste, or covers im- approved methods at any port where ported or offered for entry shall be approved fumigation facilities are plainly marked or tagged with a bale available. number or other mark to distinguish it (ii) Importations of such lint, linters, from other bales or containers of simi- and waste, arriving at a northern port lar material. Bales of lint, linters, and where there are no approved fumiga- waste from approved areas of Mexico, tion facilities may be entered for the West Coast of Mexico, or Northwest transportation in bond to another Mexico shall be tagged or otherwise northern port where such facilities are marked to show the gin or mill of ori- available, for the required vacuum fu- gin unless they are immediately ex- migation. ported. (iii) Such lint, linters, and waste compressed to high density arriving at (Approved by the Office of Management and a port in the State of California where Budget under control number 0579–0049) there are no approved fumigation fa- (44 U.S.C. 35) cilities may be entered for immediate [27 FR 5389, June 7, 1962, as amended at 48 FR transportation in bond via an all-water 57466, Dec. 30, 1983] route if available, otherwise by overland transportation in van-type trucks § 319.8–6 Cottonseed cake and cotton- or box cars after approved surface seed meal. treatment, or under such other condi- Entry of cottonseed cake and cotton- tions as may be deemed necessary and seed meal will be authorized through are prescribed by the inspector to (a) any port at which the services of an in- any port where approved fumigation fa- spector are available, subject to exam- cilities are available, there to receive ination by an inspector for freedom the required vacuum fumigation before from contamination. If found to be free release, or (b) to an approved mill or of contamination, importations of such plant for utilization. cottonseed cake and cottonseed meal (2) Entry of lint, linters, and waste will be released from further plant compressed to high density, will be au- quarantine entry restrictions. If found thorized without vacuum fumigation at to be contaminated such importations any northern port, subject to move- will be refused entry or subjected as a ment to an approved mill or plant, the condition of entry to such safeguards owner or operator of which has exe- as the inspector may prescribe, accord- cuted an agreement with the Plant ing to a method selected by him from Protection and Quarantine Programs administratively authorized procedures to the effect that, in consideration of known to be effective under the condi- the waiving, of vacuum fumigation as a tions under which the safeguards are condition of entry and the substitution applied. of approved utilization therefor: (i) The lint, linters, and waste so en- § 319.8–7 Processed lint, linters, and tered will be processed or manufac- waste. tured at the mill or plant and until so Entry of lint, linters, and waste will used will be retained thereat, unless be authorized without treatment but written authority is granted by the 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;

169

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–9 7 CFR Ch. III (1–1–97 Edition)

(iii) Inspectors of the Plant Protec- ties are available, for the required vac- tion and Quarantine Programs will uum fumigation. have access to the mill or plant at any (iii) Compressed lint, linters, and reasonable time to observe the meth- waste arriving at a port in the State of ods of handling the material, the dis- California where there are no approved posal of refuse, residues, waste, and fumigation facilities may be entered covers, and otherwise to check compli- for immediate transportation in bond ance with the terms of the agreement; by an all-water route if available, oth- (iv) Such reports of the receipt and erwise by overland transportation in utilization of the material, and dis- van-type trucks or box cars after ap- posal of waste therefrom as may be re- proved surface treatment, or under quired by the inspector will be submit- such other conditions as may be ted to him promptly; deemed necessary and are prescribed by (v) Such other requirements as may the inspector, to any port in California be necessary in the opinion of the Dep- or any northern port where approved uty Administrator of the Plant Protec- fumigation facilities are available, tion and Quarantine Programs to as- there to receive the required vacuum sure retention of the material, includ- fumigation before release, or to any ing all wastes and residues, at the mill northern port for movement to an ap- or plant and its processing, utilization proved mill or plant for utilization. or disposal in a manner that will elimi- (iv) Uncompressed lint, linters, and nate all pest risk, will be complied waste arriving at a port in the State of with. California where there are no approved (3) Failure to comply with any of the fumigation facilities may be entered conditions of an agreement specified in for immediate transportation in bond paragraph (a)(2) of this section may be by an all-water route to any port in cause for immediate cancellation of California or any northern port where the agreement by the inspector and re- approved fumigation facilities are fusal to release, without vacuum fumi- available, there to receive the required gation, lint, linters, and waste for vacuum fumigation before release, or transportation to the mill or plant. to a northern port for movement to an (4) Agreements specified in paragraph approved mill or plant for utilization. (a)(2) of this section may be executed (2) Entry without vacuum fumigation only with owners or operators of mills will be authorized for compressed lint, or plants located in States in which linters, and waste, and for cotton is not grown commercially and uncompressed waste derived from cot- at locations in such other States as ton milled in countries that do not may be administratively designated by produce cotton, 4 arriving at a northern the Deputy Administrator of the Plant port, subject to movement to an ap- Protection and Quarantine Programs proved mill or plant. after due consideration of possible pest risk involved and the proximity of [24 FR 10788, Dec. 29, 1959, as amended at 27 growing cotton. FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, (b) Uncompressed or compressed. (1) (i) 1971] Entry of uncompressed or compressed § 319.8–9 Hull fiber and gin trash. lint, linters, and waste will be authorized, subject to vacuum fumigation by (a) Entry of hull fiber will be author- approved methods, through any north- ized under the same conditions as are ern port, through any port in the State applicable to waste under this subpart. of California, and through any port on the Mexican Border, where approved 4For the purposes of this subpart the fol- fumigation facilities are available. lowing countries are considered to be those (ii) Importations of such lint, linters, in which cotton is not produced: Austria, and waste arriving at a northern port Belgium, Canada, Denmark, Republic of Ire- where there are no approved fumiga- land (Eire), Finland, France, Germany (both tion facilities may be entered for im- East and West), Great Britain and Northern Ireland (United Kingdom), Iceland, Liech- mediate transportation in bond to an- tenstein, Luxembourg, Netherlands, Norway, other northern port where such facili- Portugal, Sweden, and Switzerland. 170

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 Animal and Plant Health Inspection Service, USDA § 319.8–10

(b) Gin trash may be imported only migation or other treatment. Marking under the provisions of § 319.8–20. patches of the finer burlaps or other fabrics when attached to bales of such [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962] bagging may be disregarded if, in the judgment of the inspector, they do not § 319.8–10 Covers. present a risk of carrying live pink (a) Entry of covers (including bags, bollworms, golden nematode cysts or slit bags, and parts of bags) which have flag smut spores. been used as containers for cotton (c) Bags, slit bags, parts of bags, and grown or processed in countries other other covers which have been used as than the United States may be author- containers for root crops or are of a ized either (1) through a Mexican bor- kind ordinarily used as containers for der port named in the permit for vacu- root crops may be authorized entry um fumigation by an approved method subject to immediate treatment in in that part of the United States with- such manner and according to such in the generally infested pink method as the inspector may select bollworm regulated area; or (2) through from administratively authorized pro- a northern port or a port in the State cedures known to be effective under of California subject to vacuum fumi- the conditions under which the treat- gation by an approved method or with- ment is applied, and subject to any ad- out vacuum fumigation when the cov- ditional safeguard measures that may ers are to be moved to an approved mill be prescribed by the inspector pursuant or plant for utilization. When such cov- to § 319.8–24, or that he may prescribe in ers are forwarded from a northern port regard to the manner of discharge from to a mill or plant in California for uti- the carrier and conveyance to the place lization, or from a California port to of treatment: Provided, That such cov- another California or northern port for ers may be authorized entry from Can- vacuum fumigation thereat or for ada without treatment as prescribed in movement to a mill or plant for utili- this paragraph unless the covers are zation such movement shall be made found to be contaminated. by an all-water route unless the bales (d) Bags, slit bags, parts of bags, and are compressed to a density of 20 other covers that have been used as pounds or more per cubic foot in which containers for wheat or wheat products case the bales may be moved overland that have not been so processed as to in van-type trucks or box cars if all- have destroyed all flag smut disease water transportation is not available. spores, or that have been used as con- Such overland movement may be made tainers for field seeds separated from only after approved surface treatment wheat during the process of screening, or under such other conditions as may and which arrive from a country named be deemed necessary and are prescribed in § 319.59 (notice of quarantine No. 59 by the inspector. When such covers ar- relating to the flag smut disease), 5 if rive at a port other than a northern, intended for reuse in this country as California, or Mexican border port they grain containers may be authorized will be required to be transported entry, subject to immediate treatment therefrom immediately in bond by an at the port of arrival. If such covers are all-water route to a northern or Cali- not intended to be reused in this coun- fornia port where approved vacuum fu- try as grain containers their entry may migation facilities are available for be authorized subject to movement for vacuum fumigation thereat by an approved method or for forwarding there- 5 The countries named in § 319.59, the Flag from to an approved mill or plant for Smut Disease Quarantine, are Aden Protec- utilization. torate, Afghanistan, Australia, Bulgaria, (b) American cotton bagging, com- Caucasus (including but not limited to monly known as coarse gunny, which Azerbaidzhan, South Russia, and has been used to cover only cotton Transcaucasia), Chile, China, Cyprus, Egypt, grown or processed in the United Greece, India, Iran, Iraq, Israel, Italy, Japan, States, may be authorized entry at any Oman, Pakistan, Palestine, Portugal, Saudi port under permit and upon compliance Arabia, Sinai Peninsula, Spain, Syria, Trans- Jordan, Tunisia, Turkestan, Turkey, Union with §§ 319.8–4 and 319.8–5, without fu- of South Africa, and Yemen. 171

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00171 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–11 7 CFR Ch. III (1–1–97 Edition)

utilization to an approved mill or plant SPECIAL CONDITIONS FOR THE ENTRY OF the owner or operator of which has exe- COTTON AND COVERS FROM MEXICO cuted an appropriate agreement with the Plant Protection and Quarantine SOURCE: Sections 319.8–11 through 319.8–14 appear at 27 FR 5309, June 7, 1962, unless oth- Programs similar to that described in erwise noted. § 319.8–8(a)(2). Covers coming within this paragraph only, may be entered § 319.8–11 From approved areas of without permit other than the author- Mexico. ization provided in this paragraph and (a) Entry of lint, linters, and waste without other restriction under this (including gin and oil mill wastes) subpart upon presentation to an in- which were derived from cotton grown spector of satisfactory evidence that in, and which were produced and han- they have been used only for grains ex- dled only in approved areas of Mexico 6 ported from the United States and are may be authorized through Mexican being returned empty without use Border ports in Texas named in the abroad and that while abroad they permits have been handled in a manner to pre- (1) For movement into the generally vent their contamination. infested pink bollworm regulated area (e) When upon arrival at a port of such products becoming subject imme- entry any shipment of bags, slit bags, diately upon release by the inspector parts of bags, or other covers, is found to the requirements, in § 301.52 of this to include one or more bales containing chapter, applicable to like products material the importation of which is originating in the pink bollworm regu- regulated by paragraph (a), (c), or (d) of lated area, or this section, the entire shipment, or (2) For movement to an approved any portion thereof, may be required mill or plant for utilization, or by the inspector to be treated as speci- (3) For movement to New Orleans for fied in the applicable paragraph. immediate vacuum fumigation. (f) If upon their arrival at a port of (b) Entry of cottonseed or cottonseed entry covers are classified by the in- hulls in bulk, or in covers that are new spector as coming within more than or which have not been used previously one paragraph of this section, they will to contain cotton or unmanufactured be authorized entry only upon compli- cotton products, may be authorized ance with such requirements of the ap- through Mexican Border ports in Texas plicable paragraphs as the inspector named in the permits, for movement may deem necessary to prevent the in- into the generally infested pink troduction of plant diseases and insect bollworm regulated area when certified pests. by an inspector as having been pro- (g) Notwithstanding the provisions of duced in an approved area and handled any other paragraph of this section the subsequently in a manner satisfactory entry from any country of bags, slit to the inspector. Upon arrival in the bags, parts of bags, and other covers generally infested pink bollworm regu- will be authorized without treatment lated area such cottonseed or cotton- but upon compliance with other appli- seed hulls will be released from further cable sections of this subpart if the in- plant quarantine entry requirements spector finds that they have obviously and shall become subject immediately not been used in a manner that would to the requirements in § 301.52 of this contaminate them or when in the in- chapter. spector’s opinion there is otherwise no plant pest risk associated with their entry. 6 See § 319.8–1(p) for definition of ‘‘Approved areas of Mexico.’’ These are within that part [24 FR 10788, Dec. 29, 1959, as amended at 27 of Mexico not included in the ‘‘West Coast of FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ 1971] (§ 319.8–1(r)).

172

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00172 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 Animal and Plant Health Inspection Service, USDA § 319.8–17

§ 319.8–12 From the West Coast of Mex- permit subject to inspection upon ar- ico. rival to determine freedom from haz- Contingent upon continued freedom ardous plant pest conditions: of the West Coast of Mexico and of (a) Lint, linters, and waste. Northwest Mexico from infestations of (b) Cottonseed. the pink bollworm, entry of the follow- (c) Cottonseed hulls. ing products may be authorized under (d) Covers that have been used for permit subject to inspection to deter- cotton only. mine freedom from hazardous plant pest conditions: § 319.8–14 Mexican cotton and covers (a) Compressed lint and linters. not otherwise enterable. (b) Uncompressed lint and linters for Mexican cotton and covers not movement into the generally infested enterable under § 319.8–11, § 319.8–12, or pink bollworm regulated area, move- § 319.8–13 may be entered in accordance ment thereafter to be in accordance with §§ 319.8–6 through 319.8–10 and with § 301.52 of this chapter. §§ 319.8–16 through 319.8–20 insofar as (c) Compressed or uncompressed cot- said sections are applicable. ton waste for movement under bond to Fabens, Texas, for vacuum fumigation MISCELLANEOUS PROVISIONS after which it will be released from further plant quarantine entry require- § 319.8–16 Importation into United ments. States of cotton and covers ex- (d) Cottonseed when certified by an ported therefrom. inspector as having been treated, (a) Cotton and covers grown, pro- stored, and transported in a manner duced, or handled in the United States satisfactory to the Deputy Adminis- and exported therefrom, and in the trator. original bales or other containers in (e) Untreated, non-certified cotton- which such material was exported seed contained in new bags for move- therefrom, may be imported into the ment by special manifest to any des- United States at any port under per- tination in the generally infested pink mit, without vacuum fumigation or bollworm regulated area, movement other treatment or restriction as to thereafter to be in accordance with utilization, upon compliance with § 301.52 of this chapter. §§ 319.8–2, 319.8–4, and § 319.8–5, and upon (f) Cottonseed hulls when certified by the submission of evidence satisfactory an inspector as having been treated, to the inspector that such material was stored, and transported in a manner grown, produced, or handled in the satisfactory to the Deputy Adminis- United States and does not constitute trator. a risk of introducing the pink (g) Any cotton products for move- bollworm into the United States. ment through Mexican border ports in (b) Cotton and covers of foreign ori- Texas directly into the generally in- gin imported into the United States in fested pink bollworm regulated area, accordance with this subpart and ex- movement thereafter to be in accord- ported therefrom, when in the original ance with § 301.52 of this chapter. bales or other original containers, may [27 FR 5309, June 7, 1962, as amended at 36 FR be reimported into the United States 24917, Dec. 24, 1971] under the conditions specified in paragraph (a) of this section. § 319.8–13 From Northwest Mexico. Contingent upon continued freedom § 319.8–17 Importation for exportation, of Northwest Mexico and of the West and importation for transportation Coast of Mexico from infestations of and exportation; storage. the pink bollworm and other plant pest (a) Importation of cotton and covers conditions that would increase risk of for exportation, or for transportation pest introduction into the United and exportation, in accordance with States with importations authorized this subpart shall also be subject to under this section, entry of the follow- §§ 352.1 through 352.8 of this chapter, as ing products may be authorized under amended.

173

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00173 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–18 7 CFR Ch. III (1–1–97 Edition)

(b) Importation at northern ports of and covers in a manner satisfactory to unfumigated lint, linters, waste, cot- the inspector, and if waste is collected tonseed cake, cottonseed meal and cov- and disposed of in a manner satisfac- ers used only for cotton, for expor- tory to the inspector. Such lint, lint- tation or for transportation and expor- ers, waste, and covers shall remain tation through another northern port, under Customs custody until released may be authorized by the inspector by the inspector. under permit if, in his judgment, such (e) Importation of lint, linters, and procedures can be authorized without waste from Mexico for transportation risk of introducing the pink bollworm. and exportation will be authorized (c) Entry under permit of lint, lint- under permit if such material is com- ers, or waste compressed to high den- pressed before, or immediately upon sity will be authorized for purposes of entering into the United States, or is storage in the north pending expor- compressed while en route to the port tation, fumigation, or utilization in an of export at a compress specifically au- approved mill or plant provided the thorized in the permit. The ports of ex- owner or operator of such proposed port which may be named in the permit storage place has executed an agree- shall be limited to those that have ment with the Plant Protection and been administratively approved for Quarantine Programs similar to those such exportation. Storage of such com- required for mills or plants to utilize pressed cotton may be authorized, in lint, linters, and waste as specified in approved bonded warehouses in Texas. § 319.8–8(a)(2), and provided further that (f) Entry of uncompressed lint, lint- (1) Inspectors are available to super- ers, and waste from Mexico may be au- vise the storage, thorized at ports named in the permit (2) The bales of material to be stored for exportation at ports within the gen- are free from surface contamination, erally infested pink bollworm regu- (3) The material is kept segregated lated area or for transportation and ex- from other cotton and covers in a man- portation via rail to Canada under such ner satisfactory to the inspector, and conditions and over such routes as may (4) The waste is collected and dis- be specified in the permit. posed of in a manner satisfactory to the inspector. [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, (d) Except as provided in § 319.8– 1971] 23(a)(4), compressed lint, linters, and waste, uncompressed waste derived § 319.8–18 Samples. from cotton milled in a non-cotton- (a) Samples of lint, linters, waste, 7 producing country, and covers, arriv- cottonseed cake, and cottonseed meal ing at a port in the north for entry for may be entered without further permit exportation, vacuum fumigation, or other than the authorization contained utilization in accordance with the re- in this section, but subject to inspec- quirements in this subpart, may be al- tion and such treatment as the inspec- lowed movement in Customs custody tor may deem necessary. Samples for storage at a point in the north which represent either such products of pending such exportation, or move- United States origin or such products ment to an approved mill or plant for imported into the United States in ac- vacuum fumigation or utilization, cordance with the requirements of this when there are inspectors available to subpart, and which were exported from supervise such storage, if the bales are the United States, may be entered into free of surface contamination, if they the United States without inspection are kept segregated from other cotton when the inspector is satisfied as to the identity of the samples. 7 For the purposes of this subpart the fol- (b) Samples of cottonseed or seed cot- lowing countries are considered as non-cotton may be entered subject to the con- ton-producing countries: Austria, Belgium, ditions and requirements provided in Canada, Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), §§ 319.8–2, 319.8–4, and 319.8–19. Iceland, Liechtenstein, Luxembourg, Nether- (c) Bales or other containers of cot- lands, Norway, Portugal, Sweden and Swit- ton shall not be broken or opened for zerland. sampling and samples shall not be

174

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00174 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 Animal and Plant Health Inspection Service, USDA § 319.8–24

drawn until the inspector has so au- inspector and to his satisfaction. Con- thorized and has prescribed the condi- tinued approval of the plant will be tions and safeguards under which such contingent upon the granting by the samples shall be obtained. operator thereof, to the inspector, of access to all parts of the plant at all § 319.8–19 Cottonseed or seed cotton reasonable hours for the purpose of su- for experimental or scientific pur- pervising sanitary and other operating poses. conditions, checking the efficacy of the Entry of small quantities of cotton- apparatus and chemical operations, seed or seed cotton for experimental or and determining that wastage has been scientific purposes may be authorized cleaned up and disposed of in a manner through such ports as may be named in satisfactory to the inspector; and upon the permit, and shall be subject to such the maintenance at the plant of condi- special conditions as shall be set forth tions satisfactory to the inspector. in the permit to provide adequate safe- (2) After cotton and covers have been guards against pest entry. vacuum fumigated they shall be so marked under the supervision of an in- § 319.8–20 Importations by the Depart- spector. Such material may thereafter ment of Agriculture. be distributed, forwarded, or shipped Cotton and covers may be imported without further plant quarantine entry by the Department of Agriculture for restriction. experimental or scientific purposes (3) Cotton and covers held by an im- under such conditions as may be pre- porter for vacuum fumigation must be scribed by the Deputy Administrator of stored under conditions satisfactory to the Plant Protection and Quarantine the inspector. Programs, which conditions may in- (4) Prompt vacuum fumigation of clude clearance through the New Crops cotton and covers (other than high den- Research Branch of the Plant Science sity cotton free of surface contamina- Research Division, Agricultural Re- tion) will be required at non-northern search Services. ports. Similar prompt vacuum fumigation will be required at Norfolk, Vir- § 319.8–21 Release of cotton and covers ginia, during the period June 15 to Oc- after 18 months’ storage. tober 15 of each year, except for covers Cotton and covers, the entry of which which have been used to contain only has been authorized subject to vacuum lint, linters, or waste, and the bales of fumigation or other treatment because which are compressed to a density of 28 of the pink bollworm only, and which or more pounds per cubic foot and are have not received such treatment but free of surface contamination. have been stored for a period of 18 (b) An inspector may authorize the months or more will be released from substitution of processing, utilization, further plant quarantine entry restric- or other form of treatment for vacuum tions. fumigation when in his opinion such other treatment, selected by him from § 319.8–22 Ports of entry or export. administratively authorized proce- When ports of entry or export are not dures, will be effective in eliminating specifically designated in this subpart infestation of the pink bollworm. but are left to the judgment of the inspector, the inspector shall designate § 319.8–24 Collection and disposal of only such ports as have been adminis- waste. tratively approved for such entry or ex- (a) Importers shall handle imported, port. unfumigated cotton and covers in a manner to avoid waste. If waste does § 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

175

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00175 Fmt 8010 Sfmt 8010 E:\CFR\174011.025 174011 § 319.8–25 7 CFR Ch. III (1–1–97 Edition)

other vehicles and vessels used for § 319.8–27 Applicability of Mexican transporting such cotton or covers, or Border Regulations. to clean piers, warehouses, fumigation The provisions in this subpart in no plants, mills, or other premises used in way affect the applicability of part 320 connection with importation of such cotton or covers, the importer or his of this chapter, as amended, the Mexi- agent shall perform such cleaning, in a can Border Regulations, to the entry manner satisfactory to the inspector. from Mexico of railway cars or other (c) All costs incident to such collec- vehicles or materials. tion, disposal, and cleaning other than the services of the inspector during his Subpart—Sugarcane regular tour of duty and at the usual place of duty, shall be borne by the im- § 319.15 Notice of quarantine. porter or his agent. (a) On and after October 1, 1934, under § 319.8–25 Costs and charges. authority conferred by the Plant Quar- antine Act approved August 20, 1912 (37 The services of the inspector during Stat. 315; 7 U.S.C. 151–167), as amended, regularly assigned hours of duty and at the importation into the United States the usual places of duty shall be furnished without cost to the importer. of canes of sugarcane, or cuttings or The Plant Protection and Quarantine parts thereof, sugarcane leaves, the ba- Programs will not assume responsibil- gasse, from all foreign countries and ity for any costs or charges, other than localities, is prohibited: Provided, That those indicated in this section, in con- this prohibition shall not apply to im- nection with the entry, inspection, portations by the U.S. Department of treatment, conditioning, storage, for- Agriculture for scientific or experi- warding, or any other operation of any mental purposes, nor to importations character incidental to the physical of specific materials which the Depart- entry of an importation of a restricted ment may authorize under permit on material. condition that they have been or are to be so treated, processed, or manufac- § 319.8–26 Material refused entry. tured that, in the judgment of the De- Any material refused entry for non- partment, their entry will involve no compliance with the requirements of pest risk: Provided further, That when- this subpart shall be promptly removed ever the Deputy Administrator of the from the United States or abandoned Plant Protection and Quarantine Pro- by the importer for destruction, and grams shall find that existing condi- pending such action shall be subject to tions as to pest risk involved in the im- the immediate application of such safe- portation of bagasse and related sugar- guards against escape of plant pests as cane products into Guam, make it safe the inspector may prescribe. If such to modify by making less stringent the material is not promptly safeguarded restrictions of this section with respect by the importer, removed from the to such importation, he shall publish United States, or abandoned for destruction to the satisfaction of the in- such finding in administrative instruc- spector it may be seized, destroyed, or tions, specifying the manner in which otherwise disposed of in accordance the restrictions shall be made less with section 10 of the Plant Quarantine stringent and imposing such conditions Act (7 U.S.C. 164a). Neither the Depart- on such importation as he deems nec- ment of Agriculture nor the inspector essary to carry out the purposes of this will be responsible for any costs accru- section, whereupon such modification ing for demurrage, shipping charges, shall become effective. cartage, labor, chemicals, or other ex- (b) As used in this subpart, unless the penses incidental to the safeguarding context otherwise requires, the term or disposal of material refused entry by ‘‘United States’’ means the States, the the inspector, nor will the Department District of Columbia, Guam, Puerto of Agriculture or the inspector assume Rico, and the Virgin Islands of the responsibility for the value of material United States. destroyed.

176

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00176 Fmt 8010 Sfmt 8010 E:\CFR\174011.026 174011 Animal and Plant Health Inspection Service, USDA § 319.24

§ 319.15a Administrative instructions Rutaceae may be imported into Guam and interpretation relating to entry in accordance with § 319.37–6. into Guam of bagasse and related (d) Plants or plant parts of all gen- sugarcane products. era, species, and varieties of the sub- Bagasse and related sugarcane prod- families Aurantioideae, Rutoideae, and ucts have been so processed that, in the Toddalioideae of the botanical family judgment of the Department, their im- Rutaceae that are regulated articles portation into Guam will involve no under §§ 319.40–1 through 319.40–11 may pest risk, and they may be imported be imported into the United States in into Guam without further permit, accordance with §§ 319.40–1 through other than the authorization contained 319.40–11 and without restriction by in this paragraph. Such importations this subpart. may be made without the submission (e) As used in this section unless the of a notice of arrival inasmuch as there context otherwise requires, the term is available to the inspector the essen- ‘‘United States’’ means the continental tial information normally supplied by United States, Guam, Hawaii, Puerto the importer at the time of importa- Rico, and the Virgin Islands of the tion. Inspection of such importations United States. may be made under the general author- [24 FR 10788, Dec. 29, 1959, as amended at 60 ity of § 330.105(a) of this chapter. If an FR 27674, May 25, 1995] importation is found infected, infested, or contaminated with any plant pest Subpart—Corn Diseases and is not subject to disposal under this part, disposition may be made in QUARANTINE accordance with § 330.106 of this chapter. § 319.24 Notice of quarantine. (a) The fact has been determined by Subpart—Citrus Canker and Other the Secretary of Agriculture, and no- Citrus Diseases tice is hereby given, that maize or In- dian corn (Zea mays L.) and closely re- § 319.19 Notice of quarantine. lated plants are subject to certain inju- (a) In order to prevent the introduc- rious diseases, especially Peronospora tion into the United States of the cit- maydis Raciborski, Sclerospora rus canker disease (Xanthomonas citri sacchari Miyake and other downy mil- (Hasse) Dowson) and other citrus dis- dews; also the Physoderma diseases of eases, the importation into the United maize, Physoderma zeae-maydis Shaw, States of plants or any plant part, ex- and Physoderma maydis Miyake, new cept fruit and seeds, of all genera, spe- to and not heretofore widely prevalent cies, and varieties of the subfamilies or distributed within and throughout Aurantioideae, Rutoideae, and the United States, and that these dis- Toddalioideae of the botanical family eases occur in southeastern Asia (in- Rutaceae is prohibited, except as pro- cluding India, Siam, Indo-China and vided in paragraphs (b), (c), and (d) of China), Malayan Archipelago, Aus- this section. tralia, Oceania, Philippine Islands, (b) Plants or plant parts of all gen- Formosa, Japan, and adjacent islands. era, species, and varieties of the sub- (b) Except as provided for in para- families Aurantioideae, Rutoideae, and graph (d) of this section for corn seed Toddalioideae of the botanical family from New Zealand, on and after July 1, Rutaceae may be imported into the 1916, and until further notice, by virtue 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,

177

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00177 Fmt 8010 Sfmt 8010 E:\CFR\174011.026 174011 § 319.24a 7 CFR Ch. III (1–1–97 Edition)

Japan, and adjacent islands, of seed is available to the inspector from an- and all other portions of Indian corn or other source. Section 319.24–5 shall not maize (Zea mays L.), and the closely be applicable to importations of corn related plants, including all species of into Guam. Such importations shall be Teosinte (Euchlaena), jobs-tears (Coix), subject to inspection at the port of Polytoca, Chionachne, and Sclerachne, entry. Corn found upon inspection to except for experimental or scientific contain disease infection will be sub- purposes by the Department of Agri- ject to sterilization in accordance with culture, except as provided in the regu- methods selected by the inspector from lations supplemental hereto, is prohib- administratively authorized procedures ited: Provided, That whenever the Dep- known to be effective under the condi- uty Administrator of the Plant Protec- tions in which applied. tion and Quarantine Programs shall find that existing conditions as to pest REGULATIONS GOVERNING ENTRY OF risk involved in the importation of the INDIAN CORN OR MAIZE articles to which the regulations supplemental thereto apply, make it safe § 319.24–1 Applications for permits for to modify, by making less stringent, importation of corn. the restrictions contained in any of Persons contemplating the importa- such regulations, he shall publish such tion of corn into the United States findings in administrative instructions, shall, before shipping the corn, make specifying the manner in which the application for a permit, on forms pro- regulations shall be made less strin- vided for that purpose, to the Deputy gent, whereupon such modification Administrator of the Plant Protection shall become effective; or he may, and Quarantine Programs, Department when the public interests will permit, of Agriculture, Washington, DC, stat- with respect to the importation of such ing the name and address of the ex- articles into Guam, upon request in porter, the country and locality where specific cases, authorize such importa- grown, the port of departure, the pro- tion under conditions, specified in the posed port of entry, and the name and permit to carry out the purposes of address of the importer or of the this subpart, that are less stringent broker in the United States to whom than those contained in the regula- the permit should be sent. tions. (c) As used in this subpart, unless the (Approved by the Office of Management and Budget under control number 0579–0049) context otherwise requires, the term ‘‘United States’’ means the States, the (44 U.S.C. 35) District of Columbia, Guam, Puerto [24 FR 10788, Dec. 29, 1959, as amended at 48 Rico, and the Virgin Islands of the FR 57466, Dec. 30, 1983] United States. (d) Seed of Indian corn or maize (Zea § 319.24–2 Issuance of permits. mays L.) that is free from the cob and (a) Upon receipt of an application and from all other parts of corn may be im- upon approval by an inspector a permit ported into the United States from will be issued specifying the conditions New Zealand without further restric- of entry and the port of entry to carry tion. out the purposes of this subpart, and a [24 FR 10788, Dec. 29, 1959, as amended at 58 copy will be supplied to the importer. FR 44745, Aug. 25, 1993] (b) Further permits may be refused and existing permits revoked, if the ap- § 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 3. Such imports need not comply with entry. 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

178

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 E:\CFR\174011.026 174011 Animal and Plant Health Inspection Service, USDA § 319.28

will make it easily possible to associ- filing with the appropriate customs of- ate the bags or containers with a par- ficial of a bond in the amount of $5,000, ticular importation. or in an amount equal to the invoice (Approved by the Office of Management and value of the corn if such value is less Budget under control number 0579–0049) than $5,000, with approved sureties, and conditioned upon sterilization of the (44 U.S.C. 35) corn under the supervision and the sat- [24 FR 10788, Dec. 29, 1959, as amended at 48 isfaction of an inspector of the Plant FR 57466, Dec. 30, 1983] Protection and Quarantine Programs; and upon the redelivery of the corn to § 319.24–4 Notice of arrival of corn by permittee. said customs official within 40 days from the arrival of the corn at the port Immediately upon the arrival of the of entry. corn at the port of entry the permittee shall submit, in duplicate, notice to the Plant Protection and Quarantine Subpart—Citrus Fruit Programs, through the United States NOTE: Citrus nursery stock, except seeds, is Collector of Customs, or, in the case of prohibited entry from all foreign countries Guam, through the Customs officer of and localities by the citrus nursery stock the Government of Guam, on forms quarantine No. 19 (§ 319.19). provided for that purpose, stating the The importation from all foreign countries number of the permit, the number of of fruits of citrus and citrus relatives, other bags or other containers of corn in- than those specified in this subpart, is re- cluded in the shipment, the bag or stricted by the provisions of fruit and vege- other container numbers or marks, the table quarantine No. 56 (§§ 319.56 to 319.56–8). country and locality where the corn § 319.28 Notice of quarantine. was grown, the name and address of the exporter or foreign shipper, the port of (a) Under the authority conferred by departure, the date of arrival, the sections 5, 7, and 9 of the Plant Quar- name of the ship or vessel, and the des- antine Act of 1912 (7 U.S.C. 159, 160, ignation of the dock where the corn is 162), and having held the public hearing to be landed. required thereunder, the Secretary of Agriculture does hereby declare, (1) (Approved by the Office of Management and that in order to prevent the introduc- Budget under control number 0579–0049) tion into the United States of the cit- (44 U.S.C. 35) rus canker disease Xanthomonas [24 FR 10788, Dec. 29, 1959, as amended at 48 campestris pv. citri (Hasse) Dye the im- FR 57466, Dec. 30, 1983] portation into the United States of all fruits and peel of all genera, species, § 319.24–5 Condition of entry. and varieties of the subfamilies The corn shall not be removed from Aurantioideae, Rutoideae, and the port of entry, nor shall any bag or Toddalioideae of the botanical family other container thereof be broken or Rutaceae from eastern and southeast- opened, except for the purpose of steri- ern Asia (including India, Burma, Cey- lization, until a written notice is given lon, Thailand, Indochina, and China), to the United States Collector of Cus- the Malay Archipelago, the Philippine toms, or, in the case of Guam, the Cus- Islands, Oceania (except Australia and toms officer of the Government of Tasmania), Japan and adjacent islands, Guam, by an inspector of the Plant the Republic of Korea, Formosa, Mau- Protection and Quarantine Programs, ritius, Seychelles, Brazil, and Para- that the corn has been properly steri- guay is prohibited; (2) that in order to lized and released for entry without prevent the introduction into the Unit- further restrictions so far as the juris- ed States of sweet orange scab (Elsinoe diction of the Department of Agri- australis Bitanc. and Jenkins) the im- culture extends thereto. All apparatus portation into the United States of and methods for accomplishing such fruits and peel of all species and vari- sterilization must be satisfactory to eties of the genus Citrus, including the Plant Protection and Quarantine among others Citrus aurantifolia Programs. Corn will be delivered to the (Christm.) Swingle, C. aurantium L., C. permittee for sterilization, upon the hystrix DC., C. limon (L.) Burm. f., C.

