Animal and Plant Health Inspection Service, USDA § 319.40–1

of the plants for planting or the in- site, the climate and season at the site crease therefrom, as prescribed by an in relation to the pest’s survival, and inspector to prevent the introduction the availability of treatment facilities. of quarantine pests into the United (3) Costs and charges. All costs pursu- States. In choosing which action to ant to any action ordered by an inspec- order and in setting the time limit for tor in accordance with this section the action, the inspector shall consider shall be borne by the person who signed the degree of pest risk presented by the the postentry quarantine growing quarantine pests associated with the agreement covering the site where the type of plants for planting (including plants for planting were grown, or if no increase therefrom), the types of other such agreement was signed, by the host materials for the pest in or near owner of the plants for planting at the the growing site, the climate and sea- growing site. son at the site in relation to the pest’s (Approved by the Office of Management and survival, and the availability of treat- Budget under control number 0579–0190) ment facilities. (2) Growing at authorized sites. If an inspector determines that any plants Subpart I—Logs, , and for planting, or any increase there- Other Articles from, grown at a site specified in an authorized postentry quarantine grow- SOURCE: 60 FR 27674, May 25, 1995, unless ing agreement is being grown contrary otherwise noted. Redesignated at 84 FR 2429, to the provisions of this section, in- Feb. 7, 2019. cluding in numbers greater than the number approved by the postentry § 319.40–1 Definitions. quarantine growing agreement, or in a Administrator. The Administrator of manner that otherwise presents a risk the Animal and Plant Health Inspec- of introducing quarantine pests into tion Service, United States Depart- the United States, the inspector shall ment of Agriculture, or any employee issue an emergency action notification of the United States Department of Ag- (PPQ Form 523) to the person who riculture delegated to act in his or her signed the postentry quarantine grow- stead. ing agreement. That person shall be re- APHIS. The Animal and Plant Health sponsible for carrying out all actions Inspection Service, United States De- specified in the emergency action noti- partment of Agriculture. fication. The emergency action notifi- Bark chips. Bark fragments broken or cation may extend the time for which shredded from log or branch surfaces. the plants for planting and the increase Certificate. A certificate of inspection therefrom must be grown under the relating to a regulated article, which is postentry quarantine conditions speci- issued by an official authorized by the fied in the authorized postentry quar- national government of the country in antine growing agreement, or may re- which the regulated article was pro- quire that the person named in the no- duced or grown, which is addressed to tification must destroy, ship to a point the plant protection service of the outside the United States, or apply United States (Plant Protection and treatments or other safeguards to the Quarantine Programs), which contains plants for planting, the increase there- a description of the regulated article, from, or any portion of the plants for which certifies that the regulated arti- planting or the increase therefrom, cle has been inspected, is believed to be within the time specified in the emer- free of plant pests, and is believed to be gency action notification. In choosing eligible for importation pursuant to which action to order and in setting the laws and regulations of the United the time limit for the action, the in- States, and which may contain any spector shall consider the degree of specific additional declarations re- pest risk presented by the quarantine quired under this subpart. pests associated with the type of plants Compliance agreement. A written for planting (including increase there- agreement between APHIS and a per- from), the types of other host mate- son engaged in processing, handling, or rials for the pest in or near the growing moving regulated articles, in which the

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person agrees to comply with require- ments prior to importation, and that ments contained in the agreement. are consigned to the same person. Controlled import permit. A written or Lumber. Logs that have been sawn electronically transmitted authoriza- into boards, planks, or structural mem- tion issued by APHIS for the importa- bers such as beams. tion into the United States of other- Permit. A specific permit to import a wise prohibited or restricted plant ma- regulated article issued in accordance terial for experimental, therapeutic, or with § 319.40–4, or a general permit pro- developmental purposes, under con- mulgated in § 319.40–3. trolled conditions as prescribed by the Plant pest. Any living stage of any in- Administrator in accordance with sects, mites, nematodes, slugs, snails, § 319.6. protozoa, or other invertebrate ani- Fines. Small particles or fragments of mals, bacteria, fungi, other parasitic wood, slightly larger than , plants or reproductive parts of para- that result from chipping, sawing, or sitic plants, noxious weeds, viruses, or processing wood. any organism similar to or allied with Free from rot. No more than two per- any of the foregoing, or any infectious cent by weight of the regulated articles substances, which can injure or cause in a lot show visual evidence of fruc- disease or damage in any plants, parts tification of fungi or growth of other of plants, or any products of plants. microorganisms that cause decay and Port of first arrival. The area (such as the breakdown of cell walls in the regu- a seaport, airport, or land border sta- lated articles. tion) where a person or a means of con- General permit. A written authoriza- veyance first arrives in the United tion contained in § 319.40–3 for any per- States, and where inspection of regu- son to import the articles named by lated articles is carried out by inspec- the general permit, in accordance with tors. the requirements specified by the gen- Primary processing. Any of the fol- eral permit, without being issued a spe- lowing processes: cleaning (removal of cific permit. soil, limbs, and foliage), debarking, Humus, compost, and litter. Partially rough sawing (bucking or squaring), or wholly decayed plant matter. rough shaping, spraying with fungicide Import (imported, importation). To or insecticide sprays, and fumigation. bring or move into the territorial lim- Regulated article. The following arti- its of the United States. cles, if they are unprocessed, have re- Importer document. A written declara- ceived only primary processing, or con- tion signed by the importer of regu- tain parts that are either unprocessed lated articles, which must accompany or have received only primary proc- the regulated articles at the time of essing and are not feasibly separable importation, in which the importer ac- from the other parts of the article: curately declares information about Logs; lumber; any whole tree; any cut the regulated articles required to be tree or any portion of a tree, not solely disclosed by § 319.40–2(b). consisting of leaves, flowers, fruits, Inspector. Any individual authorized buds, or seeds; bark; cork; ; hog by the Administrator to enforce this fuel; sawdust; painted raw wood prod- subpart. ucts; excelsior (wood wool); wood chips; Log. The bole of a tree; trimmed tim- wood ; wood shavings; pickets; ber that has not been sawn further stakes; shingles; solid wood packing than to form cants. materials; humus; compost; litter; and Loose wood packing material. Excelsior wooden handicrafts. (wood wool), sawdust, and wood Regulated wood packaging material. shavings, produced as a result of saw- Wood packaging material other than ing or shaving wood into small, slen- manufactured wood materials, loose der, and curved pieces. wood packing materials, and wood Lot. All the regulated articles on a pieces less than 6 mm thick in any di- single means of conveyance that are mension, that are used or for use with derived from the same species of tree cargo to prevent damage, including, and were subjected to the same treat- but not limited to, dunnage, crating,

