§ 318.82–3 7 CFR Ch. III (1–1–03 Edition)

The movement of pests, means of 319.8–20 Importations by the Department of conveyance, , plant products, and Agriculture. other products and articles from Guam 319.8–21 Release of cotton and covers after into or through any other State, Terri- 18 months’ storage. 319.8–22 Ports of entry or export. tory, or District is also regulated by 319.8–23 Treatment. part 330 of this chapter. 319.8–24 Collection and disposal of waste. 319.8–25 Costs and charges. § 318.82–3 Costs. 319.8–26 Material refused entry. All costs incident to the inspection, handling, cleaning, safeguarding, treat- Subpart—Sugarcane ing, or other disposal of products or ar- 319.15 Notice of quarantine. ticles under this subpart, except for the 319.15a Administrative instructions and in- services of an inspector during regu- terpretation relating to entry into Guam larly assigned hours of duty and at the of bagasse and related sugarcane prod- usual places of duty, shall be borne by ucts. the owner. Subpart—Citrus Canker and Other Citrus PART 319—FOREIGN QUARANTINE Diseases NOTICES 319.19 Notice of quarantine.

Subpart—Foreign Cotton and Covers Subpart—Corn Diseases

QUARANTINE QUARANTINE Sec. 319.24 Notice of quarantine. 319.8 Notice of quarantine. 319.24a Administrative instructions relating 319.8a Administrative instructions relating to entry of corn into Guam. to the entry of cotton and covers into Guam. REGULATIONS GOVERNING ENTRY OF INDIAN CORN OR MAIZE REGULATIONS; GENERAL 319.24–1 Applications for permits for impor- 319.8–1 Definitions. tation of corn. 319.24–2 Issuance of permits. CONDITIONS OF IMPORTATION AND ENTRY OF 319.24–3 Marking as condition of entry. COTTON AND COVERS 319.24–4 Notice of arrival of corn by per- 319.8–2 Permit procedure. mittee. 319.8–3 Refusal and cancellation of permits. 319.24–5 Condition of entry. 319.8–4 Notice of arrival. 319.8–5 Marking of containers. Subpart—Citrus 319.8–6 Cottonseed cake and cottonseed 319.28 Notice of quarantine. meal. 319.8–7 Processed lint, linters, and waste. Subpart—Nursery Stock, Plants, Roots, 319.8–8 Lint, linters, and waste. 319.8–9 Hull fiber and gin trash. Bulbs, Seeds, and Other Plant Products 319.8–10 Covers. 319.37 Prohibitions and restrictions on im- portation; disposal of articles refused im- SPECIAL CONDITIONS FOR THE ENTRY OF portation. COTTON AND COVERS FROM MEXICO 319.37–1 Definitions. 319.8–11 From approved areas of Mexico. 319.37–2 Prohibited articles. 319.8–12 From the West Coast of Mexico. 319.37–3 Permits. 319.8–13 From Northwest Mexico. 319.37–4 Inspection, treatment, and 319.8–14 Mexican cotton and covers not oth- phytosanitary certificates of inspection. erwise enterable. 319.37–5 Special foreign inspection and cer- tification requirements. MISCELLANEOUS PROVISIONS 319.37–6 Specific treatment and other re- 319.8–16 Importation into United States of quirements. cotton and covers exported therefrom. 319.37–7 Postentry quarantine. 319.8–17 Importation for exportation, and 319.37–8 Growing media. importation for transportation and ex- 319.37–9 Approved packing material. portation; storage. 319.37–10 Marking and identity. 319.8–18 Samples. 319.37–11 Arrival notification. 319.8–19 Cottonseed or seed cotton for exper- 319.37–12 Prohibited articles accompanying imental or scientific purposes. restricted articles.

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319.37–13 Treatment and costs and charges 319.55–4 Issuance of permits. for inspection and treatment. 319.55–5 Notice of arrival by permittee. 319.37–14 Ports of entry. 319.55–6 Inspection and disinfection at port of arrival. Subpart—Logs, Lumber, and Other 319.55–7 Importations by mail. Unmanufactured Wood Articles Subpart— and Vegetables 319.40–1 Definitions. 319.40–2 General prohibitions and restric- QUARANTINE tions; relation to other regulations. 319.56 Notice of quarantine. 319.40–3 General permits; articles that may 319.56a Administrative instructions and in- be imported without a specific permit; terpretation relating to entry into Guam articles that may be imported without of fruits and vegetables under § 319.56. either a specific permit or an importer document. RULES AND REGULATIONS 319.40–4 Application for a permit to import regulated articles; issuance and with- 319.56–1 Definitions. drawal of permits. 319.56–2 Restrictions on entry of fruits and 319.40–5 Importation and entry require- vegetables. ments for specified articles. 319.56–2a Permits required for entry of 319.40–6 Universal importation options. chestnuts and acorns and certain coco- 319.40–7 Treatments and safeguards. nuts. 319.40–8 Processing at facilities operating 319.56–2b Administrative instructions; under compliance agreements. conditions governing the entry of acorns 319.40–9 Inspection and other requirements and chestnuts. at port of first arrival. 319.56–2c Administrative instructions au- 319.40–10 Costs and charges. thorizing the importation of frozen fruits 319.40–11 Plant pest risk assessment stand- and vegetables. ards. 319.56–2d Administrative instructions for cold treatments of certain imported Subpart—Indian Corn or Maize, fruits. Broomcorn, and Related Plants 319.56–2e Administrative instructions; conditions governing the entry of QUARANTINE cipollini from Morocco. 319.56–2f Administrative instructions gov- 319.41 Notice of quarantine. erning importation of grapefruit, lemons, 319.41a Administrative instructions relating and oranges from Argentina. to entry into Guam of broomcorn, 319.56–2g Administrative instructions pre- brooms, and similar articles. scribing method of treatment of garlic 319.41b Administrative instructions pre- from specified countries. scribing conditions for entry of 319.56–2h Regulations governing the entry broomstraw without treatment. of grapes from Australia. RULES AND REGULATIONS 319.56–2i Administrative instructions pre- scribing treatments for mangoes from 319.41–1 Plant products permitted entry. Central America, South America, and 319.41–2 Application for permits. the West Indies. 319.41–3 Issuance of permits. 319.56–2j Conditions governing the entry 319.41–4 Notice of arrival by permittee. of apples and pears from Australia (in- 319.41–5 Condition of entry. cluding Tasmania) and New Zealand. 319.41–5a Administrative instructions; 319.56–2k Administrative instructions pre- method used for the disinfection of im- scribing method of fumigation of field- ported broomcorn and broomcorn grown grapes from specified countries. brooms. 319.56–2l Administrative instructions pre- 319.41–6 Importations by mail. scribing method of treatment of im- ported yams. Subpart—Rice 319.56–2m Administrative instructions QUARANTINE prescribing method of fumigation of apri- cots, grapes, nectarines, peaches, 319.55 Notice of quarantine. plumcot, and plums from Chile. 319.55a Administrative instructions relating 319.56–2n Administrative instructions pre- to entry of rice straw and rice hulls into scribing a combination treatment of fu- Guam. migation plus refrigeration for certain fruits. RULES AND REGULATIONS 319.56–2o Administrative instructions pre- 319.55–1 Definitions. scribing method of treatment of avoca- 319.55–2 Application for permit. dos for the Mediterranean fruit fly, the 319.55–3 Ports of entry. melon fly, and the oriental fruit fly.

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319.56–2p Administrative instructions pre- 319.56–4 Issuance of permits. scribing treatment and relieving restric- 319.56–5 Notice of arrival by permittee. tions regarding importation of okra from 319.56–6 Inspection and other requirements Mexico, the West Indies, and certain at the port of first arrival. countries in South America. 319.56–7 Inspection of baggage and cargo on 319.56–2q Administrative instructions: the dock. Conditions governing the entry of citrus 319.56–8 Territorial applicability. from South Africa. 319.56–2r Administrative instructions gov- Subpart—Wheat Diseases erning the entry of apples and pears from certain countries in Europe. 319.59 Prohibitions on importation; disposal 319.56–2s Administrative instructions gov- of articles refused importation. erning the entry of apricots, nectarines, 319.59–1 Definitions. peaches, plumcot, and plums from Chile. 319.59–2 Prohibited articles. 319.56–2t Administrative instructions: Conditions governing the entry of cer- Subpart—Packing Materials tain fruits and vegetables. 319.56–2u Conditions governing the entry QUARANTINE of lettuce and peppers from Israel. 319.56–2v Conditions governing the entry 319.69 Notice of quarantine. of citrus from Australia. 319.69a Administrative instructions and in- 319.56–2w Administrative instruction; condi- terpretation relating to the entry into tions governing the entry of papayas Guam of plant materials specified in from Central America and Brazil. § 319.69. 319.56–2x Administrative instructions; conditions governing the entry of certain RULES AND REGULATIONS fruits and vegetables for which treat- 319.69–1 Definitions. ment is required. 319.69–2 Freedom from pests. 319.56–2y Administrative instructions; 319.69–3 Entry inspection. conditions governing the entry of canta- 319.69–4 Disposition of materials found in loupe and watermelon from Ecuador. violation. 319.56–2z Administrative instructions gov- 319.69–5 Types of soil authorized for pack- erning the entry of cherimoyas from ing. Chile. 319.56–2aa Administrative instructions gov- erning the entry of cantaloupe, hon- Subpart—Coffee eydew melons, and watermelon from 319.73–1 Definitions. Brazil and Venezuela. 319.73–2 Products prohibited importation. 319.56–2bb Administrative instructions 319.73–3 Conditions for transit movement of governing movement of Hass avocados certain products through Puerto Rico or from Mexico to Alaska. Hawaii. 319.56–2cc Administrative instructions governing the entry of Fuji variety ap- 319.73–4 Costs. ples from Japan and the Republic of . Subpart—Cut 319.56–2dd Administrative instructions: 319.74–1 Definitions. Conditions governing the entry of toma- 319.74–2 Conditions governing the entry of toes. cut flowers. 319.56–2ee Administrative instructions: Conditions governing the entry of Ya va- 319.74–3 Importations by the Department. riety pears from China. 319.74–4 Costs and charges. 319.56–2ff Administrative instructions gov- erning movement of Hass avocados from Subpart—Khapra Beetle Michoacan, Mexico, to approved States. 319.75 Restrictions on importation of re- 319.56–2gg Administrative instructions; con- stricted articles; disposal of articles re- ditions governing the entry of peppers fused importation. from Spain. 319.56–2hh Conditions governing the entry 319.75–1 Definitions. of peppers from New Zealand. 319.75–2 Restricted articles. 319.56–2ii Administrative instructions: con- 319.75–3 Permits. ditions governing the entry of mangoes 319.75–4 Treatments. from the Philippines. 319.75–5 Marking and identity. 319.56–2jj Administrative instructions; con- 319.75–6 Arrival notification. ditions governing the importation of 319.75–7 Costs and charges. clementines from Spain. 319.75–8 Ports of entry. 319.56–3 Applications for permits for impor- 319.75–9 Inspection and phytosanitary cer- tation of fruits and vegetables. tificate of inspection.