179

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 E:\CFR\174011.026 174011 § 319.28 7 CFR Ch. III (1–1–97 Edition)

paradisi Macf., C. reticulata Blanco, and Ponkan (C. reticulata); Unshu (C. C. sinensis (L.) Osbeck; and Fortunella unshiu Marcovitch, Tanaka [Citrus margarita (Lour.) Swingle, from Argen- reticulata Blanco var. unshu, Swingle]); tina, Brazil, Paraguay, and Uruguay, is and Yuzu (C. junos). The buffer zones prohibited; and (3) that in order to pre- must be inspected and found free of cit- vent the introduction into the United rus canker and prohibited plant mate- States of the bacterial disease known rial by qualified plant protection offi- as ‘‘Cancrosis B’’ the importation into cers of both Japan and the United the United States of fruits and peel of States. all species and varieties of the genus (2) Inspection of the Unshu oranges Citrus, including among others Citrus shall be performed jointly by plant pro- aurantifolia (Christm.) Swingle, C. tection officers of the country of origin aurantium L., C. limon (L.) Burm. f., C. and the United States in the groves medica L., and C. sinensis (L.) Osbeck, prior to and during harvest, and in the from Argentina, Paraguay, and Uru- packinghouses during packing oper- guay, is prohibited: Provided, That ations. seeds and processed peel of fruits des- (3) Before packing, such oranges shall ignated herein are excluded from the be given a surface sterilization as pre- provisions of this quarantine. Such scribed by the U.S. Department of Ag- seeds, however, are subject to the re- riculture. quirements of the Nursery Stock, (4) The identity of the fruit shall be Plant and Seed Quarantine No. 37 maintained in the following manner: (§§ 319.37 to 319.37–27). (i) On its tissue paper wrapping, and (b) The prohibition does not apply to on the individual box in which such or- Unshu oranges (Citrus reticulata Blanco anges are shipped, there is to be var. unshu, Swingle [Citrus unshiu stamped or printed a statement speci- Marcovitch, Tanaka]), also known as fying the States into which the Unshu Satsuma, grown in Japan or on Cheju oranges may be imported, and from Island, Republic of Korea, and im- which they are prohibited removal ported under permit into any area of under a Federal plant quarantine. the United States except for American (ii) Each shipment of oranges handled Samoa, Arizona, California, Florida, in accordance with these procedures Louisiana, the Northern Mariana Is- shall be accompanied by a certificate lands, Puerto Rico, Texas, and the Vir- of the plant protection service of the gin Islands of the United States: Pro- country of origin certifying that the vided, that each of the following safe- fruit is apparently free of citrus canker guards is fully carried out: disease. (1) The Unshu oranges must be grown (5) [Reserved] and packed in isolated, canker-free ex- (6) The Unshu oranges may be import areas established by the plant pro- ported into the United States only tection service of the country of origin. through a port of entry listed in Only Unshu orange trees may be grown § 319.37–14 of this part, except that the in these areas, which must be kept free importation is prohibited through of all citrus other than the propagative ports of entry located in American material of Unshu oranges. The export Samoa, Arizona, California, Florida, areas must be inspected and found free Louisiana, the Northern Mariana Is- 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

180

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.34

fruits and peel designated in paragraph the Deputy Administrator to enforce (a)(1) of this section. the regulations in this subpart. (e) Importations allowed in para- [32 FR 7959, June 2, 1967, as amended at 36 FR graphs (b), (c), and (d) of this section 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; shall be subject to the permit and 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, other requirements under the Fruits 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, and Vegetables Quarantine (§ 319.56). Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR (f) All salary, travel, and subsistence 39103, 39104, Aug. 1, 1995] expenses incident to the assignment of personnel of the U.S. Department of Subpart—Bamboo Capable of Agriculture to such operations in the Propagation country of origin of the Unshu oranges shall be paid by those requesting the § 319.34 Notice of quarantine. service of such personnel. (a) In order to prevent the introduc- (g) The term United States means the tion into the United States of dan- States, District of Columbia, American gerous plant diseases, including bam- Samoa, Guam, the Northern Mariana boo smut (Ustilago shiraiana), the im- Islands, Puerto Rico, and the Virgin Is- portation into the United States of any lands of the United States. variety of bamboo seed, bamboo plants, (h) Any permit that has been issued or bamboo cuttings capable of propaga- for the importation of Unshu oranges tion,1 including all genera and species may be withdrawn by an inspector of Bambuseae, is prohibited unless im- orally or in writing, if he or she deter- ported: mines that the holder of the permit has (1) For experimental or scientific not complied with any of the condi- purposes by the United States Depart- tions in the regulations. The holder of ment of Agriculture; the permit shall be informed orally or (2) For export, or for transportation in writing of the reasons for the with- and exportation in bond, in accordance drawal. If the withdrawal is oral, the with §§ 352.2 through 352.15 of this chap- decision and the reasons for the with- ter; or, drawal will be confirmed in writing as (3) Into Guam in accordance with promptly as circumstances allow. Any § 319.37–4(b). person whose permit has been with- (b) As used in this subpart, unless the drawn may appeal the decision in writ- context otherwise requires, the term ing to the Deputy Administrator with- ‘‘United States’’ means the States, the in ten (10) days after receiving the District of Columbia, Guam, Puerto written notification of the withdrawal. Rico, and the Virgin Islands of the The appeal must state all of the facts United States. and reasons upon which the person relies to show that the permit was wrongfully withdrawn. As promptly as circumstances allow, the Deputy Ad- ministrator will grant or deny the appeal, in writing, stating the reasons for 1 Regulations concerning the importation the decision. A hearing will be held to into the United States of bamboo not capable of propagation are set forth in §§ 319.40–1 resolve any conflict as to any material through 319.40–11. fact. Rules of practice concerning a 1 The Plant Protection and Quarantine hearing will be adopted by the Deputy Program also enforces regulations promul- Administrator. gated under the Endangered Species Act of (i) The term inspector means any em- 1973 (P.L. 93–205, as amended) which contains ployee of Plant Protection and Quar- additional prohibitions and restrictions on antine, Animal and Plant Health In- importation into the United States of arti- spection Service, who is authorized by cles subject to this subpart (See 50 CFR parts 17 and 23).

181

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37 7 CFR Ch. III (1–1–97 Edition)

Subpart—Nursery Stock, Plants, (c) No person shall remove any re- Roots, Bulbs, Seeds, and Other stricted article from the port of first Plant Products 1, 2 arrival unless and until a written notice is given to the collector of customs by the inspector that the restricted ar- SOURCE: 45 FR 31585, May 13, 1980, as ticle has satisfied all requirements amended at 60 FR 27674, May 25, 1995. under this subpart. § 319.37 Prohibitions and restrictions [57 FR 43144, Sept. 18, 1992] on importation; disposal of articles refused importation. § 319.37–1 Definitions. (a) No person shall import or offer for Terms used in the singular form in entry into the United States any pro- this subpart shall be construed as the hibited article, except as otherwise plural, and vice versa, as the case may provided in § 319.37–2(c) of this subpart. demand. The following terms, when No person shall import or offer for used in this subpart, shall be con- entry into the United States any re- strued, respectively, to mean: stricted article except in accordance Bulbs. The portion of a plant com- with this subpart. monly known as a bulb, bulbil, bulblet, (b) The importer of any article denied corm, cormel, rhizome, tuber, or pip, entry for noncompliance with this sub- and including fleshy roots or other un- part must, at the importer’s expense derground fleshy growths, a unit of and within the time specified in an emergency action notification (PPQ which produces an individual plant. Form 523), destroy, ship to a point out- Clean well water. Well water that does side the United States, or apply treat- not contain plant pathogens or other ments or other safeguards to the arti- plant pests. cle, as prescribed by an inspector to Deputy Administrator. The Deputy Ad- prevent the introduction into the Unit- ministrator of the Animal and Plant ed States of plant pests. In choosing Health Inspection Service, U.S. Depart- which action to order and in setting ment of Agriculture for the Plant Pro- the time limit for the action, the in- tection and Quarantine Programs, or spector shall consider the degree of any other officer or employee of the pest risk presented by the plant pest Department to whom authority to act associated with the article, whether in his/her stead has been or may here- the article is a host of the pest, the after be delegated. types of other host materials for the Disease. The term in addition to its pest in or near the port, the climate common meaning, includes a disease and season at the port in relation to agent which incites a disease. the pest’s survival range, and the avail- Earth. The softer matter composing ability of treatment facilities for the part of the surface of the globe, in dis- article. tinction from the firm rock, and including the soil and subsoil, as well as 1 The Plant Protection and Quarantine finely divided rock and other soil for- Programs also enforces regulations promul- mation materials down to the rock gated under the Endangered Species Act of layer. 1973 (Pub. L. 93–205, as amended) which con- Europe. The continent of Europe, the tain additional prohibitions and restrictions British Isles, Iceland, the Azores, and on importation into the United States of ar- the islands in the Mediterranean Sea. ticles subject to this subpart (See 50 CFR parts 17 and 23). From. An article is considered to be 2 One or more common names of articles ‘‘from’’ any country or locality in are given in parentheses after most scientific which it was grown. Provided, That an names (when common names are known) for article imported into Canada from an- the purpose of helping to identify the arti- other country or locality shall be con- cles represented by such scientific names; sidered as being solely from Canada if however, unless otherwise specified, a ref- it meets the following conditions: erence to a scientific name includes all articles within the category represented by the (a) It is imported into the United scientific name regardless of whether the States directly from Canada after hav- common name or names are as comprehen- ing been grown for at least 1 year in sive in scope as the scientific name. Canada,

182

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–1

(b) It has never been grown in a coun- Inspector. Any employee of the Plant try from which it would be a prohibited Protection and Quarantine Programs, article or grown in a country other Animal and Plant Health Inspection than Canada from which it would be Service, U.S. Department of Agri- subject to conditions of § 319.37–5 (c), culture, or other person, authorized by (d), (e), (f), (g), (h), (i), (j), (k), (l), or the Deputy Administrator in accord- (m) of this subpart, or subject to condi- ance with law to enforce the provisions tions of § 319.37–6 of this subpart, of the regulations in this subpart. (c) It was not grown in a country or Nursery stock. All field-grown florist’s locality from which it would be subject stock, trees, shrubs, vines, cuttings, to conditions of § 319.37–7 of this sub- grafts, scions, buds, fruit pits, and part unless it was grown in Canada other seeds of fruit and ornamental under postentry growing conditions trees or shrubs, and other plants and equivalent to those specified in § 319.37– plant products for propagation, except 7 3 of this subpart, and field, vegetable, and flower seeds, bed- (d) It was not imported into Canada ding plants, and other herbaceous in growing media. plants, bulbs, and roots. Indexing. A procedure for using plant Oceania. The islands of Micronesia, material or its extracts to determine Melanesia, and Polynesia (except Ha- the presence or absence of one or more waii, Guam, and the Northern Mariana pests in or on the tested plant mate- Islands) in the central and southern rial. For the purposes of this subpart, Pacific Ocean. indexing is performed in foreign coun- Person. An individual, corporation, tries to test the parent stock of des- company, society, or association. ignated articles that must meet special Phytosanitary certificate of inspection. foreign inspection and certification re- A document relating to a restricted ar- quirements in accordance with § 319.37– ticle, which is issued by a plant protec- 5 to be eligible for importation into the tion official of the country in which United States. The results of indexing the restricted article was grown, which tests are used by the plant protection is issued not more than 15 days prior to services of foreign countries to issue shipment of the restricted article from phytosanitary certificates declaring the country in which grown, which is plant articles free of specified diseases. addressed to the plant protection serv- The following indexing procedures are ice of the United States (Plant Protec- authorized for use with the specified tion and Quarantine Programs), which plant genera, if the procedures are per- contains a description of the restricted formed using protocols acceptable to article intended to be imported into the plant protection service that issues the United States, which certifies that phytosanitary certificates based on the article has been thoroughly in- them: mechanical transmission of the spected, is believed to be free from in- pest to an indicator plant for Dianthus, jurious plant diseases, injurious insect Malus, Prunus, Rubus, and Syringa; pests, and other plant pests, and is oth- graft transmission of the pest to an in- erwise believed to be eligible for impor- dicator plant for Chaenomeles, Cydonia, tation pursuant to the current Malus, Prunus, Pyrus, Rubus, and Sy- phytosanitary laws and regulations of ringa; serology for Dianthus, Malus, the United States, and which contains Prunus, Pyrus, Rubus, and Syringa; elec- any specific additional declarations re- tron microscopy for Dianthus and quired under this subpart. Prunus, and nucleic acid probes for Plant pest. The egg, pupal, and larval Chaenomeles, Cydonia, Malus, and stages as well as any other living stage Pyrus. of: Any insects, mites, nematodes, slugs, snails, protozoa, or other inver- 3 Currently only Chaenomoles spp. (flower- tebrate animals, bacteria, fungi, other ing quince), Cydonia spp. (quince), Malus spp. parasitic plants or reproductive parts (apple, crabapple); Prunus spp. (almond, apri- thereof, viruses, or any organisms cot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and Pyrus spp. similar to or allied with any of the (pear) are required under the laws of Canada foregoing, or any infectious substances, to be grown in Canada under such equivalent which can directly or indirectly injure conditions after importation. or cause disease or damage in any

183

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–2 7 CFR Ch. III (1–1–97 Edition)

plants or parts thereof, or any proc- Secretary. The Secretary of Agri- essed, manufactured, or other products culture, or any other officer or em- of plants. ployee of the Department of Agri- Plant Protection and Quarantine Pro- culture to whom authority to act in grams. The organizational unit within his/her stead has been or may hereafter the Animal and Plant Health Inspec- be delegated. tion Service, U.S. Department of Agri- Soil. The loose surface material of the culture, delegated responsibility for earth in which plants, trees, and shrubs enforcing provisions of the Plant Quar- grow, in most cases consisting of dis- antine Act, the Federal Plant Pest Act, integrated rock with an admixture of and related laws, and regulations pro- organic material and soluble salts. mulgated thereunder. Solanum spp. true seed. Seed produced Port of first arrival. The land area by flowers of Solanum capable of germi- (such as a seaport, airport, or land bor- nating and producing new Solanum plants, as distinguished from Solanum der station) where a person, or a land, tubers, whole or cut, that are referred water, or air vehicle, first arrives after to as Solanum seeds or seed potatoes. entering the territory of the United Spp. (species). All species, clones, States, and where inspection of articles cultivars, strains, varieties, and hy- is carried out by inspectors. brids, of a genus. Potable water. Water which is ap- State Plant Regulatory Official. The of- proved for drinking purposes by the na- ficial authorized by the State to sign tional or local health authority having agreements with Federal agencies in- jurisdiction. volving operations of the State plant Prohibited article. Any nursery stock, protection agency. plant, root, bulb, seed, or other plant United States. The States, District of product designated in § 319.37–2 (a) or Columbia, Guam, Northern Mariana Is- (b), except wood articles regulated lands, Puerto Rico, and the Virgin Is- under §§ 319.40–1 through 319.40–11, lands of the United States. ‘‘Subpart—Logs, Lumber, and Other Unmanufactured Wood Articles.’’ [45 FR 31585, May 13, 1980, as amended at 50 FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, Restricted article. Any class of nursery 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, stock or other class of plant, root, July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR bulb, seed, or other plant product, for 27674, May 25, 1995] or capable of propagation, excluding any prohibited articles listed in § 319.37–2 Prohibited Articles. § 319.37–2 (a) or (b) of this subpart, ex- (a) The following listed articles from cluding any articles subject to any re- the designated countries and localities stricted entry orders in 7 CFR part 321 are prohibited articles and are prohib- (i.e., potatoes), and excluding any arti- ited from being imported or offered for cles regulated in 7 CFR 319.8 through entry into the United States except as 319.34 or 319.41 through 319.74–7. provided in § 319.37–2(c) of this subpart.

184

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–2 (Bojer); Barclay (Mul- Pucciniastrum (M. Wils.) Hahn (Douglas fir (Wallr.) Ung. (a rust causing Opogona sacchari Aecidium mori spp.;

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 importation 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 §

185

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–2 7 CFR Ch. III (1–1–97 Edition) in

Chaenomeles

Uromyces gladioli

Dryocosmus kuriphilus Bub. (rust), hibited article

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. Yasumatsu (gall wasp). P. Henn. (rust), cadang disease. 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- 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) ...... 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 tions for importation in § 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. (fishtail palm) spp. (other than spp. (cedar) . 301.38±2a of this chapter 319.37±5(b) only if specifically mentioned) all species and horticultural varieties not designated as resistant to black stem rust in accordance with § chapter) this chapter) ing seed) (Coconut seed without husk or without milk may be imported into the United States in accordance with § to an eradication State listed in § (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § palm) themum) quince) not meeting the conditions for importation in § nucifera Prohibited article (includes seeds Berberis Berberis Berberis Blighia sapida (akee) Borassus Caryota Castanea Cedrus Chaenomeles Chrysalidocarpus Chrysanthemum Cocos Cocos nucifera Corypha Crocosmia

186

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–2 319.37± in §

Uromyces gladioli

Cydonia Bub. (rust), (Brown) Dowson (Canker and dwarfing disease of 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. 5(b)(1). 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 mottle 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. 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: 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 ° ...... Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90 All 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. (quince) not meeting spp. (sentry palm) not spp. (llumepalm) spp spp. (oil palm) 319.37±5(b) 319.37±5(n) the conditions for importation in § meeting the conditions in § cottontree) ceous spp. only) meeting the conditions for importation in § themum) rose mallow)

Cydonia Datura Dendranthema Dictyosperma Elaeis Erianthus Eucalyptus Euonymus Fabaceae (=Leguminosae) (herba- Fragaria Fraxinus Gaussia Gladiolus Gossypium Hibiscus Howea Hydragea Hyophorbe Ipomoea Jasminum

187

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–2 7 CFR Ch. III (1–1–97 Edition) hibited article (Ishiyama) Dye. (Ishiyama) Dye.

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). mosaic diseases. cadang disease. cadang disease. Plant pests existing in the places named and capable of being transported with pro- 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 ...... Foreign places from which prohibited ...... rope, and Japan 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 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. (fan palm) spp. (mahonia) (plants of spp. (cutgrass) seed only spp spp. seed (lentil) spp. (larch) 301.38±2(a) of this chapter only if specifically mentioned) chapter) species and horticultural varieties not designated as resistant to black stem rust in accordance with § articles are included under eradication State listed in § (plants of all species and horticultural 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 varieties not designated as resistant to black stem rust in accordance with § chapter Prohibited article (includes seeds Juniperus Larix Latania Leersia Lens Leptochloa Ligustrum Livistona Mahoberberis Mahoberberis Mahoberberis Mahonia

188

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–2 Matile- 319.37± in §

Malus Wals. (Avocado seed moth); (Arthand-Berthet) Starr (Bac- (DC) Savile. (Rhododendron-

Phenococcus manihotis

rhododendri

Stenoma catenifer

Xanthomonas manihotis (M. Wils.) Hahn (Douglas fir canker). F. (mango weevil). (Bondar) (cassava mite); Pers. (Black stem rust). 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 mosaic virus; Cassava common mosaic virus. spruce needle rust). Ferrero (cassava mealybug); Mononychellus tanajoa Conotrachelus pines.) 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. Puccinia graminis Puccinia graminis Cryptorhynchus mangiferae Heilipus lauri Chrysomyxa ledi Phacidiopycnis pseudotsuga Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard Gall-forming rust...... Dominica, French Guiana, Guadeloupe, Martinique, and St. Lucia) and the geographic area formerly known as Union of Soviet Socialist Republics All 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. All Japan...... 301.38±1 of ...... 319.37±5(b) . spp. (mazaripalm) spp. (mock orange) spp spp. (palm) spp. (mango) seed only spp. (mahonia) destined spp. seed spp. (date) spp. (cassava) spp. (avocado) seed spp. (apple, crabapple) not spp. (mulberry) spp. (spruce) spp. (pine) (2- or 3-leaved) 301.38±2(a) of this chapter (plants of all species and horticultural varieties designated as resistant to black stem rust in accordance with § to an eradication State listed in § this chapter) meeting the conditions for importation in §

Mahonia Mahonia Malus Mangifera Manihot Mascarena Morus Nannorrhops Neodypsis Persea Philadelphus Phoenix Picea Pinus

189

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–2 7 CFR Ch. III (1–1–97 Edition) 319.37± 319.37± in § in §

Pyrus

Prunus hibited article (M. Wils.) Hahn (Douglas fir canker). (Harteg) Dennis (European larch canker). Ride (Canker). Imazeki (White rot); a gall-forming rust. (Day) Chester (Watermark disease). cadang disease. cadang disease. 5(b)(1). 5(b)(1). 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- 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 including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for Black currant reversion agent. Rose wilt virus. Fruit flies, or other injurious insects. A wide diversity of plant diseases, including but not limited to: banana streak virus, bar- Xanthomonas populi Lachnellula willkommii Phacidiopycnis pseudotsuga Stereum hiugense Erwinia salicis ...... Foreign places from which prohibited ...... rope, and Japan Republic (East), Great Britain, and The Netherlands All All Provinces of New Brunswick and Nova Scotia in Canada, Eu- All Europe and New Zealand Australia, Bulgaria, Italy, and New Zealand Europe Europe Japan Federal Republic of Germany (West), German Democratic All All All except Canada All except Canada ...... ) not meeting ...... spp. (Douglas fir)

Cerasus spp. (golden larch) spp spp. (palm) spp. (almond, apricot, spp. (oak) . spp. (aspen, cottonwood, spp. seed only (almond, spp. (pear) not meeting the spp. (currant, gooseberry) spp. (rose) spp. (willow) 319.37±5(j) 319.37±5(b) 319.37±5(b) only if specifically mentioned) the conditions for importation in § apricot, nectarine, peach, plum, and prune, but not species in subgenus grains and grasses) conditions for importation in § poplar) cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the conditions for importation in § Prohibited article (includes seeds Poaceae (vegetative parts of all Populus Pritchardia Prunus Prunus Pseudolarix Pseudotsuga Pyrus Quercus Ravenea Ribes Rosa Salix Seeds of all kinds when in pulp

190

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–2 Talbot 319.37± Tabor and

Acrocercops in §

Monilia roreriÐ

Vitis Uromyces gladioli Bub. (rust), spp. beetles and

Oncobasidum theobromae (watery pod rot), cocoa isolates of

Trachysphaera fructigena

Xyleborus et al. (Ishiyama) Dye.

Uredo gladioli-buettneri Syd. (rust).

oryzae pv. (Stahel) Singer (witches broom fungus), Ellis and Halst (wilts), (CiF.) H.C. Evans Doidge (rust),

U. nyikensis (Thuem.) Wint. (rust). (Snellen) (cocoa moth). P. Henn. (rust). virus, cocoa mottle leaf yellow mosaic necrosis cadang disease. cadang disease. P. Henn. (rust), Bunting (mealy pod agents of cushy gall disease), 5(b)(1). and Keane (vascular streak die-back), strain); arracacha virus B; potato yellowing virus. dulcamara mottle virus; tomato blackring tobacco rattle potato virus Y (tobacco veinal necrosis strain); potato purple top wilt agent; marginal flavescence agent; potato purple top roll witches broom stolbur parastolbur agent; potato leaflet stunt spindle tuber viroid; arracacha virus B; potato yellowing virus. Crinipellis perniciosa Moniliophthora rorei Ceratocystis fimbriata cramella A diversity of diseases including but not limited to those specified for Elm mottle virus. 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: Lethal yellowing disease; Cadang- Elm mottle virus. Andean potato latent virus, virus T, tobacco ringspot (Andean calico Mountain ash variegation or ringspot mosaic disease. Andean potato latent virus; mottle mop top Puccinia mccleanii U. transversalis U. gladioli Xanthomonas campestris ...... South latitudeÐ ° and 44 ° ...... 319.37±5(o)) ...... (that area of Chile between 39 see § Europe All All except Canada, New Zealand, and the X region of Chile Africa All Argentina, Uruguay Czechoslovakia, Denmark, Federal Republic of Germany Europe All All Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All except Canada. All except Canada ...... articles are in- . . . . spp. (windmill palm) ......

spp. (cacao) Zizania spp. true seed (tuber spp. (bugle lily) spp. (elm) (including spp. (lilac) not meeting . spp spp. (wild rice) seed only spp. (mountain ash) spp. (grape) not meeting the 319.37±5(b) 319.37±5(i) seeds) conditions for importation in § cluded under Poaceae) ing species onlyÐSection Tuberarium) (excluding potato tubers which are subject to 7 CFR part 321) (all other bearing species onlyÐSection Tuberarium) the conditions for importation in §

Solanum spp. (potato) (tuber bear- Solanum Sorbus Syringa Theobroma Trachycarpus Ulmus Veitchia Vitis Watsonia Zizania

191

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–2 7 CFR Ch. III (1–1–97 Edition)

(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 produced 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 produced 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]

192

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–3

§ 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.

193

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–4 7 CFR Ch. III (1–1–97 Edition)

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 inspector 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 circumstances 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 (44 U.S.C. 35) Administrator within ten (10) days 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, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, state all of the facts and reasons upon Feb. 16, 1995] which the person relies to show that the permit was wrongfully withdrawn. § 319.37–4 Inspection, treatment, and The Deputy Administrator shall grant phytosanitary certificates of inspec- or deny the appeal, in writing, stating tion. the reasons for the decision as promptly as circumstances permit. If there is (a) Phytosanitary certificates of inspection. Any restricted article offered for importation into the United States 5 Section 105 of the Federal Plant Pest Act (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- or, in the case of greenhouse-grown gency measure in order to prevent the dis- plants from Canada imported in ac- semination of any plant pest new to or not cordance with paragraph (c) of this sec- theretofore known to be widely prevalent or distributed within and throughout the Unit- tion, a certificate of inspection in the ed 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- tached to each carton of the articles priate, subject to provisions in section 105 (b) and to an airway bill, bill of lading, or and (c) of the Act (7 U.S.C. 150ee (b) and (c)), 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 stricted article may be sampled and in- by or contains any plant pest at the time of spected by an inspector at the port of such movement. Section 10 of the Plant first arrival and/or under preclearance Quarantine Act (7 U.S.C. 164a) and sections 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 in the Plant Protection and Quarantine the provisions of this subpart.

194

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–5

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 Unit- an agreement with the Plant Protec- ed 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 visible 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 reference 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

195

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–5 7 CFR Ch. III (1–1–97 Edition)

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 protection 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 diseases 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.

196

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–5

(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-

197

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–5 7 CFR Ch. III (1–1–97 Edition)

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 Unit- contains an accurate additional dec- ed 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

198

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–6

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 certificate 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, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, article is of a nonvariegated variety of Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; A. palmatum or A. japonicum. 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.

199

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–7 7 CFR Ch. III (1–1–97 Edition)

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 Unit- 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996] ed States shall be treated for possible infestation with Brachycerus spp. and § 319.37–7 Postentry quarantine. 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 minutes, and then immersed for a period of Abelmoschus spp. All except Africa, Bangladesh, (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. hypochlorite at a pH of 6.0 to 7.5. Acacia spp. (acacia) ... All except Australia, Canada, and (f) Seeds of Castanea and Quercus Oceania. Acer spp. (maple) ...... All except Canada, Europe, and from all countries except Canada and Japan. Mexico at the time of arrival at the Actinidia spp. (Chinese All except Australia, Canada, port of first arrival in the United gooseberry, kiwi). Japan, New Zealand, and Tai- States shall be treated for possible in- wan. Aesculus spp. All except Canada, Czechoslovakia, festation with Curculio elephas (horsechestnut). Federal Republic of Germany, (Cyllenhal), C. nucum L., Cydia Romania, and the United King- (Laspeyresia) splendana Hubner, dom. 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

200

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–7

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 longitude. 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 exportation 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 geographic area formerly known as the Union of Soviet Socialist Re- publics.

201

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–7 7 CFR Ch. III (1–1–97 Edition)

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 articles). 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, Japa- and Siberia. nese 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, span- Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- ish 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.

202

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–7

(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 inspection 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 Unit- plant material is eligible to be released ed 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 quarantine; 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

203

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00203 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–7 7 CFR Ch. III (1–1–97 Edition)

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.

204

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–8

agreement, destroy, ship to a point kind of article (including increase outside the United States, move to an therefrom), the types of other host ma- authorized postentry quarantine site, terials for the pest in or near the grow- and/or apply treatments or other safe- ing site, the climate and season at the guards to the article, the increase site in relation to the pest’s survival, therefrom, or any portion of the article and the availability of treatment fa- or the increase therefrom, as pre- cilities. 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 treatments 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, 1994; 61 FR 51210, Oct. 1, 1996] ment, or may require that the person named in the notification must destroy, ship to a point outside the Unit- § 319.37–8 Growing media. ed States, or apply treatments or other (a) Any restricted article at the time safeguards to the article, the increase of importation or offer for importation therefrom, or any portion of the article into the United States shall be free of or the increase therefrom, within the sand, soil, earth, and other growing time specified in the emergency action media, except as provided in paragraph notification. In choosing which action (b), (c), (d) or (e) of this section. to order and in setting the time limit (b) A restricted article from Canada, for the action, the inspector shall con- other than from Newfoundland or from sider the degree of pest risk presented that portion of the Municipality of by the plant pest(s) associated with the Central Saanich in the Province of

205

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–8 7 CFR Ch. III (1–1–97 Edition)

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 Unit- graph must be grown in compliance ed States of the descendent plants, pro- with a written agreement for enforce- vided that if the mother plant was im- ment of this section signed by the ported into the exporting country from plant protection service of the country 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

206

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–8

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

207

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–8 7 CFR Ch. III (1–1–97 Edition)

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

208

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–10

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 mitigation measures, APHIS will proof importation or offer for importation pose to allow importation into the into the United States shall plainly United States of the requested regu- and correctly bear on the outer con- lated article if the appropriate mitiga- tainer (if in a container) or the re- tion measures are employed. stricted article (if not in a container) 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, 159, 162, 150ee); 37 FR 28464, 28477, as amend- the contents, ed; 38 FR 19141) (2) Country and locality where grown, [45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at 57 FR 43151, Sept. (3) Name and address of shipper, 18, 1992; 60 FR 3077, Jan. 13, 1995. 61 FR 51210, owner, or person shipping or forward- Oct. 1, 1996] ing the article, (4) Name and address of consignee, § 319.37–9 Approved packing material. (5) Identifying shipper’s mark and Any restricted article at the time of number, and importation or offer for importation (6) Number of written permit author- into the United States shall not be izing the importation if one was issued. packed in a packing material unless (b) Any restricted article for impor- the plants were packed in the packing tation by mail shall be plainly and cor- material immediately prior to ship- rectly addressed and mailed to the ment; such packing material is free Plant Protection and Quarantine Pro- from sand, soil, or earth (except for grams at a port of entry listed in sand designated below); has not been § 319.37–14, shall be accompanied by a used previously as packing material or separate sheet of paper within the otherwise; and is listed below: package plainly and correctly bearing Baked or expanded clay pellets. the name, address, and telephone num- Buckwheat hulls. ber of the intended recipient, and shall Coral sand from Bermuda, if the article plainly and correctly bear on the outer packed in such sand is accompanied by a container the following information: phytosanitary certificate of inspection containing an accurate additional declaration (1) General nature and quantity of from the plant protection service of Bermuda the contents, that such sand was free from soil. (2) Country and locality where Excelsior. grown, Exfoliated vermiculite. (3) Name and address of shipper, Ground cork. owner, or person shipping or forward- Ground peat. Ground rubber. ing the article, and Paper. (4) Number of written permit author- Perlite. izing the importation, if one was is- Polymer stabilized cellulose. sued. Quarry gravel. (c) Any restricted article for impor- Rock wool. tation (by mail or otherwise), at the Sawdust. time of importation or offer for impor- Shavings—wood or cork. tation into the United States shall be Sphagnum moss. accompanied by an invoice or packing Vegetable fiber when free of pulp, including coconut fiber and Osmunda fiber, but excluding sugarcane fiber and cotton fiber.