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pallets, packing blocks, drums, cases, and vines, and including bamboo poles and skids. and garden stakes. Handicrafts include Sealed container; sealable container. A the following products where wood is completely enclosed container designed present: Carvings, baskets, boxes, bird for the storage or transportation of houses, garden and lawn/patio fur- cargo, and constructed of metal or fi- niture (rustic), potpourri, artificial berglass, or other rigid material, pro- trees (typically artificial ficus trees), viding an enclosure which prevents the trellis towers, garden fencing and edg- entrance or exit of plant pests and is ing, and other items composed of wood. accessed through doors that can be [60 FR 27674, May 25, 1995, as amended at 63 closed and secured with a lock or seal. FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, Sealed (sealable) containers are dis- 1998; 65 FR 21127, Apr. 20, 2000; 69 FR 55732, tinct and separable from the means of Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR conveyance carrying them. 33324, June 7, 2005; 72 FR 30467, June 1, 2007; Specific permit. A written document 77 FR 12443, Mar. 1, 2012; 78 FR 25571, May 2, issued by APHIS to the applicant in ac- 2013] cordance with § 319.40–4 that authorizes importation of articles in accordance § 319.40–2 General prohibitions and re- with this subpart and specifies or refers strictions; relation to other regula- tions. to the regulations applicable to the particular importation. (a) Permit required. Except for regu- Statement of origin and movement. A lated articles exempted from this re- signed, accurate statement certifying quirement by paragraph (c) of this sec- the area or areas where the regulated tion or § 319.40–3, no regulated article articles originated and, if applicable, may be imported unless a specific per- the area or areas they were moved mit has been issued for importation of through prior to importation. The the regulated article in accordance statement may be printed directly on with § 319.40–4, and unless the regulated the documentation accompanying the article meets all other applicable re- shipment of regulated articles, or it quirements of this subpart and any re- may be provided on a separate docu- quirements specified by APHIS in the ment. The statement does not require specific permit. the signature of a public officer of a na- (b) Importer document; documentation tional plant protection organization; of type, quantity, and origin of regulated exporters may sign the document. articles. Except for regulated articles Tropical hardwoods. Hardwood timber exempted from this requirement by species which grow only in tropical cli- paragraph (c) of this section or § 319.40– mates. 3, no regulated article may be imported United States. All of the States of the unless it is accompanied by an im- United States, the District of Colum- porter document stating the following bia, Guam, the Northern Mariana Is- information. A certificate that con- lands, Puerto Rico, the Virgin Islands tains this information may be used in of the United States, and all other ter- lieu of an importer document at the op- ritories and possessions of the United tion of the importer: States. (1) The genus and species of the tree Wood chips. Wood fragments broken from which the regulated article was or shredded from any wood. derived; Wood mulch. Bark chips, wood chips, (2) The country, and locality if wood shavings, or sawdust intended for known, where the tree from which the use as a protective or decorative regulated article was derived was har- ground cover. vested; Wood packaging material. Wood or (3) The quantity of the regulated ar- wood products (excluding prod- ticle to be imported; ucts) used in supporting, protecting or (4) The use for which the regulated carrying a commodity (includes article is imported; and dunnage). (5) Any treatments or handling of the Wooden handicraft. A commodity regulated article required by this sub- class of articles derived or made from part that were performed prior to ar- natural components of wood, twigs, rival at the port of first arrival.

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