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Subpart—Exotic Bee Diseases and grain products), field seeds, agricul- Parasites tural roots, rhizomes, tubers, or other underground crops, may result in the 319.76 Restrictions on importation of re- stricted articles; disposal of articles re- entry into the United States of the fused importation. pink bollworm (Pectinophora 319.76–1 Definitions. gossypiella (Saund.)), the golden nema- 319.76–2 Restricted articles. tode of potatoes Heterodera 319.76–3 Permits. rostochiensis Wr.), the flag smut dis- 319.76–4 Inspections and treatments. 319.76–5 Marking and shipping. ease (Urocystis tritici Koern.), and 319.76–6 Arrival notification. other injurious plant diseases and in- 319.76–7 Costs and charges. sect pests, and said Administrator 319.76–8 Ports of entry. hereby further determines, that, in order to prevent the introduction into Subpart—Gypsy Host Material from the United States of said plant diseases Canada and pests, which are new to or 319.77–1 Definitions. not heretofore widely prevalent or dis- 319.77–2 Regulated articles. tributed within and throughout the 319.77–3 Gypsy moth infested areas in Can- United States, it is necessary to forbid ada. 319.77–4 Conditions for the importation of the importation into the United States regulated articles. of the plants and products, including 319.77–5 Disposition of regulated articles de- fabrics, specified above, except as per- nied entry. mitted in the regulations supplemental AUTHORITY: 7 U.S.C. 166, 450, 7711–7714, 7718, hereto. Hereafter the plants and prod- 7731, 7732, and 7751–7754; 21 U.S.C. 136 and ucts specified above shall not be im- 136a; 7 CFR 2.22, 2.80, and 371.3. ported or offered for entry into the SOURCE: 24 FR 10788, Dec. 29, 1959, unless United States from any foreign coun- otherwise noted. try or locality except as permitted by said regulations, and the plants and Subpart—Foreign Cotton and products permitted by the regulations Covers to be imported or offered for entry shall be subject to sections 411–414 and QUARANTINE 434 of the Plant Protection Act (7 U.S.C. 7711–7714 and 7754). Provided, § 319.8 Notice of quarantine. That whenever the Deputy Adminis- (a) Pursuant to sections 411–414 and trator of the Plant Protection and 434 of the Plant Protection Act (7 Quarantine Programs shall find the ex- U.S.C. 7711–7714 and 7754), and after the isting conditions as to pest risk in- public hearing required thereunder, the volved in the importation of the arti- Administrator of the Animal and Plant cles to which the regulations supple- Health Inspection Service hereby de- mental hereto apply, make it safe to termines that the unrestricted impor- modify, by making less stringent the tation into the United States from all restrictions contained in any of such foreign countries and localities of (1) regulations, he shall publish such find- any parts or products of plants of the ings in the administrative instructions, Gossypium, including seed cot- ton; cottonseed; cotton lint, linters, specifying the manner in which the re- and other forms of cotton fiber (not in- strictions shall be made less stringent, cluding yarn, thread, and cloth); cot- whereupon such modification shall be- tonseed hulls, cake, meal, and other come effective; or he may, upon re- cottonseed products, except oil; cotton quest in specific cases, when the public waste, including gin waste and thread interests will permit, authorize such waste; and any other unmanufactured importation under conditions specified parts of cotton plants; and (2) second- in the permit to carry out the purposes hand burlap and other fabrics, shredded of this part that are less stringent than or otherwise, which have been used or those contained in the regulations. are of the kinds ordinarily used, for containing cotton, grains (including

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(b) As used in this section the term port where an inspector is available to ‘‘United States’’ shall have the mean- supervise the fumigation. ing ascribed to it in the regulations Approved mill or plant. A mill or plant supplemental hereto. operating under a signed agreement with the Plant Protection and Quar- [24 FR 10788, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, antine Programs required for approval 1972; 66 FR 21054, Apr. 27, 2001] of a mill or plant as specified in § 319.8– 8(a)(2). § 319.8a Administrative instructions Authorized. Authorized by the Deputy relating to the entry of cotton and Administrator of the Plant Protection covers into Guam. and Quarantine Programs. The plants and products specified in Compressed. Compressed or pressed § 319.8(a) may be imported into Guam and baled or packaged to a density without further permit, other than the greater than approximately 20 pounds authorization contained in this para- and less than approximately 28 pounds graph. Sections 319.8–2 and 319.8–3 shall per cubic foot. not be applicable to such importations. Compressed to high density. Com- In addition, such importations need pressed or pressed and baled or pack- not comply with the requirements of aged to a density of approximately 28 § 319.8–4 relating to notice of arrival in- or more pounds per cubic foot. asmuch as there is available to the in- Contamination (contaminate). Con- spector the essential information nor- taining or bearing whole cottonseed or mally supplied by the importer at the seed cotton or other material which time of importation. Sections 319.8–5 may carry the pink bollworm, the gold- through 319.8–27 shall not be applicable en nematode of potatoes, the flag smut to importations into Guam. Inspection disease, or other injurious plant dis- of such importations may be made eases or insect pests. (The verb con- under the general authority of taminate shall be construed accord- § 330.105(a) of this chapter. If an impor- ingly.) tation is found infected, infested, or Cotton. Parts and products of plants contaminated with any plant pest and of the genus Gossypium, including seed is not subject to disposal under this cotton; cottonseed; cotton lint, linters part, disposition may be made in ac- and other forms of cotton fiber, not in- cordance with § 330.106 of this chapter. cluding yarn, thread and cloth; cotton- seed hulls, cake, meal, and other cot- REGULATIONS; GENERAL tonseed products, except oil; waste; and all other unmanufactured parts of cot- § 319.8–1 Definitions. ton plants. For the purposes of the regulations Cottonseed. Cottonseed from which in this subpart, the following words the lint has been removed. shall be construed, respectively, to Covers. Second-hand burlap and other mean: fabrics, shredded or otherwise, includ- Approved. Approved by the Deputy ing any whole bag, any bag that has Administrator of the Plant Protection been slit open, and any part of a bag, and Quarantine Programs. which have been used, or are of the Approved areas of Mexico. Any areas kinds ordinarily used, for containing of Mexico, other than those described cotton, grains (including grain prod- in paragraphs (q) and (r) of this sec- ucts), field seeds, agricultural roots, tion, which are designated by the Dep- rhizomes, tubers, or other underground uty Administrator as areas in which crops. Burlap and other fabrics, when cotton and cotton products are pro- new or unused are excluded from this duced and handled under conditions definition. comparable to those under which like Deputy Administrator, Plant Protection cotton and cotton products are pro- and Quarantine Programs. The Deputy duced and handled in the generally in- Administrator of the Plant Protection fested pink bollworm regulated area in and Quarantine Programs, or any offi- the United States. cer or employee of the Plant Protec- Approved fumigation facilities. Ap- tion and Quarantine Programs to proved vacuum fumigation plant at a whom authority has heretofore been

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delegated or may hereafter be dele- infested pink bollworm regulated area gated to act in his stead. is that part of the regulated area des- Gin trash. All of the material pro- ignated as generally infested in the duced during the cleaning and ginning said Administrative Instructions. of seed cotton, bollies or snapped cot- Plant Protection and Quarantine Pro- ton except the lint, cottonseed, and gin grams. The Plant Protection and Quar- waste. antine Programs, Animal and Plant Inspector. A properly identified em- Health Inspection Service, of the ployee of the U.S. Department of Agri- United States Department of Agri- culture or other person authorized to culture. enforce the provisions of the Plant Pro- Root crop. The underground crop por- tection Act. tions of any plants. Lint. All forms of raw ginned cotton, either baled or unbaled, except linters Samples. Samples of lint, linters, and waste. waste, cottonseed cake, and cottonseed Linters. All forms of cotton fiber sep- meal, of the amount and character usu- arated from cottonseed after the lint ally required for trade purposes. has been removed, excluding so-called Seed cotton. Cotton as it comes from hull fiber. the field. North, northern. When used to des- Treatment. Procedures administra- ignate ports of arrival, these terms tively approved by the Deputy Admin- mean the port of Norfolk, Virginia, and istrator of the Plant Protection and all Atlantic Coast ports north thereof, Quarantine Programs for destroying ports along the Canadian border, and infestations or infections of insect Pacific Coast ports in the States of pests or plant diseases, such as fumiga- Washington and Oregon. When used in tion, application of chemicals or dry or a geographic sense to designate areas moist heat, or processing, utilization, or locations, these terms mean any or storage. State in which cotton is not grown Uncompressed. Baled or packaged to a commercially. However when cotton is density not exceeding approximately 20 grown commercially in certain por- pounds per cubic foot. tions of a State, as is the case in Illi- United States. Any of the States, the nois, Kansas, and Missouri, these terms District of Columbia, Guam, Puerto include those portions of such State as Rico, or the Virgin Islands of the may be determined by the Deputy Ad- United States. ministrator of the Plant Protection and Quarantine Programs as remote Utilization. Processing or manufac- from the main area of cotton produc- ture, in lieu of fumigation at time of tion. entry, at a mill or plant specifically Northwest Mexico. All of the State of approved by the Deputy Administrator Baja California, Mexico, and that part of the Plant Protection and Quarantine of the State of Sonora, Mexico, lying Programs. 1 between San Luis Mesa and the Colo- Waste. All forms of cotton waste de- rado River. rived from the manufacture of cotton Permit. A form of authorization to lint, in any form or under any trade allow the importation of cotton or cov- designation, including gin waste and ers in accordance with the regulations thread waste; and waste products de- in this subpart. rived from the milling of cottonseed. Person. Any individual, firm, corpora- Gin trash is not within the definition tion, company, society, or association, of waste. or any organized group of any of the West Coast of Mexico. The State of foregoing. Sinaloa, the State of Sonora (except Pink bollworm regulated area; generally that part of the Imperial Valley lying infested pink bollworm regulated area. The pink bollworm regulated area con- 1 A list of approved mills and plants may be sists of those States or parts thereof obtained from the Plant Protection and designated as regulated area in Admin- Quarantine Programs, Room 710, U.S. Ap- istrative Instructions issued under praisers Stores, 408 Atlantic Ave., Boston, § 301.52–2 of this chapter. The generally Mass. 02210.