209

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00209 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–11 7 CFR Ch. III (1–1–97 Edition)

list indicating the contents of the ship- (b) Any treatment performed in the ment. United States on a restricted article (Approved by the Office of Management and shall be performed by an inspector or Budget under control number 0579–0049) under an inspector’s supervision at a government-operated special inspec- (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- (44 U.S.C. 35) ment may be performed at a nongovernmental facility only in cases of [45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983] unavailability of government facilities 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- A restricted article for importation out the risk of introduction into the into the United States shall not be United States of injurious plant dis- 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 treatment. § 319.37–14 Ports of entry. (a) The services of a Plant Protection and Quarantine inspector during regu- (a) Any restricted article required to larly assigned hours of duty and at the be imported under a written permit usual places of duty shall be furnished pursuant to § 319.37–3(a) (1) through (6) without cost to the importer. 11 No of this subpart, shall be imported or of- charge will be made to the importer for fered for importation only at a port of 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 designated port of entry on the United 11 Provisions relating to costs for other States-Canada border (Customs des- services of an inspector are contained in part ignated ports of entry are listed in 19 354. CFR part 101).

210

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00210 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–14

LIST OF PORTS OF ENTRY 101 Agriculture Building, Embarcadero at Mission Street, P.O. Box 7673, San Fran- Ports with special inspection and treat- cisco, CA 94120. ment facilities (plant inspection stations) are indicated by an asterisk (*). *San Pedro

ALABAMA (See Los Angeles)

Mobile Travis AFB Federal Building, room 147, 113 St. Joseph P.O. Box 1448, Travis Air Force Base, Fair- Street, P.O. Box 1413, Mobile, AL 36601. field, CA 94535.

ALASKA COLORADO

Anchorage Denver Annex P.O. Box 6191, International Airport, Suite 102, 7100 West 44th Avenue, Wheat Anchorage, AK 99502. Ridge, CO 80033.

ARIZONA CONNECTICUT

*Nogales Wallingford Federal Inspection Station, Nogales, AZ Federal Building, room 205, P.O. Box 631, 85621. Wallingford, CT 06492.

Phoenix DELAWARE Sky Harbor Airport, 3300 Sky Harbor Boule- Dover AFB vard, Phoenix, AZ 85034. Building 500 (USDA), Dover Air Force Base, San Luis DE 19901. U.S. Border Station, P.O. Box 37, San Luis, Wilmington AZ 85349. Federal Building, room 1218A, 844 King Tucson Street, Box 03, Wilmington, DE 19801.

Tucson International Airport, Tucson, AZ DISTRICT OF COLUMBIA 85706. Dulles International Airport CALIFORNIA (See Virginia) Calexico FLORIDA Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, Calexico, CA Cape Canaveral 92231. 120 George King Boulevard, P.O. Box 158, *Los Angeles Cape Canaveral, FL 32920. 9650 LaCienega Boulevard, Building D North, Jacksonville Inglewood, CA 90301. Federal Building, room 521, 400 West Bay (Airport) Street, P.O. Box 35003, Jacksonville, FL 32202. World Way Center Post Office, International Arrivals Area, Satellite 2, P.O. Box 90429, Key West Los Angeles International Airport, Los An- Federal Building, room 226, 301 Simonton geles, CA 90009. Street, P.O. Box 1486, Key West, FL 33040.

*San Diego *Miami U.S. Border Station, P.O. Box 43L, San Miami Inspection Station, 3500 NW. 62nd Av- Ysidro, CA 92073. enue, P.O. Box 59–2136, Miami, FL 33159. FAA & NWS Building, Box 59–2647 AMF, *San Francisco Miami, FL 33159. Plant Inspection Station, San Francisco Amman Building, room 305, 611 Eisenhower International Airport, San Francisco, CA Boulevard, P.O. Box 13033, Fort Lauder- 94128. dale, FL 33316. (NOTE: Restricted articles San Francisco International Airport, P.O. required to be imported under a written Box 8026, Airport Station, San Francisco, permit pursuant to § 319.37–3(a)(1) through CA 94128. (6) of this subpart must be moved by

211

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00211 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–14 7 CFR Ch. III (1–1–97 Edition)

ground transportation and under U.S. Cus- (Airport) toms bond to the Miami Inspection Sta- tion.) O’Hare International Arrivals Building, P.O. Box 66192, Chicago, IL 60666. *Orlando LOUISIANA Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827. Baton Rouge

Pensacola 750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton Rouge, LA Federal Building, room 105, 100 North 70821. Palafax Street, P.O. Box 12561, Pensacola, FL 32573. *New Orleans Tampa New Orleans International Airport, P.O. Box 20037, Airport Mailing Facility, New Orle- 700 Twiggs Street, room 504, P.O. Box 266, ans, LA 70140. Tampa, FL 33601. F. Edward He´bert Building, P.O. Box 2220, West Palm Beach New Orleans, LA 70176.

158 Port Road, P.O. Box 10611, Riviera Beach, MAINE FL 33404. Bangor (Airport) (Airport) International Arrivals Building, Bangor Palm Beach International Airport, Port of International Airport, Bangor, ME 04401. Entry Building, West Palm Beach, FL 33406. Portland

GEORGIA U.S. Courthouse, 156 Federal Street, room 309, Portland, ME 04101. Atlanta Hapeville Branch Post Office, Basement, 650 MARYLAND Central Avenue, P.O. Box 82369, Hapeville, Baltimore GA 30354. Appraisers Stores Building, room 506, 103 Savannah South Gay Street, Baltimore, MD 21202. U.S. Court House & Federal Building, room (Airport) B–9, 125–126 Bull Street, P.O. Box 9268, Sa- vannah, GA 31402. Foreign Arrivals Building, Baltimore Wash- ington International Airport, Baltimore, GUAM MD 21240. Agana Beltsville P.O. Box 2950, Agana, GU 96910. Plant Germplasm Quarantine Center (for HAWAII USDA shipments only), Building 320, Belts- ville, Agricultural Research Center East, Hilo Beltsville, MD 20705. General Lyman Field, Hilo, HI 96720. MASSACHUSETTS *Honolulu (Airport) Boston Honolulu International Airport, Inter- Room 4, U.S. Custom House, Boston, MA national Arrivals Building, Ewa end, 02109. Ground Level, P.O. Box 29757, Honolulu, HI 96820. (Airport) Wailuku, Maui Logan International Airport, East Boston, Federal Post Office Building, room 211, MA 02128. Wailuku, HI 96793. MICHIGAN ILLINOIS Detroit Chicago International Terminal, room 228, Metropoli- U.S. Custom House, room 800, 610 South tan Airport, Detroit, MI 48242. Canal Street, Chicago, IL 60607.

212

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00212 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.37–14

MINNESOTA OHIO

Duluth Cleveland Board of Trade Building, room 420, 301 West Federal Building, room 1749, 1240 East 9th First Street, Duluth, MN 55802. Street, Cleveland, OH 44199.

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- International Arrivals Building, room 2315, rivals Wing, San Juan, PR 00904. 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.

213

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00213 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.37–14 7 CFR Ch. III (1–1–97 Edition)

TEXAS Progreso

*Brownsville Custom House Building, Progreso Inter- national Bridge, Progreso, TX 78579. Border Services Building, room 224 (Gateway Bridge), East Elizabeth and International Roma Boulevard, P.O. Box 306, Brownsville, TX 78520. International Bridge, P.O. Box 185, Roma, TX 78584. Corpus Christi San Antonio 807 Petroleum Tower, 811 Carancahua Street, P.O. Box 245, Corpus Christi, TX 78403. International Satellite, room 15–S, 9700 Air- port Boulevard, San Antonio, TX 78216. Dallas-Fort Worth (Airport) VIRGIN ISLANDS OF THE UNITED STATES Dallas-Fort Worth Airport, P.O. Box 61063, Dallas-Ft. Worth Airport, TX 75261. St. Thomas

Del Rio Room 227, Federal Building, P.O. Box 8119, St. Thomas, Virgin Islands of the U.S. U.S. Border Inspection Station, room 135, 00801. International Bridge, P.O. Box 1227, Del Rio, TX 78840. (Airport)

Eagle Pass Harry S. Truman Airport, Main Terminal Building, St. Thomas, Virgin Islands of the U.S. Border Station, 160 Garrison Street, U.S. 00801. P.O. Box P, Eagle Pass, TX 78852. St. Croix *El Paso Drawer 1548, Kingshill, St. Croix, Virgin Is- Cordova Border Station, room 172–A, 3600 lands of the U.S. 00850. East Paisano, El Paso, TX 79905. VIRGINIA Galveston Chantilly (Airport) Room 402, U.S. Post Office Building, 601 Rosenberg Street, P.O. Box 266, Galveston, Dulles International Airport, International TX 77553. Arrivals Area, P.O. Box 17134, Washington, DC 20041. Hidalgo U.S. Border Station, Bridge Street, P.O. Newport News Drawer R, Hidalgo, TX 78557. P.O. Box 942, Newport News, VA 23607.

*Houston Norfolk (Airport) Houston Plant Inspection Station, Federal Building, room 311, 200 Granby Mall, 3016 McKaughan, Houston, TX 77032. Norfolk, VA 23510. U.S. Appraisers Stores Building, room 210 7300 Wingate Street, Houston, TX 77011. WASHINGTON

Laredo Blaine La Posada Motel, rooms L8–13, 1000 Zaragoza Custom House, room 216, P.O. Drawer C, Street, P.O. Box 277, Laredo, TX 78040. Blaine, WA 98230. Juarez-Lincoln International Bridge, 101 Santa Ursela, Laredo, TX 78040. McChord AFB U.S. International Bridge No. 1, 100 Convent MAC Terminal, P.O. Box 4116, McChord Air Avenue, Laredo, TX 78040. Force Base, Tacoma, WA 98438.

Port Arthur *Seattle Federal Building, room 201, Fifth Street & Federal Office Building, room 9014, 909 First Austin Avenue, P.O. Box 1227, Port Arthur, Avenue, Seattle, WA 98174. TX 77640. (Airport) Presidio Seattle-Tacoma International Airport, Se- U.S. Border Station, International Bridge, attle, WA 98158. P.O. Box 1001, Presidio, TX 79845.

214

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00214 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 Animal and Plant Health Inspection Service, USDA § 319.40–1

WISCONSIN tification of fungi or growth of other microorganisms that cause decay and Milwaukee the breakdown of cell walls in the regu- International Arrivals Terminal, General lated articles. Mitchell Field, 5300 South Howell Avenue, General permit. A written authoriza- Milwaukee, WI 53207. tion contained in § 319.40–3 for any per- [45 FR 31585, May 13, 1980, as amended at 54 son to import the articles named by FR 34133, Aug. 18, 1989; 57 FR 47978, Oct. 21, the general permit, in accordance with 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, the requirements specified by the gen- Oct. 1, 1996] eral permit, without being issued a specific permit. Subpart—Logs, Lumber, and Other Humus, compost, and litter. Partially Unmanufactured Wood Articles or wholly decayed plant matter. Import (imported, importation). To SOURCE: 60 FR 27674, May 25, 1995, unless bring or move into the territorial lim- otherwise noted. its of the United States. Importer document. A written declara- § 319.40–1 Definitions. tion signed by the importer of regu- Administrator. The Administrator of lated articles, which must accompany the Animal and Plant Health Inspec- the regulated articles at the time of 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 is- mals, bacteria, fungi, other parasitic sued by the Administrator authorizing plants or reproductive parts of para- the importation of a regulated article sitic plants, noxious weeds, viruses, or 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.

215

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 E:\CFR\174011.027 174011 § 319.40–2 7 CFR Ch. III (1–1–97 Edition)

Port of first arrival. The area (such as United States. All of the States of the a seaport, airport, or land border sta- United States, the District of Colum- tion) where a person or a means of con- bia, Guam, the Northern Mariana Is- veyance first arrives in the United lands, Puerto Rico, the Virgin Islands States, and where inspection of regu- of the United States, and all other ter- lated articles is carried out by inspec- ritories and possessions of the United tors. States. Primary processing. Any of the follow- Wood chips. Wood fragments broken ing processes: cleaning (removal of or shredded from any wood. soil, limbs, and foliage), debarking, Wood mulch. Bark chips, wood chips, rough sawing (bucking or squaring), wood shavings, or sawdust intended for rough shaping, spraying with fungicide use as a protective or decorative or insecticide sprays, and fumigation. ground cover. Regulated article. The following articles, if they are unprocessed or have re- § 319.40–2 General prohibitions and received 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

216

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–3

apply to regulated articles that are al- § 319.40–3 General permits; articles lowed importation in accordance with that may be imported without a § 319.19, ‘‘Subpart—Citrus Canker and specific permit; articles that may be Other Citrus Diseases’’; § 319.34, ‘‘Sub- imported without either a specific part—Bamboo Capable of Propaga- permit or an importer document. tion’’; or §§ 319.37 through 319.37–14, (a) Canada and Mexico. APHIS hereby ‘‘Subpart—Nursery Stock, Plants, issues a general permit to import arti- Roots, Bulbs, Seeds, and Other Plant cles authorized by this paragraph. Reg- Products’’; or to regulated articles im- ulated articles from Canada and from ported for human consumption that are states in Mexico adjacent to the United allowed importation in accordance States border, other than regulated ar- with §§ 319.56 through 319.56–8, ‘‘Sub- ticles of the subfamilies Aurantioideae, part—Fruits and Vegetables.’’ Rutoideae, and Toddalioideae of the (d) Regulated articles imported for ex- botanical family Rutaceae, may be im- perimental, scientific or educational pur- ported without restriction under this poses. Any regulated article may be im- subpart, except that they must be ac- ported without further restriction companied by an importer document under this subpart if: stating that the regulated articles are (1) Imported by the United States De- derived from trees harvested in, and partment of Agriculture for experi- have never been moved outside, Canada mental, scientific, or educational pur- or states in Mexico adjacent to the poses; United States border, and except that (2) Imported pursuant to a Depart- they are subject to the inspection and mental permit issued by APHIS for the other requirements in § 319.40–9. regulated article prior to its importa- (b) Solid wood packing materials—(1) tion and kept on file at the port of first Free of bark; used with non-regulated ar- arrival; and ticles. APHIS hereby issues a general (3) Imported under conditions speci- permit to import regulated articles authorized by this paragraph. Solid wood fied on the Departmental permit and packing materials that are completely found by the Administrator to be ade- free of bark and are in actual use at quate to prevent the introduction into the time of importation as packing ma- the United States of plant pests. terials for articles which are not regu- (e) Designation of additional regulated lated articles may be imported without articles. An inspector may designate restriction under this subpart, except any article as a regulated article by that: giving written notice of the designa- (i) The solid wood packing materials tion to the owner or person in posses- are subject to the inspection and other sion or control of the article. APHIS requirements in § 319.40–9; and will implement rulemaking to add arti- (ii) The solid wood packing materials cles designated as regulated articles to must be accompanied at the time of the definition of regulated article in importation by an importer document, § 319.40–1 if importation of the article stating that the solid wood packing appears to present a recurring signifi- materials are totally free from bark, cant risk of introducing plant pests. In- and apparently free from live plant spectors may designate an article as a pests. regulated article after determining (2) Free of bark; used with regulated ar- that: ticles. APHIS hereby issues a general (1) The article was imported in the permit to import regulated articles au- same container or hold as a regulated thorized by this paragraph. Solid wood article; packing materials that are completely (2) Other articles of the same type free of bark and are in actual use at imported from the same country have the time of importation as packing ma- been found to carry plant pests; or terials for regulated articles may be (3) The article appears to be contami- imported without restriction under nated with regulated articles or soil. this subpart, except that:

217

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.40–4 7 CFR Ch. III (1–1–97 Edition)

(i) The solid wood packing materials had wood added to them since that use. are subject to the inspection and other Solid wood packing materials other requirements in § 319.40–9; than pallets that are imported as cargo (ii) The solid wood packing materials must be imported in accordance with must be accompanied at the time of the requirements of this subpart for importation by an importer document, raw lumber. stating that the solid wood packing (c) Loose wood packing materials. materials are totally free from bark, APHIS hereby issues a general permit and apparently free from live plant to import regulated articles authorized pests; and by this paragraph. Loose wood packing (iii) The solid wood packing mate- materials (whether in use as packing or rials must be accompanied at the time imported as cargo) that are dry may be of importation by an importer docu- imported subject to the inspection and ment, stating that the solid wood pack- other requirements in § 319.40–9 and ing materials have been heat treated, without further restriction under this fumigated, or treated with preserva- subpart. tives in accordance with § 319.40–7, or (d) Bamboo timber. APHIS hereby is- meet all the importation and entry sues a general permit to import regu- 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 and withdrawal of permits. materials have been heat treated, fumigated, 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: (i) The pallets are subject to the in- 1 Application forms for permits are avail- spection and other requirements in able without charge from the Administrator, § 319.40–9; and c/o the Permit Unit, Plant Protection and (ii) The pallets are accompanied by Quarantine, Animal and Plant Health In- spection Service, U.S. Department of Agri- an importer document stating that the culture, 4700 River Road, Riverdale, MD pallets were previously eligible for im- 20737, or local offices of Plant Protection and portation in accordance with para- Quarantine, which are listed in telephone di- graph (b) of this section and have not rectories.

218

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–4

genus and species name of the tree the applicable conditions for importa- from which the regulated article was tion under this subpart shall be issued derived; for the importation of the regulated ar- (2) Country, and locality if known, ticle identified in the application. where the tree from which the regu- (2) If it appears that the regulated ar- lated article was derived was har- ticle proposed for importation will not vested; meet the requirements of either (3) The quantity of the regulated ar- § 319.40–5 or § 319.40–6 because these sec- ticle to be imported; tions do not address the particular reg- (4) A description of any processing, ulated article identified in the applica- treatment or handling of the regulated tion, APHIS shall review the applica- article to be performed prior to impor- tion by applying the plant pest risk as- tation, including the location where any processing or treatment was or sessment standards specified in § 319.40– will be performed and the names and 11. dosage of any chemicals employed in (i) If this review reveals that impor- treatments; tation of the regulated article under a (5) A description of any processing, permit and subject to the inspection treatment, or handling of the regulated and other requirements in § 319.40–9, article intended to be performed fol- but without any further conditions, lowing importation, including the loca- will not result in the introduction of tion where any processing or treatment plant pests into the United States, a will be performed and the names and permit for importation of the regulated dosage of any chemicals employed in article shall be issued. The permit may treatments; only be issued in unique and unforeseen (6) Whether the regulated article will circumstances when the importation of or will not be imported in a sealed con- the regulated article is not expected to tainer or in a hold; recur. (7) The means of conveyance to be (ii) If this review reveals that the used to import the regulated article; regulated article may be imported (8) The intended port of first arrival under conditions that would reduce the in the United States of the regulated plant pest risk to an insignificant article, and any subsequent ports in level, APHIS may implement rule- the United States at which regulated making to add the additional condi- articles may be unloaded; (9) The destination and general in- tions to this subpart, and after the reg- tended use of the regulated article; ulations are effective, may issue a per- (10) The name and address of the ap- mit for importation of the regulated plicant and, if the applicant’s address article. is not within the United States, the (3) No permit will be issued to an ap- name and address of an agent in the plicant who has had a permit with- United States whom the applicant drawn under paragraph (d) of this sec- names for acceptance of service of tion during the 12 months prior to re- process; and ceipt of the permit application by (11) A statement certifying the appli- APHIS, unless the withdrawn permit cant as the importer of record. has been reinstated upon appeal. (b) Review of application and issuance (c) Permit does not guarantee eligibility of permit. After receipt and review of for import. Even if a permit has been is- the application, APHIS shall determine sued for the importation of a regulated whether it appears that the regulated article, the regulated article may be article at the time of importation will imported only if all applicable require- meet either the specific importation ments of this subpart are met and only requirements in § 319.40–5 or the univer- if an inspector at the port of first ar- sal importation requirements in rival determines that no emergency § 319.40–6. measures pursuant to the Federal (1) If it appears that the regulated article proposed for importation will Plant Pest Act or other measures pur- meet the requirements of either suant to the Plant Quarantine Act are § 319.40–5 or § 319.40–6, a permit stating

219

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.40–5 7 CFR Ch. III (1–1–97 Edition)

necessary with respect to the regulated § 319.40–5 Importation and entry re- article.2 quirements for specified articles. (d) Denial and withdrawal of permits. (a) Bamboo timber. Bamboo timber Any permit which has been issued may consisting of whole culms or canes may be withdrawn by an inspector or the be imported into Guam or the Northern Administrator if he or she determines Mariana Islands subject to inspection that the person to whom the permit and other requirements of § 319.40–9. was issued has violated any require- Bamboo timber consisting of whole ment of this subpart. If the withdrawal culms or canes that are completely dry is oral, the decision to withdraw the as evidenced by lack of moisture in permit and the reasons for the with- node tissue may be imported into any drawal of the permit shall be confirmed part of the United States subject to in- in writing as promptly as cir- spection and other requirements of cumstances permit. Any person whose § 319.40–9. permit has been denied or withdrawn (b) Monterey pine logs and lumber from may appeal the decision in writing to Chile and New Zealand; Douglas-fir logs the Administrator within 10 days after and lumber from New Zealand—(1) Logs— receiving the written notification of (i) Requirements prior to importation. the withdrawal. The appeal shall state Monterey or Radiata pine (Pinus all of the facts and reasons upon which radiata) logs from Chile or New Zealand the person relies to show that the per- and Douglas-fir (Pseudotsuga menziesii) mit was wrongfully denied or with- logs from New Zealand that are accom- drawn. The Administrator shall grant panied by a certificate stating that the or deny the appeal, in writing, stating logs meet the requirements of para- the reasons for granting or denying the graph (b)(1)(i) (A) through (D) of this appeal as promptly as circumstances section, and that are consigned to a fa- permit. If there is a conflict as to any cility in the United States that oper- material fact and the person from ates in accordance with § 319.40–8, may whom the permit is withdrawn re- be imported in accordance with para- quests a hearing, a hearing shall be graphs (b)(1)(i)(A) through (b)(1)(iii) of this section. held to resolve the conflict. Rules of (A) The logs must be from live practice concerning the hearing shall healthy trees which are apparently free be adopted by the Administrator. of plant pests, plant pest damage, and decay organisms. 2 Section 105(a) of the Federal Plant Pest (B) The logs must be debarked in ac- Act (7 U.S.C. 150dd(a)) provides, among other cordance with § 319.40–7(b) prior to fu- things, that the Secretary of Agriculture migation. may, whenever he deems it necessary as an (C) The logs and any solid wood pack- emergency measure in order to prevent the dissemination of any plant pest new to or ing materials to be used with the logs not theretofore known to be widely preva- during shipment to the United States lent or distributed within and throughout must be fumigated in accordance with the United States, seize, quarantine, treat, § 319.40–7(f)(1), within 45 days following apply other remedial measures to, destroy, the date the trees are felled and prior or dispose of, in such manner as he deems ap- to arrival of the logs in the United propriate, subject to section 105(d) of the States, in the holds or in sealable con- Federal Plant Pest Act (7 U.S.C. 150dd(d)), tainers. Fumigation must be conducted any product or article, including any article subject to this subpart, which is moving into in the same sealable container or hold or through the United States, and which he in which the logs and solid wood pack- has reason to believe is infested with any ing materials are exported to the Unit- such plant pest at the time of the movement, ed States. or which has moved into the United States, (D) During shipment to the United and which he has reason to believe was in- States, no other regulated article is fested with any such plant pest at the time permitted on the means of conveyance of the movement. Section 10 of the Plant with the logs, unless the logs and the Quarantine Act (7 U.S.C. 164a) and section 107 of the Federal Plant Pest Act (7 U.S.C. other regulated articles are in separate 150ff) also authorize measures against regu- holds or separate sealed containers, or, lated articles which are not in compliance if the logs and other regulated articles with this subpart. are mixed in a hold or sealed container,

220

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–5

the other regulated articles either have § 319.40–7(d). Wood chips, sawdust, and been heat treated with moisture reduc- waste may be moved in enclosed trucks tion in accordance with § 319.40–7(d), or for processing at another facility oper- have been fumigated in the hold or ating under a compliance agreement in sealable container in accordance with accordance with § 319.40–8. paragraph (b)(1)(i)(C) of this section. (2) Raw lumber. Raw lumber, includ- (ii) Requirements upon arrival in the ing solid wood packing materials im- United States. The following require- ported as cargo, from Chile or New Zea- ments apply upon arrival of the logs in land derived from Monterey or Radiata the United States. pine (Pinus radiata) logs and raw lum- (A) The logs must be kept segregated ber from New Zealand derived from from other regulated articles from the Douglas-fir (Pseudotsuga menziesii) logs time of discharge from the means of may be imported in accordance with conveyance until the logs are com- paragraphs (b)(2) (i) and (ii) of this sec- pletely processed at a facility in the tion. United States that operates under a (i) During shipment to the United compliance agreement in accordance States, no other regulated article with § 319.40–8. (other than solid wood packing mate- (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 Unit- tion in accordance with § 319.40–7(f)(3), ed 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

221

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.40–6 7 CFR Ch. III (1–1–97 Edition)

inspection and other requirements of (other than solid wood packing mate- § 319.40–9. rials) is permitted on the means of con- (d) Temperate hardwoods. Temperate veyance with the lumber, unless the hardwood logs and lumber (with or lumber and the other regulated articles without bark) from all places except are in separate holds or separate sealed places in Asia that are east of 60° East containers, or, if the lumber and other Longitude and north of the Tropic of regulated articles are mixed in a hold Cancer may be imported if fumigated or sealed container, all the regulated in accordance with § 319.40–7(f) prior to articles have been heat treated in ac- arrival in the United States and sub- cordance with § 319.40–7(c), or heat ject to the inspection and other re- treated with moisture reduction in ac- quirements of § 319.40–9. cordance with § 319.40–7(d). Lumber on (e) Regulated articles associated with the vessel’s deck must be in a sealed exclusively tropical climate pests. Regu- container, unless it has been heat lated articles that have been identified treated with moisture reduction in ac- by a plant pest risk assessment as asso- cordance with § 319.40–7(d). ciated solely with plant pests that can (ii) If lumber has been heat treated in successfully become established only in accordance with § 319.40–7(c), that fact 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

222

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–7

cutting, planing, or sawing of the raw chips, within 30 days of arrival at the lumber. facility. If the wood chips or bark chips (c) Wood chips and bark chips. Wood are to be used for mulching or chips and bark chips from any place ex- composting, they must first be fumi- cept places in Asia that are wholly east gated in accordance with § 319.40–7(f)(3), of 60° East Longitude and north of the heat treated in accordance with Tropic of Cancer may be imported in § 319.40–7(c), or heat treated with mois- accordance with this paragraph. ture reduction in accordance with (1) The wood chips or bark chips § 319.40–7(d). must be accompanied by an importer (d) Wood mulch, humus, compost, and document stating that the wood chips litter. Wood mulch, humus, compost, or bark chips were either: and litter may be imported if accom- (i) Derived from live, healthy, tropi- panied by an importer document stat- cal species of plantation-grown trees ing that the wood mulch, humus, com- grown in tropical areas; or post, or litter was fumigated in accord- (ii) Fumigated with methyl bromide ance with § 319.40–7(f)(3), heat treated in in accordance with § 319.40–7(f)(3), heat accordance with § 319.40–7(c), or heat treated in accordance with § 319.40–7(c), treated with moisture reduction in ac- or heat treated with moisture reduc- cordance with § 319.40–7(d). tion in accordance with § 319.40–7(d). (e) Cork and bark. Cork and cork (2) During shipment to the United bark, cinnamon bark, and other bark States, no other regulated articles to be used for food, manufacture of (other than solid wood packing mate- medicine, or chemical extraction may rials) are permitted in the holds or be imported if free from rot at the time sealed containers carrying the wood of importation and subject to the in- chips or bark chips. Wood chips or bark spection and other requirements of chips on the vessel’s deck must be in a § 319.40–9. sealed container; Except that; If the wood chips or bark chips are derived [60 FR 27679, May 25, 1995, 60 FR 30157, June from live, healthy, plantation-grown 7, 1995] trees in tropical areas, they may be § 319.40–7 Treatments and safeguards. shipped on deck if no other regulated articles are present on the vessel, and (a) Certification of treatments or safe- the wood chips or bark chips are com- guards. If APHIS determines that a pletely covered by a tarpaulin during document required for the importation the entire journey directly to the Unit- of regulated articles is inaccurate, the ed States. regulated articles which are the sub- (3) The wood chips or bark chips ject of the certificate or other docu- must be free from rot at the time of ment shall be refused entry into the importation, unless accompanied by an United States. In addition, APHIS may importer document stating that the en- determine not to accept any further tire lot was fumigated with methyl certificates for the importation of reg- bromide in accordance with § 319.40– ulated articles in accordance with this 7(f)(3), heat treated in accordance with subpart from a country in which an in- § 319.40–7(c), or heat treated with mois- accurate certificate is issued, and ture reduction in accordance with APHIS may determine not to allow the § 319.40–7(d). importation of any or all regulated ar- (4) Wood chips or bark chips imported ticles from any such country, until cor- in accordance with this paragraph rective action acceptable to APHIS es- must be consigned to a facility operat- tablishes that certificates issued in ing under a compliance agreement in that country will be accurate. accordance with § 319.40–8. The wood (b) Debarking. Except for raw lumber, chips or bark chips must be burned, no more than 2 percent of the surface heat treated in accordance with of all regulated articles in a lot may § 319.40–7(c), heat treated with moisture retain bark, with no single regulated reduction in accordance with § 319.40– article retaining bark on more than 5 7(d), or otherwise processed in a man- percent of its surface. For raw lumber, ner that will destroy any plant pests debarking must remove 100 percent of associated with the wood chips or bark the bark.

223

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.40–7 7 CFR Ch. III (1–1–97 Edition)

(c) Heat treatment. Heat treatment ticide treatments must be conducted in must be performed only at a facility accordance with label directions ap- where APHIS or an inspector author- proved by the United States Environ- ized by the Administrator and the na- mental Protection Agency. When used tional government of the country in on heat treated logs, a surface pes- which the facility is located has in- ticide treatment must be first applied spected the facility and determined within 48 hours following heat treat- that its operation complies with the ment. The surface pesticide treatment standards of this paragraph. Heat must be repeated at least every 30 days treatment procedures may employ during storage of the regulated article, steam, hot water, kilns, exposure to with the final treatment occurring no microwave energy, or any other meth- more than 30 days prior to departure of od (e.g., the hot water and steam tech- the means of conveyance that carries niques used in veneer production) that the regulated articles to the United raises the temperature of the center of States. each treated regulated article to at (f) Methyl bromide fumigation. The fol- least 71.1 °C and maintains the regu- lowing minimum standards for methyl lated article at that center tempera- bromide fumigation treatment are au- ture for at least 75 minutes. For regu- thorized for the regulated articles list- lated articles heat treated prior to ar- ed in paragraphs (f)(1) through (f)(3) of rival in the United States, during the this section. Any method of fumigation entire interval between treatment and that meets or exceeds the specified export the regulated article must be temperature/time/concentration prod- stored, handled, or safeguarded in a ucts is acceptable. manner which excludes any infestation (1) Logs—(i) T–312 schedule. The entire of the regulated article by plant pests. log and the ambient air must be at a (d) Heat treatment with moisture reduc- temperature of 5 °C or above through- tion. (1) Heat treatment with moisture out fumigation. The fumigation must reduction may employ: be conducted using schedule T–312 con- (i) Kiln drying conducted in accord- tained in the Treatment Manual. In ance with the schedules prescribed for lieu of the schedule T–312 methyl bro- the regulated article in the Dry Kiln mide concentration, fumigation may Operator’s Manual, Agriculture Hand- be conducted with an initial methyl book 188, which is incorporated by ref- bromide concentration of at least 240 g/ erence at § 300.1 of this chapter; or, m3 with exposure and concentration (ii) Dry heat, exposure to microwave levels adequate to provide a concentra- energy, or any other method that tion-time product of at least 17,280 raises the temperature of the center of gram-hours calculated on the initial each treated regulated article to at methyl bromide concentration. least 71.1 °C, maintains the regulated (ii) T–404 schedule. The entire log and articles at that center temperature for the ambient air must be at a tempera- at least 75 minutes, and reduces the ture of 5 °C or above throughout fumi- moisture content of the regulated arti- gation. The fumigation must be con- cle to 20 percent or less as measured by ducted using schedule T–404 contained an electrical conductivity meter. in the Treatment Manual. In lieu of the (2) For regulated articles heat treat- schedule T–404 methyl bromide con- ed with moisture reduction prior to ar- centration, fumigation may be con- rival in the United States, during the ducted with an initial methyl bromide entire interval between treatment and concentration of at least 120 g/m3 with export the regulated article must be exposure and concentration levels ade- stored, handled, or safeguarded in a quate to provide a concentration-time manner which excludes any infestation product of at least 1920 gram-hours cal- of the regulated article by plant pests. culated on the initial methyl bromide (e) Surface pesticide treatments. All concentration. United States Environmental Protec- (2) Lumber. The lumber and the ambi- tion Agency registered surface pes- ent air must be at a temperature of 5 ticide treatments are authorized for °C or above throughout fumigation. regulated articles imported in accord- The fumigation must be conducted ance with this subpart. Surface pes- using schedule T–404 contained in the

224

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–9

Treatment Manual. In lieu of the compliance agreement to facilitate the schedule T–404 methyl bromide con- importation of regulated articles under centration, fumigation may be con- this subpart. The compliance agree- ducted with an initial methyl bromide ment shall specify the requirements concentration of at least 120 g/m3 with necessary to prevent spread of plant exposure and concentration levels ade- pests from the facility, requirements to quate to provide a concentration-time ensure the processing method effec- product of at least 1920 gram-hours cal- tively destroys plant pests, and the re- culated on the initial methyl bromide quirements for the application of concentration. chemical materials in accordance with (3) Regulated articles other than logs or the Treatment Manual. The compli- lumber. (i) If the ambient air and the ance agreement shall also state that regulated articles other than logs or inspectors must be allowed access to lumber are at a temperature of 21 °C or the facility to monitor compliance 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 g/m3 with exposure and concentration written notification of the cancella- levels adequate to provide a concentration. 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 Unit- sons for granting or denying the ap- ed States Environmental Protection peal, as promptly as circumstances per- Agency are authorized for treatment of mit. If there is a conflict as to any ma- regulated articles imported in accord- terial fact and the person whose com- ance with this subpart. Preservative pliance agreement has been canceled treatments must be performed in ac- requests a hearing, a hearing shall be cordance with label directions ap- held to resolve the conflict. Rules of proved by the United States Environ- practice concerning the hearing will be mental Protection Agency. adopted by the Administrator.

