and Plant Health Inspection Service, USDA § 319.37–5

in § 319.37–14(b) and designated by an the lot number in addition to all other asterisk. information required to be present by (e) Certain seeds from Canada. Seeds § 361.3 of this chapter. imported from Canada may be im- (iii) Include other shipping docu- ported without a phytosanitary certifi- ments as required with each shipment: cate if the following conditions are (A) Shipments of agricultural and met: vegetable seeds, as listed in the Fed- (1) The Canadian Food Inspection eral Seed Act, must be accompanied by Agency shall: a document certifying that the rel- (i) Establish and administer a seed evant provisions of the Federal Seed export program under which Canadian Act regulations in part 361 of this chap- exporters of seed may operate; ter have been followed, as agreed upon (ii) Assign a unique identification by the Canadian Food Inspection Agen- number to each exporting establish- cy and APHIS; ment enrolled in and approved by the (B) Shipments of other seeds must be seed inspection program; accompanied by a document certifying (iii) Provide APHIS with a current that the seeds have been inspected, as list of the establishments participating agreed upon by the Canadian Food In- in its seed export program and their spection Agency and APHIS. names, locations, telephone numbers, (Approved by the Office of Management and and establishment identification num- Budget under control numbers 0579–0285 and bers at the start of the shipping season, 0579–0279) and provide regular updates to that list [57 FR 43148, Sept. 18, 1992, as amended at 67 throughout the shipping season; FR 8465, Feb. 25, 2002; 68 FR 50045, Aug. 20, (iv) Enter into an agreement with 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, APHIS that specifies the documents Apr. 13, 2006; 72 FR 30467, June 1, 2007; 72 FR that must accompany shipments of 43518, Aug. 6, 2007; 76 FR 31209, May 27, 2011] seeds under the seed export program: (A) Agricultural and vegetable seeds, § 319.37–5 Special foreign inspection and certification requirements. as listed in the Federal Seed Act regu- lations in part 361 of this chapter, must (a) Any restricted article (except be accompanied by a document certi- seeds; unrooted cuttings; articles col- fying that the relevant provisions of lected from the wild; and articles sole- the Federal Seed Act have been fol- ly for food, analytical, or manufac- lowed; turing purposes) from a country listed (B) Other seeds must be accompanied below, shall be accompanied by a by a document certifying that the phytosanitary certificate of inspection seeds have been inspected. which shall contain an accurate addi- (2) Each seed exporter participating tional declaration that such article in the seed export program shall enter was grown on land which has been sam- into an agreement with the Canadian pled and microscopically inspected by Food Inspection Agency in which the the plant protection service of the exporter agrees to: country in which grown within 12 (i) Practice any and all safeguards months preceding issuance of the cer- the Canadian Food Inspection Agency tificate and found free from potato cyst may prescribe in order to ensure that nematodes, Globodera rostochiensis seed exported to the United States is (Woll.) Behrens and G. pallida (Stone) free of plant pests and that seed that Behrens: does not meet the requirements for ex- Algeria, Argentina, Armenia, Australia, portation to the United States is sepa- Austria, Azerbaijan, Azores, Belarus, Bel- rated from seed that does; gium, Bolivia, Bulgaria, Canada (only that (ii) Include an export certification portion comprising Newfoundland and that document with each shipment indi- portion of the Municipality of Central cating the common name of the seed, Saanich in the Province of British Columbia the country of origin of the seed, the east of the West Saanich Road), Channel Is- lands, Chile, Colombia, Costa Rica, Crete, establishment identification number Croatia, Cyprus, Czech Republic, Denmark assigned to the exporting establish- (including Faeroe Islands), Ecuador, Egypt, ment under the Canadian Food Inspec- Estonia, Finland, France, Georgia, Germany, tion Agency’s seed export program, and Great Britain, Greece, Guernsey, Hungary,

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Iceland, India, Ireland, Italy, Japan, Jersey, avium, P. cerasus, P. effusa, P. Jordan, Latvia, Lebanon, Lithuania, Luxem- laurocerasus, P. mahaleb, P. padus, P. bourg, Kazakhstan, Kyrgyzstan, Malta, Mex- sargentii, P. serotina, P. serrula, P. ico, Republic of Moldova, Morocco, the Neth- erlands, New Zealand, Northern Ireland, Nor- serrulata, P. subhirtella, P. yedoensis, way, Pakistan, Panama, Peru, the Phil- and P. virginiana) and grown in Bel- ippines, Poland, Portugal, Russian Federa- gium, France, Germany, Great Britain, tion, Serbia and Montenegro, South Africa, or The Netherlands shall be certified Spain (including Canary Islands), Slovakia, only from the government operated Slovenia, Sweden, Switzerland, Tajikistan, nurseries (research stations) where the Tunisia, Turkmenistan, Ukraine, Uzbek- certified plants were grown and the istan, and Venezuela. 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). France, Germany, Great Britain, or (iii) Apple proliferation agent. The Netherlands and that the article (iv) Pear blister canker virus. was found by the plant protection serv- (v) Pear bud drop virus. ice of the country in which the article (vi) Diaporthe mali Bres. (Leaf, branch was grown to be free of the following & fruit fungus). injurious plant diseases listed in para- (vii) Apple green crinkle virus. graph (b)(3) of this section: For (viii) Apple chat fruit virus. Chaenomeles spp. (flowering quince) and (ix) Plum pox (=Sharka) virus. Cydonia spp. (quince), diseases (i), (ii), (x) Cherry leaf roll virus. (iv), (xviii), (xix), (xx), and (xxi); for (xi) Cherry rusty mottle (European) Malus spp. (apple, crabapple), diseases agent. (i), (ii), (iii), (vi), (vii), (xxii), and (xii) Apricot chlorotic leaf roll agent. (xxiii); for Prunus spp. (almond, apri- (xiii) Plum bark split virus. cot, cherry, cherry laurel, English lau- rel, nectarine, peach, plum, prune), dis- (xiv) Arabis mosaic virus and its eases (i), (ix) through (xvii), and (xxii); strains. and for Pyrus spp. (pear), diseases (i), (xv) Raspberry ringspot virus and its (ii), (iv), (v), (xviii), (xix), (xx), (xxi) strains. and (xxii); and for Vitis spp. (grape) (xvi) Tomato blackring virus and its from Canada, diseases (xiv) through strains. (xvii) and (xxiv) through (xliii). The de- (xvii) Strawberry latent ringspot termination by the plant protection virus and its strains. service that the article is free of these (xviii) Quince sooty ringspot agent. diseases will be based on visual exam- (xix) Quince yellow blotch agent. ination and indexing of the parent (xx) Quince stunt agent. stock of the article and inspection of (xxi) Gymnosporangium asiaticum the nursery where the restricted arti- Miyabe ex. Yamada (Rust). cle is grown to determine that the (xxii)Valsa mali Miyabe and Yamada nursery is free of the specified diseases. ex. Miura (Branch canker fungus). An accurate additional declaration on (xxiii) Apple ringspot virus. the phytosanitary certificate of inspec- (xxiv) The following nematode trans- tion by the plant protection service mitted viruses of the polyhedral type: that a disease does not occur in the Artichoke Italian latent virus, Grape- country in which the article was grown vine Bulgarian latent virus, Grapevine may be used in lieu of visual examina- fanleaf virus and its strains, and Hun- tion and indexing of the parent stock garian chrome mosaic virus. for that disease and inspection of the (xxv) Grapevine asteroid mosaic nursery. agent. (2) Species of Prunus not immune to (xxvi) Grapevine Bratislava mosaic plum pox virus (species other than P. virus.