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between San Luis Mesa and the Colo- issued authorizing the importation and rado River), and the Southern Terri- specifying the port of entry and the tory of Baja California, in Mexico. conditions of entry. A copy of the per- [24 FR 10788, Dec. 29, 1959, as amended at 27 mit will be supplied to the importer. FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, (e) Upon receipt of an application to 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, import lint, linters, waste, or covers, Apr. 27, 2001] without treatment, for utilization under agreement as defined in § 319.8– CONDITIONS OF IMPORTATION AND ENTRY 8(a)(2), an investigation will be made OF COTTON AND COVERS by an inspector to determine that the § 319.8–2 Permit procedure. receiving mill or plant is satisfactorily (a) Except as otherwise provided for located geographically, is equipped in §§ 319.8–10 and 319.8–18, permits shall with all necessary safeguards, and is be obtained for importations into the apparently in a position to fulfill all United States of all cotton and covers. precautionary conditions to which it Permits will be issued only for cotton may agree. Upon determination by the and covers authorized entry under inspector that these qualifications are §§ 319.8–6 through 319.8–20. Persons de- fulfilled, the owner or operator of the siring to import cotton or covers under mill or plant may sign an agreement §§ 319.8–6 through 319.8–20 shall, in ad- specifying that the required pre- vance of departure of such material cautionary conditions will be main- from a foreign port, submit to the tained. Such signed agreement will be Plant Protection and Quarantine Pro- a necessary requisite to the release at 2 grams an application stating the the port of entry of any imported lint, name and address of the importer, the linters, waste, or covers for forwarding country from which such material is to to and utilization at such mill or plant be imported, and the kind of cotton or in lieu of vacuum fumigation or other covers it is desired to import. Applica- tions to import cottonseed shall state treatment otherwise required by this the approximate quantity and the pro- subpart. Permits for the importation of posed United States port of entry. Ap- such materials will be issued in accord- plications to import lint, linters, or ance with paragraph (a) of this section. waste shall state whether such mate- (f) Permits for importation of any rials are compressed. cotton or covers are conditioned upon (b) Applications to import lint, lint- compliance with all requirements set ers, or waste at a port 3 other than one forth therein and such additional re- in the North, in California, or on the quirements in this subpart as are in Mexican Border shall also specify terms applicable thereto. Failure to whether the commodity is compressed comply with any such requirement will to high density. be deemed to invalidate the permit. (c) Applications for permits may be Permits may also be cancelled or may made orally or on forms provided for be refused as provided in § 319.8–3, or the purpose by the Plant Protection entry denied as provided in §§ 319.8–11, and Quarantine Programs, or may be 319.8–12, and § 319.8–13. made by a letter or telegram con- (g) If through no fault of the im- taining all the information required by this section. porter a shipment of cotton or covers (d) Upon receipt and approval of such arrives at a United States port in ad- application by the Plant Protection vance of the issuance of a permit, it and Quarantine Programs, an indi- may be held, under suitable safeguards vidual or continuing permit will be prescribed by the inspector at the port, in Customs custody at the risk of the 2 Applications for permits should be made importer, pending issuance of a permit, to Plant Importations Branch, Plant Protec- for a period not exceeding 20 days. tion and Quarantine Programs, 209 River (h) Pending development of adequate Street, Hoboken, N.J. 07030. treating facilities in Guam, any cotton 3 Including ports in Guam, Hawaii, Puerto or covers that are subject to treatment Rico, and the Virgin Islands of the United States. as a condition of entry therein must

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first be entered and treated in accord- § 319.8–5 Marking of containers. ance with the requirements of this sub- Every bale or other container of cot- part at a U.S. port of arrival where ton lint, linters, waste, or covers im- such treating facilities are available. ported or offered for entry shall be (Approved by the Office of Management and plainly marked or tagged with a bale Budget under control number 0579–0049) number or other mark to distinguish it [24 FR 10788, Dec. 29, 1959, as amended at 48 from other bales or containers of simi- FR 57466, Dec. 30, 1983] lar material. Bales of lint, linters, and waste from approved areas of Mexico, § 319.8–3 Refusal and cancellation of the West Coast of Mexico, or Northwest permits. Mexico shall be tagged or otherwise (a) Permits for entry from the West marked to show the gin or mill of ori- Coast of Mexico, as authorized in gin unless they are immediately ex- § 319.8–12 of lint, linters, waste, cotton- ported. seed, and cottonseed hulls may be re- (Approved by the Office of Management and fused and existing permits cancelled by Budget under control number 0579–0049) the Deputy Administrator if he has de- termined that the pink bollworm is [27 FR 5389, June 7, 1962, as amended at 48 FR present in the West Coast of Mexico or 57466, Dec. 30, 1983] in Northwest Mexico, or that other conditions exist therein that would in- § 319.8–6 Cottonseed cake and cotton- crease the hazard of pest introduction seed meal. into the United States. Entry of cottonseed cake and cotton- (b) Permits for entry from Northwest seed meal will be authorized through Mexico as authorized in § 319.8–13 of any port at which the services of an in- lint, linters, waste, cottonseed, cotton- spector are available, subject to exam- seed hulls, and covers that have been ination by an inspector for freedom used for cotton, may be refused and ex- from contamination. If found to be free isting permits cancelled by the Deputy of contamination, importations of such Administrator if he has determined cottonseed cake and cottonseed meal that the pink bollworm is present in will be released from further plant Northwest Mexico or in the West Coast quarantine entry restrictions. If found of Mexico, or that other conditions to be contaminated such importations exist therein that would increase the will be refused entry or subjected as a hazard of pest introduction into the condition of entry to such safeguards United States. as the inspector may prescribe, accord- [27 FR 5389, June 7, 1962, as amended at 36 FR ing to a method selected by him from 24917, Dec. 24, 1971] administratively authorized procedures known to be effective under the condi- § 319.8–4 Notice of arrival. tions under which the safeguards are Immediately upon arrival at a port of applied. entry of any shipment of cotton or cov- ers the importer shall submit in dupli- § 319.8–7 Processed lint, linters, and cate, through the United States Col- waste. lector of Customs, or, in the case of Entry of lint, linters, and waste will Guam, through the Customs officer of be authorized without treatment but the Government of Guam, and for the upon compliance with other applicable Plant Protection and Quarantine Pro- requirements of this subpart when the grams, a notice of such arrival, on a inspector can determine that such lint, form provided for that purpose (Form linters, and waste have been so proc- PQ–368) and shall give such informa- essed by bleaching, dyeing, or other tion as is called for by that form. means, as to have removed all cotton- (Approved by the Office of Management and seed or to have destroyed all insect Budget under control number 0579–0049) life. [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]

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§ 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; pressed to high density, will be author- (iii) Inspectors of the Plant Protec- ized subject to vacuum fumigation by tion and Quarantine Programs will approved methods at any port where have access to the mill or plant at any approved fumigation facilities are reasonable time to observe the meth- available. ods of handling the material, the dis- (ii) Importations of such lint, linters, posal of refuse, residues, waste, and and waste, arriving at a northern port covers, and otherwise to check compli- where there are no approved fumiga- ance with the terms of the agreement; tion facilities may be entered for (iv) Such reports of the receipt and transportation in bond to another utilization of the material, and dis- northern port where such facilities are posal of waste therefrom as may be re- available, for the required vacuum fu- quired by the inspector will be sub- migation. mitted to him promptly; (iii) Such lint, linters, and waste (v) Such other requirements as may compressed to high density arriving at be necessary in the opinion of the Dep- a port in the State of California where there are no approved fumigation fa- uty Administrator of the Plant Protec- cilities may be entered for immediate tion and Quarantine Programs to as- transportation in bond via an all-water sure retention of the material, includ- route if available, otherwise by over- ing all wastes and residues, at the mill land transportation in van-type trucks or plant and its processing, utilization or box cars after approved surface or disposal in a manner that will elimi- treatment, or under such other condi- nate all pest risk, will be complied tions as may be deemed necessary and with. are prescribed by the inspector to (a) (3) Failure to comply with any of the any port where approved fumigation fa- conditions of an agreement specified in cilities are available, there to receive paragraph (a)(2) of this section may be the required vacuum fumigation before cause for immediate cancellation of release, or (b) to an approved mill or the agreement by the inspector and re- plant for utilization. fusal to release, without vacuum fumi- (2) Entry of lint, linters, and waste gation, lint, linters, and waste for compressed to high density, will be au- transportation to the mill or plant. thorized without vacuum fumigation at (4) Agreements specified in paragraph any northern port, subject to move- (a)(2) of this section may be executed ment to an approved mill or plant, the only with owners or operators of mills owner or operator of which has exe- or plants located in States in which cuted an agreement with the Plant cotton is not grown commercially and Protection and Quarantine Programs at locations in such other States as to the effect that, in consideration of may be administratively designated by the waiving, of vacuum fumigation as a the Deputy Administrator of the Plant condition of entry and the substitution Protection and Quarantine Programs of approved utilization therefor: (i) The lint, linters, and waste so en- after due consideration of possible pest tered will be processed or manufac- risk involved and the proximity of tured at the mill or plant and until so growing cotton. used will be retained thereat, unless (b) Uncompressed or compressed. (1)(i) written authority is granted by the Entry of uncompressed or compressed Plant Protection and Quarantine Pro- lint, linters, and waste will be author- grams to move the material to another ized, subject to vacuum fumigation by mill or plant; approved methods, through any north- (ii) Sanitary measures satisfactory to ern port, through any port in the State the Plant Protection and Quarantine of California, and through any port on Programs will be taken with respect to the Mexican Border, where approved the collection and disposal of any fumigation facilities are available. waste, residues, and covers, including (ii) Importations of such lint, linters, the collection and disposal of refuse and waste arriving at a northern port