§ 319.40–8 Processing at facilities oper- § 319.40–9 Inspection and other re- ating under compliance agree- quirements at port of first arrival. ments. (a) Procedures for all regulated articles. (a) Any person who operates a facil- (1) All imported regulated articles ity in which imported regulated arti- shall be inspected at the port of first cles are processed may enter into a arrival. If the inspector finds signs of

225

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.40–9 7 CFR Ch. III (1–1–97 Edition)

plant pests on or in the regulated arti- and telephone number of the APHIS Of- cle, or finds that the regulated article ficer in Charge will be specified in any may have been associated with other specific permit issued by APHIS 4. This articles infested with plant pests, the notice may be in writing or by tele- regulated article shall be cleaned or phone. The notice must include the treated as required by an inspector, number of any specific permit issued and the regulated article and any prod- for the regulated articles; the name, if ucts of the regulated article shall also any, of the means of conveyance carry- be subject to reinspection, cleaning, ing the regulated articles; the type and and treatment at the option of an in- quantity of the regulated articles; the spector at any time and place before all expected date of arrival; the country of applicable requirements of this subpart origin of the regulated articles; the have been accomplished. name and the number, if any, of the (2) Regulated articles shall be assem- dock or area where the regulated arti- bled for inspection at the port of first cles are to be unloaded; and the name arrival, or at any other place pre- of the importer or broker at the port of scribed by an inspector, at a place and arrival. time and in a manner designated by an (2) Imported regulated articles which inspector. have been debarked in accordance with (3) If an inspector finds that an im- § 319.40–7(b) and can be safely and prac- ported regulated article is so infested tically inspected will be visually exam- with a plant pest that, in the judgment ined for plant pests by an inspector at of the inspector, the regulated article the port of first arrival. If plant pests cannot be cleaned or treated, or con- are found on or in the regulated arti- tains soil or other prohibited contami- cles or if the regulated article cannot nants, the entire lot may be refused be safely and practically inspected, the entry into the United States. regulated articles must be treated in (4) No person shall move any im- accordance with the Treatment Man- ported regulated article from the port ual. of first arrival unless and until an in- (c) Marking and identity of regulated spector notifies the person, in writing articles. Any regulated article, at the or through an electronic database, that time of importation shall bear on the the regulated article: outer container (if in a container), on (i) Is in compliance with all applica- the regulated article (if not in a con- ble regulations and has been inspected tainer), or on a document accompany- and found to be apparently free of ing the regulated article the following plant pests; 3 or, information: (ii) Has been inspected and the in- (1) General nature and quantity of spector requires reinspection, cleaning, the regulated articles; or treatment of the regulated article at (2) Country and locality, if known, a place other than the port of first ar- where the tree from which the regu- rival. lated article was derived was har- (b) Notice of arrival; visual examination vested; of regulated articles at port of first arriv- (3) Name and address of the person al. (1) At least 7 days prior to the ex- importing the regulated article; pected date of arrival in the United (4) Name and address of consignee of States of a shipment of regulated arti- the regulated article; cles imported in accordance with this (5) Identifying shipper’s mark and subpart, the permittee or his or her number; and agent must notify the APHIS Officer in (6) Number of the permit (if one was Charge at the port of arrival of the issued) authorizing the importation of date of expected arrival. The address the regulated article into the United States. 3 Certain regulated articles may also be subject to §§ 319.56 through 319.56–8, ‘‘Sub- 4 A list of APHIS Officers in Charge may be part—Fruits and Vegetables,’’ or to Noxious obtained from the Administrator, c/o Port Weed Act regulations under part 360 of this Operations, Plant Protection and Quar- chapter, or to Endangered Species Act regu- antine, Animal and Plant Health Inspection lations under parts 355 and 356 of this chap- Service, 4700 River Road, Riverdale, MD ter and 50 CFR parts 17 and 23. 20737.

226

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.40–11

(d) Sampling for plant pests at port of which the regulated article was de- first arrival. Any imported regulated arrived, in the country and locality from ticle may be sampled for plant pests at which the regulated article is to be ex- the port of first arrival. If an inspector ported. A plant pest that meets one of finds it necessary to order treatment of the following criteria is a quarantine a regulated article at the port of first pest and will be further evaluated in arrival, any sampling will be done prior accordance with paragraph (c) of this to treatment. section: (1) Non-indigenous plant pest not § 319.40–10 Costs and charges. present in the United States; The services of an inspector during (2) Non-indigenous plant pest, regularly assigned hours of duty and at present in the United States and capa- 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 pests ranked in paragraph (c)(3) of this 5 Provisions relating to costs for other section for which plant pest risk as- services of an inspector are contained in part sessments have previously been per- 354 of this chapter. formed in accordance with this section.

227

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 § 319.41 7 CFR Ch. III (1–1–97 Edition)

APHIS will conduct individual plant determine whether particular condi- pest risk assessments for the remain- tions on the importation of the regu- ing plant pests, starting with the high- lated article would reduce the plant est ranked plant pest(s) in each group. pest risk to an insignificant level. If (5) The number of plant pests in each APHIS determines that the imposition group to be evaluated through individ- of particular conditions on the impor- ual plant pest risk assessment will be tation of the regulated article could re- based on biological similarities of duce the plant pest risk to an insignifi- members of the group as they relate to cant level, and determines that suffi- measures taken in connection with the cient APHIS resources are available to importation of the regulated article to implement or ensure implementation mitigate the plant pest risk associated of the conditions, APHIS will imple- 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 reduction 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 (a) The fact has been determined by paragraph (c)(4) of this section by: the Secretary of Agriculture, and no- (1) Estimation of the probability of tice given, that dangerous plant pests, the plant pest being on, with, or in the including the so-called European corn regulated article at the time of impor- borer (Ostrinia nubilalis Hubn.), and tation; also other dangerous insects, as well as (2) Estimation of the probability of plant diseases not heretofore widely the plant pest surviving in transit on prevalent or distributed within and the regulated article and entering the throughout the United States, exist, as United States undetected; to one or more of such pests, in Europe, (3) Estimation of the probability of Asia, Africa, Dominion of Canada, Mex- the plant pest colonizing once it has ico, Central and South America, and entered into the United States; other foreign countries and localities, (4) Estimation of the probability of and may be introduced into this coun- the plant pest spreading beyond any try through importations of the stalks colonized area; and or other parts of Indian corn or maize, (5) Estimation of the damage to broomcorn, and related plants. plants that could be expected upon in- (b) The Secretary of Agriculture, troduction and dissemination within under the authority conferred by the the United States of the plant pest. act of Congress approved August 20, (e) Estimating unmitigated overall plant 1912, known as the Plant Quarantine pest risk. APHIS will develop an esti- Act (37 Stat. 315; 7 U.S.C. 151–167), de- mation of the overall plant pest risk termined that it was necessary, in associated with importing the regu- order to prevent the further introduc- lated article based on compilation of tion of the dangerous plant pests men- individual plant pest risk assessments tioned above, to forbid, except as pro- performed in accordance with para- vided in the rules and regulations sup- graph (d) of this section. plemental hereto, the importation into (f) Evaluating available requirements to the United States from all foreign determine whether they would allow safe countries and localities of the stalk importation of the regulated article. The and all other parts, whether used for requirements of this subpart, and any packing or other purposes, in the raw other requirements relevant to the reg- or unmanufactured state, of Indian ulated article and plant pests involved, corn or maize (Zea mays L.), will be compared with the individual broomcorn (Andropogon sorghum var. plant pest risk assessments in order to technicus), sweet sorghums

228

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 E:\CFR\174011.028 174011 Animal and Plant Health Inspection Service, USDA § 319.41b

(Andropogon sorghum), grain sorghums mit, other than the authorization con- (Andropogon sorghum), Sudan grass tained in this section, and without (Andropogon sorghum sudanensis), other restriction under this subpart. Johnson grass (Andropogon Notice of arrival for such importations halepensis), sugarcane (Saccharum is not necessary inasmuch as there is officinarum), including Japanese vari- available to the inspector the essential eties, pearl millet (Pennisetum information normally supplied by the glaucum), napier grass (Pennisetum importer at time of importation. In- purpureum), teosinte (Euchlaena spection of such importations may be luxurians), and jobs-tears (Coix made under the general authority of lachryma-Jobi). § 330.105(a) of this chapter. If an impor- (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 (c) Green corn on the cob may be im- modify, by making less stringent, the ported into Guam without restriction restrictions contained in any of such under this subpart, but such importa- regulations, he shall publish such find- tions are subject to the requirements ings in administrative instructions, of § 319.56–2. specifying the manner in which the regulations shall be made less strin- § 319.41b Administrative instructions gent, whereupon such modification prescribing conditions for entry of shall become effective; or he may, broomstraw without treatment. when the public interests will permit, Broomstraw, sometimes referred to with respect to the importation of such as ‘‘combed stalkless’’, when consisting articles into Guam, upon request in of individual straws entirely free from specific cases, authorize such importa- stems, stalks, stubs of stalks, and tion under conditions, specified in the leaves, may be imported from all coun- permit to carry out the purposes of tries without seasonal limitation this subpart, that are less stringent through ports of entry designated in than those contained in the regula- the permit, provided it is bundled and tions. baled to prevent breakage and scatter- (d) As used in this subpart, unless the ing and to facilitate inspection, in the context otherwise requires, the term following manner: ‘‘United States’’ means the States, the (a) The broomstraw shall be assem- District of Columbia, Guam, Puerto bled into bundles with the base of the Rico, and the Virgin Islands of the individual straws at the same end, no United States. alternating of layers being permitted. (b) Each bundle shall be securely tied § 319.41a Administrative instructions to prevent breakage. relating to entry into Guam of (c) Individual bundles shall be com- broomcorn, brooms, and similar ar- pacted, grouped into bales, and so articles. ranged that the butt of each bundle is (a) Broomcorn for manufacturing exposed on the outside of the bale. purposes, and brooms and similar arti- (d) Each bale shall be securely bound cles made of broomcorn may be im- to prevent shifting or loosening of the ported into Guam without further per- bundles in transit.

229

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 E:\CFR\174011.029 174011 § 319.41–1 7 CFR Ch. III (1–1–97 Edition)

(e) Broomstraw found upon inspec- manner that in the judgment of the in- tion at the port of entry to contain spector no pest risk is involved in their stems, stalks, stubs of stalks, or leaves entry. shall be sterilized under the super- (3) Corn silk. vision of an inspector. Broomstraw (b) Upon compliance with the regula- contaminated in the aforesaid manner, tions in this subpart: from countries other than those on the (1) Broomcorn for manufacturing North or South American Continents purposes, brooms or similar articles or the West Indies, shall be considered as broomcorn and shall be subject to made of broomcorn, clean shelled corn, compliance with § 319.41–3(b). and clean seed of the other plants covered by § 319.41. [25 FR 12809, Dec. 14, 1960] (2) Corn on the cob, green or mature, RULES AND REGULATIONS from the provinces of Canada west of and including Manitoba,3 and from § 319.41–1 Plant products permitted Mexico, Central America, South Amer- entry. 1 ica, the West Indies, the Bahamas, and Except as restricted from certain Bermuda. countries and localities by special (c) Seed of Indian corn or maize (Zea quarantines and other orders now in mays L.) that is free from the cob and force, 2 and by such as may hereafter be from all other parts of corn may be im- promulgated, the following articles ported into the United States from may be imported: New Zealand without further restric- (a) Subject only to the requirements tion. of paragraphs (a), (b), and (c) of § 319.41– 5: [24 FR 10788, Dec. 29, 1959, as amended at 58 (1) Green corn on the cob, in small FR 44745, Aug. 25, 1993] lots for local use only, from adjacent areas of Canada. § 319.41–2 Application for permits. (2) Articles made of the stalks, (a) Persons contemplating the impor- leaves, or cobs of corn, when prepared, tation of any of the articles specified in manufactured, or processed in such § 319.41–1(b), shall first make application to the Plant Protection and Quar- 1Except as provided in § 319.41–6 the regula- antine Programs for a permit, stating tions in this subpart do not authorize impor- in the application the name and ad- tations through the mails. dress of the exporter, the country and 2 The entry of the following plants and plant products is prohibited or restricted by locality where grown, the port of arriv- specific quarantines and other restrictive oral, and the name and address of the im- ders now in force. porter in the United States to whom (a) Living canes of sugarcane, or cuttings the permit should be sent. Unless oth- or parts thereof, from all foreign countries. erwise stated in the permit, all permits (§ 319.15.) will be valid from date of issuance (b) Except as provided for in paragraph (c) for corn seed from New Zealand, seed and all until revoked. other portions in the raw or unmanufactured (b) Applications for permits should be state of Indian corn or maize (Zea mays L.), made in advance of the proposed ship- and the closely related plants, including all ments; but if, through no fault of the species of Teosinte (Euchlaena), jobs-tears importer, a shipment should arrive be- (Coix), Polytoca, Chionachne, Sclerachne, fore a permit is received, the importa- and Trilobachne, from Australia, Burma, Cambodia, China, Formosa, India, Indonesia, tion will be held in customs custody at Japan and adjacent islands, Laos, Malaya, the risk and expense of the importer Manchuria, New Guinea, New Zealand, North for a period not exceeding 20 days pend- Viet-Nam, Oceania, Pakistan, Philippines, ing the receipt of the permit. Ryukyu Islands, Thailand, and Viet-Nam. (§ 319.24.) (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. 230

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 E:\CFR\174011.029 174011 Animal and Plant Health Inspection Service, USDA § 319.41–5

(c) Applications may be made by arrival where such treating facilities telegraph, in which case the informa- are available. tion required above must be given. [24 FR 10788, Dec. 29, 1959, as amended at 33 (Approved by the Office of Management and FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, Budget under control number 0579–0049) 1971] (44 U.S.C. 35) § 319.41–4 Notice of arrival by permit- [24 FR 10788, Dec. 29, 1959, as amended at 48 tee. FR 57466, Dec. 30, 1983] Immediately upon arrival of the im- § 319.41–3 Issuance of permits. portation at the port of arrival the permittee shall submit, in duplicate, no- (a) On approval by the Deputy Ad- tice to the Plant Protection and Quar- ministrator of the Plant Protection antine Programs, through the U.S. Col- and Quarantine Programs of the appli- lector of Customs, or, in the case of cation mentioned in § 319.41–2, a permit Guam, through the Customs officer of will be issued. the Government of Guam, on forms (b) For broomcorn and brooms and provided for that purpose, stating the similar articles made of broomcorn, number of the permit, the date of permits will be issued by the Deputy entry, the name of ship or vessel, rail- Administrator of the Plant Protection road, or other carrier, the country and and Quarantine Programs for such locality where the articles were grown, ports as may be designated therein, ex- the name of the foreign shipper, the cept that permits will be issued for the quantity or number of bales or contain- entry of broomcorn originating in ers, and the marks and numbers on the countries other than those in the North bales or containers, the port of arrival, or South American Continents or the and the name of the importer or broker West Indies only through the ports of at the port of arrival. Baltimore, Boston, New York, and Nor- folk, or through other northeastern (Approved by the Office of Management and ports which may from time to time be Budget under control number 0579–0049) designated in the permit, and at which (44 U.S.C. 35) facilities for treatment of infested ma- [24 FR 10788, Dec. 29, 1959, as amended at 48 terial may be available, such entry to FR 57466, Dec. 30, 1983] be limited to those shipments accompanied by on-board bills of lading dated § 319.41–5 Condition of entry. within the period September 15 (a) The entry of the articles covered through February 15 of the succeeding by § 319.41–1 is conditioned on their year, both dates inclusive. Permits will freedom from the European corn borer not be issued for the entry of and other injurious insects and plant broomcorn from any source through diseases, and upon their freedom from ports on the Pacific Coast. contamination with plant materials (c) For shelled corn and for seeds of prohibited entry under other quar- other plants listed in § 319.41, and for antines. All shipments of these articles corn on the cob, green or mature, from shall be subject to inspection at the the land areas designated in port of arrival by an inspector of the § 319.41(b)(2), permits will be issued for Plant Protection and Quarantine Pro- ports where the Plant Protection and grams, in order to determine their free- Quarantine Programs maintains an in- dom from such insects and diseases and spection service and for such other from contaminating materials, and to ports as may be designated in the per- such sterilization, grinding, or other mit. necessary treatment as the inspector (d) Pending development of adequate may prescribe. Should an importation treating facilities in Guam, any of the be found on inspection to be so infested articles specified in § 319.41–1 that are or infected or contaminated that, in subject to treatment as a condition of the judgment of the inspector, it can entry therein must first be entered and not be made safe by sterilization or treated in accordance with the require- other treatment, the entire shipment ments of this subpart at a U.S. port of may be refused entry.

231

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 E:\CFR\174011.029 174011 § 319.41–5a 7 CFR Ch. III (1–1–97 Edition)

(b) When entry under sterilization or the other plants from countries other other treatment is permitted, the im- than those named in § 319.41–1 (b)(2) are portation will be released to the per- found upon inspection at the port of ar- mittee for such treatment, upon the rival to be appreciably fouled with cobs filing with the appropriate customs of- or other portions of the plants the in- ficial of a bond in the amount of $5,000, spector may require sterilization or or in an amount equal to the invoice other treatment or may refuse entry. value, if such value be less than $5,000, with approved sureties, and condi- § 319.41–5a Administrative instruc- tioned that the importation shall be tions; method used for the disinfec- sterilized or otherwise treated under tion of imported broomcorn and the supervision of the inspector; that broomcorn brooms. no bale or container shall be broken, Broomcorn and articles made of opened, or removed from the port of ar- broomcorn which are required to be rival unless and until a written notice treated, under the provisions of § 319.41– 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 subpart arrive at a port where facilities acid or its equivalent per 1,000 cubic for such sterilization or other treat- feet of space. ment are not maintained, such ship- (3) The air pressure in the fumigation ment shall either be promptly shipped chamber shall be reduced to the equiv- under safeguards and by routing pre- alent of 2 inches of mercury (a 28–inch scribed by the inspector to an approved vacuum at sea level), after which the port where facilities for sterilization or hydrocyanic acid shall be introduced other treatment are available, or it and the low pressure held for the dura- shall be refused entry. tion of the fumigation. (d) Other conditions of entry as ap- (4) The exposure shall be not less plying to the certain classes of articles than 3 hours. enumerated in § 319.41–1 are: (b) Steam sterilization. (1) The air pres- (1) Broomcorn. All importations of sure in the treating chamber shall be broomcorn shall be so baled as to pre- reduced to the equivalent of 5 inches of vent breakage and scattering in con- mercury (a 25–inch vacuum at sea nection with the necessary handling level). and sterilization; if in the judgment of (2) Steam shall then be introduced the inspector they are not so baled, until a positive pressure of 10 pounds is entry may be refused. All importations obtained. of broomcorn shall be subject to such (3) The exposure to the 10–pound posi- sterilization or other treatment as the tive pressure of steam shall continue inspector may require. for a period sufficient to assure a con- (2) Articles made of broomcorn. Brooms stant temperature in all parts of the or similar articles made of broomcorn treating chamber, after which the shall be subject to sterilization unless steam may be shut off and the treating their manufacture involves the sub- chamber exhausted of the uncondensed stantial elimination of stems or such steam. treatment of the included stems as in the judgment of the inspector shall (c) Other treatments. Any other treat- preclude such articles from being the ments approved by the Deputy Admin- means of carriage of the European corn istrator of the Plant Protection and borer and of other injurious insects and Quarantine Programs in specific cases. plant diseases. [24 FR 10788, Dec. 29, 1959, as amended at 34 (3) Shelled corn and other seeds. If FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, shipments of shelled corn and seeds of 1971]

232

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 E:\CFR\174011.029 174011 Animal and Plant Health Inspection Service, USDA § 319.55

§ 319.41–6 Importations by mail. diseases heretofore enumerated, as well as insect pests. In addition to entries by freight or (b) Under authority conferred by the express provided for in § 319.41–5, impor- act of Congress approved August 20, tations are permitted by mail of (a) 1912, known as ‘‘The Plant Quarantine mature corn on the cob from the coun- Act’’ (37 Stat. 315; 7 U.S.C. 151–167), as tries specified in § 319.41–1(b)(2), (b) amended, the Secretary of Agriculture clean shelled corn and clean seed of the does hereby declare that it is nec- other plants covered by § 319.41: Pro- essary, in order to prevent the intro- vided, That a permit has been issued for duction into the United States of the the importation: Provided further, That insect pests and plant diseases referred each shipment is accompanied from the to, to forbid the importation into the foreign mailing point by a special mail- United States of seed or paddy rice ing tag, which will direct the package from all foreign countries and local- to a Plant Protection and Quarantine ities except the Republic of Mexico, Programs inspection station for inspec- and to restrict the importation of seed tion in accordance with § 319.41–5 before or paddy rice from the Republic of 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 (44 U.S.C. 35) countries and localities except the Re- 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 except 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 articles into Guam, upon request in may be introduced into this country specific cases, authorize such importa- through importations of seed or paddy tion under conditions, specified in the rice, rice straw, and rice hulls, and (2) permit to carry out the purposes of that the unrestricted importation of this subpart, that are less stringent seed or paddy rice from the Republic of than those contained in the regula- Mexico and of rice straw and rice hulls tions. from all foreign countries and local- (d) As used in this subpart, unless the ities may result in the entry into the context otherwise requires, the term United States of the injurious plant ‘‘United States’’ means the States, the

233

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 E:\CFR\174011.029 174011 § 319.55a 7 CFR Ch. III (1–1–97 Edition)

District of Columbia, Guam, Puerto should be sent, if other than the appli- Rico, and the Virgin Islands of the cant. United States. (b) Applications for permits should be made in advance of the proposed ship- § 319.55a Administrative instructions ments; but if, through no fault of the relating to entry of rice straw and importer, a shipment should arrive be- rice hulls into Guam. fore a permit is received, the importa- Rice straw and rice hulls may be im- tion will be held in customs custody at ported into Guam without further per- the port of first arrival, at the risk and mit, other than the authorization con- expense of the importer, for a period tained in this paragraph. The port of not exceeding 20 days, pending the re- entry shall be Agana or such other port ceipt of the permit. as may be satisfactory to the inspec- (c) Application may be mader by tor. Such importations may be made telegraph, in which case the informa- without the submission of a notice of tion required above must be furnished. arrival inasmuch as there is available (Approved by the Office of Management and to the inspector the essential informa- Budget under control number 0579–0049) tion normally supplied by an importer at the time of importation. The re- (44 U.S.C. 35) quirements of §§ 319.55–6 and 319.55–7 [24 FR 10788, Dec. 29, 1959, as amended at 48 shall not apply. Inspections of such im- FR 57466, Dec. 30, 1983] portations may be made under the general authority of § 330.105(a) of this § 319.55–3 Ports of entry. chapter. If an importation is found in- (a) For importations of seed or paddy fected, infested, or contaminated by rice from the Republic of Mexico, per- any plant pest and is not subject to dis- mits will be issued for entry through posal under this part, disposition may Mexican border ports and such other be made in accordance with § 330.106 of ports as may later be approved by the this chapter. Plant Protection and Quarantine Pro- grams. RULES AND REGULATIONS (b) For importations of rice straw and rice hulls from all foreign coun- § 319.55–1 Definitions. tries, permits will be issued for entry (a) Seed or paddy rice. Unhusked rice at New York and Boston and at such in the form commonly used for seed other ports as may later be approved purposes; the regulations in this sub- by the Plant Protection and Quar- part do not apply to husked or polished antine Programs. rice imported for food purposes. (c) Pending development of adequate (b) Port of first arrival. The first port treating facilities in Guam, seed or within the United States where the paddy rice, rice straw, and rice hulls shipment is (1) offered for consumption that are subject to treatment as a con- entry or (2) offered for entry for imme- dition of entry therein must first be diate transportation in bond. entered and treated in accordance with (c) Inspector. An Inspector of the the requirements of this subpart at a Plant Protection and Quarantine Pro- United States port of arrival where grams of the United States Department such treating facilities are available. of Agriculture. (d) Should a shipment requiring treatment arrive at a port where facili- § 319.55–2 Application for permit. ties for such treatment are not main- (a) Application for a permit to im- tained, such shipment shall either be port seed or paddy rice from Mexico or promptly shipped under safeguards and rice straw or rice hulls from any coun- by routing prescribed by the inspector try, may be made to the Plant Protec- to an approved port where facilities for tion and Quarantine Programs, indicat- treatment are available, or it shall be ing in the application the locality refused entry. where the desired material has been grown, the port of first arrival, and the § 319.55–4 Issuance of permits. name and address of the importer in Upon receipt of an application and the United States to whom the permit upon approval by an inspector a permit

234

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 E:\CFR\174011.030 174011 Animal and Plant Health Inspection Service, USDA § 319.55–7

will be issued specifying the conditions the Plant Protection and Quarantine of entry and the port of entry to carry Programs and, as a further condition of out the purposes of this subpart, and a entry, in order to permit effective copy will be supplied to the importer. treatment, the contents of packages or bales shall not be compressed to a den- § 319.55–5 Notice of arrival by permit- sity of more than 30 pounds per cubic tee. foot. Rice straw and rice hulls will be Immediately upon the arrival of a admitted only at ports where adequate shipment at the port of first arrival, facilities are available for such treat- the permittee or his agent shall submit ment. The required treatment must be a notice, in duplicate, to the Plant Pro- given within 20 days after arrival, but tection and Quarantine Programs, if any shipment of rice straw or rice through the United States Collector of hulls shall be found upon arrival to be Customs, or, in the case of Guam, dangerously infested or infected the in- through the Customs officer of the spector may direct immediate treat- Government of Guam, on a form pro- ment under adequate safeguards; and, vided for that purpose, stating the if the treatment and safeguards are not number of the permit, the quantity in put into effect as directed, the ship- the shipment, the locality where ment shall be removed from the coun- grown, the date of arrival, and, if by try immediately or destroyed. rail, the name of the railroad company, (2) Unless, within 20 days after the the car numbers, and the terminal date of arrival of a shipment at the where the shipment is to be unloaded, port at which the formal entry was or, if by vessel, the name of the vessel filed, the importation has received the and the designation of the dock where required treatment, due notice of the shipment is to be landed. which shall be given to the collector of (Approved by the Office of Management and customs by the inspector, demand will Budget under control number 0579–0049) be made by the collector for redelivery (44 U.S.C. 35) of the shipment into customs custody under the terms of the entry bond, and, [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] if such redelivery is not made, the shipment 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

235

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 E:\CFR\174011.030 174011 § 319.56 7 CFR Ch. III (1–1–97 Edition)

tag directing the package to a Plant calities named and from any other for- Protection and Quarantine Programs eign country or locality, and of plants inspection station for inspection and, if or portions of plants used as packing necessary, for treatment, before being material in connection with shipments released to the mails for delivery to of such fruits and vegetables. the importer, unless entry is refused in (c) On and after November 1, 1923, and accordance with the provisions of until further notice, the importation § 319.55–6. The special mailing tags will from all foreign countries and local- be furnished on request to the importer ities into the United States of fruits for transmission in advance to his foreign shipper. and vegetables, and of plants or portions 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 (44 U.S.C. 35) provided in the rules and regulations [24 FR 10788, Dec. 29, 1959, as amended at 48 supplemental hereto, is prohibited: FR 57466, Dec. 30, 1983] Provided, That whenever the Deputy Administrator for the Plant Protection Subpart—Fruits and Vegetables and Quarantine Programs shall find that existing conditions as to pest risk QUARANTINE involved in the importation of the arti- § 319.56 Notice of quarantine. cles to which the regulations supplemental hereto apply, make it safe to (a) The fact has been determined by modify, by making less stringent, the the Secretary of Agriculture, and notice is hereby given: restrictions contained in any of such (1) That there exist in Europe, Asia, regulations, he shall publish such find- Africa, Mexico, Central America, and ings in administrative instructions, South America, and other foreign specifying the manner in which the countries and localities, certain injuri- regulations shall be made less strin- ous insects, including fruit and melon gent, whereupon such modification flies (Tephritidae), new to and not shall become effective; or he may, heretofore widely distributed within when the public interests will permit, and throughout the United States, with respect to the importation of such which affect and may be carried by articles into Guam, upon request in fruits and vegetables commercially im- specific cases, authorize such importa- ported into the United States or tion under conditions, specified in the brought to the ports of the United permit to carry out the purposes of States as ships’ stores or casually by this subpart, that are less stringent passengers or others, and than those contained in the regula- (2) That the unrestricted importation tions. of fruits and vegetables from the coun- (d) This section leaves in full effect tries and localities enumerated may re- all special quarantines and other or- sult in the entry into the United States ders now in force restricting the entry of injurious insects, including fruit and melon flies (Tephritidae). into the United States of fruits and (b) The Secretary of Agriculture, vegetables with the exception of Quar- under authority conferred by the act of antine No. 49, with regulations, on ac- Congress approved August 20, 1912 (37 count of the citrus black fly, which is Stat. 315; 7 U.S.C. 151–167), does hereby replaced by this section. declare that it is necessary, in order to (e) As used in this section unless the prevent the introduction into the Unit- context otherwise requires, the term ed States of certain injurious insects, ‘‘United States’’ means the continental including fruit and melon flies United States, Guam, Hawaii, Puerto (Tephritidae), to forbid, except as pro- Rico, and the Virgin Islands of the vided in the rules and regulations sup- United States. plemental hereto, the importation into the United States of fruits and vegetables from the foreign countries and lo-

236

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 E:\CFR\174011.030 174011 Animal and Plant Health Inspection Service, USDA § 319.56a

§ 319.56a Administrative instructions into any other part or port of the Unit- and interpretation relating to entry ed States, except those for which a into Guam of fruits and vegetables treatment is specified as a condition of under § 319.56. entry and except any which are now, or (a) The following fruits and vegeta- may subsequently be, specifically des- bles may be imported into Guam with- ignated in this subpart as not ap- out treatment except as it may be re- proved. quired under § 319.56–6 and they shall (b) The inspector in Guam may, in otherwise be subject to all the require- his judgment, accept an oral applica- ments of this subpart as modified by tion and issue an oral permit for prod- this section: ucts within paragraph (a) of this sec- (1) All fruits and vegetables from the tion, which shall be deemed to fulfill Marianas Islands. the requirements of §§ 319.56–3 and (2) All leafy vegetables and root crops 319.56–4. He may waive the documenta- from the Bonin Islands, Volcano Is- tion required in § 319.56–5 for such prod- lands, and Ryukyu Islands. ucts whenever he shall find that infor- (3) All fruits and vegetables from the mation available from other sources Caroline Islands, except citrus fruits, meets the requirements under this sub- and except taro from the Palau and part for the information normally sup- Yap districts (the excepted products plied by such documentation. are not approved for entry into Guam (c) The provisions of §§ 319.56–2a and under § 319.56 without treatment). 319.56–2b shall not apply to chestnuts (4) Allium, artichokes, bananas, bell and acorns imported into Guam and peppers, cabbage, carrots, celery, Chi- they shall be enterable without further nese cabbage, citrus fruits, eggplant, permit, other than the authorization grapes, lettuce, melons, okra, parsley, contained in this paragraph, and with- peas, persimmons, potatoes, rhubarb, out other restriction under this sub- squash (Cucurbita maxima), stone and part, in accordance with the second pome fruits, string beans, paragraph of § 319.56–2. Inspections of sweetpotatoes, tomatoes, turnip such importations may be made under greens, turnips, and watermelons, from the general authority of § 330.105(a) of Japan and Korea. this chapter. If an importation is found (5) Leafy vegetables, celery, and po- infected, infested, or contaminated tatoes, from the Philippine Islands. with any plant pest and is not subject (6) Carrots (without tops), celery, let- to disposal under this part, disposition tuce, peas, potatoes, and radishes may be made in accordance with (without tops), from Australia. § 330.106 of this chapter. (7) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots (d) Coconuts with husks are not ap- (without tops), cassava, cauliflower, proved for entry into Guam from the celery, chives, cow-cabbage, dasheen, Trust Territory under § 319.56. garlic, gingerroot, horseradish, kale, (e) Application of the provisions of kudzu, leek, lettuce, onions, Por- §§ 319.56–2d and 319.56–2f to 319.56–2m, tuguese cabbage, turnip, udo, water inclusive, is impracticable in the case chestnut, watercress, waterlilyroot, of traffic into Guam and therefore such and yam bean root, from Taiwan (For- application is withdrawn. The fruits mosa). and vegetables which are the subject of (8) Lettuce from Netherlands New said provisions are not enterable into Guinea. Guam except as they are now, or may (9) Carrots, celery, lettuce, loquats, later be, listed in paragraph (a) of this onions, persimmons, potatoes, toma- section. Yams are included in the list- toes, and stone fruits, from New Zea- ings in paragraphs (a) (1) and (2) of this land. section. (10) Asparagus, carrots (without (f) Baskets or other containers made tops), celery, lettuce, and radishes of coconut fronds are not approved for (without tops) from Thailand. use as containers for fruits and vegeta- (11) Green corn on the cob. bles imported into Guam. Fruits and (12) All other fruits and vegetables vegetables in such baskets or contain- administratively approved for entry ers offered for importation into Guam

237

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–1 7 CFR Ch. III (1–1–97 Edition)

will not be regarded as meeting the re- plant litter or rubbish as distinguished quirement of the first paragraph of from clean fruits and vegetables, or § 319.56–2. other commercial articles. Port of first arrival. The first port [24 FR 10788, Dec. 29, 1959, as amended at 29 FR 2329, Feb. 11, 1964; 29 FR 6614, May 21, within the United States where the 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, shipment is (1) offered for consumption Sept. 20, 1969; 35 FR 9105, June 12, 1970; 35 FR entry or (2) offered for entry for imme- 16678, Oct. 28, 1970; 58 FR 43497, Aug. 17, 1993] diate transportation in bond.