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(xxvii) Grapevine chasselas latent found by the plant protection service of agent. the country in which grown to be free (xxviii) Grapevine corky bark ‘‘Legno from white rust of chrysanthemum riccio’’ agent. (caused by the rust fungus Puccinia (xxix) Grapevine leaf roll agent. horiana P. Henn.) based on visual ex- (xxx) Grapevine little leaf agent. amination of the parent stock, the ar- (xxxi) Grapevine stem pitting agent. ticles for importation, and the green- (xxxii) Grapevine vein mosaic agent. house nursery in which the articles for (xxxiii) Grapevine vein necrosis importation and the parent stock were agent. grown, once a month for 4 consecutive (xxxiv) Flavescence-doree agent. months immediately prior to importa- (xxxv) Black wood agent (bois-noir). tion. (xxxvi) Grapevine infectious necrosis (d) Any restricted article (except bacterium. seeds) of Dianthus spp. (carnation, (xxxvii) Grapevine yellows disease sweet-william) from Great Britain bacterium. shall be grown under postentry quar- (xxxviii) Xanthomonas ampelina antine conditions specified in § 319.37– Panagopoulas. 7(c) unless at the time of arrival at the (xxxix) Peyronellaea glomerata Ciferri. port of first arrival in the United (xl) Pseudopeziza tracheiphila Muller- States the phytosanitary certificate of Thur-gau. inspection accompanying such article (xli) Rhacodiella vitis Sterenberg. contains an accurate additional dec- (xlii) Rosellinia necatrix Prill. laration that such article was grown in (xliii) Septoria melanosa (Vialla and a greenhouse nursery in Great Britain Ravav) Elenk. and found by the plant protection serv- (c) Any restricted article (except ice of Great Britain to be free from in- seeds) of Chrysanthemum spp. (chrysan- jurious plant diseases caused by themum, includes Dendranthema spp.), Phialophora cinerescens (Wr.) van Leucanthemella serotina, or Beyma (=Verticillium cinerescens Wr.), Nipponanthemum nipponicum, from any carnation etched ring virus, carnation foreign place except Andorra, Argen- ‘‘streak’’ virus, and carnation ‘‘fleck’’ tina, Australia, Belarus, Bosnia and virus, based on visual examination of Herzegovina, Brazil, Brunei, Canary Is- the parent stock, of the articles for im- lands, Chile, China, Colombia, Croatia, portation, and of the greenhouse nurs- Ecuador, Iceland, Japan, Korea, Liech- ery in which the articles for importa- tenstein, Macedonia, Malaysia, Mexico, tion and the parent stock are grown, Moldova, Monaco, New Zealand, Nor- once a month for 4 consecutive months way, Peru, Republic of South Africa, immediately prior to importation, and Russia, San Marino, Switzerland, Tai- based on indexing of the parent stock. wan, Thailand, Tunisia, Ukraine, Uru- guay, Venezuela, Yugoslavia; the Euro- (e) Any restricted article (except pean Union (Austria, Belgium, Bul- seeds) of Rubus spp. (cloudberry, black- garia, Cyprus, Czech Republic, Den- berry, boysenberry, dewberry, logan- mark, Estonia, Finland, France, Ger- berry, raspberry) from Canada, shall be many, Greece, Hungary, Ireland, Italy, grown under postentry quarantine con- Latvia, Lithuania, Luxembourg, Malta, ditions specified in § 319.37–7 unless at Netherlands, Poland, Portugal, Roma- the time of arrival at the port of first nia, Slovakia, Slovenia, Spain, Sweden, arrival in the United States the and United Kingdom); and all coun- phytosanitary certificate of inspection tries, territories, and possessions of accompanying such article contains an countries located in part or entirely accurate additional declaration that between 90° and 180° East longitude such article was found by the plant shall, at the time of arrival at the port protection service of Canada to be free of first arrival in United States, be ac- of Rubus stunt agent based on visual companied by a phytosanitary certifi- examination and indexing of the parent cate of inspection. The phytosanitary stock. 6 certificate of inspection must contain a declaration that such article was 6 Such testing is done under a Raspberry grown in a greenhouse nursery and Plant Certification Program of Canada.