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where there are no approved fumiga- § 319.8–9 Hull fiber and gin trash. tion facilities may be entered for im- (a) Entry of hull fiber will be author- mediate transportation in bond to an- ized under the same conditions as are other northern port where such facili- applicable to waste under this subpart. ties are available, for the required vac- (b) Gin trash may be imported only uum fumigation. under the provisions of § 319.8–20. (iii) Compressed lint, linters, and waste arriving at a port in the State of [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962] California where there are no approved fumigation facilities may be entered § 319.8–10 Covers. for immediate transportation in bond (a) Entry of covers (including bags, by an all-water route if available, oth- slit bags, and parts of bags) which have erwise by overland transportation in been used as containers for cotton van-type trucks or box cars after ap- grown or processed in countries other proved surface treatment, or under than the United States may be author- such other conditions as may be ized either (1) through a Mexican bor- deemed necessary and are prescribed by der port named in the permit for vacu- the inspector, to any port in California um fumigation by an approved method or any northern port where approved in that part of the United States with- fumigation facilities are available, in the generally infested pink there to receive the required vacuum bollworm regulated area; or (2) through fumigation before release, or to any a northern port or a port in the State northern port for movement to an ap- of California subject to vacuum fumi- proved mill or plant for utilization. gation by an approved method or with- (iv) Uncompressed lint, linters, and out vacuum fumigation when the cov- waste arriving at a port in the State of ers are to be moved to an approved mill California where there are no approved or plant for utilization. When such cov- fumigation facilities may be entered ers are forwarded from a northern port for immediate transportation in bond to a mill or plant in California for uti- by an all-water route to any port in lization, or from a California port to California or any northern port where another California or northern port for vacuum fumigation thereat or for approved fumigation facilities are movement to a mill or plant for utili- available, there to receive the required zation such movement shall be made vacuum fumigation before release, or by an all-water route unless the bales to a northern port for movement to an are compressed to a density of 20 approved mill or plant for utilization. pounds or more per cubic foot in which (2) Entry without vacuum fumigation case the bales may be moved overland will be authorized for compressed lint, in van-type trucks or box cars if all- linters, and waste, and for water transportation is not available. uncompressed waste derived from cot- Such overland movement may be made ton milled in countries that do not only after approved surface treatment produce cotton, 4 arriving at a northern or under such other conditions as may port, subject to movement to an ap- be deemed necessary and are prescribed proved mill or plant. by the inspector. When such covers ar- rive at a port other than a northern, [24 FR 10788, Dec. 29, 1959, as amended at 27 California, or Mexican border port they FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, will be required to be transported 1971] therefrom immediately in bond by an all-water route to a northern or Cali- 4For the purposes of this subpart the fol- fornia port where approved vacuum fu- lowing countries are considered to be those migation facilities are available for in which cotton is not produced: Austria, vacuum fumigation thereat by an ap- Belgium, Canada, Denmark, Republic of Ire- land (Eire), Finland, France, Germany (both proved method or for forwarding there- East and West), Great Britain and Northern from to an approved mill or plant for Ireland (United Kingdom), Iceland, Liech- utilization. tenstein, Luxembourg, Netherlands, Norway, (b) American cotton bagging, com- Portugal, Sweden, and Switzerland. monly known as coarse gunny, which

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has been used to cover only cotton without permit other than the author- grown or processed in the United ization provided in this paragraph and States, may be authorized entry at any without other restriction under this port under permit and upon compliance subpart upon presentation to an in- with §§ 319.8–4 and 319.8–5, without fu- spector of satisfactory evidence that migation or other treatment. Marking they have been used only for grains ex- patches of the finer burlaps or other ported from the United States and are fabrics when attached to bales of such being returned empty without use bagging may be disregarded if, in the abroad and that while abroad they judgment of the inspector, they do not have been handled in a manner to pre- present a risk of carrying live pink vent their contamination. bollworms, golden nematode cysts or (e) When upon arrival at a port of flag smut spores. entry any shipment of bags, slit bags, (c) Bags, slit bags, parts of bags, and parts of bags, or other covers, is found other covers which have been used as to include one or more bales containing containers for root crops or are of a material the importation of which is kind ordinarily used as containers for regulated by paragraph (a), (c), or (d) of root crops may be authorized entry this section, the entire shipment, or subject to immediate treatment in any portion thereof, may be required such manner and according to such by the inspector to be treated as speci- method as the inspector may select fied in the applicable paragraph. from administratively authorized pro- (f) If upon their arrival at a port of cedures known to be effective under entry covers are classified by the in- the conditions under which the treat- spector as coming within more than ment is applied, and subject to any ad- one paragraph of this section, they will ditional safeguard measures that may be authorized entry only upon compli- be prescribed by the inspector pursuant ance with such requirements of the ap- to § 319.8–24, or that he may prescribe in plicable paragraphs as the inspector regard to the manner of discharge from may deem necessary to prevent the in- the carrier and conveyance to the place troduction of plant diseases and insect of treatment: Provided, That such cov- pests. ers may be authorized entry from Can- (g) Notwithstanding the provisions of ada without treatment as prescribed in any other paragraph of this section the this paragraph unless the covers are entry from any country of bags, slit found to be contaminated. bags, parts of bags, and other covers (d) Bags, slit bags, parts of bags, and will be authorized without treatment other covers that have been used as but upon compliance with other appli- containers for wheat or wheat products cable sections of this subpart if the in- that have not been so processed as to spector finds that they have obviously have destroyed all flag smut disease not been used in a manner that would spores, or that have been used as con- contaminate them or when in the in- tainers for field seeds separated from spector’s opinion there is otherwise no wheat during the process of screening, plant pest risk associated with their and which arrive from a country named entry. in § 319.59–2(a)(2) of this part, if in- tended for reuse in this country as [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, grain containers may be authorized 1971; 63 FR 31101, June 8, 1998] entry, subject to immediate treatment at the port of arrival. If such covers are SPECIAL CONDITIONS FOR THE ENTRY OF not intended to be reused in this coun- COTTON AND COVERS FROM MEXICO try as grain containers their entry may be authorized subject to movement for SOURCE: Sections 319.8–11 through 319.8–14 utilization to an approved mill or plant appear at 27 FR 5309, June 7, 1962, unless oth- the owner or operator of which has exe- erwise noted. cuted an appropriate agreement with the Plant Protection and Quarantine § 319.8–11 From approved areas of Programs similar to that described in Mexico. § 319.8–8(a)(2). Covers coming within (a) Entry of lint, linters, and waste this paragraph only, may be entered (including gin and oil mill wastes)

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which were derived from cotton grown (b) Uncompressed lint and linters for in, and which were produced and han- movement into the generally infested dled only in approved areas of Mexico 5 pink bollworm regulated area, move- may be authorized through Mexican ment thereafter to be in accordance Border ports in Texas named in the with § 301.52 of this chapter. permits (c) Compressed or uncompressed cot- (1) For movement into the generally ton waste for movement under bond to infested pink bollworm regulated area Fabens, Texas, for vacuum fumigation such products becoming subject imme- after which it will be released from fur- diately upon release by the inspector ther plant quarantine entry require- to the requirements, in § 301.52 of this ments. chapter, applicable to like products (d) Cottonseed when certified by an originating in the pink bollworm regu- inspector as having been treated, lated area, or stored, and transported in a manner (2) For movement to an approved satisfactory to the Deputy Adminis- mill or plant for utilization, or trator. (3) For movement to New Orleans for (e) Untreated, non-certified cotton- immediate vacuum fumigation. seed contained in new bags for move- (b) Entry of cottonseed or cottonseed ment by special manifest to any des- hulls in bulk, or in covers that are new tination in the generally infested pink or which have not been used previously to contain cotton or unmanufactured bollworm regulated area, movement cotton products, may be authorized thereafter to be in accordance with through Mexican Border ports in Texas § 301.52 of this chapter. named in the permits, for movement (f) Cottonseed hulls when certified by into the generally infested pink an inspector as having been treated, bollworm regulated area when certified stored, and transported in a manner by an inspector as having been pro- satisfactory to the Deputy Adminis- duced in an approved area and handled trator. subsequently in a manner satisfactory (g) Any cotton products for move- to the inspector. Upon arrival in the ment through Mexican border ports in generally infested pink bollworm regu- Texas directly into the generally in- lated area such cottonseed or cotton- fested pink bollworm regulated area, seed hulls will be released from further movement thereafter to be in accord- plant quarantine entry requirements ance with § 301.52 of this chapter. and shall become subject immediately to the requirements in § 301.52 of this [27 FR 5309, June 7, 1962, as amended at 36 FR chapter. 24917, Dec. 24, 1971] [27 FR 5309, June 7, 1962, as amended at 63 FR § 319.8–13 From Northwest Mexico. 31101, June 8, 1998] Contingent upon continued freedom § 319.8–12 From the West Coast of Mex- of Northwest Mexico and of the West ico. Coast of Mexico from infestations of the pink bollworm and other plant pest Contingent upon continued freedom of the West Coast of Mexico and of conditions that would increase risk of Northwest Mexico from infestations of pest introduction into the United the pink bollworm, entry of the fol- States with importations authorized lowing products may be authorized under this section, entry of the fol- under permit subject to inspection to lowing products may be authorized determine freedom from hazardous under permit subject to inspection plant pest conditions: upon arrival to determine freedom (a) Compressed lint and linters. from hazardous plant pest conditions: (a) Lint, linters, and waste. 5 See § 319.8–1(p) for definition of ‘‘Approved (b) Cottonseed. areas of Mexico.’’ These are within that part (c) Cottonseed hulls. of Mexico not included in the ‘‘West Coast of (d) Covers that have been used for Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ cotton only. (§ 319.8–1(r)).

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§ 319.8–14 Mexican cotton and covers (c) Entry under permit of lint, lint- not otherwise enterable. ers, or waste compressed to high den- Mexican cotton and covers not sity will be authorized for purposes of enterable under § 319.8–11, § 319.8–12, or storage in the north pending expor- § 319.8–13 may be entered in accordance tation, fumigation, or utilization in an with §§ 319.8–6 through 319.8–10 and approved mill or plant provided the §§ 319.8–16 through 319.8–20 insofar as owner or operator of such proposed said sections are applicable. storage place has executed an agree- ment with the Plant Protection and MISCELLANEOUS PROVISIONS Quarantine Programs similar to those required for mills or plants to utilize § 319.8–16 Importation into United lint, linters, and waste as specified in States of cotton and covers ex- § 319.8–8(a)(2), and provided further that ported therefrom. (1) Inspectors are available to super- (a) Cotton and covers grown, pro- vise the storage, duced, or handled in the United States (2) The bales of material to be stored and exported therefrom, and in the are free from surface contamination, original bales or other containers in (3) The material is kept segregated which such material was exported from other cotton and covers in a man- therefrom, may be imported into the ner satisfactory to the inspector, and United States at any port under per- (4) The waste is collected and dis- mit, without vacuum fumigation or posed of in a manner satisfactory to other treatment or restriction as to the inspector. utilization, upon compliance with (d) Except as provided in § 319.8– §§ 319.8–2, 319.8–4, and § 319.8–5, and upon 23(a)(4), compressed lint, linters, and the submission of evidence satisfactory waste, uncompressed waste derived to the inspector that such material was from cotton milled in a non-cotton- 6 grown, produced, or handled in the producing country, and covers, arriv- United States and does not constitute ing at a port in the north for entry for a risk of introducing the pink exportation, vacuum fumigation, or bollworm into the United States. utilization in accordance with the re- quirements in this subpart, may be al- (b) Cotton and covers of foreign ori- lowed movement in Customs custody gin imported into the United States in for storage at a point in the north accordance with this subpart and ex- pending such exportation, or move- ported therefrom, when in the original ment to an approved mill or plant for bales or other original containers, may vacuum fumigation or utilization, be reimported into the United States when there are inspectors available to under the conditions specified in para- supervise such storage, if the bales are graph (a) of this section. free of surface contamination, if they § 319.8–17 Importation for exportation, are kept segregated from other cotton and importation for transportation and covers in a manner satisfactory to and exportation; storage. the inspector, and if waste is collected (a) Importation of cotton and covers and disposed of in a manner satisfac- for exportation, or for transportation tory to the inspector. Such lint, lint- and exportation, in accordance with ers, waste, and covers shall remain this subpart shall also be subject to under Customs custody until released §§ 352.1 through 352.8 of this chapter, as by the inspector. amended. (e) Importation of lint, linters, and (b) Importation at northern ports of waste from Mexico for transportation unfumigated lint, linters, waste, cot- and exportation will be authorized tonseed cake, cottonseed meal and cov- ers used only for cotton, for expor- 6 For the purposes of this subpart the fol- tation or for transportation and expor- lowing countries are considered as non-cot- tation through another northern port, ton-producing countries: Austria, Belgium, Canada, Denmark, Eire, Finland, France, may be authorized by the inspector Germany, Great Britain (United Kingdom), under permit if, in his judgment, such Iceland, Liechtenstein, Luxembourg, Nether- procedures can be authorized without lands, Norway, Portugal, Sweden and Swit- risk of introducing the pink bollworm. zerland.