RULES AND REGULATIONS [24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 57 FR 54489, Nov. 19, § 319.56–1 Definitions. 1992] Above ground parts. Any plant parts, § 319.56–2 Restrictions on entry of such as stems, leaves, fruit, or inflores- fruits and vegetables. cence, that grow solely above the soil (a) All importations of fruits and surface. vegetables must be free from plants or Commercial shipment. A shipment con- portions of plants, as defined in § 319.56– taining fruits and vegetables that an 1. inspector identifies as having been pro- (b) Dried, cured, or processed fruits duced for sale and distribution in mass and vegetables (except frozen fruits and markets. Such identification will be vegetables), including cured figs and based on a variety of indicators, in- dates, raisins, nuts, and dried beans cluding, but not limited to: quantity of and peas, may be imported without produce, type of packaging, identifica- permit or other compliance with the tion of grower or packing house on the regulations in this subpart: Provided, packaging, and documents consigning That any such articles may be made the shipment to a wholesaler or re- subject to entry only under permit and tailer. on compliance with the safeguards to Cucurbits. Benincasa hispida (wax be prescribed therein, when it shall be gourd), Citrullus lanatus (watermelon), determined by the Secretary of Agri- Cucumis spp. (including, but not lim- culture that the condition of drying, ited to cucumber, kiwano, cantaloupe, curing, or processing to which they honeydew, muskmelon, and Indian have been subjected may not entirely gherkin), Cucurbita spp. (including, but eliminate risk. Such determination not limited to squash, zucchini, with respect to any such articles shall crenshaws, pumpkin, and marrow), become effective after due notice. Lagenaria spp. (including, but not lim- (c) Fruits and vegetables grown in ited to the white-flowered gourds), the Dominion of Canada and in New- Luffa spp. (including, but not limited foundland, 1 including its mainland ter- to luffa and angled luffa), Momordica ritory of Labrador, may be imported balsamina (balsam-apple), Momordica into the United States from these charantia (bitter gourd), and Sechium countries free from any restrictions edule (chayote). whatsoever under the regulations in Deputy Administrator. The Deputy Ad- this subpart. ministrator, Plant Protection and (d) Fruits and vegetables grown in Quarantine, or any person to whom the the British Virgin Islands may be im- Deputy Administrator has delegated ported into the Virgin Islands of the his or her authority. United States without further permit Fresh fruits and vegetables. The edible, other than the authorization contained more or less succulent, portions of food in this paragraph but subject to the re- plants in the raw or unprocessed state, quirements of the first paragraph of such as bananas, oranges, grapefruit, this section, and of §§ 319.56–5, 319.56–6 pineapples, tomatoes, peppers, lettuce, etc. 1 Inspector. An inspector of the Plant The importation of potatoes into the United States from Newfoundland and all Protection and Quarantine Programs, other foreign countries, except the Dominion U.S. Department of Agriculture. of Canada and Bermuda, is governed by the Plants or portions of plants. Leaves, restricted entry order and regulations in twigs, or other portions of plants, or §§ 321.1 through 321.8 of this chapter. 238

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2

and 319.56–7, except that such fruits and (f) Before the Administrator may au- vegetables are exempted from the no- thorize importation of a fruit or vege- tice of arrival requirements of § 319.56– table under § 319.56–2(e) (3) or (4), he or 5 when an inspector shall find that she must determine that the following equivalent information is obtainable criteria have been met: from the U.S. Collector of Customs. (1) Within the past 12 months, the (e) Any other fruit or vegetable, ex- plant protection service of the country cept those restricted to certain coun- of origin has established the absence of tries and districts by special quar- infestations of injurious insects known antine 2 and other orders now in force to attack fruits or vegetables in the and by any restrictive order as may definite area or district based on sur- hereafter be promulgated, may be im- veys performed in accordance with re- ported from any country under a per- quirements approved by the Adminis- mit issued in accordance with this sub- trator as adequate to detect these in- part and upon compliance with the reg- festations; ulations in this subpart, at the ports as (2) The country of origin has adopted shall be authorized in the permit, if the and is enforcing requirements to pre- U.S. Department of Agriculture, after vent the introduction of injurious in- reviewing evidence presented to it, is sects known to attack fruits and vege- satisfied that the fruit or vegetable ei- tables into the definite area or district ther: of the country of origin that are 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 ined 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- When used to authorize importation tation can be authorized without risk, under § 319.56–2(e)(3), the criteria must and its importation is in compliance be applied to all injurious insects that with the criteria of paragraph (f) of attack the fruit or vegetable; when this section; or used to authorize importation under (4) Is imported from a definite area or § 319.56–2(e)(4), the criteria must be ap- district of the country of origin that is plied to those particular injurious in- free from certain injurious insects that sects from which the area or district is attack the fruit or vegetable, its im- to be considered free. portation can be authorized without (g) Each box of fruit or vegetables risk, and the criteria of paragraph (f) of imported into the United States in ac- this section are met with regard to cordance with § 319.56–2(e) (3) or (4) and those certain insects, provided that all § 319.56–2(f) must be clearly labelled other injurious insects that attack the with: fruit or vegetable in the area or dis- (1) The name of the orchard or grove trict of the country of origin have been of origin, or the name of the grower, eliminated from the fruit or vegetable and by treatment or any other procedures (2) The name of the municipality and that may be prescribed by the Adminis- state in which it was produced, and trator. (3) The type and amount of fruit it contains. 2 The importation of citrus fruits into the (h) The Administrator has deter- United States from eastern and southeastern mined that the following municipali- Asia and certain other areas is restricted by ties in Sonora, Mexico, meet the cri- the Citrus Fruit Quarantine, § 319.28. teria of § 319.56–2 (e) and (f) with regard

239

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2a 7 CFR Ch. III (1–1–97 Edition)

to the insect pests Ceratitis capitata, § 319.56–2b Administrative instruc- Anastrepha ludens, A. serpentina, A. tions; conditions governing the obliqua, and A. fraterculus: Altar, Atil, entry of acorns and chestnuts. Caborca, Carbo, Empalme, Guaymas, (a) Countries other than Canada and Hermosillo, Pitiquito, Puerto Penasco, Mexico. Except for importations of San Luis Rio Colorado, and San acorns and chestnuts grown in and Miguel. Apples, apricots, grapefruit, or- shipped from Canada and Mexico, anges, peaches, persimmions, pome- acorns and chestnuts are permitted granates, and tangerines may be im- entry into the United States under per- ported from these areas without treatment 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 treating § 319.56–2(e) (1) and (2), all shipment 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 except Curculio elephas (Cyllenhal) and C. Arica, Iquique, and Parinacota meet nucum Linnaeus; the nut fruit tortrix, the criteria of § 319.56–2 (e) and (f) with et al., Laspeyresia splendana (Hubner), regard to the insect pest Mediterra- Laspeyresia spp., and Hemimene juliana nean fruit fly (Medfly) (Ceratitis (Curtis); and other insect pests of capitata) (Wiedemann). Fruits and chestnuts and acorns. Accordingly, this vegetables from Chile otherwise eligi- treatment is approved as a condition of ble for importation under this subpart entry in connection with the issuance may be imported from these areas of permits under § 319.56–4 for the im- without treatment for Medfly. 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. (2) Ports of entry. Acorns and chest- [24 FR 10788, Dec. 29, 1959, as amended at 52 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] treatment shall consist of fumigation § 319.56–2a Permits required for entry with methyl bromide. The acorns and of chestnuts and acorns and certain chestnuts may be fumigated in vacuum coconuts. or normal atmospheric chambers, van It has been determined that the dry- containers, or tarpaulins that have ing and processing of chestnuts and been approved for that purpose by the acorns, and of coconuts imported into Plant Protection and Quarantine Pro- Guam from the Trust Territory, may grams. When the fumigation is carried not entirely eliminate risk of spread of out under tarpaulins or in van contain- injurious insects. Therefore, notice is ers, it must be accomplished in a man- hereby given that chestnuts and acorns ner satisfactory to the inspector by in- of all varieties and species may be im- suring adequate air and commodity ported into any part of the United temperatures, and proper volatiliza- States from any foreign country and tion, distribution, and concentration of coconuts may be imported into Guam the fumigant. Fumigation with methyl from the Trust Territory, only under bromide shall be in accordance with permit and upon compliance with the the following schedules: safeguards prescribed therein pursuant (i) In chamber at normal atmospheric to § 319.56–2. pressure (NAP):

240

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2b

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.

90±96 ...... 4 3 (minimum concentra- 80±89 ...... 4 4 tion first 1¤2 hourÐ 70±79 ...... 5 4 85 oz.). 60±69 ...... 5 5 (minimum concentra- 50±59 ...... 6 5 tion at completionÐ 40±49 ...... 6 6 48 oz.). ′′ (ii) In chamber at 26 vacuum: The fumigation temperatures used in these treatment schedules shall be that Methyl bromide of the nut kernels. Acorns and chest- ° dosage in Exposed period Temperature ( F.) pounds per (hours) nuts fumigated in van containers or 1,000 cu. ft. under tarpaulins must be stacked in 80±96 ...... 3 2 the container to provide for circulation 70±79 ...... 4 2 of the fumigant under the load. Refrig- 60±69 ...... 4 3 50±59 ...... 4 4 erated van containers fitted with floor 40±49 ...... 4 5 grooves meet this requirement. Van containers not fitted with floor grooves (iii) In van containers or under tar- and tarpaulins should have provision paulins: Fumiscope readings are re- for air circulation under the load by quired to assure minimum gas con- use of dunnage or pallets. Minimum centration as specified in this para- concentrations of fumigant during the graph (a)(3)(iii) of this section at the exposure period shall be maintained as end of the first one-half hour and at specified in the treatment schedules. the completion of the exposure period. Because of the presence of various gases emitted by the nuts, special fil- Methyl bromide tering procedures will be necessary for ° dosage in Exposed period Temperature ( F.) pounds per (hours) determination of the actual fumigant 1,000 cu. ft. concentrations. At the end of the treat- 90±96 ...... 4 3 ment exposure period the nuts shall be (minimum concentra- aerated for a minimum of one-half tion first 1¤2 hourÐ hour. 58 oz.). (minimum concentra- (4) Supervision of treatment. The treat- tion at completionÐ ment approved in this section must be 34 oz.). conducted under the supervision of an 80±89 ...... 4 4 (minimum concentra- inspector of the Plant Protection and tion first 1¤2 hourÐ Quarantine Programs. The inspector 58 oz.). shall require such safeguards in each (minimum concentration at completionÐ specific case for unloading and han- 32 oz.). dling of the nuts at the port of entry, 70±79 ...... 5 4 transportation of the nuts from the (minimum concentra- place of unloading to the treatment fa- tion first 1¤2 hourÐ 72 oz.). cilities, and their handling during fu- (minimum concentra- migation and aeration as required by tion at completionÐ paragraph (a)(3) of this section, as he 42 oz.). 60±69 ...... 5 5 deems necessary to prevent the spread (minimum concentra- of plant pests and assure compliance tion first 1¤2 hourÐ with the provisions of this subpart. If 72 oz.). (minimum concentra- any part of the treatment is conducted tion at completionÐ in the country of origin, the person or 40 oz.). organization requesting the service 50±59 ...... 6 5 must enter into a formal agreement (minimum concentration first 1¤2 hourÐ with the Plant Protection and Quar- 85 oz.). antine Programs to secure the services (minimum concentra- of an inspector. tion at completionÐ 50 oz.). (5) Costs. All costs of treatment, re- 40±49 ...... 6 6 quired safeguards, and supervision,

241

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2c 7 CFR Ch. III (1–1–97 Edition)

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 destroyed 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

242

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2d

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

243

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2d 7 CFR Ch. III (1–1–97 Edition)

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 condition 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 effected 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

244

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2d

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, including 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.

245

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2d 7 CFR Ch. III (1–1–97 Edition)

(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 temperature 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 treatment 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.

246

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2g

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 FR 9788, Mar. 12, 1985] successfully cold treated for the false codling moth in commercial shipments § 319.56–2f [Reserved] at the temperature prescribed in paragraph (a)(2)(v) of this section. Since § 319.56–2g Administrative instruc- commercial varieties of oranges show a 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 (a)(1) Except as otherwise provided in variety in the country of origin before these administrative instructions, fu- shipping in commercial quantities. migation with methyl bromide in vacu- [31 FR 16601, Dec. 29, 1966; as amended at 32 um fumigation chambers approved by FR 12832, Sept. 8, 1967; 32 FR 13215, Sept. 19, the Deputy Administrator of the Plant 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917, Protection and Quarantine Programs is Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR a condition of entry under permit for 40796, Aug. 10, 1994; 59 FR 67610, Dec. 30, 1994; all shipments of garlic (Allium sativum) 61 FR 47666, Sept. 10, 1996] from Algeria, Austria, Czechoslovakia, Egypt, France, Greece, Hungary, Iran, § 319.56–2e Administrative instruc- Israel, Italy, Morocco, Portugal, South tions; conditions governing the entry of cipollini from Morocco. Africa (Republic of), Spain, Switzer- land, Syria, Turkey, Union of Soviet (a) Shipments of cipollini (Muscari Socialist Republics, West Germany, comosum) from Morocco have fre- and Yugoslavia. Fumigation is to be quently been found infested at time of carried out under the supervision of a entry with an injurious insect, plant quarantine inspector and at the Exosoma lusitanica, not known to expense of the importer. While it is be- occur in the United States. The limited lieved that the garlic will be unaffected type of inspection at our disposal is not by the fumigation, the treatment will considered adequate to detect all cases be at the importer’s risk. Such entry of infestation and, since the effective- will be limited to ports named in the ness of methyl bromide fumigation in permits, where approved facilities for freeing this product from the insect in vacuum fumigation with methyl bro- question is now well established, it has mide are available. been decided to require this fumigation (2) Such vacuum fumigation shall be as a condition of entry for future ship- in accordance with the following fumi- ments. gation schedule: (b) On and after December 7, 1939, therefore, fumigation with methyl bro- DosageÐ mide will be a condition of entry for all pounds of Exposure shipments of cipollini from Morocco. ° methyl Vacuum Temperature ( F.) bromide period (inches) This treatment shall be carried out per 1,000 (hours) under the supervision of a plant quar- cu. ft. antine inspector at the expense of the 90±96 (inclusive) ...... 2 11¤2 15 importer, and release of the shipment 80±89 (inclusive) ...... 2 2 15 will be withheld until the treatment 70±79 (inclusive) ...... 21¤2 2 15 has been completed. In addition to fu- 60±69 (inclusive) ...... 3 2 15 migation only such inspection will be 50±59 (inclusive) ...... 3 3 15 given as the inspector may judge nec- 40±49 (inclusive) ...... 3 4 15

247

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2h 7 CFR Ch. III (1–1–97 Edition)

(b)(1) The following alternate proce- such procedure by the respective coun- dure is approved by the Deputy Admin- tries of origin. istrator of the Plant Protection and [24 FR 10788, Dec. 29, 1959, as amended at 35 Quarantine Programs as a condition of FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, entry under permit for shipments of 1971. Redesignated at 50 FR 9788, Mar. 12, garlic (Allium sativum) from Italy and 1985] Spain: (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 (ii) The original copy of the light brown apple moth (Epiphyas phytosanitary certificate shall be at- postvittana). tached to the manifest accompanying (2) If an APHIS inspector finds evi- the shipment. However, with the con- dence of any other insect pests for sent of the Plant Quarantine inspector, which a treatment authorized in the the importer may arrange to have the Plant Protection and Quarantine original phytosanitary certificate Treatment Manual is available, the mailed direct to the Inspector in grapes will remain eligible for importa- Charge, Plant Protection and Quar- tion into the United States only if they antine Programs, at the port of entry, are treated for the pests in Australia, if this will expedite inspection and re- or at their first port of arrival in the lease of certified shipments. If such an United States, under the supervision of arrangement is made, a copy of the an APHIS inspector. phytosanitary certificate shall be at- (b) Authorized treatments. Authorized tached to the manifest accompanying treatments are listed in the Plant Pro- the shipment. tection and Quarantine Treatment 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- spection upon arrival in the United ter, ‘‘Materials incorporated by ref- States and if found infested with living erence.’’ stages of Brachycerus spp. or Dyspessa (c) Trust Fund Agreement. Grapes that ulula (Bkh.) shall be fumigated in ac- undergo the fumigation phase of their cordance with paragraph (a) of this sec- treatment in Australia may be im- tion. ported into the United States only if (2) The entry of certified garlic under the national plant protection service of the alternate procedure provided for in Australia has entered into a trust fund paragraph (b)(1) of this section will be agreement with APHIS. This agree- limited to the ports named in para- ment requires the national plant pro- graph (a)(1) of this section or such tection service of Australia to pay in other ports as may subsequently be advance all costs that APHIS esti- named in the permits. mates it will incur in providing serv- (3) Continuance of the alternate pro- ices in Australia. These costs include cedure provided for in paragraph (b)(1) administrative expenses and all sala- of this section for the importation of ries (including overtime and the Fed- Italian or Spanish garlic is contingent eral share of employee benefits), travel upon the satisfactory observance of expenses, and other incidental expenses

248

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2j

incurred by APHIS inspectors in per- accordance with § 319.56–2f of this sub- forming these services. The agreement part. The Plant Protection and Quar- requires the national plant protection antine Treatment Manual is incor- service of Australia to deposit a cer- porated by reference. For the full identified or cashier’s check with APHIS tification of this standard, see § 300.1 of for the amount of these costs, as esti- this chapter ‘‘Materials incorporated mated by APHIS. If the deposit is not by reference.’’ sufficient to meet all costs incurred by (b) Department not responsible for dam- APHIS, the agreement further requires age. The treatments for mangoes pre- the national plant protection service of scribed in § 319.56–2f of this subpart and Australia to deposit with APHIS a cer- in the Plant Protection and Quarantine tified or cashier’s check for the amount Treatment Manual are judged from ex- of the remaining costs, as determined perimental tests to be safe. However, by APHIS, before the grapes may be the Department assumes no respon- imported. After a final audit at the sibility for any damage sustained conclusion of each shipping season, any through or in the course of such treat- overpayment of funds would be re- ment. turned to the national plant protection [55 FR 39134, Sept. 25, 1990] service of Australia, or held on account until needed. § 319.56–2j Conditions governing the (d) Department not responsible for dam- entry of apples and pears from Aus- age. The treatment for grapes from tralia (including Tasmania) and Australia prescribed in the Plant Pro- New Zealand. 2 tection and Quarantine Treatment Apples and pears from Australia (in- Manual is judged from experimental cluding Tasmania) and New Zealand tests to be safe. However, the Depart- may be imported only in accordance ment assumes no responsibility for any with § 319.56–2(e) (2) or (3) and under damage sustained through or in the permit and in compliance with this sec- course of such treatment. tion and the other requirements of this subpart. [55 FR 25953, June 26, 1990] (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.’’ (2) Treatment with an authorized 2 Apples and pears from Australia (exclud- treatment listed in the Plant Protec- ing Tasmania) where certain tropical fruit tion and Quarantine Treatment Man- flies occur are also subject to the cold treat- ual will meet the treatment requirement requirements of § 319.56–2d. 3 ments imposed under § 319.56–2 as a con- A shipment is defined as all of a type (genus) of fruit from the same country of ori- dition for the importation into the gin offered at a U.S. port and from a single United States of mangoes from Mexico. carrier, regardless of marks and numbers, Manila mangoes from Mexico may also growers’ lots, Customs entries, or numbers of be imported into the United States in importers involved.

249

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2j 7 CFR Ch. III (1–1–97 Edition)

as prescribed in paragraph (a)(2) of this 2 lb for 2 hours at 70°±79° F. section. If any such pests are found on 21¤2 lb for 2 hours at 60°±69° F. such inspection the shipment must be 3 lb for 2 hours at 50°±59° F. ° ° treated as prescribed in paragraph 4 lb for 2 hours at 40 ±49 F. (a)(2) of this section. (ii) Tarpaulin truck van and refrig- (2) Approved fumigation. Fumigation erator railway car fumigation: with methyl bromide in accordance MB at NAP 11¤2 lb/1,000 ft3 for 21¤2 hours at 80°± with procedures described in this sec- 89° F. (18 oz minimum gas con- tion is effective against certain insect centration at 1¤2 hour) (14 oz mini- pests of the family Tortricidae found in mum gas concentration at 21¤2 Australia (including Tasmania) and 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 hours). 21¤2 lbs/1,000 ft3 for 21¤2 ment of apples or pears required to be ° ° treated under paragraph (a)(1) of this hours at 60 ±69 F. (31 oz minimum gas concentration at 1¤2 hour) section. (24 oz minimum gas concentration The fruit may be fumigated in normal at 21¤2 hours). 3 lbs/1,000 ft3 for 1 ° ° atmospheric chambers, under tarpau- 2 ¤2 hours at 50 ±59 F. (36 oz min- 1 lins, in van trucks or other enclosures imum gas concentration at ¤2 hour) (28 oz. minimum gas concentration that have been approved for that pur- at 21¤2 hours). 4 lb/1,000 ft3 for 21¤2 pose by an inspector of the plant pro- hours at 40°±49° F. (45 oz mini- tection and quarantine programs. mum gas concentration at 1¤2 hour) When the fumigation is carried out, it (34 oz minimum gas concentration must be accomplished in a manner sat- 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 (4) Supervision of treatment. The treat- crates, fiberboard cartons, or other ment approved in this section must be gas-permeable containers. The fruit conducted under the supervision of an must be packed so as to provide for inspector of the plant protection and maximum distribution of the fumigant. quarantine programs. The inspector If the fruit is packed in a gas-imper- shall require such safeguards in each vious liner, the liner must be per- specific case for unloading and han- forated to provide for the entry and dling of the fruit at the port of entry, aeration of the methyl bromide gas. transportation of the fruit from the The individual fruit may be wrapped place of unloading to the treatment fa- with tissue paper. Cubic feet of space cilities, and its handling during fumi- under fumigation shall include the load gation and aeration as required by of fruit to be fumigated. The exposure paragraph (a)(2) of this section, as he period shall begin when all the fumi- deems necessary to prevent the spread gant which has been introduced into of insect pests and assure compliance the chamber or enclosure has been with the provisions of this subpart. volatilized. The fumigation tempera- (5) Costs. All costs of treatment, re- tures required in these treatments quired safeguards, and supervision, shall be that of the pulp temperatures other than the services of the super- of the fruit. Fumigation with methyl vising inspector during regularly as- bromide shall be in accordance with signed hours of duty and at the usual the following schedules: place of duty, shall be borne by the (i) Chamber: 1 owner of the fruit or his representa- MB at NAP 11¤2 lb for 2 hours at 80°±89° F. tive. (6) Department not responsible for dam- ages. The treatment prescribed in para- 1 MB=methyl bromide; NAP=normal atmos- graph (a)(2) of this section is judged pheric pressure.

250

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2k

from experimental tests and uses for promptly for treatment without danger quarantine purposes to be safe for fu- of plant pest dissemination. 1 migation of apples and pears. However, (d) Approved fumigation. Approved fu- the Department assumes no respon- migation shall consist of fumigation sibility for any damage sustained with methyl bromide at normal atmos- through or in the course of the treat- pheric pressure in a fumigation cham- ment or because of safeguards required ber that has been approved for that under paragraph (a)(4) of this section. purpose by the Plant Protection and Quarantine Programs. The fumigation (Secs. 5 and 9, 37 Stat. 316, 318 (7 U.S.C. 159, may also be accomplished under tar- 162); 37 FR 28464, 28477, as amended; 38 FR paulins in a manner, satisfactory to 19141) the inspector, that will insure adequate [38 FR 9005, Apr. 9, 1973, as amended at 47 FR air and fruit temperatures, volatiliza- 13320, Mar. 30, 1982. Redesignated at 50 FR tion, distribution, and concentration of 9788, Mar. 12, 1985] the fumigant. Such fumigation shall be in accordance with the following fumi- § 319.56–2k Administrative instruc- gation schedule: tions prescribing method of fumigation of field-grown grapes from Methyl bromide dos- specified countries. Temperature, degrees age in pounds per Exposure F. 1,000 cubic feet timeÐhours Approved fumigation with methyl bromide at normal atmospheric pres- 70±79 ...... 2 21¤2 60±69 ...... 21¤2 21¤2 sure, in accordance with the following 50±59 ...... 3 21¤2 procedure, is hereby prescribed as a 40±49 ...... 31¤2 21¤2 condition of entry under permit for all shipments of field-grown grapes from (e) Supervision of fumigation. Inspec- the continental countries of southern tors of the Plant Protection and Quar- antine Programs shall supervise the fu- and middle Europe, North Africa, and migation of grapes and shall prescribe the Near East listed in paragraph (a) of such safeguards as may be necessary this section. This fumigation shall be for unloading, handling, and transpor- in addition to other conditions pre- tation preparatory to fumigation or scribed in the permit as conditions of other treatment. The final release of entry for field-grown grapes from the the fruit for entry into the United areas named. States will be conditioned upon com- (a) Continental countries of southern pliance with prescribed safeguards and and middle Europe, North Africa, and the required treatments. Near East. As used in this section, the (f) Costs. All costs of treatment and term ‘‘continental countries of south- required safeguards and supervision, ern and middle Europe, North Africa, other than the services of the super- and the Near East’’ means Algeria, vising inspector during regularly as- Austria, Bulgaria, Cyprus, Egypt, signed hours of duty and at the usual France, Germany, Greece, Hungary, Is- place of duty, shall be borne by the rael, Italy, Libya, Luxembourg, Por- owner of the grapes or his representa- tugal, Spain, Switzerland, Syria, and tive. (g) Department not responsible for dam- Union of Soviet Socialist Republics. age. The treatment prescribed in para- (b) Ports of entry. Grapes to be offered graph (d) of this section is judged from for entry must be shipped from the experimental tests to be safe for use country of origin to New York or such with field-grown grapes. However, the other North Atlantic ports as may be Department assumes no responsibility named in the permit. for any damage sustained through or in (c) Precooling of fruit. Grapes to be of- the course of such treatment or by fered for entry must be shipped under refrigeration and the fruit may not be 1 Grapes from countries where the Medi- removed from the vessel until the in- terranean fruit fly occurs are subject to the spector has satisfied himself that this cold treatment as described in § 319.56–2d. requirement has been complied with Under certain conditions such treatment may be effected in transit or upon arrival at and that the fruit can be moved the port of New York.

251

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2l 7 CFR Ch. III (1–1–97 Edition)

compliance with requirements under ventilated location. Fumigation of paragraph (e) of this section or in the yams below the minimum temperature precooling of fruit required prior to un- prescribed in the fumigation schedule loading from the vessel. may result in injury to the yams and [24 FR 10788, Dec. 29, 1959. Redesignated at 50 should be avoided. Yams are sensitive FR 9788, Mar. 12, 1985] to bruising and should be carefully packed to prevent this. At the same § 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 age. While the prescribed treatment is 80±89 ...... 3.0 4 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 introduced 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

252

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2m

handled and certified as provided in will be conditioned upon compliance this subparagraph will be eligible for with such requirements and upon satis- entry under permit under § 319.56–2. factory inspection on arrival to deter- (i) Approved fumigation. The yams mine efficacy of treatment. shall be fumigated at approved plants (v) Costs. All costs incident to fumi- in Cuba in accordance with paragraph gation, including those for construc- (a)(2) of this section. tion, equipping, maintaining and oper- (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 plant and to supervise the treatment (vi) Department not responsible for and posttreatment handling of the damage. The treatment prescribed in yams in Cuba. Those in interest must paragraph (a)(2) of this section is make advance arrangements for ap- judged from experimental tests to be proval of the fumigation plant and for safe for use with yams. However, the supervision, and furnish the Deputy Department assumes no responsibility Administrator of the Plant Protection for any damage sustained through or in 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 subsection. sequent handling of the yams so fumigated 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- against insect infestation during the tions prescribing method of fumiga- period prior to shipment from Cuba, in tion of apricots, grapes, nectarines, 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

253

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2n 7 CFR Ch. III (1–1–97 Edition)

limitation as to origin, and require- (d) Costs. All costs of treatment and ments as to marking containers, safe- required safeguards and supervision, guarding shipments from fruit fly in- other than the services of the super- festation, and obtaining Chilean cer- vising inspector during regularly as- tification. signed hours of duty and at the usual (a) Ports of entry. (1) Grapes from place of duty, shall be borne by the Chile may be imported through all owner of the fruits or his representa- maritime ports when approved facili- tive. ties are available for fumigation in ap- (e) Department not responsible for dam- proved chambers or under tarpaulins. age. The treatment prescribed in para- (2) Apricots, nectarines, peaches, graph (b) of this section is judged from plumcot, and plums from Chile may be experimental tests to be safe for use imported through ports on the Great with apricots, grapes, nectarines, Lakes, or on the Atlantic and Gulf peaches, plumcot, and plums from Coasts (exclusive of Florida ports), sub- Chile. However, the Department as- ject to the availability of such ap- sumes no responsibility for any damage proved fumigation facilities. sustained through or in the course of (b) Approved fumigation. Approved fu- such treatment or by compliance with migation shall consist of fumigation requirements under paragraph (c) of with methyl bromide at normal atmos- this section. pheric pressure in a fumigation chamber that has been approved for that [25 FR 10865, Nov. 16, 1960, as amended at 36 purpose by the Plant Protection and FR 24917, Dec. 24, 1971. Redesignated at 50 FR Quarantine Programs. The fumigation 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; may also be accomplished under tar- 58 FR 69179, Dec. 30, 1993] paulins in a manner, satisfactory to § 319.56–2n Administrative instruc- the inspector, that will ensure ade- tions prescribing a combination quate air and fruit temperatures, and treatment of fumigation plus refrig- volatilization, distribution, and con- eration for certain fruits. centration of the fumigant. The treatment period shall be 2 hours for cham- Fumigation with methyl bromide at normal atmospheric pressure followed ber fumigation and 21⁄2 hours for tarpaulin fumigation, and the load shall by refrigerated storage, in accordance not exceed 80 percent of the chamber with the procedures described in this volume or area enclosed by the tarpau- section, is specific for the Mediterra- lin. The fumigation shall be in accord- nean fruit fly, the oriental fruit fly, ance with the following schedule: and the grape vine moth, and for certain pests of grapes and other fruit from Chile, but may not be effective ° DosageÐpounds of methyl Temperature ( F.) bromide per 1,000 cu. ft. against certain other dangerous pests of fruit. Accordingly this treatment 80±89 (inclusive) ...... 11¤2 70±79 (inclusive) ...... 2 will be approved for use as an alter- 60±69 (inclusive) ...... 21¤2 native method of treatment to the 50±59 (inclusive) ...... 3 methods prescribed in § 319.56–2d and 40±49 (inclusive) ...... 4 § 319.56–2n, in connection with the issu- (c) Supervision of fumigation. Inspec- ance of permits under § 319.56–4 for the tors of the Plant Protection and Quar- importation of fruits from any country antine Programs shall supervise the fu- when it is determined that the pest migation of apricots, grapes, nec- risk involved in the proposed importa- tarines, peaches, plumcot, and plums tion is such that it will be eliminated from Chile and shall prescribe such by this treatment. safeguards as may be necessary for un- (a) Ports of entry. Fruits to be offered loading, handling, and transportation for entry may be shipped from the preparatory to fumigation or other country of origin to United States treatment. The final release of the ports which are named in the permit. fruit for entry into the United States (b) Approved treatment. The phases of will be conditioned upon compliance the combination treatment shall con- with prescribed safeguards and resist of fumigation and aeration, and a quired treatments. precooling and refrigeration period.

254

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2n

The fumigation dosage rates and refrigeration periods are designated in the following table:

255

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2n 7 CFR Ch. III (1–1–97 Edition) F. ° 10 ±56 ° 50 F. ° 3 6 11 ±47 ° 43 F. ° 4 6 ±40 ° Days of refrigeration atÐ 34 F. ° 4 ±37 ° 33 2 ¤ 1 hours 2 hours 3 hours Exposure period F. or above dosage ° ...... 2 Methyl bromide at 70 2 pounds/1000 cubic feet 2 pounds/1000 cubic feet 2 pounds/1000 cubic feet

256

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2o

(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 treatment 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.