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(f) Any restricted article (except mide per acre and covering the soil seeds) of Rubus spp. (cloudberry, black- with a tarpaulin for 7 days) in a field at berry, boysenberry, dewberry, logan- least 3 meters from the nearest non- berry, raspberry) from Europe at the indexed Syringa spp. (lilac), or time of arrival at the port of first ar- (2) Soil that has been sampled and rival in the United States shall be ac- microscopically inspected by the plant companied by a phytosanitary certifi- protection service of the Netherlands cate of inspection which shall contain within 12 months preceding issuance of an accurate additional declaration that the phytosanitary certificate and that such article was found by the plant has been found free of the plant para- protection service of the country of or- sitic nematodes capable of transmit- igin to be free of Rubus stunt agent ting European nepoviruses, including, based on visual examination and index- but not limited to, the Arabis mosaic ing of the parent stock. nepovirus. (g) Any seed of Cocos nucifera (coco- nut) at the time of arrival at the port (j)(1) Seeds of Prunus spp. (almond, of first arrival in the United States apricot, nectarine, peach, plum, and shall be accompanied by a prune, but not species in the subgenus phytosanitary certificate of inspection Cerasus) from Belgium, France, Ger- which shall contain an accurate addi- many, The Netherlands, or Great Brit- tional declaration that such seed was ain shall, at the time of arrival at the found by the plant protection service of port of first arrival in the United Costa Rica or of Jamacia to be of Ma- States, be accompanied by a layan dwarf variety or Maypan variety phytosanitary certificate of inspection, (=F1 hybrid, Malayan Dwarf×Panama containing accurate additional declara- Tall) (which are resistant to lethal tions that: yellowing disease) based on visual ex- (i) The seeds are from parent stock amination of the parent stock. grown in a nursery in Belgium, France, (h) Any restricted article of Fragaria Germany, The Netherlands, or Great spp. (strawberry) from Israel is prohib- Britain that is free of plum pox ited as specified in § 319.37–2(a) unless (Sharka) virus; and at the time of arrival at the port of (ii) The seeds have been found by the first arrival in the United States the plant protection service of the country phytosanitary certificate accom- in which grown to be free of plum pox panying the article of Fragaria spp. (Sharka) virus based on the testing of contains an additional declaration that parent stock by visual examination stipulates that the parent stock was and indexing. found free of red stele disease pathogen (2) Seeds of Prunus spp. (almond, as well as any other damaging straw- apricot, nectarine, peach, plum, and berry pathogens, based on visual in- prune, but not species in the subgenus spection and indexing. ), from all countries except (i) Any restricted article of Syringa Cerasus spp. (lilac) from the Netherlands is pro- those in Europe, Cyprus, Syria, and hibited as specified in § 319.37–2(a) un- Turkey shall, at the time of arrival at less, at the time of arrival at the port the port of first arrival in the United of first arrival in the United States, States, be accompanied by a the phytosanitary certificate accom- phytosanitary certificate of inspection, panying the article of Syringa spp. containing an accurate additional dec- (lilac) contains a declaration that stip- laration that plum pox (Sharka) virus ulates that the parent stock was found does not occur in the country in which free of quarantine pests by inspection the seeds were grown. and indexing and that the Syringa spp. (k) Any restricted article of Feijoa (lilac) to be imported were propagated (feijoa, pineapple guava) from New Zea- either by rooting cuttings from indexed land shall undergo postentry quar- parent plants or by grafting indexed antine in accordance with § 319.37–7 un- parent plant material on seedling less the article, at the time of arrival rootstocks, and were grown in: at the port of first arrival in the (1) Fumigated soil (fumigated by ap- United States, is accompanied by a plying 400 to 870 pounds of methyl bro- phytosanitary certificate of inspection,

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containing an accurate additional dec- (2) The Solanum plants that produced laration that New Zealand is free of the Solanum tuberosum true seed were Monilinia fructigena. grown in the Tenth (X) Region of Chile (l) Any restricted article of Gladiolus, (that area of the country between 39° Watsonia or Crocosmia spp. from Lux- and 44° South latitude); and embourg or Spain shall, at the time of (3) Solanum tuberosum tubers, plants, arrival at the port of first arrival in and true seed from each field in which the United States, be accompanied by a the Solanum plants that produced the phytosanitary certificate of inspection, Solanum tuberosum true seed were containing accurate additional declara- grown have been sampled by SAG once tions that: per growing season at a rate to detect (1) The plants were grown in a dis- 1 percent contamination with a 99 per- ease free environment in a greenhouse; cent confidence level (500 tubers/500 (2) The plants were subjected to 12 plants/500 true seeds per 1 hectare/2.5 hours of continuous misting per day acres), and that the samples have been with water at 15–20 degrees Celsius on 2 analyzed by SAG using an enzyme- consecutive days; and linked immunosorbent assay (ELISA) 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 (p) In addition to meeting the re- Netherlands is prohibited unless the ar- quirements of this subpart, any trees ticle is accompanied, at the time of ar- with roots and any shrubs with roots rival at the port of first arrival in the and persistent woody stems, unless United States, by a phytosanitary cer- greenhouse-grown throughout the year, tificate of inspection, containing an ac- that are imported from Canada will be curate additional declaration that the subject to the inspection and certifi- article is of a nonvariegated variety of cation requirements for gypsy in A. palmatum or A. japonicum. § 319.77–4 of this part. (n) Any restricted article of Howea (q) Any artificially dwarfed plant im- spp. (sentry palm) from Australia or ported into the United States, except New Zealand, is prohibited as specified for plants that are less than 2 years in § 319.37–2(a) unless at the time of ar- old, must have been grown and handled rival at the port of first arrival in the in accordance with the requirements of United States the phytosanitary cer- this paragraph and must be accom- tificate accompanying the article of panied by a phytosanitary certificate Howea spp. contains both a declaration of inspection that was issued by the of origin and a declaration stipulating government of the country where the that the Howea is free of the lethal plants were grown. yellowing pathogen and the cadang- (1) Any growing media, including cadang pathogen, as well as any other soil, must be removed from the artifi- damaging palm pathogens, based on cially dwarfed plants prior to shipment visual inspection. to the United States unless the plants (o) Any Solanum tuberosum true seed are to be imported in accordance with imported from Chile shall, at the time § 319.37–8. of arrival at the port of first arrival in (2) The artificially dwarfed plants the United States, be accompanied by a must be grown in accordance with the phytosanitary certificate of inspection following requirements and the issued in Chile by the Servicio Agricola phytosanitary certificate required by y Ganadero (SAG), containing addi- this paragraph must contain declara- tional declarations that: tions that those requirements have (1) The Solanum spp. true seed was been met: produced by Solanum plants that were (i) The artificially dwarfed plants propagated from plantlets from the must be grown for at least 2 years in a United States; greenhouse or screenhouse in a nursery