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under permit if such material is com- scientific purposes may be authorized pressed before, or immediately upon through such ports as may be named in entering into the United States, or is the permit, and shall be subject to such compressed while en route to the port special conditions as shall be set forth of export at a compress specifically au- in the permit to provide adequate safe- thorized in the permit. The ports of ex- guards against pest entry. port which may be named in the permit shall be limited to those that have § 319.8–20 Importations by the Depart- been administratively approved for ment of Agriculture. such exportation. Storage of such com- Cotton and covers may be imported pressed cotton may be authorized, in by the Department of Agriculture for approved bonded warehouses in Texas. experimental or scientific purposes (f) Entry of uncompressed lint, lint- under such conditions as may be pre- ers, and waste from Mexico may be au- scribed by the Deputy Administrator of thorized at ports named in the permit the Plant Protection and Quarantine for exportation at ports within the gen- Programs, which conditions may in- erally infested pink bollworm regu- clude clearance through the New Crops lated area or for transportation and ex- Research Branch of the Plant Science portation via rail to Canada under such Research Division, Agricultural Re- conditions and over such routes as may search Services. be specified in the permit. § 319.8–21 Release of cotton and covers [24 FR 10788, Dec. 29, 1959, as amended at 27 after 18 months’ storage. FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998] Cotton and covers, the entry of which has been authorized subject to vacuum § 319.8–18 Samples. fumigation or other treatment because (a) Samples of lint, linters, waste, of the pink bollworm only, and which cottonseed cake, and cottonseed meal have not received such treatment but may be entered without further permit have been stored for a period of 18 other than the authorization contained months or more will be released from in this section, but subject to inspec- further plant quarantine entry restric- tion and such treatment as the inspec- tions. tor may deem necessary. Samples § 319.8–22 Ports of entry or export. which represent either such products of United States origin or such products When ports of entry or export are not imported into the United States in ac- specifically designated in this subpart cordance with the requirements of this but are left to the judgment of the in- subpart, and which were exported from spector, the inspector shall designate the United States, may be entered into only such ports as have been adminis- the United States without inspection tratively approved for such entry or ex- when the inspector is satisfied as to port. the identity of the samples. (b) Samples of cottonseed or seed cot- § 319.8–23 Treatment. ton may be entered subject to the con- (a)(1) Vacuum fumigation as required ditions and requirements provided in in this subpart shall consist of fumiga- §§ 319.8–2, 319.8–4, and 319.8–19. tion, in a vacuum fumigation plant ap- (c) Bales or other containers of cot- proved by the Deputy Administrator of ton shall not be broken or opened for the Plant Protection and Quarantine sampling and samples shall not be Programs, under the supervision of an 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

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cleaned up and disposed of in a manner the services of the inspector during his satisfactory to the inspector; and upon regular tour of duty and at the usual the maintenance at the plant of condi- place of duty, shall be borne by the im- tions satisfactory to the inspector. porter or his agent. (2) After cotton and covers have been vacuum fumigated they shall be so § 319.8–25 Costs and charges. marked under the supervision of an in- The services of the inspector during spector. Such material may thereafter regularly assigned hours of duty and at be distributed, forwarded, or shipped the usual places of duty shall be fur- without further plant quarantine entry nished without cost to the importer. restriction. The Plant Protection and Quarantine (3) Cotton and covers held by an im- Programs will not assume responsi- porter for vacuum fumigation must be bility for any costs or charges, other stored under conditions satisfactory to than those indicated in this section, in the inspector. connection with the entry, inspection, (4) Prompt vacuum fumigation of treatment, conditioning, storage, for- cotton and covers (other than high den- warding, or any other operation of any sity cotton free of surface contamina- character incidental to the physical tion) will be required at non-northern entry of an importation of a restricted ports. Similar prompt vacuum fumiga- material. tion will be required at Norfolk, Vir- ginia, during the period June 15 to Oc- § 319.8–26 Material refused entry. tober 15 of each year, except for covers Any material refused entry for non- which have been used to contain only compliance with the requirements of lint, linters, or waste, and the bales of this subpart shall be promptly removed which are compressed to a density of 28 from the United States or abandoned or more pounds per cubic foot and are by the importer for destruction, and free of surface contamination. pending such action shall be subject to (b) An inspector may authorize the the immediate application of such safe- substitution of processing, utilization, guards against escape of plant pests as or other form of treatment for vacuum the inspector may prescribe. If such fumigation when in his opinion such material is not promptly safeguarded other treatment, selected by him from by the importer, removed from the administratively authorized proce- United States, or abandoned for de- dures, will be effective in eliminating struction to the satisfaction of the in- infestation of the pink bollworm. spector it may be seized, destroyed, or otherwise disposed of in accordance § 319.8–24 Collection and disposal of waste. with sections 414 and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731). (a) Importers shall handle imported, Neither the Department of Agriculture unfumigated cotton and covers in a nor the inspector will be responsible manner to avoid waste. If waste does for any costs accruing for demurrage, occur, the importer or his agent shall shipping charges, cartage, labor, collect and dispose of such waste in a chemicals, or other expenses incidental manner satisfactory to the inspector. to the safeguarding or disposal of ma- (b) If, in the judgment of an inspec- terial refused entry by the inspector, tor, it is necessary as a safeguard nor will the Department of Agriculture against risk of pest dispersal to clean or the inspector assume responsibility railway cars, lighters, trucks, and for the value of material destroyed. other vehicles and vessels used for transporting such cotton or covers, or [24 FR 10788, Dec. 29, 1959, as amended at 66 to clean piers, warehouses, fumigation FR 21055, Apr. 27, 2001] plants, mills, or other premises used in connection with importation of such Subpart—Sugarcane cotton or covers, the importer or his agent shall perform such cleaning, in a § 319.15 Notice of quarantine. manner satisfactory to the inspector. (a) The importation into the United (c) All costs incident to such collec- States of sugarcane and its related tion, disposal, and cleaning other than products, including cuttings, canes,

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, and bagasse, from all foreign Toddalioideae of the botanical family countries and localities is prohibited, Rutaceae is prohibited, except as pro- except for importations by the U.S. De- vided in paragraphs (b), (c), and (d) of partment of Agriculture for scientific this section. or experimental purposes and importa- (b) Plants or plant parts of all gen- tions authorized under a permit issued era, species, and varieties of the sub- by the Department specifying condi- families Aurantioideae, Rutoideae, and tions under which the materials have Toddalioideae of the botanical family been or are to be subjected to mitigate Rutaceae may be imported into the any pest risk. United States for experimental or sci- (b) As used in this subpart, unless the entific purposes in accordance with context otherwise requires, the term conditions prescribed by the Adminis- ‘‘United States’’ means the States, the trator, Animal and Plant Health In- District of Columbia, Guam, Puerto spection Service, United States Depart- Rico, and the Virgin Islands of the ment of Agriculture. United States. (c) Plants or plant parts of all gen- [24 FR 10788, Dec. 29, 1959, as amended at 66 era, species, and varieties of the sub- FR 21055, Apr. 27, 2001] families Aurantioideae, Rutoideae, and Toddalioideae of the botanical family § 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 sugarcane products. (d) Plants or plant parts of all gen- 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 is available to the inspector the essen- context otherwise requires, the term tial information normally supplied by ‘‘United States’’ means the continental the importer at the time of importa- United States, Guam, Hawaii, Puerto tion. Inspection of such importations Rico, and the Virgin Islands of the may be made under the general author- United States. ity of § 330.105(a) of this chapter. If an [24 FR 10788, Dec. 29, 1959, as amended at 60 importation is found infected, infested, FR 27674, May 25, 1995] or contaminated with any plant pest and is not subject to disposal under Subpart—Corn Diseases this part, disposition may be made in accordance with § 330.106 of this chap- QUARANTINE ter. § 319.24 Notice of quarantine. Subpart—Citrus Canker and Other (a) The fact has been determined by Citrus Diseases the Secretary of Agriculture, and no- tice is hereby given, that maize or In- § 319.19 Notice of quarantine. dian corn (Zea mays L.) and closely re- (a) In order to prevent the introduc- lated plants are subject to certain inju- tion into the United States of the cit- rious diseases, especially Peronospora rus canker disease (Xanthomonas citri maydis Raciborski, Sclerospora (Hasse) Dowson) and other citrus dis- sacchari Miyake and other downy mil- eases, the importation into the United dews; also the Physoderma diseases of States of plants or any plant part, ex- maize, Physoderma zeae-maydis Shaw, cept fruit and seeds, of all genera, spe- and Physoderma maydis Miyake, new cies, and varieties of the subfamilies to and not heretofore widely prevalent Aurantioideae, Rutoideae, and or distributed within and throughout