257

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2o 7 CFR Ch. III (1–1–97 Edition)

(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 (c) Supervision of treatments and subse- storage on board approved transiting quent handling. The treatment ap- vessels are enterable at the U.S. ports 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 quired safeguards, and supervision of Plant Protection and Quarantine Pro- treatments by the inspector shall be grams. The dosage shall be two pounds borne by the owner of the avocados or 1 ° per 1,000 cubic feet for 2 ⁄2 hours at 70 his representative when the treatment F. or above. At the conclusion of the is given in foreign countries. There is 1 2 ⁄2-hour exposure period, the avocados no charge for supervision of treatments shall be aerated for minimum of 30 given at authorized U.S. ports of entry minutes. Avocados to be fumigated during regularly scheduled hours of shall be restricted to fruit at the ma- duty. ture green stage of development and be arranged in ventilated wooden boxes, (e) Department not responsible for dam- without packing material or age. The treatment prescribed in para- wrappings. Fumigation chambers graph (b) of this section is judged from should not be loaded to more than two- experimental tests to be safe for use on thirds of their capacity. Tarpaulin en- avocados at the mature green stage of closures should not be loaded to more development. However, the Department than 80 percent of their capacity. The of Agriculture assumes no responsibil- 21⁄2-hour exposure period shall begin ity for any damage sustained through when all the fumigant has been volatil- or in the course of treatment. There ized and introduced into the enclosure. has not been an opportunity to test the Forced circulation above and below the treatment on all varieties of avocados load, and between individual contain- that may be offered for entry from var- ers, shall be provided as soon as the av- ious countries. It is recommended that ocados are loaded in the chamber and the phytotoxicity of the treatment to shall continue during the full period of the variety to be shipped shall be test- fumigation and until the avocados have ed by exporters in the country of origin been removed to a well ventilated loca- or by means of test shipments sent to tion. this country. (2) The refrigerated phase of the treatment shall consist of refrigeration [35 FR 2503, Feb. 4, 1970, as amended at 36 FR for 7 days at 45° F. or below. Cooling of 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-

258

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2p

§ 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 Unit- (1) Under § 319.56–2, okra may be im- ed 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 Unit- cluding the Leeward Islands, the Wind- ed States will depend upon the avail- ward Islands, and the islands north of ability of qualified inspectors for as- Venezuela); signment 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. (3) Fumigation schedule. Such fumiga- to introduce into the commerce of the tion shall be in accordance with the United States after release from gov- following fumigation schedule: ernment detention; (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

259

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2p 7 CFR Ch. III (1–1–97 Edition)

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.

260

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2r

(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- tucky, Missouri, or Virginia south of Protection and Quarantine Treatment the 38th parallel. Manual is incorporated by reference. (d) Importation of okra without treat- See § 300.1 of this chapter, Materials in- ment from the West Indies and certain corporated by reference.’’ If the treatment countries in South America. Okra pro- authorized by the Plant Protection and duced in the West Indies, Colombia, Ec- Quarantine Treatment Manual is not uador, Peru, Venezuela, or other South available, or if no authorized treatment American country, designated in ac- exists, the okra may not be entered into cordance with § 319.56–2 in a permit to the United States. 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 bollworm in paragraph (d)(2) of this § 319.56–2q [Reserved] section if destined to: Alaska, Colo- rado, Connecticut, Delaware, Hawaii, § 319.56–2r Administrative instructions governing the entry of apples and Idaho, Indiana, Iowa, Kansas, Maine, pears from certain countries in Eu- Maryland, Massachusetts, Michigan, rope. Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, (a) Importations allowed. Pursuant to North Dakota, Ohio, Oregon, Penn- § 319.56(c), the Administrator has deter- sylvania, Rhode Island, South Dakota, mined that the following fruits may be Utah, Vermont, Washington, West Vir- imported into the United States in ac- ginia, Wisconsin, or Wyoming, or the cordance with this section and other District of Columbia, or any part of Il- applicable provisions of this subpart: linois, Kentucky, Missouri, or Virginia, (1) Apples from Belgium, Denmark, north of the 38th parallel. France, Great Britain, Italy, The Neth- (e) Importation of okra without treat- erlands, Northern Ireland, Norway, ment from Andros Island of the Bahamas; Portugal, the Republic of Ireland, and okra without treatment from the West Spain, Sweden, Switzerland, and West Indies for importation into the American Germany; Virgin Islands. Okra produced in Andros (2) Pears from Belgium, France, Island, Bahamas, may be imported into Great Britain, Italy, The Netherlands, the United States under permit Portugal, and Spain.

261

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2r 7 CFR Ch. III (1–1–97 Edition)

(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. spection services; and all salaries (in- (3) The apples or pears must be proc- cluding overtime and the federal share essed and inspected in the approved of employee benefits), travel expenses packing sheds as follows: (including per diem expenses), and (i) Upon arrival at the packing shed, other incidental expenses incurred by the apples or pears must be inspected the inspectors in performing these for insect pests as follows: For each services. The agreement requires the grower lot (all fruit delivered for proc- plant protection service to deposit a essing from a single orchard at a given certified or cashier’s check with the time), packing shed technicians must Animal and Plant Health Inspection examine all fruit in one carton on Service (APHIS) for the amount of every third pallet (there are approxi- these costs, as estimated by PPQ. If mately 42 cartons to a pallet), or at the deposit is not sufficient to meet all least 80 apples or pears in every third costs incurred by PPQ, the agreement bin (if the fruit is not in cartons on further requires the plant protection pallets). If they find any live larva or service to deposit with APHIS a cer- pupa of Leucoptera malifoliella, they tified or cashier’s check for the amount must reject the entire grower lot for of the remaining costs, as determined shipment to the United States, and the by PPQ, before the inspection will be plant protection service must reject for completed. shipment any additional fruit from the (c) Responsibilities of the exporting producing orchard for the remainder of country. The apples or pears may be im- the shipping season. ported in any single shipping season (ii) The apples or pears must be sort- only if all of the following conditions ed, sized, packed, and otherwise han- are met: dled in the packing sheds on grading (1) Officials of the plant protection and packing lines used solely for fruit service must survey each orchard pro- intended for shipment to the United ducing apples or pears for shipment to States, or, if on grading and packing the United States at least two times lines used previously for other fruit, between the time of spring blossoming only after the lines have been washed and harvest. If the officials find any with water. leaf mines that suggest the presence of (iii) During packing operations, ap- Leucoptera malifoliella in an orchard, ples and pears must be inspected for in- the officials must reject any fruit har- sect pests as follows: All fruit in each vested from that orchard during that grower lot must be inspected at each of growing season for shipment to the two inspection stations on the packing United States. If the officials find evi- line by packing shed technicians. In ad- dence in an orchard of any other plant dition, one carton from every pallet in pest referred to in paragraph (g) of this each grower lot must be inspected by section, they must ensure that the or- officials of the plant protection serv- chard and all other orchards within 1 ice. If the inspections reveal any live kilometer of that orchard will be treat- larva or pupa of Leucoptera malifoliella,

262

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2r

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 pest is found for which no treatment of that rejection. Additionally, if in- authorized in the Plant Protection and spectors reject any three inspection Quarantine Treatment Manual is avail- units in a single shipping season be- able, the entire grower lot will be re- cause of Leucoptera malifoliella on fruit jected for shipment to the United processed by a single packing shed, no States. additional fruit from that packing shed (4) Apples or pears that pass inspec- will be accepted for shipment to the tion at approved packing sheds must be United States for the remainder of that presented to PPQ inspectors for shipping season. preclearance inspection as prescribed in paragraph (d) of this section or for (ii) If the inspectors find evidence of inspection in the United States as pre- any other plant pest referred to in scribed in paragraph (h) of this section. paragraph (g) of this section, and a (5) Apples and pears presented for treatment authorized in the Plant Pro- preclearance inspection must be identi- tection and Quarantine Treatment fied with the packing shed where they Manual is available, fruit in the inspec- were processed, as well as with the pro- tion unit will remain eligible for ship- ducing orchard, and this identity must ment to the United States if the entire be maintained until the apples or pears inspection unit is treated for the pest arrive in the United States. under the supervision of a PPQ inspec- (6) Facilities for the preclearance in- tor. However, if the entire inspectional spections prescribed in paragraph (d) of unit is not treated in this manner, or if this section must be provided in the ex- a plant pest is found for which no porting country at a site acceptable to treatment authorized in the Plant Pro- PPQ. tection and Quarantine Treatment (7) Any apples or pears rejected for Manual is available, the inspectors will shipment into the United States may reject the entire inspection unit for not, under any circumstance, be pre- shipment to the United States. Rejec- sented again for shipment to the Unit- tion of an inspection unit because of ed States. pests other than Leucoptera malifoliella (d) Preclearance inspection. will not be cause for rejecting addi- Preclearance inspection will be con- tional fruit from an orchard or packing ducted in the exporting country by shed. PPQ inspectors. Preclearance inspec- (iii) Apples and pears precleared for tion will be conducted for a minimum shipment to the United States as pre- of 6,000 cartons of apples or pears, scribed in this paragraph will not be in- which may represent multiple grower spected again in the United States (ex- lots from different packing sheds. The cept as necessary to ensure that the cartons examined during any given fruit has been precleared) unless the preclearance inspection will be known preclearance program with the export- as an inspection unit. Apples or pears ing country is terminated in accord- in any inspection unit may be shipped ance with paragraph (e) of this section.

263

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2r 7 CFR Ch. III (1–1–97 Edition)

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; (e) Termination of preclearance pro- (ii) 15 or more of the inspection units grams. The Administrator may termi- 1–40; nate the preclearance program in a (iii) 20 or more of the inspection country if he determines that any of units 1–60; the conditions specified in paragraph (iv) 25 or more of the inspection units (c) of this section are not met or be- 1–80; cause of pests found during (v) 30 or more of the inspection units preclearance inspections. Termination 1–100; or of the preclearance program will stop (vi) 35 or more of the inspection units shipments of apples or pears from that 1–120. country for the remainder of that ship- (Sequence can be continued in incre- ping season. Termination of the ments of 20 inspection units by increas- preclearance program for findings of ing the number of rejected inspection Leucoptera malifoliella in preclearance units by 5.) inspections in any country will be (f) Cold treatment. In addition to all based on rates of rejection of inspec- other requirements of this section, ap- tion units as follows: ples or pears may be imported into the (1) Termination because of findings United States from France, Italy, Por- of Leucoptera malifoliella. The pre-clear- tugal, or Spain only if the fruit is cold ance program will be terminated with a treated for the Mediterranean fruit fly country when, in one shipping season, in accordance with § 319.56–2d of this inspection units are rejected because of subpart. Leucoptera malifoliella as follows: (g) Plant pests; authorized treatments. (i) 5 inspection units in sequence (1) Apples from Belgium, Denmark, among inspection units 1–20, or a total France, Great Britain, Italy, the Neth- of 8 or more of the inspection units 1– erlands, Northern Ireland, Norway, 20; Portugal, the Republic of Ireland, (ii) 5 inspection units in sequence Spain, Sweden, Switzerland, and West among inspection units 21–40, or a total Germany; and pears from Belgium, of 10 or more of the inspection units 1– France, Great Britain, Italy, the Neth- 40; erlands, Portugal, and Spain may be (iii) 5 inspection units in sequence imported into the United States only if among inspection units 41–60, or a total they are found free of the following of 12 or more of the inspection units 1– pests or, if an authorized treatment is 60; available, they are treated for the pest (iv) 5 inspection units in sequence under the supervision of a PPQ inspec- among inspection units 61–80, or a total tor: the pear leaf blister moth of 14 or more of the inspection units 1– (Leucoptera malifoliella (O.G. Costa) 80; (Lyonetiidae)), the plum fruit moth (v) 5 inspection units in sequence (Cydia funebrana (Treitschke) among inspection units 81–100, or a (Tortricidae)), the summer fruit tortrix

264

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2s

moth (Adoxophyes orana (Fischer von Chile in accordance with this section Rosslertamm) (Tortricidae)), a leaf and other applicable provisions of this roller (Argyrotaenia pulchellana subpart, as an alternative to importa- (Haworth) (Tortricidae)), and other in- tion in accordance with § 319.56–2m. sect pests that do not exist in the Unit- (b) Trust fund agreement. Except as ed States or that are not widespread in provided in § 319.56–2m or in paragraph the United States. (g) of this section, apricots, nectarines, (2) Authorized treatments are listed peaches, plumcot, and plums may be in the Plant Protection and Quarantine imported only if the plant protection Treatment Manual. The Plant Protec- service of Chile (Servicio Agricola Y tion and Quarantine Treatment Man- Ganadero, referred to in this section as ual is incorporated by reference. For SAG), has entered into a trust fund the full identification of this standard, agreement with the Animal and Plant see § 300.1 of this chapter, ‘‘Materials Health Inspection Service (APHIS) for incorporated by reference.’’ that shipping season. This agreement (h) Inspection in the United States. requires SAG to pay in advance all es- Notwithstanding provisions to the con- timated costs incurred by APHIS in trary in paragraphs (c) and (d) of this providing the preclearance prescribed section, the Administrator may allow in paragraph (d) of this section. Pay- apples or pears imported under this ment of costs will be made on a month- section to be inspected at a port of ar- ly or other schedule designated by rival in the United States, in lieu of a APHIS, but payment must be made for preclearance inspection, under the fol- each preclearance service before lowing conditions: APHIS provides the service. These (1) The Administrator has deter- costs will include administrative ex- mined that inspection can be accom- penses incurred in conducting the plished at the port of arrival without preclearance services; and all salaries increasing the risk of introducing in- (including overtime and the federal sect pests into the United States; share of employee benefits), travel ex- (2) Each pallet of apples or pears penses (including per diem expenses), must be completely enclosed in plastic, and other incidental expenses incurred to prevent the escape of insects, before by the inspectors in providing these it is offloaded at the port of arrival; services. The agreement requires SAG (3) The entire shipment of apples or to deposit certified or cashier’s checks pears must be offloaded and moved to with APHIS for the amount of these an enclosed warehouse, where adequate costs, as estimated by APHIS based on inspection facilities are available, projected shipment volumes and cost under the supervision of PPQ inspec- figures from previous inspections. The tors. agreement further requires that, if the (4) The Administrator must deter- deposit is not sufficient to meet all mine that a sufficient number of in- costs incurred by APHIS, SAG must spectors are available at the port of ar- deposit with APHIS a certified or cash- rival to perform the services required. ier’s check for the amount of the re- (5) The method of inspection will be maining costs, as determined by the same as prescribed in paragraph (d) APHIS, before the inspections will be of this section for preclearance inspec- completed. The agreement also re- tions. quires that, in the event of unexpected [52 FR 46058, Dec. 4, 1987, as amended at 60 end-of-season costs, SAG must deposit FR 14208, Mar. 16, 1995] with APHIS a certified cashier’s check sufficient to meet such costs as esti- § 319.56–2s Administrative instructions mated by APHIS, before any further governing the entry of apricots, preclearance services will be provided. nectarines, peaches, plumcot, and If the amount SAG deposits during the plums from Chile. shipping season exceeds the total costs (a) Importations allowed. Pursuant to incurred by APHIS in providing § 319.56(c), the Administrator has deter- preclearance services, the difference mined that apricots, nectarines, peach- will be returned to SAG by APHIS at es, plumcot, and plums may be im- the end of the shipping season upon re- ported into the United States from quest, or otherwise will be applied to

265

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2s 7 CFR Ch. III (1–1–97 Edition)

preclearance services for the next shipment authorized in the Plant Protec- ping season. tion and Quarantine Treatment Man- (c) Responsibilities of Servicio Agricola ual is available, the entire inspection Y Ganadero. SAG will ensure that: unit will not be eligible for shipment to (1) Apricots, nectarines, peaches, the United States. plumcot, or plums are presented to (ii) Apricots, nectarines, peaches, APHIS inspectors for preclearance in plumcot, and plums precleared for their shipping containers at the ship- shipment to the United States as pre- ping site for preclearance as prescribed scribed in this paragraph will not be in- in paragraph (d) of this section. spected again in the United States ex- (2) Apricots, nectarines, peaches, cept as necessary to ensure that the plumcot, and plums presented for in- fruit has been precleared and for occa- spection are identified in shipping doc- sional monitoring purposes. uments accompanying each load of (e) Termination of preclearance pro- fruit that identify the packing shed grams. Shipments of apricots, nec- where they were processed and the or- tarines, peaches, plumcot, and plums chards where they were produced; and will be individually evaluated regard- this identity is maintained until the ing the rates of infestation of inspec- apricots, nectarines, peaches, or plums tion units of these articles presented are released for entry into the United for preclearance. The inspection pro- States. gram for an article will be terminated (3) Facilities for the inspections pre- when inspections determine that the scribed in paragraph (d) of this section rate of infestation of inspection units are provided in Chile at an inspection of the article by pests listed in parasite acceptable to APHIS. graph (f) of this section exceeds 20 per- (d) Preclearance inspection. cent calculated on any consecutive 14 Preclearance inspection will be con- days of actual inspections (not count- ducted in Chile under the direction of ing days on which inspections are not APHIS inspectors. An inspection unit conducted). Termination of the inspec- will consist of a lot or shipment from tion program for an article will require which a statistical sample is drawn and mandatory treatment in Chile, prior to examined. An inspection unit may represent multiple grower lots from dif- shipment to the United States, of ship- ferent packing sheds. Apricots, nec- ments of the article for the remainder tarines, peaches, plumcot, or plums in of that shipping season. If a any inspection unit may be shipped to preclearance inspection program is ter- the United Sates only if the inspection minated with Chile, precleared fruit in unit passes inspection as follows: transit to the United States at the (1) Inspectors will examine, fruit by time of termination will be spot- fruit, the contents of the cartons which checked by APHIS inspectors upon ar- were selected based on a sampling rival in the United States for evidence scheme established for each inspection of plant pests referred to in paragraph unit. An APHIS inspector will des- (f) of this section. ignate which cartons to inspect in each (f) Plant pests; authorized treatments. inspection unit to ensure that units in- (1) Apricots, nectarines, peaches, fested at a level of 3 percent or more plumcot, or plums from Chile may be will be identified with a confidence imported into the United States only if level of 95 percent. they are found free of the following (i) If the inspectors find evidence of pests or, if an authorized treatment is any plant pest for which a treatment available, they are treated for the pest authorized in the Plant Protection and under the supervision of an APHIS in- Quarantine Treatment Manual is avail- spector: Proeulia spp., Leptoglossus able, fruit in the inspection unit will chilensis, Megalometis chilensis, remain eligible for shipment to the Naupactus xanthographus, Listroderes United States if the entire inspection subcinctus, and Conoderus rufangulus, unit is treated for the pest in Chile. and other insect pests that the Admin- However, if the entire inspection unit istrator has determined do not exist, or is not treated in this manner, or if a are not widespread, in the United plant pest is found for which no treat- States.

266

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2t

(2) Authorized treatments are listed (3) The entire shipment of apricots, in the Plant Protection and Quarantine nectarines, peaches, plumcot, or plums Treatment Manual. The Plant Protec- must be offloaded and moved, under tion and Quarantine Treatment Man- the supervision of APHIS inspectors, to ual is incorporated by reference. For an enclosed warehouse, where inspec- the full identification of this standard, tion and treatment facilities are avail- see § 300.1 of this chapter. ‘‘Materials able. incorporated by reference.’’ (4) The Administrator must deter- (g) Inspection in the United States. mine that a sufficient number of in- Notwithstanding provisions to the contrary in paragraphs (c) and (d) of this spectors are available at the port of ar- section, the Administrator may, in rival to perform the services required. emergency or extraordinary situations, (5) The method of sampling and in- allow apricots, nectarines, peaches, spection will be the same as prescribed plumcot, or plums imported under this in paragraph (d) of this section for section to be inspected at a port of ar- preclearance inspections. rival in the United States, in lieu of a [55 FR 42352, Oct. 19, 1990, as amended at 58 preclearance inspection of fumigation FR 69179, Dec. 30, 1993] in Chile, under the following conditions: § 319.56–2t Administrative instruc- (1) The Administrator is satisfied tions: conditions governing the that a unique situation exists which entry of certain fruits and vegeta- justifies a limited exception to manda- bles. tory preclearance; (2) The Administrator has deter- The following commodities may be mined that inspection and/or treat- imported into all parts of the United ment can be accomplished at the in- States, unless otherwise indicated, tended port of arrival without increas- from the places specified, in according the risk of introducing insect pests ance with § 319.56–6 and all other appli- into the United States; cable requirements of this subpart:

Country/locality Common name Botanical name Plant part(s)

Argentina ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. 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 Barbados ...... Banana ...... Musa spp ...... Flower. Belgium ...... 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 accompanied by a phytosanitary certificate issued by the Belizean department of agriculture stating that the fruit originated in the district of Cayo, Corozal, or Or- ange Walk. Papayas from other districts enterable only with treatmentÐsee § 319.56±2x). Prohib- ited entry into Hawaii due to Toxotrypana curicauda. Cartons in which fruit is packed must be stamped ≥Not for importation into or distribution within Hl.

267

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2t 7 CFR Ch. III (1–1–97 Edition)

Country/locality Common name Botanical name Plant part(s)

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. 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 ...... 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 outside Medfly-free areas must be treated 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 outside Medfly-free areas must be treated 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 distribution 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. Yam bean ...... 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. El Salvador ...... Basil ...... Ocimum spp...... Above ground parts. Cilantro ...... Coriandrum sativum ...... Above ground parts. Dill ...... Anethum graveolens ...... Above ground parts.

268

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2t

Country/locality Common name Botanical name Plant part(s)

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. 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 ...... Leaf and stem. Yam bean ...... 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 dasheen mosaic virus. Cartons in which dasheen 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 ...... 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. 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. Netherlands ...... Radish ...... Raphanus sativus ...... Root. New Zealand ...... Avocado ...... Persea americana ...... Fruit. Fig ...... Ficus carica ...... Fruit.

269

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2t 7 CFR Ch. III (1–1–97 Edition)

Country/locality Common name Botanical name Plant part(s)

Oca ...... Oxalis tuberosa ...... Tuber. Nicaragua ...... Cilantro ...... Coriandrum sativum ...... 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 ...... Leaf and stem. 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 ...... Yam bean ...... Pachyrhizus tuberosus or P. Root. erosus. Poland ...... Pepper ...... Capsicum spp...... Fruit. Tomato ...... Lycopersicon esculentum ...... Fruit. Republic of Korea ...... 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 dasheen mosaic virus). Cartons in which dasheen 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. Strawberry ...... Fragaria spp ...... Fruit (Entry permitted only from September 15 to May 31, inclusive, to prevent the introduction of a complex of exotic pests including, but not limited 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 imported only in accordance with § 319.56± 2dd). Suriname ...... Amaranth ...... Amaranthus spp ...... Leaf and stem. Black palm nut ...... Astrocaryum spp ...... Fruit.

270

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2u

Country/locality Common name Botanical name Plant part(s)

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 performed 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.

[57 FR 54489, Nov. 19, 1992, as amended at 58 lets, and then covered with shrink FR 43497, Aug. 17, 1993; 58 FR 69180, Dec. 30, wrapping; and 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR (vii) The lettuce must be transported 14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995] to the airport in a closed refrigerated § 319.56–2u Conditions governing the truck for shipment to the United entry of lettuce and peppers from States. Israel. (2) Each shipment of lettuce must be (a) Lettuce may be imported into the accompanied by a phytosanitary cer- United States from Israel without fu- tificate issued by the Israeli Ministry migation for leafminers, thrips, and of Agriculture stating that the condi- Sminthuris viridis only under the follow- tions of paragraph (a)(1) of this section ing conditions: have been met. (1) Growing conditions. (i) The lettuce (b) Peppers (fruit) (Capsicum spp.) must be grown in insect-proof houses from Israel may be imported into the covered with 50 mesh screens, double United States only under the following self-closing doors, and hard walks (no conditions: soil) between the beds; (1) The peppers have been grown in (ii) The lettuce must be grown in the Paran region of the Arava Valley growing media that has been sterilized by growers registered with the Israeli by steam or chemical means; Department of Plant Protection and (iii) The lettuce must be inspected Inspection (DPPI). during its active growth phase and the (2) Malathion bait sprays shall be ap- inspection must be monitored by a rep- plied in the residential areas of Paran resentative of the Israeli Ministry of at 6- to 10-day intervals beginning not Agriculture; less than 30 days before the harvest of (iv) The crop must be protected with backyard host material in residential sticky traps and prophylactic sprays areas and shall continue through har- approved for the crop by Israel; vest. (v) The lettuce must be moved to an (3) The peppers have been grown in insect-proof packing house at night in insect-proof plastic screenhouses ap- plastic containers covered by 50 mesh proved by the DPPI and APHIS. Houses screens; shall be examined periodically by DPPI (vi) The lettuce must be packed in an or APHIS personnel for tears in either insect-proof packing house, individ- plastic or screening. ually packed in transparent plastic (4) Trapping for Mediterranean fruit bags, packed in cartons, placed on pal- fly (Medfly) shall be conducted by

271

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 § 319.56–2v 7 CFR Ch. III (1–1–97 Edition)

DPPI throughout the year in the agri- (ii) The Murrumbidgee Irrigation cultural region along Arava Highway Area, which is within the administra- 90 and in the residential area of Paran. tive boundaries of the city of Griffith The capture of a single Medfly in a and the shires of Leeton, Narrendera, screenhouse will immediately cancel and Murrumbidgee; and export from that house until the source (3) The Sunraysia district, defined as of the infestation is delimited, trap the shires of Wentworth and Balranald density is increased, pesticide sprays in New South Wales and the shires of are applied, or other measures accept- Mildura, Swan Hill, Wakool, and able to APHIS are taken to prevent Kerang, the cities of Mildura and Swan further occurrences. Hill, and the borough of Kerang in Vic- (5) Signs in English and Hebrew shall toria. be posted along Arava Highway 90 stat- (b) Oranges (Citrus sinensis [Osbeck]); ing that it is prohibited to throw out/ lemons (C. limonia [Osbeck] and meyeri discard fruits and vegetables from pass- [Tanaka]); limes (C. aurantiifolia [Swin- ing vehicles. gle] and latifolia [Tanaka]); mandarins, (6) The cartons in which the peppers including satsumas, tangerines, are packaged must be stamped ‘‘Pep- tangors, and other fruits grown from pers not to be distributed outside of this species or its hybrids (C. reticulata the following States: CT, DC, DE, IA, [Blanco]); and grapefruit (C. paradisi IL, IN, MA, MD, ME, MI, MN, NH, NJ, [MacFad.]) may be imported from the NY, OH, PA, RI, VT, WI, and WV.’’ Riverland, Riverina, and Sunraysia dis- (7) Sorting and packing of peppers tricts without treatment for fruit flies, shall be done in the insect-proof subject to paragraph (c) of this section screenhouses in Paran. and all other applicable requirements (8) Transportation of the peppers of this subpart. from Paran to Tel Aviv Airport for export shall be in fruit fly-proof contain- (c) If surveys conducted in accord- ers. ance with § 319.56–2d(f) detect, in a dis- (9) The peppers shall be exported di- trict listed in paragraph (a) of this sec- rectly from Tel Aviv, by air, to the tion, the Mediterranean fruit fly United States. (Ceratitis capitata [Wiedemann]), the Queensland fruit fly (Dacus tryoni [57 FR 3120, Jan. 28, 1992, as amended at 58 [Frogg]), or other fruit flies that at- FR 69181, Dec. 30, 1993; 59 FR 46321, Sept. 8, tack citrus and for which a treatment 1994; 60 FR 50385, Sept. 29, 1995] is listed in the Plant Protection and § 319.56–2v Conditions governing the Quarantine (PPQ) Treatment Manual, entry of citrus from Australia. citrus fruit from that district will remain eligible for importation into the (a) The Administrator has deter- United States in accordance with mined that the irrigated horticultural § 319.56–2(e)(2), provided the fruit under- areas within the following districts of goes cold treatment in accordance with Australia meet the criteria of § 319.56–2 the PPQ Treatment Manual, which is (e) and (f) with regard to the Medi- incorporated by reference at § 300.1 of terranean fruit fly (Ceratitis capitata this chapter, and provided the fruit [Wiedemann]), the Queensland fruit fly meets all other applicable require- (Dacus tryoni [Frogg]), and other fruit ments of this subpart. Entry is limited flies destructive of citrus: to ports listed in § 319.56–2d(b)(1) of this (1) The Riverland district of South subpart if the treatment is to be com- Australia, defined as the county of pleted in the United States. Entry may Hamley and the geographical subdivi- be through any port if the treatment sions, called ‘‘hundreds,’’ of has been completed in Australia or in Bookpurnong, Cadell, Gordon, Holder, transit to the United States. If no ap- Katarapko, Loveday, Markaranka, proved treatment for the detected fruit Morook, Murtho, Parcoola, Paringa, fly appears in the PPQ Treatment Man- Pooginook, Pyap, Stuart, and ual, importation of citrus from the af- Waikerie; fected district or districts is prohib- (2) The Riverina district of New ited. South Wales, defined as: (i) The shire of Carrathool; and [61 FR 8207, Mar. 4, 1996]

272

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 E:\CFR\174011.031 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2x

§ 319.56–2w Administrative instruc- (1) The papayas were grown and tion; conditions governing the entry packed for shipment to the United of papayas from Costa Rica. States in the provinces of Guanacaste, The Solo type of papaya may be im- San Jose, and Puntarenas. ported into the continental United (2) Beginning at least 30 days before States, Alaska, Puerto Rico, and the harvest begins and continuing through U.S. Virgin Islands from the provinces the completion of harvest, all trees in of Guanacaste, San Jose, and the field where the papayas were grown Puntarenas, Costa Rica, only under the were kept free of papayas that were 1⁄2 following conditions: or more ripe (more than 25 percent of (a) The Costa Rican Ministry of Agri- the shell surface yellow), and all culled culture and Livestock (MAG) has en- and fallen fruits were removed from tered into a trust fund agreement with the field at least twice a week. the Animal and Plant Health Inspec- (3) When packed, the papayas were tion Service (APHIS) to pay for serv- less than 1⁄2 ripe (the shell surface was ices to be provided by APHIS. This agreement requires the MAG to pay at no more than 25 percent yellow, sur- least a month in advance all estimated rounded by light green), and appeared costs incurred by APHIS in providing to be free of all injurious insect pests. the services prescribed in paragraph (b) (4) The papayas were packed in an en- of this section. These costs will include closed container or under cover so as to administrative expenses incurred in prevent access by fruit flies and other providing the services; and all salaries injurious insect pests, and were not (including overtime and the Federal packed with any other fruit, including share of employee benefits), travel ex- papayas not qualified for importation penses (including per diem expenses), into the United States. and other incidental expenses incurred (5) All activities described in para- by APHIS inspectors in providing these graphs (a) through (d) of this section services. The agreement requires MAG were carried out under the general su- to deposit a certified or cashier’s check pervision and direction of plant health with APHIS for the amount of these officials of the MAG. costs for an entire month, as estimated (6) Beginning at least 1 year before by APHIS, based on projected shipping harvest begins and continuing through volumes and cost figures from previous the completion of harvest, fruit fly inspections. The agreement further re- traps were maintained in the field quires that, if the deposit is not suffi- where the papayas were grown. The cient to meet the actual costs incurred traps were placed at a rate of 1 trap per by APHIS, MAG must deposit with hectare and were checked for fruit flies APHIS a certified or cashier’s check at least once weekly by plant health for the amount of the remaining costs, officials of the MAG. Fifty percent of as determined by APHIS, before the in- the traps were of the McPhail type and spections will be completed. The agree- fifty percent of the traps were of the ment also requires that, in the event of Jackson type. The MAG kept records of unexpected costs, MAG must deposit fruit fly finds for each trap, updated with APHIS a certified or cashier’s the records each time the traps were check sufficient to meet such costs as checked, and made the records avail- estimated by APHIS, before any fur- able to APHIS inspectors. The records ther inspection services will be pro- were maintained for at least 1 year. vided. If the amount MAG deposits during a month exceeds the total costs in- [57 FR 27898, June 23, 1992] curred by APHIS in providing the services, the difference will be returned to § 319.56–2x Administrative instruc- MAG by APHIS at the end of the tions; conditions governing the month, or, at the option of MAG, cred- entry of certain fruits and vegeta- ited to the MAG account for future bles for which treatment is re- services. quired. (b) An APHIS inspector in Costa Rica (a) The following fruits and vegeta- certifies that the following require- bles may be imported into the United ments have been met: States only if they have been treated

273

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.56–2x 7 CFR Ch. III (1–1–97 Edition)

in accordance with the Plant Protec- ual, which is incorporated by reference tion and Quarantine Treatment Man- at § 300.1 of this chapter:

274

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2x

Sminthuris

Toxotrypana curvicauda. 319.56±2t). Papayas prohibited

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 § Cartons in which fruit is packed must be stamped ``Not for importation into or distribution in HI''. grown in the districts of Cayo, Corozal, and Or- ange Walk - see § entry into Hawaii due to 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. fruit (Treatment for Mediterranean fly (Medfly) pod or shelled. fruit. fruit. fruit. fruit. fruit. fruit (Treatment for Medfly not required fruit. fruit. fruit. fruit. fruit. pod. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit (Treatment for Mediterranean fly (Medfly) leaf (Treatment for leafminers, thrips, and fruit. fruit......