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registered with the government of the ditional declaration is not required on country where the plants were grown; the phytosanitary certificate of inspec- (ii) The greenhouse or screenhouse in tion accompanying articles of Solanum which the artificially dwarfed plants spp. from Canada that do not meet the are grown must have screening with requirements of paragraph (r)(1) of this openings of not more than 1.6 mm on section. all vents and openings, and all (ii) For any article of Pelargonium entryways must be equipped with auto- spp. or Solanum spp. that does not meet matic closing doors; the requirements of paragraph (r)(1) of (iii) The artificially dwarfed plants this section and is from an area that must be grown in pots containing only has been established as free of Ralstonia sterile growing media during the 2-year solanacearum race 3 biovar 2 in accord- period when they are grown in a green- ance with International Standards for house or screenhouse in a registered Phytosanitary Measures Publication nursery; No. 4, ‘‘Requirements for the Establish- (iv) The artificially dwarfed plants ment of Pest Free Areas,’’ which is in- must be grown on benches at least 50 corporated by reference at § 300.5 of this cm above the ground during the 2-year chapter, the phytosanitary certificate period when they are grown in a green- required by § 319.37–4 must contain an house or screenhouse in a registered additional declaration that states nursery; and ‘‘This article is from an area that has (v) The plants and the greenhouse or been established as free of Ralstonia screenhouse and nursery where they solanacearum race 3 biovar 2.’’ are grown must be inspected for any (3) Any article of Pelargonium spp. or evidence of pests and found free of Solanum spp. that is from a country or pests of quarantine significance to the area where Ralstonia solanacearum race United States at least once every 12 3 biovar 2 is known to occur must meet months by the plant protection service the following requirements: of the country where the plants are (i) The national plant protection or- grown. ganization of the country in which the (r) Any restricted article of articles are produced (the NPPO) must Pelargonium spp. or Solanum spp. pre- have entered into a bilateral workplan sented for importation into the United with APHIS. This bilateral workplan States may not be imported unless it must set out conditions for monitoring meets the requirements of this para- the production of articles of graph (r). Seeds are not subject to the Pelargonium spp. and Solanum spp., for requirements of this paragraph (r). enforcement of the requirements of (1) Any restricted article of this paragraph (r)(3), and for the estab- Pelargonium spp. or Solanum spp. im- lishment of a trust fund as provided for ported from Canada under the provi- in paragraph (r)(3)(xv) of this section. sions of the greenhouse-grown re- (ii) The production site where the ar- stricted plant program as described in ticles of Pelargonium spp. and Solanum § 319.37–4(c) must be presented for im- spp. intended for export to the United portation at the port of first arrival in States are produced must be registered the United States with a certificate of with and certified by both APHIS and inspection in the form of a label in ac- the NPPO. As part of the certification cordance with § 319.37–4(c)(1)(iv). process, production sites must be ini- (2) (i) For any article of Pelargonium tially approved and thereafter visited spp. or Solanum spp. that does not meet at least once a year by APHIS and the the requirements of paragraph (r)(1) of NPPO to verify compliance with the re- this section and is from a country quirements of this paragraph (r)(3). where Ralstonia solanacearum race 3 (iii) The production site must con- biovar 2 is not known to occur, the duct ongoing testing for R. phytosanitary certificate of inspection solanacearum race 3 biovar 2. Only arti- required by § 319.37–4 must contain an cles of Pelargonium spp. and Solanum additional declaration that states spp. from a group of articles that has ‘‘Ralstonia solanacearum race 3 biovar 2 been tested according to an APHIS-ap- is not known to occur in the country or proved testing protocol with negative area of origin’’; Provided, that this ad- results for the presence of R.

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solanacearum race 3 biovar 2 may be must be installed to prevent any R. used in production and export. Records solanacearum race 3 biovar 2 that may of the testing must be kept for two be present from spreading to the rest of growing seasons and made available to the production site through the irriga- representatives of APHIS and of the tion system. Ebb and flow irrigation NPPO. All testing procedures must be may not be used. approved by APHIS. (xi) Production site personnel must (iv) Each greenhouse on the produc- be educated regarding the various tion site must be constructed in a man- pathways through which R. ner that ensures that runoff water from solanacearum race 3 biovar 2 can be in- areas surrounding the greenhouses can- troduced into a production site and not enter the greenhouses. The green- must be trained to recognize symptoms houses must be surrounded by a 1- of R. solanacearum race 3 biovar 2 infec- meter buffer that is sloped so that tion in articles of Pelargonium spp. or water drains away from the green- Solanum spp. in the production site. houses. (xii) Articles of Pelargonium spp. or (v) Dicotyledonous weeds must be Solanum spp. produced for export with- controlled both within each greenhouse in an approved production site must be on the production site and around it. handled and packed in a manner ade- The greenhouses on the production site quate to prevent the introduction of R. and the 1-meter buffer surrounding solanacearum race 3 biovar 2. The arti- them must be free of dicotyledonous cles must be labeled with information weeds. indicating the production site from (vi) All equipment that comes in con- which the articles originated. tact with articles of Pelargonium spp. (xiii) If R. solanacearum race 3 biovar or Solanum spp. within the production 2 is found in the production site or in site must be adequately sanitized so consignments from the production site, that R. solanacearum race 3 biovar 2 the production site will be ineligible to cannot be transmitted between plants export articles of Pelargonium spp. or or enter from outside the production Solanum spp. to the United States. A site via the equipment. production site may be reinstated if a (vii) Production site personnel must reinspection reveals that the produc- adequately sanitize their clothing and tion site is free of R. solanacearum race shoes and wash their hands before en- 3 biovar 2 and all problems in the pro- tering the production site to prevent duction site have been addressed and the entry of R. solanacearum race 3 corrected to the satisfaction of APHIS. biovar 2 into the production site. (xiv) The phytosanitary certificate of (viii) Growing media for articles of inspection required by § 319.37–4 that Pelargonium spp. and Solanum spp. must accompanies these articles must con- be free of R. solanacearum race 3 biovar tain an additional declaration that 2. Growing media and containers for ar- states ‘‘These articles have been pro- ticles of Pelargonium spp. and Solanum duced in accordance with the require- spp. must not come in contact with ments in 7 CFR 319.37–5(r)(3).’’ growing media that could transmit R. (xv) The government of the country solanacearum race 3 biovar 2 and must in which the articles are produced be grown in an APHIS-approved grow- must enter into a trust fund agreement ing medium. with APHIS before each growing sea- (ix) Water used in maintenance of the son. The government of the country in plants at the production site must be which the articles are produced or its free of R. solanacearum race 3 biovar 2. designated representative is required The production site must either derive to pay in advance all estimated costs the water from an APHIS-approved that APHIS expects to incur through source or treat the water with an its involvement in overseeing the exe- APHIS-approved treatment before use. cution of paragraph (r)(3) of this sec- (x) Growing media at the production tion. These costs will include adminis- site must not come in direct contact trative expenses incurred in conducting with any water source, such as an the services enumerated in paragraph emitter or a hose end. If a drip irriga- (r)(3) of this section and all salaries tion system is used, backflow devices (including overtime and the Federal