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the United States, and that these dis- other source. Section 319.24–5 shall not eases occur in southeastern (in- be applicable to importations of corn cluding , Siam, Indo-China and into Guam. Such importations shall be China), Malayan Archipelago, Aus- subject to inspection at the port of tralia, Oceania, Philippine Islands, entry. Corn found upon inspection to Formosa, Japan, and adjacent islands. contain disease infection will be sub- (b) Except as otherwise provided in ject to sterilization in accordance with this subpart, the importation into the methods selected by the inspector from United States of raw or unmanufac- administratively authorized procedures tured corn seed and all other portions known to be effective under the condi- of Indian corn or maize and related tions in which applied. plants, including all species of teosinte (Euchlaena), jobs-tears (Coix), , REGULATIONS GOVERNING ENTRY OF Chionachne, and Sclerachne, from south- INDIAN CORN OR MAIZE eastern Asia (including India, Indo- china, and the People’s Republic of § 319.24–1 Applications for permits for China), Malayan Archipelago, Aus- importation of corn. tralia, New Zealand, Oceania, Phil- ippine Islands, Manchuria, Japan, and Persons contemplating the importa- adjacent islands is prohibited. How- tion of corn into the United States ever, this prohibition does not apply to shall, before shipping the corn, make importations of such items by the U.S. application for a permit, on forms pro- Department of Agriculture for sci- vided for that purpose, to the Deputy entific or experimental purposes. And Administrator of the Plant Protection further, when the public interests will and Quarantine Programs, Department permit, the Deputy Administrator of of Agriculture, Washington, DC, stat- the Plant Protection and Quarantine ing the name and address of the ex- Programs may, upon request in specific porter, the country and locality where cases, authorize such importations into grown, the port of departure, the pro- Guam under conditions specified in the posed port of entry, and the name and permit that are less stringent than address of the importer or of the those contained in this subpart. broker in the United States to whom (c) As used in this subpart, unless the the permit should be sent. context otherwise requires, the term ‘‘United States’’ means the States, the (Approved by the Office of Management and District of Columbia, Guam, Puerto Budget under control number 0579–0049) Rico, and the Virgin Islands of the [24 FR 10788, Dec. 29, 1959, as amended at 48 United States. FR 57466, Dec. 30, 1983] (d) Seed of Indian corn or maize (Zea mays L.) that is free from the cob and § 319.24–2 Issuance of permits. from all other parts of corn may be im- (a) Upon receipt of an application and ported into the United States from upon approval by an inspector a permit New Zealand without further restric- will be issued specifying the conditions tion. of entry and the port of entry to carry [24 FR 10788, Dec. 29, 1959, as amended at 58 out the purposes of this subpart, and a FR 44745, Aug. 25, 1993; 66 FR 21055, Apr. 27, copy will be supplied to the importer. 2001] (b) Further permits may be refused § 319.24a Administrative instructions and existing permits revoked, if the ap- relating to entry of corn into Guam. plication therefor does not correctly Corn may be imported into Guam give the locality where the corn was without further permit, other than the grown, or is false or deceptive in any authorization contained in this section material particular. but subject to compliance with § 319.24– 3. Such imports need not comply with § 319.24–3 Marking as condition of the notice of arrival requirements of entry. § 319.24–4 inasmuch as information Every bag or other container of corn equivalent to that in a notice of arrival offered for entry shall be plainly is available to the inspector from an- marked with such numbers or marks as

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will make it easily possible to asso- or in an amount equal to the invoice ciate the bags or containers with a par- value of the corn if such value is less ticular importation. than $5,000, with approved sureties, and (Approved by the Office of Management and conditioned upon sterilization of the Budget under control number 0579–0049) corn under the supervision and the sat- isfaction of an inspector of the Plant [24 FR 10788, Dec. 29, 1959, as amended at 48 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 said customs official within 40 days permittee. 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 Subpart—Citrus Fruit the Plant Protection and Quarantine 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 of fruits of citrus and citrus relatives, other number of the permit, the number of than those specified in this subpart, is re- bags or other containers of corn in- stricted by the provisions of fruit and vege- cluded in the shipment, the bag or table quarantine No. 56 (§§ 319.56 to 319.56–8). other container numbers or marks, the country and locality where the corn § 319.28 Notice of quarantine. was grown, the name and address of the (a)(1) To prevent the introduction exporter or foreign shipper, the port of into the United States of citrus canker departure, the date of arrival, the disease Xanthomonas campestris pv. citri name of the ship or vessel, and the des- (Hasse) Dye, the importation of all ignation of the dock where the corn is fruits and peel of all genera, species, to be landed. and varieties of the subfamilies (Approved by the Office of Management and Aurantioideae, Rutoideae, and Budget under control number 0579–0049) Toddalioideae of the botanical family [24 FR 10788, Dec. 29, 1959, as amended at 48 Rutaceae from eastern and south- FR 57466, Dec. 30, 1983] eastern Asia (including India, Myanmar, Sri Lanka, Thailand, Indo- § 319.24–5 Condition of entry. china, and the People’s Republic of The corn shall not be removed from China); the Malay Archipelago; the the port of entry, nor shall any bag or Philippine Islands; Oceania (except other container thereof be broken or Australia and Tasmania); Japan and opened, except for the purpose of steri- adjacent islands; the Republic of lization, until a written notice is given Korea; ; Seychelles; Argen- to the United States Collector of Cus- tina (except for the States of toms, or, in the case of Guam, the Cus- Catamarca, Jujuy, Salta, and toms officer of the Government of Tucuman, which are considered free of Guam, by an inspector of the Plant citrus canker); Brazil; and Paraguay is Protection and Quarantine Programs, prohibited. that the corn has been properly steri- (2) To prevent the introduction into lized and released for entry without the United States of sweet orange scab further restrictions so far as the juris- (Elsinoe australis Bitanc. and Jenkins), diction of the Department of Agri- the importation of fruits and peel of all culture extends thereto. All apparatus species and varieties of the genus Cit- and methods for accomplishing such rus, including Citrus aurantifolia sterilization must be satisfactory to (Christm.) Swingle, C. aurantium L., C. the Plant Protection and Quarantine hystrix DC., C. limon (L.) Burm. f., C. Programs. Corn will be delivered to the paradisi Macf., C. reticulata Blanco, C. permittee for sterilization, upon the sinensis (L.) Osbeck, and Fortunella mar- filing with the appropriate customs of- garita (Lour.) Swingle, from Argentina ficial of a bond in the amount of $5,000, (except as provided by § 319.56–2f of this

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part), Brazil, Paraguay, and Uruguay is protection officers of both the country prohibited. of origin and the United States. (3) To prevent the introduction into (2) In Unshu orange export areas and the United States of the bacterial dis- buffer zones on Kyushu Island, Japan, ease ‘‘Cancrosis B,’’ the importation of trapping for the citrus fruit fly fruits and peel of all species and vari- (Bactrocera tsuneonis) must be con- eties of the genus Citrus, including ducted as prescribed by the Japanese those indicated in the previous para- Government’s Ministry of Agriculture, graph, is prohibited from Argentina Forestry and Fisheries and the U.S. (except for the States of Catamarca, Department of Agriculture. If fruit Jujuy, Salta, and Tucuman, which are flies are detected, then shipping will be considered free of Cancrosis B), Para- suspended from the export area until guay, and Uruguay. Seeds and proc- negative trapping shows the problem essed peel of fruits designated in this has been resolved. section are excluded from this prohibi- (3) Inspection of the Unshu oranges tion. Such seeds, however, are subject shall be performed jointly by plant pro- to the requirements of §§ 319.37 through tection officers of the country of origin 319.37–27. and the United States in the groves (b) The prohibition does not apply to prior to and during harvest, and in the Unshu oranges (Citrus reticulata Blanco packinghouses during packing oper- var. unshu, Swingle [Citrus unshiu ations. Marcovitch, Tanaka]), also known as (4) Before packing, such oranges shall Satsuma, grown in Japan or on Cheju be given a surface sterilization as pre- Island, Republic of Korea, and im- scribed by the U.S. Department of Ag- ported under permit into any area of riculture. the United States except for those (5) Each shipment of oranges grown areas specified in paragraph (b)(7) of on Honshu Island, Japan, must be fu- this section: Provided, that each of the migated with methyl bromide after following safeguards is fully carried harvest and prior to exportation to the out: United States. Fumigation must be at (1) The Unshu oranges must be grown the rate of 3 lbs./1,000 cu. ft. for 2 hours and packed in isolated, canker-free ex- at 59 °F or above at normal atmos- port areas established by the plant pro- pheric pressure (chamber only) with a tection service of the country of origin. load factor of 32 percent or below. Only Unshu orange trees may be grown (6) The identity of the fruit shall be in these areas, which must be kept free maintained in the following manner: of all citrus other than the propagative (i) The individual boxes in which the material of Unshu oranges. The export oranges are shipped must be stamped areas must be inspected and found free or printed with a statement specifying of citrus canker and prohibited plant the States into which the Unshu or- material by qualified plant protection anges may be imported, and from officers of both the country of origin which they are prohibited removal and the United States. The export under a Federal plant quarantine. areas must be surrounded by 400-meter- (ii) Each shipment of oranges handled wide buffer zones. The buffer zones in accordance with these procedures must be kept free of all citrus other shall be accompanied by a certificate than the following 10 varieties: Buntan of the plant protection service of the Hirado (Citrus grandis); Buntan Viet- country of origin certifying that the nam (C. grandis); Hassaku (C. hassaku); fruit is apparently free of citrus canker Hyuganatsu (C. tamurana); Kinkan disease. (Fortunella spp. non Fortunella hindsii); (7) The Unshu oranges may be im- Kiyomi tangor (hybrid); Orange Hyuga ported into the United States only (C. tamurana); Ponkan (C. reticulata); through a port of entry listed in Unshu (C. unshiu Marcovitch, Tanaka § 319.37–14, except as follows: [Citrus reticulata Blanco var. unshu, (i) Unshu oranges from Honshu Is- Swingle]); and (C. junos). The land, Japan, may not be imported into buffer zones must be inspected and American Samoa, the Northern Mar- found free of citrus canker and prohib- iana Islands, Puerto Rico, or the U.S. ited plant material by qualified plant Virgin Islands.

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(ii) Unshu oranges from Kyushu Is- lies to show that the permit was land, Japan (Prefectures of Fukuoka, wrongfully withdrawn. As promptly as Kumanmoto, Nagasaki, and Saga only), circumstances allow, the Deputy Ad- or Cheju Island, Republic of Korea, ministrator will grant or deny the ap- may not be imported into American peal, in writing, stating the reasons for Samoa, Arizona, California, Florida, the decision. A hearing will be held to Hawaii, Louisiana, the Northern Mar- resolve any conflict as to any material iana Islands, Puerto Rico, Texas, or the fact. Rules of practice concerning a U.S. Virgin Islands. hearing will be adopted by the Deputy (c) This prohibition shall not apply Administrator. to importations for experimental or (i) The term inspector means any em- scientific purposes by the U.S. Depart- ployee of Plant Protection and Quar- ment of Agriculture upon such condi- antine, Animal and Plant Health In- tions and under such requirements as spection Service, who is authorized by may be prescribed in permits that may the Deputy Administrator to enforce be issued by the Deputy Administrator the regulations in this subpart. of the Plant Protection and Quarantine Programs for such importations. [32 FR 7959, June 2, 1967, as amended at 36 FR (d) Further, this prohibition shall not 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, apply to importations into Guam of the 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, fruits and peel designated in paragraph Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR (a)(1) of this section. 39103, 39104, Aug. 1, 1995; 65 FR 37667, June 15, (e) Importations allowed in para- 2000; 66 FR 21055, Apr. 27, 2001; 67 FR 4876, graphs (b), (c), and (d) of this section Feb. 1, 2002] shall be subject to the permit and other requirements under the Fruits Subpart—Nursery Stock, Plants, and Vegetables Quarantine (§ 319.56). Roots, Bulbs, Seeds, and Other (f) All salary, travel, and subsistence Plant Products 1, 2 expenses incident to the assignment of personnel of the U.S. Department of Agriculture to such operations in the SOURCE: 45 FR 31585, May 13, 1980, as country of origin of the Unshu oranges amended at 60 FR 27674, May 25, 1995. shall be paid by those requesting the § 319.37 Prohibitions and restrictions service of such personnel. on importation; disposal of articles (g) The term United States means the refused importation. States, District of Columbia, American Samoa, Guam, the Northern Mariana (a) No person shall import or offer for Islands, Puerto Rico, and the Virgin Is- entry into the United States any pro- lands of the United States. hibited article, except as otherwise (h) Any permit that has been issued provided in § 319.37–2(c) of this subpart. for the importation of Unshu oranges No person shall import or offer for may be withdrawn by an inspector orally or in writing, if he or she deter- 1 The Plant Protection and Quarantine mines that the holder of the permit has Programs also enforces regulations promul- not complied with any of the condi- gated under the Endangered Species Act of tions in the regulations. The holder of 1973 (Pub. L. 93–205, as amended) which con- the permit shall be informed orally or tain additional prohibitions and restrictions on importation into the United States of ar- in writing of the reasons for the with- ticles subject to this subpart (See 50 CFR drawal. If the withdrawal is oral, the parts 17 and 23). decision and the reasons for the with- 2 One or more common names of articles drawal will be confirmed in writing as are given in parentheses after most scientific promptly as circumstances allow. Any names (when common names are known) for person whose permit has been with- the purpose of helping to identify the arti- drawn may appeal the decision in writ- cles represented by such scientific names; ing to the Deputy Administrator with- however, unless otherwise specified, a ref- erence to a scientific name includes all arti- in ten (10) days after receiving the cles within the category represented by the written notification of the withdrawal. scientific name regardless of whether the The appeal must state all of the facts common name or names are as comprehen- and reasons upon which the person re- sive in scope as the scientific name.