P. lunatus

C. latifolia

C. candamarcensis) ...... and Botanical name (= ...... and ...... ssp spp spp spp. 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 Litchi chinensis Opuntia Lactuca sativa Litchi chinensis Eriobotrya japonica Citrus grandis Malus domestica Vitis Diospyros Malus domestica Prunus avium Citrus paradisi Mangerifa indica Citrus sinensis Citrus reticulata Phaseolus vulgaris Vaccinium Averrhoa carambola ...... Common name ...... Loquat Blueberry Cactus Sandpear Kiwi Apple Persimmon Blueberry Apple Tangerine Lettuce Pummelo Grape Papaya Apple Blueberry Carambola Lime Garden bean Mountain papaya Grapefruit Blueberry Tuna Litchi Cherry Bean, green and lima Mango Tangerine Litchi Orange Litchi ...... Country/locality ...... Ecuador Israel Greece Lebanon Bolivia Jordan Belize Guyana Peru Taiwan Chile El Salvador Argentina Guatemala India Mexico Panama China

275

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.56–2x 7 CFR Ch. III (1–1–97 Edition)

Eriophyes

Plant part(s) Cartons in which litchi are packed must be

litchii. stamped ``Not for distribution in FL''). fruit (Prohibited entry into Florida due to fruit. fruit. fruit. fruit. fruit. fruit. fruit. fruit. shoot. fruit...... Botanical name ......

Litchi chinensis Mangifera indica Asparagus officinalis Prunus domestica Malus domestica Prunus armeniaca Actinidia deliciosa Prunus persica Prunus persica Pyrus communis Prunus domestica ......

Common name ...... Apple Kiwi Plum Apricot Peach Pear Litchi Mango Nectarine Plum Asparagus

Country/locality ...... Zimbabwe Uruguay Thailand

276

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2z

(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] PR, SC, TX, VI. (b) [Reserved] § 319.56–2y Administrative instructions; 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 watermelon (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.

277

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.56–2aa 7 CFR Ch. III (1–1–97 Edition)

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

80±89 (inclusive) ...... 11¤2 States. All costs of treatment and re- 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 Ganadero, referred to in this section as [57 FR 56436, Nov. 30, 1992, as amended at 59 SAG) has entered into a trust fund FR 67610, Dec. 30, 1994] 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 with APHIS for the amount of these the Animal and Plant Health Inspection 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. 278

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2bb

(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 Unit- of this subpart. ed States at Nogales, Arizona, avoca- [58 FR 11634, Feb. 25, 1993, as amended at 60 dos 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

279

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.56–2cc 7 CFR Ch. III (1–1–97 Edition)

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 Unit- tion at the port of first arrival, as pro- ed States. If the avocados are moved in vided in § 319.56–6. a refrigerated truck or a refrigerated (c) Trust fund agreements. The na- rail car, an inspector must seal the tional plant protection agency of the truck or rail car with a serially num- exporting country must enter into a bered seal at the port of first arrival in trust fund agreement with APHIS be- the United States. If the avocados are fore APHIS will provide the services transferred to another vehicle or con- necessary for Fuji variety apples to be tainer in the United States, an inspec- imported into the United States from tor must be present to supervise the Japan or the Republic of Korea. The transfer and must apply a new serially agreement requires the national plant numbered seal. The avocados must be protection agency to pay in advance of moved through the United States each shipping season all costs that 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

280

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 Animal and Plant Health Inspection Service, USDA § 319.56–2ee

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 instructions: 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

281

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.56–3 7 CFR Ch. III (1–1–97 Edition)

pears that are in intact bags as re- § 319.56–4 Issuance of permits. quired by paragraph (a)(3) of this sec- Upon receipt of an application and tion. The pears must be loaded into upon approval by an inspector a permit containers at the packing house and will be issued specifying the conditions the containers then sealed before of entry and the port of entry to carry movement to the port of export. out the purposes of this subpart, and a (b) Treatment. The pears must be cold copy will be supplied to the importer. treated for Bactrocera dorsalis in accordance with the Plant Protection § 319.56–5 Notice of arrival by permit- and Quarantine Treatment Manual, tee. which is incorporated by reference at (a) Immediately upon the arrival of § 300.1 of this chapter. fruits or vegetables, from the countries (c) Each shipment of pears must be specified in § 319.56, at the port of first accompanied by a phytosanitary cer- arrival, the permittee or his agent tificate issued by the Chinese Ministry shall submit a notice, in duplicate, to of Agriculture stating that the condi- the Plant Protection and Quarantine tions of paragraphs (a) and (b) of this Programs, through the United States section have been met. Collector of Customs, or, in the case of [60 FR 50386, Sept. 29, 1995] Guam, through the Customs officer of the Government of Guam, on forms § 319.56–3 Applications for permits for provided for that purpose, stating the importation of fruits and vegeta- number of the permit; the kinds of bles. fruits or vegetables; the quantity or (a) Persons contemplating the impor- the number of crates or other contain- tation of fruits or vegetables the entry ers included in the shipment; the coun- of which is authorized in the regula- try or locality where the fruits or vege- tions in this subpart shall first make tables were grown; the date of arrival; application to the Plant Protection the name of the vessel, the name and and Quarantine Programs for a permit, the number, if any, of the dock where stating in the application the country the fruits or vegetables are to be un- or locality of origin of the fruits or loaded, and the name of the importer vegetables, the port of first arrival, and or broker at the port of first arrival, the name and address of the importer or, if shipped by rail, the name of the in the United States to whom the per- railroad, the car numbers, and the ter- mit should be sent. minal where the fruits or vegetables (b) Applications for permits should be are to be unloaded. made in advance of the proposed ship- (b) Permits may be revoked and ments; but if, through no fault of the other permits refused if the permittee importer, a shipment should arrive be- or his agent fails to submit the notice fore a permit is received, the importa- of arrival or gives a false notice or in tion will be held in customs custody at any other way violates the quarantine. the port of first arrival, at the risk and (Approved by the Office of Management and expense of the importer, for a period Budget under control number 0579–0049) not exceeding 20 days pending the re- (44 U.S.C. 35) ceipt of the permit. [24 FR 10788, Dec. 29, 1959, as amended at 48 (c) Application may be made by tele- FR 57466, Dec. 30, 1983] graph, in which case the information required above must be given. § 319.56–6 Inspection and other re- (d) A separate permit must be se- quirements at the port of first ar- cured for shipments from each country rival. and for each port of first arrival in the (a) Inspection and treatment. All im- United States. ported fruits or vegetables shall be in- (Approved by the Office of Management and spected, and shall be subject to such Budget under control number 0579–0049) disinfection at the port of first arrival as may be required by an inspector, (44 U.S.C. 35) and shall be subject to reinspection at [24 FR 10788, Dec. 29, 1959, as amended at 48 other locations at the option of an in- FR 57466, Dec. 30, 1983] spector. If an inspector finds a plant

282

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 Animal and Plant Health Inspection Service, USDA § 319.56–8

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 any time and place before all applica- duty.1 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 finds that an imported fruit or vegeta- [60 FR 62320, Dec. 6, 1995] ble is prohibited or is so infested with a plant pest that, in the judgment of § 319.56–7 Inspection of baggage and the inspector, it cannot be cleaned or cargo on the dock. treated, or contains soil or other pro- Inspectors of the U.S. Department of hibited contaminants, the entire lot Agriculture are authorized to cooper- may be refused entry into the United ate with the customs inspectors in the States. examination of all baggage or other (d) Release for movement. No person personal belongings of passengers or shall move from the port of first arriv- members of crews of vessels or other al any imported fruit or vegetable un- carriers whenever such examination is less and until an inspector notifies the deemed necessary for the purpose of en- person (in person, in writing, by tele- forcing the provisions of § 319.56 with phone, or through electronic means) respect to the entry of any prohibited that the fruit or vegetable: or restricted fruits or vegetables or (1) Has been released; or plants or portions of plants which may (2) Requires reinspection, cleaning, be contained in the baggage or other or treatment of the fruit or vegetable belongings of such persons. at that port or at a place other than the port of first arrival, or is prohib- § 319.56–8 Territorial applicability. ited and must be exported from the The regulations in this subpart shall United States. apply with respect to importations into (e) Notice to owner of actions ordered the continental United States, Guam, by inspector. If an inspector orders any Hawaii, Puerto Rico, and the Virgin Is- disinfection, cleaning, treatment, re- lands of the United States. exportation, or other action with regard to imported fruits or vegetables, the inspector shall file an emergency Subpart—Wheat Diseases action notification (PPQ Form 523) AUTHORITY: Secs. 105, 107, 71 Stat. 32 and 34, with the owner of the fruits or vegeta- as amended; 37 Stat. 854; secs. 7 and 9, 37 bles or an agent of the owner. The Stat. 317 and 318, as amended; sec. 10, 45 Stat. owner must, within the time specified 468 (7 U.S.C. 150dd, 150ff, 155, 160, 162, and in the PPQ Form 523, destroy the fruits and vegetables, ship them to a point 1 Provisions relating to costs for other outside the United States, move them services of an inspector are contained in 7 to an authorized site, and/or apply CFR part 354. 283

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 E:\CFR\174011.032 174011 § 319.59 7 CFR Ch. III (1–1–97 Edition)

164a); 37 FR 28464, 28477, as amended; 45 FR Inspection Service, U.S. Department of 8564, 8565. Agriculture, or any other officer or employee of said Service to whom author- § 319.59 Prohibitions on importation; disposal of articles refused importa- ity to act in his/her stead has been or tion. may hereafter be delegated. 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 prevent the introduction into the Unit- Foreign strains of flag smut. Plant dis- ed States from any foreign country or eases caused by foreign strains of high- locality of foreign strains of flag smut ly infective fungi, Urocystis agropyri or Karnal bunt, it is necessary, except (Preuss) Schroet., which attack wheat as provided in § 319.59–2(b) of this sub- and substantially reduce its yield, and part, to prohibit the importation into which are new to or not widely preva- the United States of certain articles lent or distributed within and through- from certain foreign countries and lo- out the United States. calities. Accordingly, no person shall From. An article is considered to be import or offer for entry into the Unit- ‘‘from’’ any country or locality in ed States any article designated in which it was grown. § 319.59–2(a) of this subpart as a prohib- Inspector. Any employee of Plant Pro- ited article, except as otherwise protection and Quarantine, Animal and vided in § 319.59–2(b) of this subpart. Plant Health Inspection Service, U.S. (b) Any article refused importation Department of Agriculture, or other in accordance with the requirements of person, authorized by the Deputy Ad- this subpart shall be promptly removed ministrator in accordance with law to from the United States or abandoned enforce the provisions of the regula- by the importer for destruction, and tions in this subpart. pending such action shall be subject to Karnal bunt. A plant disease caused the immediate application of such safe- by a highly infectious plant pathogenic guards against escape of injurious smut fungus, Tilletia inidica Mitra, plant diseases (including foreign [Neovossia indica (Mitra) Manakur], strains of flag smut) and Karnal bunt, which attacks wheat and substantially injurious insect pests and other plant reduces its yield and substantially low- pests as an inspector determines nec- ers the quality of the wheat grain, and essary to prevent the introduction into which is new to or not widely prevalent the United States of such diseases or or distributed within and throughout pests. If such article is not promptly the United States. safeguarded, removed from the United Person. An individual, corporation, States, or abandoned for destruction by company, society, or association. the importer, it may be seized, de- Plant Protection and Quarantine. The stroyed, or otherwise disposed of in ac- organizational unit within the Animal cordance with section 10 of the Plant and Plant Health Inspection Service, Quarantine Act (7 U.S.C. 164a) and sec- U.S. Department of Agriculture, dele- tions 105 and 107 of the Federal Plant gated responsibility for enforcing pro- Pest Act (7 U.S.C. 150dd, 150ff). visions of the Plant Quarantine Act, [46 FR 54320, Nov. 2, 1981, as amended at 48 the Federal Plant Pest Act, and related FR 46735 Oct. 14, 1983] legislation, and regulations promulgated thereunder. § 319.59–1 Definitions. Prohibited article. Any class of seed, Terms used in the singular form in plant, or other plant product specified this subpart shall be construed as the as prohibited articles in § 319.59–2(a) or plural, and vice versa, as the case may (b). demand. The following terms, when Secretary. The Secretary of Agri- used in this subpart, shall be con- culture, or any other officer or em- strued, respectively, to mean: ployee of the Department of Agri- Deputy Administrator. The Deputy Ad- culture to whom authority to act in ministrator of Plant Protection and his/her stead has been or may hereafter Quarantine, Animal and Plant Health be delegated.

284

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 E:\CFR\174011.033 174011 Animal and Plant Health Inspection Service, USDA § 319.69

Spp. (species). All species, clones, other than flour of Triticum spp. cultivars, strains, varieties, and hy- (wheat). brids, of a genus. (2) Afghanistan, India, Iraq, Mexico United States. The States, District of and Pakistan. Columbia, American Samoa, Northern (c) Any article listed as a prohibited Mariana Islands, Puerto Rico, and the article in paragraph (a) or (b) of this Virgin Islands of the United States. section may be imported or offered for 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 scientific 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 (2) Afghanistan, Algeria, Australia, such tag or label bearing a Depart- Bangladesh, Bulgaria, Chile, People’s mental permit number corresponding Republic of China, Cyprus, Egypt, to the number of the Departmental Falkland Islands, Greece, Guatemala, permit issued for such article. Hungary, India, Iran, Iraq, Israel, [46 FR 54320, Nov. 2, 1981, as amended at 48 Italy, Japan, Korea, Libya, Morocco, FR 46735 Oct. 14, 1983; 49 FR 24877, June 18, Nepal, Oman, Pakistan, Portugal, Ro- 1984] mania, Spain, Tanzania, Tunisia, Tur- key, Republic of South Africa, Union of Subpart—Packing Materials Soviet Socialist Republics, and Ven- ezuela. QUARANTINE (b) The articles listed in paragraph (b)(1) of this section from the countries § 319.69 Notice of quarantine. and locations listed in paragraph (b)(2) (a) The following plants and plant of this section are prohibited articles products, when used as packing mate- because of Karnal bunt: rials, are prohibited entry into the (1) Seeds, plants, straw (other than United States from the countries and straw without heads and which have localities named: been processed or manufactured into (1) Rice straw, hulls, and chaff; from articles such as decorative wall hang- all countries. ings, clothing or toys), chaff, and prod- (2) Corn and allied plants (maize, sor- ucts of the milling process (i.e., bran, ghum, broomcorn, Sudan grass, napier shorts, thistle sharps, and pollards) grass, jobs-tears, teosinte, Polytoca,

285

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 E:\CFR\174011.033 174011 § 319.69a 7 CFR Ch. III (1–1–97 Edition)

Sclerachne, Chionachne); all parts, (3) Grasses and hay and similar in- from all countries except Mexico, and definite dried or cured masses of the countries of Central America, the grasses, weeds, and herbaceous plants; West Indies, and South America. from all countries. (3) Cotton and cotton products (lint, (4) Soil containing an appreciable ad- waste, seed cotton, cottonseed, and mixture of vegetable matter, from all cottonseed hulls); from all countries. countries, which is authorized as safe (4) Sugarcane; all parts of the plant for packing by the rules and regula- including bagasse, from all countries. tions promulgated supplemental to this (5) Bamboo; leaves and small shoots, quarantine. from all countries. (c) However, whenever the Deputy (6) Leaves of plants; from all coun- Administrator of the Plant Protection tries. and Quarantine Programs shall find (7) Forest litter; from all countries. that existing conditions as to pest risk (8) Soil containing an appreciable ad- involved in the movement of the arti- mixture of vegetable matter, from all cles to which the regulations supple- countries, except such types of soil or mental hereto apply, make it safe to earth as are authorized as safe for modify by making less stringent, the packing by the rules and regulations restrictions contained in any of such promulgated supplemental to this regulations, he shall publish such find- quarantine. ings in administrative instructions, Exceptions to the above prohibitions specifying the manner in which the may be authorized in the case of spe- regulations shall be made less strin- cific materials which have been so pre- gent, whereupon such modification pared, manufactured, or processed that shall become effective; or he may, in the judgment of the inspector no when the public interests will permit, pest risk is involved in their entry. with respect to the importation of such (b) The following plants and plant articles into Guam, upon request in products when used as packing mate- specific cases, authorize such importa- rials will be permitted entry into the tion under conditions, specified in the United States from the countries and permit to carry out the purposes of localities designated below only in ac- this subpart, that are less stringent cordance with the regulations supple- than those contained in the regula- mental to this quarantine: tions. (1) Cereal straw, hulls, and chaff (d) This quarantine shall leave in full (such as oats, barley, and rye), from all force and effect all other quarantines countries, except rice straw, hulls, and and orders. chaff which are prohibited importation (e) As used in this subpart, unless the from all countries by paragraph (a) of context otherwise requires, the term this section, and except wheat straw, United States means the States, the Dis- hulls, and chaff which are restricted trict of Columbia, Guam, Puerto Rico, importation by § 319.59 from Aden Pro- and the Virgin Islands of the United tectorate, Afghanistan, Australia, Bul- States. garia, Caucasus (including but not lim- [24 FR 10788, Dec. 29, 1959, as amended at 26 ited to Azerbaidzhan, South Russia, FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; and Transcaucasia), Chile, China, Cy- 60 FR 27682, May 25, 1995] prus, Egypt, Greece, India, Iran, Iraq, Israel, Italy, Japan, Oman, Pakistan, § 319.69a Administrative instructions Palestine, Portugal, Saudi Arabia, and interpretation relating to the Sinai Peninsula, Spain, Syria, Trans- entry into Guam of plant materials Jordan, Tunisia, Turkestan, Turkey, specified in § 319.69. Union of South Africa, and Yemen. (a) Plants and products designated in (2) Corn and allied plants (maize, sor- § 319.69(a)(1), (3), (4), and (5) and (b)(1) ghum, broomcorn, Sudan grass, napier and (3) as prohibited or restricted entry grass, jobs-tears, teosinte, Polytoca, into the United States from the coun- Sclerachne, Chionachne); all parts, tries and localities named may be im- from Mexico and the countries of ported into Guam as packing materials Central America, the West Indies, and without prohibition or restriction South America. under this subpart. Inspection of such

286

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 E:\CFR\174011.033 174011 Animal and Plant Health Inspection Service, USDA § 319.73

importations may be made under the § 319.69–2 Freedom from pests. general authority of § 330.105(a) of this All packing materials allowed entry chapter. If an importation is found in- under restriction shall be free from infected, infested, or contaminated with jurious insects and plant diseases. any plant pest and is not subject to disposal under this part, disposition may § 319.69–3 Entry inspection. be made in accordance with § 330.106 of All packing materials shall be sub- this chapter. ject to inspection at time of entry. (b) Corn and allied plants listed in § 319.69(a)(2) may be imported into § 319.69–4 Disposition of materials Guam subject to the requirements of found in violation. §§ 319.69–2, 319.69–3, and 319.69–4. If the inspector shall find packing (c) Under § 319.69(a) (6) and (7), coco- materials associated with or accom- nut fronds and other parts of the coco- panying any commodity or shipment nut trees are prohibited entry into being imported, or to have been im- Guam as packing materials except as ported, in violation of § 319.69 or of the regulations in this subpart or shall find permitted in § 319.37–16a. them infested or infected with injuri- [24 FR 10788, Dec. 29, 1959, as amended at 60 ous insects or plant diseases, he may FR 27682, May 25, 1995] refuse entry to the shipment, or he may seize and destroy or otherwise dis- RULES AND REGULATIONS pose of such packing material, or he may require it to be replaced, or steri- § 319.69–1 Definitions. lized, or otherwise treated. (a) Packing materials. The expression ‘‘packing material’’, as used in § 319.69, § 319.69–5 Types of soil authorized for packing. includes any of the plants or plant products enumerated, when these are The following types of soil or earth associated with or accompany any are authorized as safe for packing: (a) Peat, (b) peat moss, and (c) Osmunda commodity or shipment to serve for fiber. filling, wrapping, ties, lining, mats, moisture retention, protection, or for any other purpose; and the word ‘‘pack- Subpart—Coffee ing’’, as used in the expression ‘‘pack- QUARANTINE ing materials’’, shall include the presence of such materials within, in con- § 319.73 Notice of quarantine. tact with, or accompanying such com- Pursuant to sections 5, 7, and 9 of the modity or shipment. 1 Plant Quarantine Act of 1912, as (b) Soil containing vegetable matter. amended, and section 106 of the Federal Soil containing an appreciable admix- Plant Pest Act (7 U.S.C. 159, 160, 162, ture of vegetable matter, here brought 150ee), and after the public hearing re- under quarantine only because its con- quired thereunder, the Administrator tent of decaying vegetation or plant re- of the Animal and Plant Health Inspec- mains carries a definite pest risk, is to tion Service hereby determines that be distinguished from soil of purely the unrestricted importation into mineral or earthy composition, which Puerto Rico and Hawaii from all for- is not covered by this quarantine. eign countries and localities of (a) the seeds or beans of coffee which, previous (c) Inspector. An inspector of the U.S. to importation, have not been roasted Department of Agriculture. to a degree which, in the judgment of an inspector of the Department of Ag- 1 Since it is the packing materials them- riculture, will have destroyed coffee selves which constitute the danger and not borers in all stages, (b) coffee berries or the manner of use, it is intended that the fruits, (c) coffee plants and leaves, and definition shall include their presence within (d) empty sacks previously used for or accompanying a shipment regardless of unroasted coffee, may result in the their function or relation to a shipment or entry into Puerto Rico and Hawaii of the character of the shipment. the coffee berry borer (Stephanoderes

287

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 E:\CFR\174011.033 174011 § 319.73–1 7 CFR Ch. III (1–1–97 Edition)

hampei Ferr. [S. coffeae Hgdn.]) and an (b) Inspector. A properly identified injurious rust disease caused by the employee of the U.S. Department of fungus Hemileia vastatrix B. and Br., Agriculture or other person authorized and said Administrator hereby further by the Department to enforce the pro- determines, that, in order to prevent visions of the Plant Quarantine Act the introduction into Puerto Rico and and the Federal Plant Pest Act. Hawaii of said insect pest and coffee (c) Plant Protection and Quarantine disease, which are new to and not here- Programs. The Plant Protection and tofore widely prevalent or distributed Quarantine Programs, Animal and within and throughout the United Plant Health Inspection Service, U.S. States, it is necessary to forbid the im- Department of Agriculture. portation into Puerto Rico and Hawaii [35 FR 14497, Sept. 16, 1970, as amended at 36 of the products and plants specified FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, above, except as permitted in the regu- 1972] lations supplemental hereto. Hereafter, the products and plants specified above § 319.73–2 Products prohibited impor- shall not be imported or offered for tation. entry into Puerto Rico and Hawaii The seeds or beans of coffee which, from any foreign country or locality previous to importation, have not been except as permitted by said regula- roasted to a degree which, in the judg- tions. However, whenever the Deputy ment of an inspector, will have de- Administrator of the Plant Protection stroyed coffee borers in all stages; cof- and Quarantine Programs shall find fee berries or fruits; coffee plants and that existing conditions as to pest risk leaves; and empty sacks previously involved in the importation of one or used for unroasted coffee; are prohib- more of the products to which this sub- ited importation into Puerto Rico or part applies, make it safe to modify, by Hawaii, except as provided in § 319.73–3. making less stringent the restrictions [35 FR 14497, Sept. 16, 1970] contained in any such regulations, he shall publish such findings in adminis- § 319.73–3 Conditions for transit move- trative instructions, specifying the ment of certain products through manner in which the regulations shall Puerto Rico or Hawaii. be made less stringent, whereupon such (a) Transit shipments from any for- modification shall become effective; or eign country through Puerto Rico or he may, upon request in specific cases, Hawaii of samples of unroasted coffee when the public interests will permit, seeds and beans in closed mail dis- authorize such importation under con- patches, destined to foreign countries ditions specified in the permit to carry or to destinations elsewhere in the out the purposes of this part that are United States in compliance with this less stringent than those contained in subpart, will be allowed to proceed the regulations. without action by the inspector. Other samples of unroasted coffee seeds or REGULATIONS beans received by mail in the post offices in Puerto Rico or Hawaii shall be § 319.73–1 Definitions. subject to inspection and safeguard ac- For the purposes of the provisions in tion by the inspector, who shall require this subpart, unless the context other- their immediate return to origin or im- wise requires, the following words shall mediate forwarding to a destination be construed, respectively, to mean: elsewhere in the United States in com- (a) Deputy Administrator. The Deputy pliance with this subpart. Such return Administrator of the Plant Protection or onward movement shall be made in and Quarantine Programs, Animal and closed mail dispatches. If such imme- Plant Health Inspection Service, U.S. diate action is not possible the samples Department of Agriculture, or any offi- shall be destroyed. cer or employee of the Plant Protec- (b) Samples of unroasted coffee seeds tion and Quarantine Programs to or beans coming to Puerto Rico or Ha- whom authority has heretofore been waii as cargo and not unloaded in Puer- delegated or may hereafter be dele- to Rico or Hawaii will be allowed to gated to act in his stead. proceed to a foreign destination or to a

288

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 E:\CFR\174011.034 174011 Animal and Plant Health Inspection Service, USDA § 319.74–2

destination elsewhere in the United cept as provided in the regulations sup- States in compliance with paragraph plemental to this subpart. (a) of this section. If the samples are to (b) This subpart shall not be con- be unloaded and transshipped in Puerto strued to modify provisions applicable Rico or Hawaii, it shall be done imme- to cut flowers included in special quar- diately after the inspector ascertains antine or other restrictive orders now that the samples are properly wrapped in force or hereafter promulgated. or packaged to prevent the escape of (c) As used in this section, the term any plant pests that may be present United States means the continental during transit and, before trans- United States, Guam, Hawaii, Puerto shipment the carrier shall rewrap or Rico, and the Virgin Islands of the package the samples in such manner as United States. the inspector may require if he deems such action is necessary to prevent the RULES AND REGULATIONS escape of any plant pests that may be § 319.74–1 Definitions. present. (c) Other mail, cargo, and baggage For the purpose of the regulations in shipments of products covered by this subpart the following words, § 319.73–2, arriving in Puerto Rico or names, and terms shall be construed, Hawaii shall not be unloaded or trans- respectively, to mean: shipped in Puerto Rico or Hawaii and (a) Cut flower. The highly perishable shall be subject to the inspection and commodity known in the commercial other applicable requirements of the flower-producing industry as a cut Plant Safeguard Regulations (part 352 flower, and being the severed portion of of this chapter). a plant, including the inflorescence, and any parts of the plant attached [35 FR 14497, Sept. 16, 1970] thereto, in a fresh state. This definition shall not include dried, bleached, § 319.73–4 Costs. dyed, or chemically treated decorative All costs incident to the inspection, plant materials; filler or greenery, such handling, cleaning, safeguarding, treat- as fern fronds and asparagus plumes, ing, or other disposal of products or ar- frequently packed with fresh cut flow- ticles under this subpart, except for the ers; nor to Christmas greenery, such as services of an inspector during regu- holly, mistletoe, and Christmas trees. larly assigned hours of duty and at the (b) Inspector. An employee of the U.S. usual places of duty, shall be borne by Department of Agriculture authorized the owner, or his agent, having respon- by the Secretary of Agriculture to en- sible custody thereof. force the provisions of the Plant Quar- antine Act. [35 FR 14498, Sept. 16, 1970] (c) Permit. A form of authorization to allow the importation of cut flowers in Subpart—Cut Flowers accordance with the regulations in this subpart. In the case of cut flowers im- QUARANTINE ported in small quantities, this may be an oral authorization by the inspector § 319.74 Notice of quarantine. at the port of entry. (a) The Secretary of Agriculture, having given the public hearing re- § 319.74–2 Regulated articles. quired by law and having determined (a) All cut flowers imported into the the pest risk involved, forbids the im- United States from the foreign coun- portation of cut flowers into the Unit- tries and islands designated in the ed States from foreign countries, in- quarantine are subject to the regula- cluding those in Europe, Asia, Africa, tions in this subpart. Australia, South America, Central (b) Such types of cut flowers as may America, North America, and other be determined by the Deputy Adminis- foreign countries and islands (other trator of the Plant Protection and than cut flowers produced in the Do- Quarantine Programs and designated minion of Canada, Labrador, New- by him in administrative instructions foundland, and the United States), ex- as involving special risk of introducing

289

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00289 Fmt 8010 Sfmt 8010 E:\CFR\174011.034 174011 § 319.74–2a 7 CFR Ch. III (1–1–97 Edition)

into the United States any new and po- cedure authorized in §§ 319.74–3 to tentially injurious insect or plant dis- 319.74–5, inclusive. ease shall be admitted only under permit. § 319.74–3 Conditions governing the (c) Whenever, in the opinion of the entry of cut flowers. Deputy Administrator of the Plant (a) All cut flowers imported from the Protection and Quarantine Programs, a named foreign countries and localities, State, Territory or District of the whether or not subject to permit re- United States covered by § 319.74 shall quirements, shall be given such inspec- have taken action to suppress types of tion and treatment at the port of entry pests that may be imported with cer- as may be deemed necessary by the in- tain cut flowers, and shall have pro- spector. Cut flowers imported from any mulgated, when such action contrib- country or locality and found upon in- utes to the suppressive program, a spection to be infested with agromyzids plant quarantine prohibiting the entry (insects of the family Agromyzidae) in interstate movement of specific shall be fumigated at the time of im- kinds of cut flowers that might intro- portation with methyl bromide in ac- duce such pests, and further shall have cordance with a procedure specified in requested through the responsible offi- paragraph (d) of this section, except cial that the U.S. Department of Agri- that such fumigation shall not be re- culture cooperate by restricting the quired for cut flowers imported from importation from foreign countries Canada (including Labrador and New- named in this quarantine of such cut foundland) or Mexico because of the flowers into the State or Territory or finding of agromyzids, and shall not be District in question, importations required for cut flowers of Chrysan- thereof to said State or Territory or themum spp. imported from Colombia District may be denied by the Deputy or the Dominican Republic because of Administrator of the Plant Protection the finding of agromyzids, when such and Quarantine Programs either agromyzids are identified by an inspec- through refusing approval of a permit tor to be only agromyzids of the spe- or such other means as he may an- cies Liriomyza trifolii (Burgess). Any cut nounce. flowers found upon inspection to be infested with injurious insects or in- § 319.74–2a Administrative instruc- fected with plant diseases, which can- tions relative to the cut flower not be eliminated by treatment, shall quarantine. be denied entry. The importer will be Pursuant to the authority conferred given the option of abandoning for de- upon the Deputy Administrator of the struction such rejected cut flowers or Plant Protection and Quarantine Pro- immediately shipping them to a point grams by § 319.74–2(b) (Notice of Quar- outside the United States. antine No. 74), it has been determined (b) Under circumstances which will that the following types of cut flowers in the judgment of the inspector elimi- involve special risk of introducing into nate pest risk, the inspector may oral- the United States new and potentially ly authorize entry in small quantities injurious insects or plant diseases of cut flowers that are subject to the when imported into the United States permit requirements. from the foreign countries and local- (c) Whenever, during the inspection ities designated in § 319.74: of cut flowers imported in accordance Camellia—Camellia spp. with the regulations in this subpart, Gardenia, cape jasmine—Gardenia spp. the inspector shall find them to be in- Rhododendron—Rhododendron spp. (includ- fested with an injurious insect or in- ing Azalea) fected with an injurious plant disease, Rose—Rosa spp. which can be eliminated by a method Lilac—Syringa spp. of treatment selected by him in accord- Accordingly it is hereby required that ance with administratively authorized the above types of cut flowers may be procedures known to be effective under imported from the designated foreign the conditions applied, he may pre- countries and localities only under per- scribe as a condition of entry that such mits issued in accordance with the pro- treatment be applied by the importer

290

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 E:\CFR\174011.034 174011 Animal and Plant Health Inspection Service, USDA § 319.74–5

or his agent, under the supervision of shall submit to the Plant Protection the inspector. All costs for such treat- and Quarantine Programs an applica- ment, except for the services of the in- tion 1 stating the exact designation of spector, shall be borne by the importer the cut flowers to be imported, the or his agent. Neither the Department name and address of the exporter, the of Agriculture nor the inspector shall country where grown, the port of be deemed responsible for any adverse entry, the destination in the United effects of such treatment on the cut States, and the name and address of flowers so treated. In lieu of treatment the importer or agent in the United the importer of infested or infected cut States to whom the permit should be flowers shall be given the option of im- sent. mediately shipping them to a point (b) Application for permit should be outside the United States or abandoning them for immediate destruction. made in advance of the proposed im- (d) Fumigation of cut flowers for portation. agromyzids (insects of the family (c) Upon receipt and approval of such Agromyzidae) shall consist of fumiga- application by the Plant Protection tion with methyl bromide at normal and Quarantine Programs, a permit atmospheric pressure in a chamber or will be issued which will authorize the under a tarpaulin in accordance with importation, specify the port of entry, one of the following schedules: and prescribe conditions that may be needed to safeguard against the entry 1 ° ° 1 ⁄2 lbs. per 1000 cu. ft. for 2 hours at 80 –90 F. of pests. (19 oz. concentration at first 1⁄2 hour) (12 oz. concentration at 2 hours); or (Approved by the Office of Management and Budget under control number 0579–0049) 2 lbs. per 1000 cu. ft. for 2 hours at 70°–79°F. (44 U.S.C. 35) (24 oz. concentration at first 1⁄2 hour) (16 oz. concentration at 2 hours); or [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983; 59 FR 67610, Dec. 30, 21⁄2 lbs. per 1000 cu. ft. for 2 hours at 60°–69°F. 1994]

(30 oz. concentration at first 1⁄2 hour) (20 oz. concentration at 2 hours); or § 319.74–5 Notice of arrival. Immediately upon the arrival at a 3 lbs. per 1000 cu. ft. for 2 hours at 50°–59°F. port of entry of a commercial shipment (36 oz. concentration at first 1⁄2 hour) of cut flowers, the entry of which is (24 oz. concentration at 2 hours); or permissible only under permit, the per-