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share of employee benefits), travel ex- (iii) If the restricted articles are to penses (including per diem expenses), be moved through an area of the and other incidental expenses incurred United States quarantined for pine by the inspectors in performing these shoot beetle, as provided in § 301.50–3 of services. The government of the coun- this chapter, en route to an area or try in which the articles are produced areas in the United States not quar- or its designated representative is re- antined for pine shoot beetle during quired to deposit a certified or cash- the period of January through Sep- ier’s check with APHIS for the amount tember when the temperature is 10 °C of the costs estimated by APHIS. If the (50 °F) or higher, the restricted articles deposit is not sufficient to meet all are shipped in an enclosed vehicle or costs incurred by APHIS, the agree- completely covered (such as with plas- ment further requires the government tic canvas, or other closely woven of the country in which the articles are cloth) so as to prevent access by the produced or its designated representa- pine shoot beetle. tive to deposit with APHIS a certified (2) From infested or partially infested or cashier’s check for the amount of Canadian Provinces to U.S. infested the remaining costs, as determined by areas. Restricted articles that origi- APHIS, before the services will be com- nated in or were moved through a Ca- pleted. After a final audit at the con- nadian Province that is considered to clusion of each shipping season, any be infested or partially infested with overpayment of funds would be re- pine shoot beetle (Tomicus piniperda), turned to the government of the coun- as determined by the CFIA, and are try in which the articles are produced destined for and will be moved only or its designated representative or held through areas in the United States on account until needed. quarantined for pine shoot beetle, as (s) Any restricted article (except provided in § 301.50–3 of this chapter, seeds) of Pinus spp. from Canada may may be imported into the United be imported into the United States States only if: (i) The accompanying phytosanitary only if it meets the following require- certificate of inspection specifies the ments, as well as all other applicable Canadian Province where the articles requirements of this subpart, to pre- originated and, if applicable, the Prov- vent the introduction of pine shoot ince or Provinces they were moved beetle (Tomicus piniperda): through, if different from the Province (1) From noninfested Canadian Prov- of origin; and inces to all areas of the United States. Re- (ii) The U.S. destination (including stricted articles that originated in and county and State) of the restricted ar- were moved only through Canadian ticles is plainly indicated on the re- Provinces that are not considered to be stricted articles or, if applicable, on infested or partially infested with pine the outer covering, packaging, or con- shoot beetle (Tomicus piniperda), as de- tainer. termined by the Canadian Food Inspec- (3) From infested or partially infested tion Agency (CFIA), may be imported Canadian Provinces to or through U.S. into any area of the United States only noninfested areas. Restricted articles if: that originated in or were moved (i) The accompanying phytosanitary through a Canadian Province that is certificate of inspection specifies the considered to be infested or partially Canadian Province where the restricted infested with pine shoot beetle articles originated and, if applicable, (Tomicus piniperda), as determined by the Province or Provinces they were the CFIA, and are destined for or will moved through, if different from the be moved through an area in the Province of origin; United States that is not quarantined (ii) The U.S. destination (including for pine shoot beetle, as provided in county and State) of the restricted ar- § 301.50–3 of this chapter, may be im- ticles is plainly indicated on the re- ported into the United States only if: stricted articles or, if applicable, on (i) The accompanying phytosanitary the outer covering, packaging, or con- certificate of inspection specifies the tainer; and Canadian Province where the restricted

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articles originated and, if applicable, that such article was produced in an the Province or Provinces they were approved certification program and moved through, if different from the found by the national plant protection Province of origin. The treatment sec- organization of Canada to be free of the tion of the phytosanitary certificate of BC–1 and BC–2 strains of blueberry inspection must indicate that the re- scorch carlavirus. stricted articles have been treated with (u) Special foreign inspection and cer- methyl bromide to kill the pine shoot tification requirements for Pelargonium beetle (Tomicus piniperda) in accord- spp. plants from the Canary Islands. ance with the applicable provisions of Pelargonium spp. plants from the Ca- part 305 of this chapter; or alter- nary Islands may only be imported into natively, in lieu of methyl bromide the United States in accordance with treatment, the phytosanitary certifi- the requirements of this section, to cate of inspection must contain one of prevent the plant pests Helicoverpa the following additional declarations: armigera, Chrysodeixis chalcites, and (A) ‘‘These restricted articles were Syngrapha circumflexa (syn. grown on a plantation that has a pro- Cornutiplusia circumflexa) from entering gram to control or eradicate pine shoot the United States. beetle (Tomicus piniperda) and have (1) Phytosanitary certificate. The been inspected and are considered to be phytosanitary certificate of inspection free from pine shoot beetle (Tomicus required by § 319.37–4 that accompanies piniperda)’’; or Pelargonium spp. plants from the Ca- (B) ‘‘These restricted articles origi- nary Islands must contain additional nated in an area where pine shoot bee- declarations that the plants were pro- tle (Tomicus piniperda) is not considered duced in an approved Spanish (Canary to be present, as determined by the Island) production site, that the pro- CFIA’’; or duction site is operated by a grower (C) ‘‘These restricted articles have participating in the export program for been 100 percent inspected and found to Pelargonium spp. plants established by be free from pine shoot beetle (Tomicus the national plant protection organiza- piniperda)’’; or tion of Spain, and that the plants were (D) ‘‘Based on inspection, the re- grown under conditions specified by stricted articles are no greater than 36 APHIS as described in this paragraph inches high with a bole diameter at soil § 319.37–5(u) to prevent infestation with level of 1 inch or less.’’ Helicoverpa armigera, Chrysodeixis (ii) The U.S. destination (including chalcites, and Syngrapha circumflexa county and State) of the restricted ar- (syn. Cornutiplusia circumflexa). ticles is plainly indicated on the arti- (2) Grower registration and agreement. cles or, if applicable, on the outer cov- Persons in the Canary Islands who ering, packaging, or container. produce Pelargonium spp. plants for ex- (iii) If the restricted articles are to port to the United States must: be moved through an area of the (i) Be registered and approved by the United States quarantined for pine national plant protection organization shoot beetle, as provided in § 301.50–3 of of Spain; and this chapter, en route to an area or (ii) Enter into an agreement with the areas in the United States not quar- national plant protection organization antined for pine shoot beetle during of Spain whereby the producer agrees the period of January through Sep- to participate in and follow the export tember when the temperature is 10 °C program for Pelargonium spp. plants es- (50 °F) or higher, the restricted articles tablished by the national plant protec- must be shipped in an enclosed vehicle tion organization of Spain. or completely covered (such as with (3) Growing requirements. Growers in plastic canvas, or other closely woven the Canary Islands who produce cloth) so as to prevent access by pine Pelargonium spp. plants for export to shoot beetle. the United States must meet the fol- (t) For any Vaccinium spp. plants lowing requirements for inclusion in from Canada, the phytosanitary certifi- the export program for Pelargonium cate of inspection required by § 319.37–4 spp. plants established by the national must contain an additional declaration plant protection organization of Spain:

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(i) Pelargonium spp. plants destined armigera, C. chalcites, and S. circumflexa for export to the United States must be and that those safeguards are correctly produced in a production site devoted implemented. solely to production of such plants. (v) The national plant protection or- (ii) The production sites in which ganization of Spain will provide APHIS such plants are produced must be reg- with access to the list of registered and istered with the national plant protec- approved growers at least annually. tion organization of Spain. Such pro- (5) Ineligibility for participation. (i) duction sites must employ safeguards Growers will be ineligible for participa- agreed on by APHIS and the national tion in the export program for plant protection organization of Spain, Pelargonium spp. plants established by including, but not limited to, pre- the national plant protection organiza- scribed mesh screen size (if the produc- tion of Spain and their production sites tion site is a screenhouse) and auto- will lose approved status if: matically closing doors, to ensure the exclusion of H. armigera. (A) Live Syngrapha circumflexa (syn. (iii) Each production site in which Cornutiplusia circumflexa), or any other plants destined for export to the moth of the family , are United States are grown must have at found in a production site; least one blacklight trap for 1 year fol- (B) Live Syngrapha circumflexa (syn. lowing any of the following events: Cornutiplusia circumflexa), or any other (A) The construction of the produc- moth of the family Noctuidae, are found tion site; in a shipment of plants; or (B) The entry of the production site (C) Growers violate the requirements into the approved plants export pro- set out in this section and by the ex- gram; port program established by the na- (C) The replacement of the covering tional plant protection organization of of the production site; or Spain. (D) The detection and repair of a (ii) A grower may be reinstated, and break or tear in the plastic or screen- the grower’s production sites may re- ing in the production site. gain approved status, by requesting re- (4) Inspections. Inspections under- approval and submitting a detailed re- taken in the export program for port describing the corrective actions Pelargonium spp. plants established by taken by the grower. Reapproval will the national plant protection organiza- only be granted upon concurrence from tion of Spain will include, but may not the national plant protection organiza- be limited to, the following: tion of Spain and APHIS. (i) The national plant protection or- (6) Termination. APHIS may termi- ganization of Spain will inspect the nate the entire program if there are re- plants and the production site during peated violations of procedural or bio- the growing season and during packing. (ii) Packing materials and shipping logical requirements. containers for the plants must be in- (7) Trust fund. The government of spected and approved by APHIS to en- Spain must enter into a trust fund sure that they do not introduce pests of agreement with APHIS before each concern to the plants. growing season. The government of (iii) Either APHIS or the national Spain or its designated representative plant protection organization of Spain is required to pay in advance all esti- will inspect the production site of the mated costs that APHIS expects to plants to ensure that they meet stand- incur through its involvement in over- ards of sanitation agreed upon by seeing the execution of paragraph (u) of APHIS and the national plant protec- this section. These costs will include tion organization of Spain. administrative expenses incurred in (iv) Inspectors from both APHIS and conducting the services enumerated in the national plant protection organiza- paragraph (u) of this section and all tion of Spain will have access to the salaries (including overtime and the production site as necessary to ensure Federal share of employee benefits), that growers are employing the proper travel expenses (including per diem ex- safeguards against infestation of H. penses), and other incidental expenses

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incurred by the inspectors in per- program for plants established by the forming these services. The govern- national plant protection organization ment of Spain or its designated rep- of Israel. resentative is required to deposit a cer- (3) Growing requirements. Growers in tified or cashier’s check with APHIS Israel who produce plants for export to for the amount of the costs estimated the United States must meet the fol- by APHIS. If the deposit is not suffi- lowing requirements for inclusion in cient to meet all costs incurred by the export program for plants estab- APHIS, the agreement further requires lished by the national plant protection the government of Spain or its des- organization of Israel: ignated representative to deposit with (i) Plants destined for export to the APHIS a certified or cashier’s check United States must come from a pro- for the amount of the remaining costs, duction site devoted solely to produc- as determined by APHIS, before the tion of such plants. services will be completed. After a (ii) The production sites in which final audit at the conclusion of each such plants are produced must be reg- shipping season, any overpayment of istered with the national plant protec- funds would be returned to the govern- tion organization of Israel. These pro- ment of Spain or its designated rep- duction sites must employ safeguards resentative or held on account until agreed on by APHIS and the national needed. plant protection organization of Israel (v) Special foreign inspection and cer- to prevent the entry of S. littoralis, in- tification requirements for plants from cluding, but not limited to, - Israel. Plants from Israel, except bulbs, proof screening over openings and dou- dormant perennials, and seeds, may ble or airlock-type doors. Any rips or only be imported into the United tears in the insect-proof screening States in accordance with the regula- must be repaired immediately. tions in this section, to prevent (iii) Each production site in which Spodoptera littoralis and other quar- plants destined for export to the antine pests found in Israel from enter- United States are grown must have at ing the United States. least one blacklight trap for 1 year fol- (1) Phytosanitary certificate. The lowing any of the following events: phytosanitary certificate of inspection (A) The construction of the produc- required by § 319.37–4 that accompanies tion site; plants from Israel at the time of ar- (B) The entry of the production site rival at the port of first arrival in the into the approved plants export pro- United States must contain additional gram; declarations that the plants were pro- (C) The replacement of the covering duced in an approved Israeli production of the production site; or site, that the production site is oper- (D) The detection and repair of a ated by a grower participating in the break or tear in the plastic or screen- export program for plants established ing in the production site. by the national plant protection orga- (4) Inspections. Inspections under- nization of Israel, and that the plants taken in the export program for plants were grown under conditions specified established by the national plant pro- by APHIS as described in this para- tection organization of Israel will in- graph § 319.37–5(v) to prevent infesta- clude, but may not be limited to, the tion or contamination with Spodoptera following: littoralis or other quarantine pests. (i) The national plant protection or- (2) Grower registration and agreement. ganization of Israel will inspect the Persons in Israel who produce plants plants and the production site weekly for export to the United States must: to ensure that no quarantine pests are (i) Be registered and approved by the present. national plant protection organization (ii) Plants must be inspected to en- of Israel; and sure that they are free of quarantine (ii) Enter into an agreement with the pests before being allowed into the national plant protection organization screened area of the production site. of Israel whereby the producer agrees (iii) The national plant protection or- to participate in and follow the export ganization of Israel will inspect the