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entry into the United States any re- in his/her stead has been or may here- stricted article except in accordance after be delegated. with this subpart. Disease. The term in addition to its (b) The importer of any article denied common meaning, includes a disease entry for noncompliance with this sub- agent which incites a disease. part must, at the importer’s expense Earth. The softer matter composing and within the time specified in an part of the surface of the globe, in dis- emergency action notification (PPQ tinction from the firm rock, and in- Form 523), destroy, ship to a point out- cluding the soil and subsoil, as well as side the United States, or apply treat- finely divided rock and other soil for- ments or other safeguards to the arti- mation materials down to the rock cle, as prescribed by an inspector to layer. prevent the introduction into the Europe. The continent of Europe, the United States of plant pests. In choos- British Isles, Iceland, the Azores, and ing which action to order and in set- the islands in the Mediterranean Sea. ting the time limit for the action, the From. An article is considered to be inspector shall consider the degree of ‘‘from’’ any country or locality in pest risk presented by the plant pest which it was grown. Provided, That an associated with the article, whether article imported into Canada from an- the article is a host of the pest, the other country or locality shall be con- types of other host materials for the sidered as being solely from Canada if pest in or near the port, the climate it meets the following conditions: and season at the port in relation to (a) It is imported into the United the pest’s survival range, and the avail- States directly from Canada after hav- ability of treatment facilities for the ing been grown for at least 1 year in article. Canada, (c) No person shall remove any re- (b) It has never been grown in a coun- stricted article from the port of first try from which it would be a prohibited arrival unless and until a written no- article or grown in a country other tice is given to the collector of customs than Canada from which it would be by the inspector that the restricted ar- subject to conditions of § 319.37–5 (c), ticle has satisfied all requirements (d), (e), (f), (g), (h), (i), (j), (k), (l), or under this subpart. (m) of this subpart, or subject to condi- tions of § 319.37–6 of this subpart, [57 FR 43144, Sept. 18, 1992] (c) It was not grown in a country or locality from which it would be subject § 319.37–1 Definitions. to conditions of § 319.37–7 of this sub- Terms used in the singular form in part unless it was grown in Canada this subpart shall be construed as the under postentry growing conditions plural, and vice versa, as the case may equivalent to those specified in § 319.37– demand. The following terms, when 7 3 of this subpart, and used in this subpart, shall be con- (d) It was not imported into Canada strued, respectively, to mean: in growing media. Bulbs. The portion of a plant com- Indexing. A procedure for using plant monly known as a bulb, bulbil, bulblet, material or its extracts to determine corm, cormel, rhizome, tuber, or pip, the presence or absence of one or more and including fleshy roots or other un- pests in or on the tested plant mate- derground fleshy growths, a unit of rial. For the purposes of this subpart, which produces an individual plant. indexing is performed in foreign coun- Clean well water. Well water that does tries to test the parent stock of des- not contain plant pathogens or other ignated articles that must meet special plant pests. Deputy Administrator. The Deputy Ad- 3 Currently only Chaenomoles spp. (flow- ministrator of the Animal and Plant ering quince), Cydonia spp. (quince), Malus Health Inspection Service, U.S. Depart- spp. (apple, crabapple); Prunus spp. (almond, apricot, cherry, cherry laurel, English laurel, ment of Agriculture for the Plant Pro- nectarine, peach, plum, prune) and Pyrus spp. tection and Quarantine Programs, or (pear) are required under the laws of Canada any other officer or employee of the to be grown in Canada under such equivalent Department to whom authority to act conditions after importation.

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foreign inspection and certification re- ice of the United States (Plant Protec- quirements in accordance with § 319.37– tion and Quarantine Programs), which 5 to be eligible for importation into the contains a description of the restricted United States. The results of indexing article intended to be imported into tests are used by the plant protection the United States, which certifies that services of foreign countries to issue the article has been thoroughly in- phytosanitary certificates declaring spected, is believed to be free from in- plant articles free of specified diseases. jurious plant diseases, injurious insect The following indexing procedures are pests, and other plant pests, and is oth- authorized for use with the specified erwise believed to be eligible for impor- plant genera, if the procedures are per- tation pursuant to the current formed using protocols acceptable to phytosanitary laws and regulations of the plant protection service that issues the United States, and which contains phytosanitary certificates based on any specific additional declarations re- them: mechanical transmission of the quired under this subpart. pest to an indicator plant for Dianthus, Plant pest. The egg, pupal, and larval Malus, Prunus, Rubus, and Syringa; stages as well as any other living stage graft transmission of the pest to an in- of: Any , mites, nematodes, dicator plant for Chaenomeles, Cydonia, slugs, snails, protozoa, or other inver- Malus, Prunus, Pyrus, Rubus, and Sy- tebrate , bacteria, fungi, other ringa; serology for Dianthus, Malus, parasitic plants or reproductive parts Prunus, Pyrus, Rubus, and Syringa; elec- thereof, viruses, or any organisms tron microscopy for Dianthus and similar to or allied with any of the Prunus, and nucleic acid probes for foregoing, or any infectious substances, Chaenomeles, Cydonia, Malus, and which can directly or indirectly injure Pyrus. or cause disease or damage in any Inspector. Any employee of the Plant plants or parts thereof, or any proc- Protection and Quarantine Programs, essed, manufactured, or other products Animal and Plant Health Inspection of plants. Service, U.S. Department of Agri- Plant Protection and Quarantine Pro- culture, or other person, authorized by grams. The organizational unit with the the Deputy Administrator in accord- Animal and Plant Health Inspection ance with law to enforce the provisions Service, U.S. Department of Agri- of the regulations in this subpart. culture, delegated responsibility for Nursery stock. All field-grown florist’s enforcing provisions of the Plant Quar- stock, trees, shrubs, vines, cuttings, antine Act and related legislation, grafts, scions, buds, fruit pits, and quarantines, and regulations. other seeds of fruit and ornamental Port of first arrival. The land area trees or shrubs, and other plants and (such as a seaport, airport, or land bor- plant products for propagation, except der station) where a person, or a land, field, vegetable, and seeds, bed- water, or air vehicle, first arrives after ding plants, and other herbaceous entering the territory of the United plants, bulbs, and roots. States, and where inspection of articles Oceania. The islands of Micronesia, is carried out by inspectors. Melanesia, and Polynesia (except Ha- Potable water. Water which is ap- waii, Guam, and the Northern Mariana proved for drinking purposes by the na- Islands) in the central and southern tional or local health authority having Pacific Ocean. jurisdiction. Person. An individual, corporation, Prohibited article. Any nursery stock, company, society, or association. plant, root, bulb, seed, or other plant Phytosanitary certificate of inspection. product designated in § 319.37–2 (a) or A document relating to a restricted ar- (b), except wood articles regulated ticle, which is issued by a plant protec- under §§ 319.40–1 through 319.40–11, tion official of the country in which ‘‘Subpart—Logs, Lumber, and Other the restricted article was grown, which Unmanufactured Wood Articles.’’ is issued not more than 15 days prior to Restricted article. Any class of nursery shipment of the restricted article from stock or other class of plant, root, the country in which grown, which is bulb, seed, or other plant product, for addressed to the plant protection serv- or capable of propagation, excluding

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any prohibited articles listed in State Plant Regulatory Official. The of- § 319.37–2 (a) or (b) of this subpart, ex- ficial authorized by the State to sign cluding any articles subject to any re- agreements with Federal agencies in- stricted entry orders in 7 CFR part 321 volving operations of the State plant (i.e., potatoes), and excluding any arti- protection agency. cles regulated in 7 CFR 319.8 through United States. The States, District of 319.24 or 319.41 through 319.74–7. Columbia, Guam, Northern Mariana Is- Secretary. The Secretary of Agri- lands, Puerto Rico, and the Virgin Is- culture, or any other officer or em- lands of the United States. ployee of the Department of Agri- culture to whom authority to act in [45 FR 31585, May 13, 1980, as amended at 50 his/her stead has been or may hereafter FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, be delegated. 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, Soil. The loose surface material of the July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR earth in which plants, trees, and shrubs 27674, May 25, 1995; 63 FR 13484, Mar. 20, 1998; grow, in most cases consisting of dis- 66 FR 21055, Apr. 27, 2001] integrated rock with an admixture of organic material and soluble salts. § 319.37–2 Prohibited articles. Solanum spp. true seed. Seed produced (a) The following listed articles from by flowers of Solanum capable of germi- the designated countries and localities nating and producing new Solanum are prohibited articles and are prohib- plants, as distinguished from Solanum ited from being imported or offered for tubers, whole or cut, that are referred entry into the United States except as to as Solanum seeds or seed potatoes. provided in paragraph (c) of this sec- Spp. (species). All species, clones, tion. cultivars, strains, varieties, and hy- brids, of a genus.