31⁄2 lbs. per 1000 cu. ft. for 2 hours at 40°–49°F. mittee shall submit to the Plant Pro- tection and Quarantine Programs (41 oz. concentration at first 1⁄2 hour) (27 oz. concentration at 2 hours) through the Collector of Customs, duplicate copies of a notice of arrival. A NOTE: There is a possibility that some cut flowers could be damaged by such fumiga- form is provided by the Plant Protec- tion. tion and Quarantine Programs for that purpose. (Secs. 5 and 9, 37 Stat. 316, 318, as amended, 7 U.S.C. 159, 162; 7 CFR 2.17, 2.51, and 371.2.; (Approved by the Office of Management and secs. 5 and 9, 37 Stat. 316, 318, as amended, 7 Budget under control number 0579–0049) U. S. C. 159, 162; 7 CFR 2.17, 2.51, and 371.2(c)) (44 U.S.C. 35) [24 FR 10788, Dec. 29, 1959, as amended at 47 FR 38103, Aug. 30, 1982; 48 FR 16877, Apr. 20, [24 FR 10788, Dec. 29, 1959, as amended at 48 1983; 48 FR 20403, May 6, 1983; 49 FR 24988, FR 57466, Dec. 30, 1983] June 19, 1984] 1 Address applications to the Animal and § 319.74–4 Procedure for obtaining per- Plant Health Inspection Service, Plant Pro- mits. tection and Quarantine, Port Operations, (a) Persons desiring to import cut Permit Unit, 4700 River Road Unit 136, River- flowers subject to the permit require- dale, Maryland 20737–1236. Form PPQ–587 ments of the regulations in this sub- may be used but a letter or telegram setting forth the required information will be ac- part (other than small quantities eligi- cepted in lieu of an application on form ble for entry upon oral authorization) PPQ–587. 291

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 E:\CFR\174011.034 174011 § 319.74–6 7 CFR Ch. III (1–1–97 Edition)

§ 319.74–6 Shipments for experimental (2) Imported at the Plant Germplasm or scientific purposes. Quarantine Center, Building 320, Belts- Cut flowers may be imported for ex- ville Agricultural Research Center perimental or scientific purposes by East, Beltsville, MD 20705, or at a port the United States Department of Agri- of entry designated by an asterisk in § 319.37–14(b); culture upon such conditions and re- (3) Imported pursuant to a Depart- strictions as the Deputy Administrator mental permit issued for such article of the Plant Protection and Quarantine and kept on file at the port of entry; Programs may prescribe. (4) Imported under conditions speci- § 319.74–7 Territorial applicability. fied on the Departmental permit and found by the Deputy Administrator to The regulations in this subpart shall be adequate to prevent the introduc- apply with respect to importations into tion into the United States of plant the continental United States, Guam, pests, i.e., conditions of treatment, Hawaii, Puerto Rico and the Virgin Is- processing, growing, shipment, dis- lands of the United States. posal; and (5) Imported with a Departmental tag Subpart—Khapra Beetle or label securely attached to the outside of the container containing the ar- § 319.75 Restrictions on importation of ticle or securely attached to the article restricted articles; disposal of arti- itself if not in a container, and with cles refused importation. such tag or label bearing a Depart- (a) The Secretary has determined 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- [46 FR 38334, July 27, 1981, as amended at 47 essary to restrict the importation of FR 3085, Jan. 22, 1982] certain articles from foreign countries and localities. Accordingly, no person § 319.75–1 Definitions. shall import any restricted article un- Terms used in the singular form in less in conformity with all of the appli- this subpart shall be construed as the cable restrictions in this subpart. plural, and vice-versa, as the case may (b) Any article refused importation demand. The following terms, when for noncompliance with the require- used in this subpart, shall be con- ments of this subpart shall be promptly strued, respectively, to mean: removed from the United States or 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 Unit- whom authority to act in his/her stead ed States of plant pests. If such article has been or many hereafter be dele- is not promptly safeguarded, removed gated. from the United States, or abandoned From. An article is considered to be for destruction by the importer, it may ‘‘from’’ any country or locality in be seized, destroyed, or otherwise dis- which it originated or any country(ies) posed of in accordance with section 10 or locality(ies) in which it was of the Plant Quarantine Act (7 U.S.C. offloaded prior to arrival in the United 164a) and sections 105 and 107 of the States. Federal Plant Pest Act (7 U.S.C. 150dd, Import. (importation, imported). To 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. (1) Imported by the U.S. Department Department of Agriculture, or other of Agriculture for experimental or sci- person, authorized by the Deputy Ad- entific purposes; ministrator in accordance with law to

292

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 E:\CFR\174011.034 174011 Animal and Plant Health Inspection Service, USDA § 319.75–2

enforce the provisions of the regula- and Plant Health Inspection Service, tions in this subpart. U.S. Department of Agriculture, dele- Nursery stock. All field-grown florist’s gated responsibility for enforcing pro- stock, trees, shrubs, vines, cuttings, visions of the Plant Quarantine Act, grafts, scions, buds, fruit pits, and the Federal Plant Pest Act, and related other seeds of fruit and ornamental legislation, and regulations promul- trees or shrubs, and other plants and gated thereunder. plant products for propagation, except Secretary. The Secretary of Agri- field, vegetable and flower seeds, bed- culture, or any other officer or em- ding plants, and other herbaceous ployee of the Department of Agri- plants, bulbs, and roots. culture to whom authority to act in Person. Any individual, corporation, his/her stead has been or may hereafter company, society, association or other be delegated. organized group. United States. The States, District of Phytosanitary certificate of inspection. Columbia, American Samoa, Guam, A document relating to a restricted ar- Northern Mariana Islands, Puerto ticle, which is issued by a plant protec- Rico, and the Virgin Islands of the tion official of the country in which United States. the restricted article was grown, which is issued not more than 15 days prior to [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, shipment of the restricted article from 1984; 50 FR 8704, 8706, Mar. 5, 1985] the country in which grown, which is addressed to the plant protection serv- § 319.75–2 Restricted articles.1 ice of the United States (Plant Protec- 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 or salted and moist) from Sudan or harden on drying. Plant gums include India; but are not limited to acacia gum, guar (4) Plant gums shipped as bulk cargo gum, gum arabic, locust gum and (in an unpackaged state) if from a tragacanth gum. Plant pest. The egg, pupal, and larval 1 The importation of restricted articles stages as well as any other living stage may be subject to prohibitions or restric- of any insects, mites, nematodes, slugs, tions under other provisions of 7 CFR part snails, protozoa, or other invertebrate 319. For example, fresh whole chilies (Cap- animals, bacteria, fungi, other para- sicum spp.) and fresh whole red peppers (Cap- sitic plants or reproductive parts sicum spp.) from Pakistan are prohibited from being imported into the United States thereof, viruses, or any organisms under the provisions of 7 CFR 319.56 et seq. similar to or allied with any of the 2 Seeds of the plant family Cucurbitaceae foregoing, or any infectious substances, include but are not limited to: Benincasa which can directly or indirectly injure hispida (wax gourd), Citrullus Lanatus (wa- or cause disease or damage in any termelon) Cucumis melon (muskmelon, can- plants or parts thereof, or any proc- taloup, honeydew), Cumumis sativius (cu- essed, manufactured, or other products cumber), Cucurbita pepo (pumpkin, of plants. squashes, vegetable marrow), Lagenaria Plant Protection and Quarantine. The siceraria (calabash, gourd), Luffa cylindrica organizational unit within the Animal (dishcloth gourd), Mormoridica charantia (bitter melon), and Sechium edule (chayote). 293

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 § 319.75–3 7 CFR Ch. III (1–1–97 Edition)

country listed in paragraph (b) of this (2) Approximate quantity and kinds section; of articles intended to be imported; (5) Used jute or burlap bagging not (3) Country or locality of origin; containing cargo if from a country list- (4) Country(ies) or locality(ies) where ed in paragraph (b) of this section;3 it is intended to be off-loaded prior to (6) Used jute or burlap bagging from arrival in the United States; a country listed in paragraph (b) of this (5) Intended U.S. port of entry; section that contains cargo, and the (6) Means of transportation; and cargo in such bagging;3 (7) Expected date of arrival. (7) Used jute or burlap bagging from (c) After receipt and review of the ap- a country listed in paragraph (b) of this plication by Plant Protection and section that is used as a packing mate- Quarantine, a written permit indicat- rial (such as filler, wrapping, ties, lining the applicable conditions in this ing, matting, moisture retention mate- subpart for importation under this sub- rial, or protection material), and the part shall be issued for the importation cargo for which the used jute or burlap of articles specified in the application bagging is used as a packing material;3 if such articles described in the appli- and cation appear to be eligible to be im- (8) Whole chilies (Capsicum spp.), ported. Even though a written permit whole red peppers (Capsimcum spp.), has been issued for the importation of and cumin seeds (Cuminum cyminum) in an article, such article may be moved new jute or burlap bags from Pakistan. into the United States from the port of (b) Afghanistan, Algeria, Bangladesh, entry only if all applicable require- Burma, Cyprus, Egypt, India, Iran, ments of this subpart are met and only Iraq, Israel, Libya, Mali, Mauritania, if an inspector at the port of entry de- Morocco, Niger, Nigeria, Pakistan, termines that no emergency measures Saudi Arabia, Senegal, Sri Lanka, pursuant to section 105 of the Federal Sudan, Syria, Tunisia, Turkey, and Plant Pest Act (7 U.S.C. 150dd) are nec- Upper Volta. essary with respect to such article.5 [50 FR 8706, Mar. 5, 1985] (d) Any permit which has been issued may be withdrawn by an inspector or § 319.75–3 Permits. the Deputy Administrator if he/she de- (a) A restricted article may be im- termines that the holder thereof has ported only after issuance of a written not complied with any condition for permit by Plant Protection and Quar- the use of the document. The reasons antine. for the withdrawal shall be confirmed (b) An application for a written permit should be submitted to the Animal 5 Section 105 of the Federal Plant Pest Act and Plant Health Inspection Service, (7 U.S.C. 150dd) provides, among other Plant Protection and Quarantine, Port things, that the Secretary of Agriculture Operations, Permit Unit, 4700 River may, whenever he deems it necessary as an Road Unit 136, Riverdale, Maryland emergency measure in order to prevent the 20737–1236, at least 60 days prior to ar- dissemination of any plant pest new to or not theretofore known to be widely preva- rival of the article at the port of entry. lent or distributed within and throughout The completed application shall in- the United States, seize, quarantine, treat, 4 clude the following information: apply other remedial measures to, destroy, (1) Name, address, and telephone dispose of, in such manner as he deems ap- number of the importer; propriate, subject to provisions in section 105 (b) and (c) of the Act (7 U.S.C. 150dd (b) and 3 Such bagging may be subject to addi- (c)), any product or article, including any ar- tional restrictions under the provisions in 7 ticle subject to this subpart, which is moving CFR 319.8 et seq. into or through the United States, and which 4 Application forms are available without he has reason to believe was infested or in- charge from the Animal and Plant Health In- fected by or contains any plant pest at the spection Service, Plant Protection and Quar- time of such movement. Sections 105 and 107 antine, Port Operations, Permit Unit, 4700 of the Federal Plant Pest Act (7 U.S.C. 150dd, River Road Unit 136, Riverdale, Maryland 150ff) also authorize emergency measures 20737–1236, or local offices which are listed in against restricted articles which are not in telephone directories. compliance with the provisions of this subpart. 294

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 Animal and Plant Health Inspection Service, USDA § 319.75–4

in writing as promptly as cir- (ii) 56 g/m 3 (31⁄2 lb/1000 ft 3 ) for 12 hrs. at cumstances permit. Any person whose 26.5°–31.5 ° C (80°–89°F). permit has been withdrawn may appeal the decision in writing to the Deputy (30 g (oz) minimum gas concentration at 2–4 hrs.). Administrator within ten (10) days (20 g (oz) minimum gas concentration at 12 after receiving the written notification hrs.). of the withdrawal. The appeal shall state all of the facts and reasons upon (iii) 72 g/m 3 (41⁄2 lb/1000 ft 3 ) for 12 hrs. which the person relies to show that at 21°–26° C (70°–79° F). the permit was wrongfully withdrawn. (40 g (oz) minimum gas concentration at 2–4 The Deputy Administrator shall grant hrs.). or deny the appeal, in writing, stating (25 g (oz) minimum gas concentration at 12 the reasons for the decision as prompt- hrs.). ly as circumstances permit. If there is 3 3 a conflict as to any material fact, a (iv) 96 g/m (6 lb/1000 ft ) 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 hrs.). (Approved by the Office of Management and Budget under control number 0579–0049) (30 g (oz) minimum gas concentration at 12 hrs.). (44 U.S.C. 35) (v) 120 g/m 3 (71⁄2 lb/1000 ft 3 ) for 12 hrs. [46 FR 38334, July 27, 1981, as amended at 47 at 10°–15° C (50°–59° F). FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. (60 g (oz) minimum gas concentration at 2–4 5, 1985; 59 FR 67610, Dec. 30, 1994] hrs.). (35 g (oz) minimum gas concentration at 12 § 319.75–4 Treatments. 6 hrs.). A restricted article prior to move- (vi) 144 g/m 3 (9 lb/1000 ft 3 ) 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 supervision of an inspector for possible (70 g (oz) minimum gas concentration at 2–4 infestation with khapra beetle as set hrs.). forth below: (40 g (oz) minimum gas concentration at 12 (a) Brassware; wooden screens; goat- hrs.). skins; lambskins; sheepskins; plant (2) Fumigation with methyl bromide gums; seeds of the plant family in a chamber at normal atmospheric cucurbitaceae; jute or burlap bagging pressure at one of the following sched- that contains cargo, and the cargo in ules: such bagging (except for articles speci- (i) 40 g/m 3 (21⁄2 lb/1000 ft 3 ) for 12 hrs. at fied in paragraphs (b) and (c) of this 32° C (90° F) or above. section); and jute or burlap bagging (ii) 56 g/m 3 (31⁄2 lb/1000 ft 3 ) for 12 hrs. at that is used as a packing material, and 26.5°–31.5 ° C (80°–89°F). the cargo for which the jute or burlap (iii) 72 g/m 3 (41⁄2 lb/1000 ft 3 ) for 12 hrs. bagging is used as a packing material at 21°–26° C (70°–79° F). (except for articles specified in para- (iv) 96 g/m 3 (6 lb/1000 ft 3 ) for 12 hrs. at graphs (b) and (c) of this section). 15.5°–20.5° C (60°–69° F). (1) Fumigation with methyl bromide 3 3 under a tarpaulin at normal atmos- (v) 160 g/m (10 lb/1000 ft ) for 12 hrs. at ° ° ° ° pheric pressure in accordance with one 10 –15 C (50 –59 F). 3 3 of the following schedules: (vi) 192 g/m (12 lb/1000 ft ) for 12 hrs. at 4.5°–9.5° C (40°–49° F). (i) 40 g/m 3 (21⁄2 lb/1000 ft 3 ) for 12 hrs. at 32° C (90° F) or above. (3) Fumigation with methyl bromide in a chamber at 660mm (26 inch) vacu- (20 g (oz) minimum gas concentration at 2–4 um at one of the following schedules: hrs.). (i) 128 g/m 3 (21⁄2 lb/1000 ft 3 ) for 3 hrs. at (15 g (oz) minimum gas concentration at 12 ° ° hrs.). 15.5 C (60 F) or above. (ii) 144 g/m 3 (9 lb/1000 ft 3 ) for 3 hrs. at ° ° ° ° 6 There is a possibility that some articles, 4.5 –15 C (40 –59 F). especially live plants, could be damaged by (iii) 160 g/m 3 (10 lb/1000 ft 3 ) for 3 hrs. at fumigation. ¥1°–4° C (30°–39° F). 295

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 § 319.75–4 7 CFR Ch. III (1–1–97 Edition)

NOTE: Maximum volume of commodity (95 g (oz) gas concentration in space at 4–12 being treated under subsection (3) shall not hrs.). exceed 75% of total volume of chamber. (50 g (oz) gas concentration in space at 12–32 hrs.). (b) Burlap bagging and jute bagging not containing cargo; and flour or fine- (2) Fumigation with methyl bromide ly ground oily meals, and the jute or in a chamber at normal atmospheric burlap bagging used as a container or pressure at one of the following sched- packing material for such flour or ules: meals. (i) 64 g/m 3 (4 lb/1000 ft 3 ) for 24 hrs. at (1) Fumigation with methyl bromide 32° C (90° F) or above. under a tarpaulin at normal atmos- (ii) 96 g/m 3 (6 lb/1000 ft 3 ) for 24 hrs. at pheric pressure at one of the following 26.5°–31.5° C (80°–89°F). schedules: (iii) 128 g/m 3 (8 lbs/1000 ft 3 ) for 24 hrs. (i) 64 g/m 3 (4 lb/1000 ft 3 ) for 24 hrs. at at 21°–26° C (70°–79° F). 32° C (90° F) or above. (iv) 192 g/m 3 (12 lb/1000 ft 3 ) for 24 hrs. at 15.5°–20.5° C (60°–69° F). (10 g (oz) gas concentration in commodity at (v) 192 g/m 3 (12 lb/1000 ft 3 ) for 28 hrs. at 4–24 hrs.). 10°–15° C (50°–59° F). (35 g (oz) gas concentration in space at 4–12 3 3 hrs.). (vi) 192 g/m (12 lb/1000 ft ) for 32 hrs. (25 g (oz) gas concentration in space at 12–24 at 4.5°–9.5° C (40°–49° F). hrs.). (3) Fumigation with methyl bromide in a chamber at 660 mm (26 inch) vacu- (ii) 96 g/m 3 (6 lb/1000 ft 3 ) for 24 hrs. at ° ° ° ° um at one of the following schedules: 26.5 –31.5 C (80 –89 F). (i) 128 g/m 3 (8 lb/1000 ft 3 ) for 3 hrs. at (15 g (oz) gas concentration in commodity at 15.5° C (60°F) or above. 4–24 hrs.). (ii) 144 g/m 3 (9 lb/1000 ft 3 ) for 3 hrs. at (50 g (oz) gas concentration in space at 4–12 4.5–15° C (40°–59° F). hrs.). (30 g (oz) gas concentration in space at 12–24 NOTE: Maximum volume of commodity hrs.). being treated under subsection (3) shall not exceed 75% of the total volume of chamber. (iii) 128 g/m 3 (8 lbs/1000 ft 3 ) for 24 hrs. at 21°–26° C (70°–79° F). (c) Baled cotton lint, cotton linters, 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 hrs.). such baled cotton lint, cotton linters, (35 g (oz) gas concentration in space at 12–24 cotton waste, or cotton piece goods. hrs.). (1) Fumigation with methyl bromide under a tarpaulin or in a chamber at 3 3 (iv) 192 g/m (12 lb/1000 ft ) for 24 hrs. normal atmospheric pressure at one of ° ° ° ° at 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 hrs.). (25 g (oz.) concentration in commodity (50 g (oz) gas concentration in space at 12–24 4–24 hrs.) hrs.). (65 g (oz.) concentration in space 4–12 hrs.) 3 3 (v) 192 g/m (12 lb/1000 ft ) 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/m 3 (12 lb/1000 ft 3 ) for 32 hrs. (50 g (oz.) concentration in space 12–24 at 4.5°–9.5° C (40°–49° F). hrs.)

(30 g (oz) gas concentration in commodity at NOTE: Maximum volume of commodity 4–32 hrs.). being treated under subsection (1) shall not

296

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 Animal and Plant Health Inspection Service, USDA § 319.75–9

exceed 50% of the total volume of chamber. § 319.75–7 Costs and charges. Concentration readings may be omitted for chamber fumigations. The services of the inspector during regularly assigned hours of duty and at (2) Fumigation with methyl bromide the usual places of duty shall be fur- in a chamber at 660mm (26 inch) vacum nished without cost to the importer.3 at one of the following schedules: The importer shall be responsible for (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at arrangements for treatments required 15.5°C (60°F) or above. under § 319.75–4. Any treatment re- (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at quired under § 319.75–4 for a restricted 4.5°–15°C (40°–59°F). article shall be performed at the port of entry by a nongovernmental fumiga- NOTE: Maximum volume of commodity tor at the importer’s expense, and shall being treated under subsection (2) shall not exceed 75% of the total volume of chamber. be performed under the supervision of an inspector. Plant Protection and [46 FR 38334, July 27, 1981, as amended at 49 Quarantine will not be responsible for FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985] any costs or charges, other than those § 319.75–5 Marking and identity. indicated in this section. (a) Any restricted article at the time [46 FR 38334, July 27, 1981] of importation shall plainly and correctly bear on the outer container (if in § 319.75–8 Ports of entry. a container) or on the restricted article Any restricted article shall be im- (if not in a container) the following in- ported only at a port of entry listed in formation: § 319.37–14 of this part and found by the (1) General nature and quantity of Deputy Administrator and specified on the contents, the permit issued pursuant to § 319.75–3 (2) Country or locality of origin, to have a nongovernmental fumigator (3) Name and address of shipper, available at the port to treat such re- owner, or person shipping or forward- stricted article pursuant to § 319.75–4. It ing the article, is the responsibility of the importer to (4) Name and address of consignee, arrange with the nongovernmental fu- (5) Identifying shipper’s mark and migator for treatment of the article. number, and (b) Any restricted article shall be ac- [46 FR 38334, July 27, 1981] companied at the time of importation § 319.75–9 Inspection and by an invoice or packing list indicating phytosanitary certificate of inspec- the contents of the shipment. tion. (Approved by the Office of Management and (a) Any nursery stock, plant, fruit, Budget under control number 0579–0049) vegetable, root, bulb, or other plant (44 U.S.C. 35) product designated as a restricted article and grown in a country maintain- [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, ing an official system of inspection for 1983] the purpose of determining whether such article is free from injurious plant § 319.75–6 Arrival notification. diseases, injurious insect pests, and Promptly upon arrival of any re- other plant pests shall be accompanied stricted article at a port of entry, the by a phytosanitary certificate of in- importer shall notify Plant Protection spection from the plant protection and Quarantine of the arrival by such service of such country at the time of means as a manifest, Customs entry importation or offer for importation document, commercial invoice, way- into the United States. Such certifi- bill, a broker’s document, or a notice cate may cover more than one article form provided for that purpose. and more than one container kept to- gether during shipment and offer for (Approved by the Office of Management and importation. Budget under control number 0579–0049) (44 U.S.C. 35) 3 Provisions relating to costs for other [46 FR 38334, July 27, 1981, as amended at 48 services of an inspector are contained in 7 FR 57466, Dec. 30, 1983] CFR part 354.

297

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 § 319.76 7 CFR Ch. III (1–1–97 Edition)

(b) Any nursery stock, plant, fruit, be seized, destroyed, or otherwise dis- vegetable, root, bulb, seed, or other posed of in accordance with sections plant product designated as a re- 105 and 107 of the Federal Plant Pest stricted article which is accompanied Act (7 U.S.C. 150dd, 150ff). by a valid phytosanitary certificate of (c) A restricted article may be im- inspection is subject to inspection by ported without complying with other an inspector at the time of importation provisions under this subpart if: into the United States for the purpose (1) Imported by the U.S. Department of determining whether such article is of Agruculture for experimental or sci- free of injurious plant diseases, injuri- entific purposes; ous insect pests, and other plant pests, (2) Imported at the Plant Germplasm and whether such article is otherwise Quarantine Center, Building 320, Belts- eligible to be imported into the United ville Agricultural Research Center States. East, Beltsville MD 20705, or at a port (c) Any nursery stock, plant, fruit, of entry designated by an asterisk in vegetable, root, bulb, seed, or other § 319.37–14(b); plant product designated as a re- (3) Imported pursuant to a depart- stricted article and grown in a country mental permit issued for such article not maintaining an official system of and kept on file at the port of entry; inspection for the purpose of determin- (4) Imported under conditions speci- ing whether such article is free from fied on the departmental permit and injurious plant diseases, or injurious found by the Deputy Administrator to insect pests, and other plant pests shall be adequate to prevent the introduc- be inspected by an inspector at the tion into the United States of plant time of importation into the United pests, i.e., conditions of treatment, States for the purpose of determining processing, shipment, disposal; and whether such article is free of such dis- (5) Imported with a departmental tag eases and pests and whether such arti- or label securely attached to the out- cle is otherwise eligible to be imported side of the container or securely at- into the United States. tached to the article itself if not in a [50 FR 8707, Mar. 5, 1985] container, and with such tag or label bearing the name of the person to Subpart—Exotic Bee Diseases and whom the permit is issued. Parasites (Approved by the Office of Management and Budget under control number 0579–0072) SOURCE: 50 FR 24172, June 10, 1985, unless otherwise noted. [50 FR 24172, June 10, 1985, as amended at 59 FR 67133, Dec. 29, 1994] § 319.76 Restrictions on importation of restricted articles; disposal of arti- § 319.76–1 Definitions. cles refused importation. Terms used in the singular form in (a) No person may import any re- this subpart shall be construed as the stricted article unless in conformity plural, and vice versa, as the case may with all of the restrictions in this sub- demand. The following terms, when part. used in this subpart, shall be construed (b) Any article refused importation respectively, to mean: for noncompliance with the require- Bee. Any member of the superfamily ments of this subpart shall be promptly Apoidea. removed from the United States or 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 Inspector Service for Plant Pro- immediate application of such safe- tection and Quarantine, U.S. Depart- guards against escape of plant pests as ment of Agriculture, or any other offi- the inspector determines necessary to cer or employee of the Department to prevent the introduction into the Unit- whom authority to act in his or her ed States of plant pests. If such article stead has been or may hereafter be del- is not promptly safeguarded, removed egated. from the United States, or abandoned Exotic bee diseases. Bee diseases of for- for destruction by the importer, it may eign origin, including but not limited

298

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 E:\CFR\174011.035 174011 Animal and Plant Health Inspection Service, USDA § 319.76–3

to Aspergillus spp., Bacillus spp., Ento- (a) Live bees, other than honeybees mophthora spp., Beauveria spp., of the genus Apis, in any life stage;1 Cordyceps spp., and Saccharomyces spp. (b) Dead bees of any genus; Exotic bee parasites. Bee parasites of (c) Used bee boards, hives, nests, and foreign origin, including but not lim- nesting material; ited to Coelioxys spp. and Chrysis spp., (d) Used beekeeping equipment, e.g. Varroa jacobsoni, Euvarroa sinhai, smokers, hive tools, gloves or other Tropilaelaps clareae, and Acarapis woodi. clothing, and shipping containers; Import (importation, imported). To im- (e) Beeswax, unless it has been lique- port or move into the United States. fied; Inspector. Any employee of Plant Pro- (f) Pollen for bee feed; and tection and Quarantine, Animal and (g) Honey for bee feed. Plant Health Inspection Service, U.S. [50 FR 24172, June 10, 1985, as amended at 60 Department of Agriculture, or other FR 6000, Feb. 1, 1995] person authorized by the Deputy Ad- ministrator in accordance with law to § 319.76–3 Permits. enforce the provisions of this subpart. (a) A restricted article may be im- Person. Any individual, corporation, ported only after issuance of a written company, society, association, or any permit by Plant Protection and Quar- other organized group. antine. Plant pest. The egg, pupal, and larval (b) An application for a written per- stages as well as any other living stage mit must be submitted to the Animal of any insects, mites, nematodes, slugs, and Plant Health Inspection Service, snails, protozoa, or other invertebrate Plant Protection and Quarantine, Bio- animals, bacteria, fungi, or other para- logical Assessments and Taxonomic sitic plants or reproductive parts Support, 4700 River Road Unit 133, Riv- thereof, viruses, or any organisms erdale, Maryland 20737–1236, and should similar to or allied with any of the be submitted at least 30 days prior to foregoing, or any infectious substances, arrival of the article at the U.S. port of which can directly or indirectly injure entry. The completed application does or cause disease or damage in any not have to be on any particular form plants or parts thereof, or any proc- but must indicate that it is an applica- essed, manufactured, or other products tion for a written permit, and include of plants. the following information: Plant Protection and Quarantine. The (1) Name, address, and telephone organizational unit within the Animal number of the importer; and Plant Health Inspection Service, (2) Approximate quantity and kinds U.S. Department of Agriculture, dele- of articles intended to be imported; gated responsibility for enforcing pro- (3) Country or locality of origin; visions of the Federal Plant Pest Act (4) Intended United States port of and related legislation and regulations entry; promulgated thereunder. (5) Means of transportation; and (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 subpart for importation shall be issued be delegated. for the importation of the articles United States. The States, District of specified in the application if such arti- Columbia, American Samoa, Guam, cles appear to be eligible to be im- Northern Mariana Islands, Puerto ported. Even though a written permit Rico, and the Virgin Islands of the has been issued for the importation of United States. an article, it may be moved into the United States from the port of entry § 319.76–2 Restricted articles.

The following articles from any coun- 1 Regulations regarding the importation of try or locality other than Canada are live honeybees of the genus Apis are set forth restricted articles: in 7 CFR part 322.

299

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 E:\CFR\174011.036 174011 § 319.76–4 7 CFR Ch. III (1–1–97 Edition)

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 provisions of the Federal Insecticide, been withdrawn may appeal the deci- Fungicide, and Rodenticide Act, as sion in writing to the Deputy Adminis- amended. The inspection may include trator within 20 days after receiving dissection of a statistically designed the written notification of the with- representative sample of the bees, if drawal. The appeal must state all of deemed necessary by the inspector for the facts and reasons upon which the determinations concerning the absence person relies to show that the permit or presence of bee diseases or parasites. was wrongfully withdrawn. The Deputy If the inspector determines that a dis- Administrator shall grant or deny the ease or parasite cannot be removed or appeal in writing, stating the reasons otherwise destroyed, the bees shall be for the decision, as promptly as cir- killed by immersion in a solution con- cumstances allow. If there is a conflict taining at least 70% alcohol. as to any material fact, a hearing shall (b) Any dead bees for research at the be held to resolve the conflict. time of importation must be in a solution containing at least 70% alcohol, or (Approved by the Office of Management and must be in a dry, sealed container. If in Budget under control number 0579–0072) a dry, sealed container, the dead bees [50 FR 24172, June 10, 1985, as amended at 59 shall be kept in the container under FR 67610, Dec. 30, 1994] the control of an inspector at the port of entry for 7 days. (c) Any restricted article not covered 2 Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) provides, among other by paragraph (a) or (b) of this section, things, that the Secretary of Agriculture prior to movement into the United may, whenever he or she deems it necessary States from the port of entry, shall be as an emergency measure in order to prevent treated under the supervision of an in- the dissemination of any plant pest new to spector as follows: or not theretofore known to be widely preva- (1) Dead bees; used bee boards, hives, lent or distributed within and throughout nests, or nesting material; used bee- the United States, seize, quarantine, treat, keeping equipment; and pollen for bee apply other remedial measures to, destroy, feed shall be treated in an airtight or dispose of, in such manner as he or she deems appropriate, subject to provisions in chamber with 450 mg of ethylene oxide section 105 (b) and (c) of the Act (7 U.S.C. per liter of chamber space at a tem- 150dd (b) and (c)), any product or article, in- perature of at least 100°F (37.78°C) for 8 cluding any article subject to this subpart, hours. which is moving into or through the United (2) Beeswax that has not been lique- States, and which he or she has reason to be- fied shall be melted. lieve was infested or infected by or contains (3) Honey for bee feed shall be heated any plant pest at the time of such move- to 212°F (100°C) for 30 minutes. ment. Sections 105 and 107 of the Federal Plant Pest Act (7 U.S.C. 150dd, 150ff) also au- § 319.76–5 Marking and shipping. thorize emergency measures against articles which are not in compliance with the provi- (a) Any restricted article for impor- sions of this subpart. tation by means other than mail shall

300

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 E:\CFR\174011.036 174011 Animal and Plant Health Inspection Service, USDA § 319.76–8

at the time of importation bear on the § 319.76–7 Costs and charges. outer container (if in a container) or on The services of the inspector during the article (if not in a container) the regularly assigned hours of duty and at following information: the usual places of duty shall be fur- (1) General nature and quantity of nished without cost to the importer.3 the contents, The importer shall be responsible for (2) Country or locality of origin, arrangements for treatments required (3) Name and address of shipper, under § 319.76–4. Any treatment re- owner, or person shipping or forward- quired under § 319.76–4 for a restricted ing the article, article, other than for treatments of (4) Name and address of consignee, live bees in any life stage or for holding and dead bees in dry, sealed containers, (5) Identifying shipper’s mark and shall be performed at the port of entry number. by a nonfederal establishment at the (b) Any restriction article for impor- importer’s expense, and shall be performed 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 indian asterisk in § 319.37–14(b) of this part; cated in this section. must be accompanied by a separate sheet of paper within the package bear- § 319.76–8 Ports of entry. 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- sity, Logan, Utah 84322; or at the Plant than honeybees of the genus Apis, may Germplasm Quarantine Center, Build- be imported only in loose cells within ing 320, Beltsville Agricultural Re- noncrushable (hard plastic, wood, or search Center East, Beltsville, MD metal), insect-proof containers. 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 320.2 Regulated vehicles, articles, and mate- must notify Plant Protection and rials. 320.3 Definitions. Quarantine of the arrival by such 320.4 Inspection. means as a manifest, customs entry 320.5 Railway cars. document, commercial invoice, way- 320.6 Vehicles, articles, and materials, other bill, a broker’s document, or a notice than railway cars and unregulated boats. 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. 301

VerDate 06-FEB-97 11:56 Feb 20, 1997 Jkt 174011 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 E:\CFR\174011.036 174011