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plants to ensure that no quarantine agreement with APHIS before each pests are present prior to export. growing season. The government of (iv) Packing materials and shipping Israel or its designated representative containers for the plants must be in- is required to pay in advance all esti- spected and approved by APHIS to en- mated costs that APHIS expects to sure that they do not introduce pests of incur through its involvement in over- concern to the plants. seeing the execution of paragraph (v) of (v) Either APHIS or the national this section. These costs will include plant protection organization of Israel administrative expenses incurred in will inspect the production site of the conducting the services enumerated in plants to ensure that they meet stand- paragraph (v) of this section and all ards of sanitation approved by APHIS. salaries (including overtime and the (vi) Inspectors from both APHIS and Federal share of employee benefits), the national plant protection organiza- travel expenses (including per diem ex- tion of Israel will have access to the penses), and other incidental expenses production site as necessary to ensure incurred by the inspectors in per- that growers are employing the safe- forming these services. The govern- guards and procedures prescribed by ment of Israel or its designated rep- the program and that those safeguards resentative is required to deposit a cer- and procedures are correctly imple- tified or cashier’s check with APHIS mented. for the amount of the costs estimated (vii) The national plant protection by APHIS. If the deposit is not suffi- organization of Israel will provide cient to meet all costs incurred by APHIS with access to the list of reg- APHIS, the agreement further requires istered and approved growers at least the government of Israel or its des- annually. ignated representative to deposit with (5) Ineligibility for participation. (i) APHIS a certified or cashier’s check Growers will be ineligible for participa- for the amount of the remaining costs, tion in the export program for plants as determined by APHIS, before the established by the national plant pro- services will be completed. After a tection organization of Israel and their final audit at the conclusion of each production sites will lose approved sta- shipping season, any overpayment of tus if: funds would be returned to the govern- (A) Live Spodoptera littoralis are ment of Israel or its designated rep- found in a production site; resentative or held on account until (B) Live Spodoptera littoralis are found needed. at port inspection two times during the (w) Seed of the genera Aeglopsis, shipping season in shipments from the Atalantia, Balsamocitrus, Bergera, same grower; or Calodendrum, Citrofortunella, (C) Growers violate the requirements xCitroncirus, Citrus, Clausena, set out in this section and by the ex- Fortunella, Limonia, Microcitrus, port program established by the na- Murraya, Poncirus, Severinia, Swinglea, tional plant protection organization of Toddalia, Triphasia, and Vepris from Ar- Israel. gentina, Bangladesh, Belize, Bhutan, (ii) A grower may be reinstated, and Brazil, Burundi, Cambodia, Cameroon, the grower’s production sites may re- Central African Republic, China, gain approved status, by requesting re- Comoros, Cuba, the Dominican Repub- approval and submitting a detailed re- lic, Ethiopia, Eritrea, India, Indonesia, port describing the corrective actions Jamaica, Japan, Kenya, Laos, Mada- taken by the grower. Reapproval will gascar, Malawi, Malaysia, Mauritius, only be granted upon concurrence from Mexico, Myanmar, Nepal, Pakistan, the national plant protection organiza- Papua New Guinea, Philippines, tion of Israel and APHIS. Re´union, Rwanda, Saint Helena, Saudi (6) Termination. APHIS may termi- Arabia, Somalia, South Africa, Sri nate the entire program if there are re- Lanka, Swaziland, Taiwan, Tanzania, peated violations of procedural or bio- Thailand, Timor-Leste, Vietnam, logical requirements. Yemen, and Zimbabwe is prohibited (7) Trust fund. The government of importation into the United States. Israel must enter into a trust fund Except for those countries listed in

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paragraph (x) of this section, seed of (3) Phytosanitary certificate. The these genera from all other countries phytosanitary certificate of inspection may be imported into the United required by § 319.37–4 that accompanies States only if the phytosanitary cer- each consignment of Dracaena spp. tificate required by § 319.37-4 contains plants from Costa Rica must contain an additional declaration that neither additional declarations that the plants citrus greening nor citrus variegated in the consignment have been pro- chlorosis is known to occur in the duced, packed, stored, and exported in country where the seed was produced. accordance with the requirements of (x) Seed of the Citrus from this paragraph (y) and the bilateral Costa Rica and Paraguay is prohibited workplan, and that the consignment importation into the United States. has been inspected and found free of Seed of the genera Aeglopsis, quarantine pests. Balsamocitrus, Bergera, Calodendrum, (4) Participant registration and agree- Citrofortunella, xCitroncirus, Clausena, ment. Persons in Costa Rica who Fortunella, Limonia, Microcitrus, produce, pack, or ship Dracaena spp. Murraya, Poncirus, Severinia, Swinglea, plants for export to the United States Toddalia, Triphasia, and Vepris from must: Costa Rica and Paraguay may be im- (i) Be registered and approved by the ported into the United States only if NPPO of Costa Rica; and the phytosanitary certificate required (ii) Enter into an agreement with the by § 319.37-4 contains an additional dec- NPPO of Costa Rica whereby the per- laration that citrus greening is not sons agree to participate in and follow known to occur in the country where the export program for Dracaena spp. the seed was produced. plants established by the NPPO of (y) Special foreign inspection and cer- Costa Rica. tification requirements for Dracaena spp. (5) Facility registration and agreement. plants from Costa Rica. Dracaena spp. Production, packing, and export facili- plants from Costa Rica may only be ties must be approved and registered imported into the continental United by the NPPO of Costa Rica. Registered States in accordance with the require- packing and export facilities may only ments of this paragraph (y), to prevent accept plants from registered produc- the plant pests Ancistrocercus tion facilities where plants are grown circumdatus, Caldwelliola reservata, in compliance with the requirements of Chaetanaphothrips signipennis, Coccus this paragraph (y) and the bilateral viridis, Diplosolenodes occidentalis, workplan. The NPPO of Costa Rica will Erioloides consobrinus, Neoconocephalus provide APHIS with access to the list affinis, , Ovachlamys of registered facilities at least annu- fulgens, Palliferra costaricensis, ally and when changes occur. Planococcus minor, Pseudococcus landoi, (6) Training. Participants and per- Sarasinula plebeia, Succinea costaricana, sonnel at approved production, pack- and Xylosandrus morigerus from enter- ing, and export facilities must be ing the United States. trained in the requirements of this (1) Size requirements. Dracaena spp. paragraph (y) and the bilateral plants from Costa Rica imported into workplan and in recognizing the quar- the continental United States may not antine listed in this paragraph (y). exceed 1,371.6 mm (approximately 54 Training records must be maintained inches) in length from the soil line (or and made available to the NPPO of top of the rooting zone for plants pro- Costa Rica and APHIS on request. duced by air layering) to the farthest (7) Pest management program. Partici- terminal growing point. pants must establish a pest manage- (2) Bilateral workplan. The national ment program for all approved produc- plant protection organization (NPPO) tion, packing, and export facilities. of Costa Rica must provide a bilateral Pest management programs must in- workplan to APHIS that details the ac- clude field or facility scouting, moni- tivities that the NPPO of Costa Rica toring, and control of target pests, and will, subject to APHIS’ approval of the must be monitored and approved by the workplan, carry out to meet the re- NPPO of Costa Rica. APHIS may visit quirements of this paragraph (y). sites to inspect and monitor the pest

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management program. Each approved Dracaena spp. plants will be ineligible facility must have a trained, dedicated for participation in the export program person to supervise the pest manage- for Dracaena spp. plants and their pro- ment program. Records of pest man- duction sites or packing or export fa- agement activities must be maintained cilities will lose approved status if: and made available to the NPPO of (A) Live pests are found in a produc- Costa Rica and APHIS upon request. tion site; (8) Sanitation. Sanitation measures (B) Live pests are found in a ship- must be maintained at approved pro- ment of plants; or duction, packing, and export facilities. (C) Persons who produce, pack, or Fallen or discarded plant material and ship Dracaena spp. plants violate the debris, or plants with pests, must be re- requirements set out in this section or moved and must not be included in required under the export program es- field containers brought from produc- tablished by the NPPO of Costa Rica. tion to packing facilities for export. (ii) A person who produces, packs, or Packing facilities must be free of sand, ships Dracaena spp. plants may be rein- soil, earth, and plant pests, and stated, and that person’s production phytosanitary practices adequate to sites or packing or export facilities exclude pests must be employed. may regain approved status, by re- Equipment, materials, and tools must questing reapproval and submitting a be sanitized to avoid spreading pests or detailed report describing the correc- to prevent recontamination. tive actions taken by the person. Re- (9) Inspections. Inspections under- approval will only be granted upon con- taken in the export program for currence from the NPPO of Costa Rica Dracaena spp. plants established by the and APHIS. NPPO of Costa Rica will include, but (13) Trust fund. The Government of may not be limited to, the following: Costa Rica must enter into a trust fund (i) Approved production, packing, and agreement with APHIS before each export facilities must be inspected by growing season. The Government of dedicated trained personnel at the ap- Costa Rica or its designated represent- proved facilities at least once weekly, ative is required to pay in advance all and by the NPPO of Costa Rica at least estimated costs that APHIS expects to once monthly. incur through its involvement in over- (ii) Packing materials and shipping seeing the execution of paragraph (y) of containers for the plants must be ap- this section. These costs will include proved by APHIS and inspected by the administrative expenses incurred in NPPO of Costa Rica to ensure that conducting the services enumerated in they do not introduce pests of concern paragraph (y) of this section and all to the plants. salaries (including overtime and the (iii) Inspection dates and results Federal share of employee benefits), must be recorded and made available travel expenses (including per diem ex- to APHIS upon request. penses), and other incidental expenses (10) Traceability. Participants must incurred by the inspectors in per- establish a traceability system ap- forming these services. The Govern- proved and audited by the NPPO of ment of Costa Rica or its designated Costa Rica and APHIS. The identity representative is required to deposit a and origin of the Dracaena spp. plants certified or cashier’s check with APHIS must be maintained from the produc- for the amount of the costs estimated tion unit through the packing and ex- by APHIS. If the deposit is not suffi- port facilities and to the port of entry cient to meet all costs incurred by in the United States. APHIS, the agreement further requires (11) Recordkeeping. Participants must the Government of Costa Rica or its maintain records of program activities, designated representative to deposit including corrective measures, for a with APHIS a certified or cashier’s minimum of 3 years. Records must be check for the amount of the remaining made available to the NPPO of Costa costs, as determined by APHIS, before Rica and APHIS on request. the services will be completed. After a (12) Ineligibility for participation. (i) final audit at the conclusion of each Persons who produce, pack, or ship shipping season, any overpayment of

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funds would be returned to the Govern- § 319.37–6 Specific treatment and ment of Costa Rica or its designated other requirements. representative or held on account until (a) The following seeds and bulbs needed. may be imported into the United (Approved by the Office of Management and States from designated countries and Budget under control numbers 0579–0049, localities only if they have been treat- 0579–0176, 0579–0221, 0579–0246, 0579–0257, and ed for the specified pests in accordance 0579–0279) with part 305 of this chapter. Seeds and bulbs treated prior to importation out- [45 FR 31585, May 13, 1980] side the United States must be treated EDITORIAL NOTE: For FEDERAL REGISTER ci- in accordance with § 319.37–13(c). An in- tations affecting § 319.37–5, see the List of spector may require treatment within CFR Sections Affected, which appears in the the United States of articles that have Finding Aids section of the printed volume been treated prior to importation out- and at www.fdsys.gov. side the United States if such treat- ment is determined to be necessary:

Seed/bulb Country/locality Pest(s) for which treatment is required

Abelmoschus spp. All ...... Pectinophora gossypiella (Saunders) (okra) seeds. (pink bollworm). Allium sativum (garlic) Algeria, Armenia, Austria, Azerbaijan, Belarus, Croatia, Brachycerus spp. and Dyspessa ulula bulbs. Czech Republic, Egypt, France, Georgia, Germany, (Bkh.). Greece, Hungary, Iran, Israel, Italy, Kazakhstan, Kyrgyzstan, Republic of Moldova, Morocco, Portugal, Serbia and Montenegro, Slovakia, Slovenia, Republic of South Africa, Spain, Switzerland, Syria, Russian Federa- tion, Tajikistan, Turkey, Turkmenistan, Ukraine, and Uz- bekistan. Castanea seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Guizotia abyssinica All (see paragraph (c) of this section) ...... Cuscuta spp., and other noxious weeds (niger) seeds. listed in 7 CFR 360.200. Hibiscus spp. (hibiscus, All, with the exception of kenaf seed (Hibiscus Pectinophora gossypiella (Saunders) rose mallow) seeds. cannabinus) from Mexico that is to be imported into pink (pink bollworm). bollworm generally infested areas listed in § 301.52–2a of this chapter. Lathyrus spp. (sweet All except North America and Central America ...... of the family Bruchidae. pea, peavine) seeds. Lens spp. (lentil) seeds All except North America and Central America ...... Insects of the family Bruchidae. Quercus seeds ...... All except Canada and Mexico ...... Curculio elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests of chestnut and acorn. Rutaceae, seeds of all Afghanistan, Andaman Islands, Caroline Islands, Fiji Is- Xanthomonas citri subsp. citri (citrus species in the family. lands, Home Island in Cocos (Keeling) Islands, Hong canker). Kong, Ivory Coast, Kampuchea, Korea, Mozambique, Oman, Rodriquez Island, Seychelles, Thursday Island, United Arab Emirates, and Zaire.. Vicia spp. (fava bean, All except North America and Central America ...... Insects of the family Bruchidae. vetch) seeds.

(b) Seeds and bulbs that are treated by APHIS 7 and that operates in com- within the United States must be pliance with a written agreement be- treated at the time of importation into tween the treatment facility owner and the United States. the plant protection service of the ex- (c) Seeds of Guizotia abyssinica (niger porting country, in which the treat- seed) that are treated prior to ship- ment facility owner agrees to comply ment to the United States must be treated at a facility that is approved 7 Criteria for the approval of heat treat- ment facilities are contained in part 305 of this chapter.

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