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Acer ...... All ...... A divers articles are in- spp. (okra) ...... Africa ...... Cotton spp. (arikury palm) .... All ...... A dive Arachis spp. (Chinese goose- spp. (coyure, ruffle, and spp. (horsechestnut)spp...... Czechoslovakia, Federal Republic of Germany, Romania, spp ...... All ...... spp. (peanut) seed only spp. (althaea, hollyhock) Africa ...... spp. (sugarpalm) ...... All ...... spp. (acacia) ...... Australia and Oceania ...... spp ...... All ...... spp. (fir) ...... All except Canada ...... 5 spp. (maple) (except only if specifically mentioned) meeting the conditions for im- portation in § 319.37–5(m). palmatum and Acer japonicum berry, kiwi).. spine palm). cuttings). (all other cluded under Fabaceae). Prohibited article (includes seeds Abies Acacia Acer Abelmoschus Actinidia Adonidia Aesculus Aiphanes Allagoptera arenaria Althaea Bambuseae (seeds, plants, and Arachis Areca Arenga Arikuryroba Articles listed in § 319.37–2(b) ..... All except Canada ...... A div

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in Chaenomeles Uromyces gladioli Dryocosmus kuriphilus Bub. (rust), hibited article Uredo gladioli-buettneri Syd. (rust). ding but not limited to those listed for (M. Wils.) Hahn (Douglas fir canker). ding but not limited to: Lethal yellowing disease; Cadang- ding but not limited to: Lethal yellowing disease; Cadang- (Murrill) Barr (chestnut blight); Sibilia (Seedling disease). Doidge (rust), U. nyikensis Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). P. Henn. (white rust of chrysanthemum). (Thuem.) Wint. (rust). P. Henn. (rust). versity of diseases including but not limited to: Lethal yellowing disease; Cadang- cadang disease. cadang disease. Yasumatsu (gall wasp). § 319.37–5(b)(1). cadang disease. cadang disease. cadang disease. cadang disease. P. Henn. (rust), Plant pests existing in the places named and capable of being transported with pro- Puccinia graminis Puccinia graminis Puccinia graminis Cryphonectria parasitica Phacidiopycnis pseudotsuga Fusarium fuliginosporum Puccinia horiana A diversity of diseases including but not limited to: lethal yellowing disease; cadang- Puccinia mccleanii U. transversalis U. gladioli .. 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- East longitude. ° and 180 ° 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 § 319.37–5(g). All ...... All ...... All ...... A diversity of diseases inclu All ...... A diversity of diseases inclu Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All...... A diversity of diseases inclu All except from Jamaica or Costa Rica if meeting the condi- Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... Argentina, Uruguay ...... Cocos ...... Nigeria, Ivory Coast ...... Okra mosaic virus. spp. (butterfly spp. (chrysan- spp. (flowering (coconut) (includ- spp. (montebretia) ...... Africa ...... spp. (chestnut) ...... All ...... ). spp. (palmyra palm) ...... All ...... A di spp. (barberry) destined spp. (barberry) (plants of spp...... All ...... spp. (barberry) seed ...... All ...... spp. (fishtail palm) ...... All ...... spp. (other than spp. (cedar) ...... Europe ...... only if specifically mentioned) all species and horticultural vari- eties not designated as resist- ant to black stem rust in accord- ance with § 301.38–1 of this chapter). to an eradication State listed in § 301.38–2a of this chapter (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter). quince) not meeting the condi- tions for importation in § 319.37–5(b). palm). themum). nucifera ing seed) (Coconut seed with- out husk or without milk may be imported into the United States in accordance with § 319.56). Prohibited article (includes seeds Berberis Berberis Berberis Blighia sapida (akee) Borassus Caryota Castanea Cedrus Chaenomeles Chrysalidocarpus Chrysanthemum Cocos Cocos nucifera Corypha Crocosmia

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in § 319.37– Uromyces gladioli Cydonia Bub. (rust), limited to: African soybean dwarf agent, alfalfa (Brown) Dowson (Canker and dwarfing disease of Dietel. Uredo gladioli-buettneri Syd. (rust). saic virus. fraxini ding but not limited to: cotton leaf curl virus; vires- ding but not limited to: Lethal yellowing disease; Cadang- ding but not limited to those listed for 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). diseases including but not limited to: sweetpotato witches broom (little mosaic diseases. P. Henn. (rust). ty of diseases including but not limited to: Lethal yellowing disease; Cadang- 5(b)(1). enation virus, azuki bean mosaic golden cowpea mild mot- tle 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. cadang disease. cadang disease. ash). cadang disease. cence agent; small leaf virus. cadang disease. cadang disease. P. Henn. (rust), leaf); and sweetpotato viruses of eastern Africa. diversity of diseases including but not limited to: lethal yellowing disease; cadang- Euonymus Puccinia horiana Pestalotia disseminata Phytophthora fragariae Puccinia melanocephala Pseudomonas savastanoi A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Puccinia mccleanii U. transversalis U. gladioli Aecidium hydrangeae-paniculatea ... Datura Colombian virus...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- 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 ...... A diversity of diseases inclu India ...... Datura distortion or enation mo All except Canadaexcept All ...... A diversity of diseases including but not Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All except Canada ...... Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... Argentina, Uruguay ...... All ...... A diversity of diseases inclu Africa ...... Cotton leaf curl agent. Brazil ...... India Cotton anthocyanosis agent...... All Hibiscus leaf curl agent...... A diversity of diseases inclu spp. (chrysan- spp. (cotton, spp. (Princesspalm) All ...... A diversi spp. (eucalyptus) ...... Europe, Sri Lanka, and Uruguay ...... spp. (palm) ...... All ...... A spp. (euonymus) ...... Europe, Japan ...... spp. (jasmine) ...... Belgium, Federal Republic of Germany, Great Britain ...... Jasmine variegation diseases. spp. (strawberry) not spp. (kenaf, hibiscus, spp. (hydrangea) ...... Japan ...... spp. (plumegrass) ...... All ...... spp. (gladiolus) ...... Africa ...... spp. (sweetpotato) ...... All except Canada ...... A diversity of spp. (ash) ...... Europe ...... spp. (quince) not meeting spp. (llumepalm) ...... All ...... spp. (sentry palm) not spp ...... Colombia ...... spp. (oil palm) ...... All ...... the conditions for importation in § 319.37–5(b). baceous spp. only). themum). meeting the conditions for im- portation in § 319.37–5(h). cottontree). rose mallow). meeting the conditions in § 319.37–5(n). Cydonia Datura Fabaceae (=Leguminosae) (her- Dendranthema Euonymus Dictyosperma Fragaria Fraxinus Elaeis Erianthus Eucalyptus Gaussia Gladiolus Gossypium Hibiscus Hydragea Hyophorbe Ipomoea Howea Jasminum

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). Leptochloa articles are in- spp. (plants of all spp. destined to an spp. seed ...... All ...... spp. (sprangletop) Leersia . spp. (privet) ...... Europe ...... spp. (juniper) ...... Austria, Finland, and Romania ...... spp. (fan palm) ...... All ...... spp. (mahonia) (plants of spp. (cutgrass) seed only spp ...... All ...... spp. seed (lentil) ...... South America ...... spp. (larch)spp...... Provinces of New Brunswick and Nova Scotia in Canada, Eu- only if specifically mentioned) species and horticultural vari- eties not designated as resist- ant to black stem rust in accord- ance with § 301.38–1 of this chapter). eradication State listed in § 301.38–2(a) of this chapter (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § 301.38–1 of this chapter). articles are included under Poaceae) seed only (all other (all other cluded under all species and horticultural vari- eties not designated as resist- ant to black stem rust in accord- ance with § 301.38–1 of this chapter. Prohibited article (includes seeds Livistona Juniperus Ligustrum Mahoberberis Larix Mahoberberis Lens Leptochloa Latania Leersia Mahoberberis Mahonia

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(Day) Chester (Watermark disease). lies, or other injurious insects. ley yellow mosaic virus, barley striate brome streak virus, cereal chlorotic mosaic cocksfoot mild corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle Echinochloa rag- ged stunt virus, European aster yellows MLO, wheat striate mosaic Iranian maize mosaic virus, bushy stunt MLO, chlorotic mottle maize mosaic virus, 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. cadang disease. 5(b)(1). 5(b)(1). cadang disease. Plant pests existing in the places named and capable of being transported with pro- Xanthomonas populi Stereum hiugense Lachnellula willkommii Phacidiopycnis pseudotsuga Erwinia salicis .. 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- Foreign places from which prohibited rope, and Japan. Republic (East), Great Britain, and The Netherlands. All except Canadaexcept All ...... A wide diversity of plant diseases, inclu Europe ...... All ...... A diversity of diseases inclu All ...... Plum pox (Sharka) virus. All ...... A diversity of diseases inclu ) not meeting spp. (Douglas fir) .... Europe ...... Cerasus spp. (golden larch)(golden spp. .... Provinces of New Brunswick and Nova Scotia in Canada, Eu- spp ...... All ...... (vegetative parts of all spp. (palm) ...... All ...... spp. (almond, apricot, spp. (oak) ...... Japan ...... spp. (aspen, cottonwood, spp. seed only (almond, spp. (pear) not meeting the spp. (currant, gooseberry) .. Europe and New Zealand ...... Black currant revers spp. (rose) ...... Australia, Bulgaria, Italy, and New Zealand ...... Rose wilt virus. spp. (willow)spp...... Federal Republic of Germany (West), German Democratic only if specifically mentioned) grains and grasses, except spe- cies of Bambuseae). poplar). cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the condi- tions for importation in § 319.37–5(b). apricot, nectarine, peach, plum, and prune, but not species in subgenus the conditions for importation in § 319.37–5(j). conditions for importation in § 319.37–5(b). Prohibited article (includes seeds Poaceae Populus Pritchardia Prunus Prunus Pseudotsuga Pseudolarix Quercus Ravenea Pyrus Ribes Rosa Salix Seeds of all kinds when in pulp ... All except Canada ...... Fruit f

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Crinipellis in § 319.37– (Snellen) (cocoa Vitis Uromyces gladioli Ceratocystis fimbriata Talbot and Keane (vascular Bub. (rust), Monilia roreri—Moniliophthora Tabor and Bunting (mealy pod Acrocercops cramella aic disease. (Ishiyama) Dye. Uredo gladioli-buettneri Oncobasidum theobromae (watery pod rot), cocoa isolates of Syd. (rust). spp. beetles and oryzae ding but not limited to those specified for Trachysphaera fructigena pv. et al. Xyleborus Doidge (rust), U. nyikensis (Thuem.) Wint. (rust). (Stahel) Singer (witches broom fungus), P. Henn. (rust). ity of diseases including but not limited to: Lethal yellowing disease; Cadang- (CiF.) H.C. Evans iversity of diseases and pests including but not limited to: cocoa swollen shoot virus, dulcamara mottle virus; tomato blackring tobacco rattle potato virus Y (to- bacco veinal necrosis strain); potato purple top wilt agent; marginal flaves- cence agent; potato purple top roll witches broom stolbur parastolbur agent; potato leaflet stunt spindle tuber viroid; arracacha virus B; potato yellowing virus. Ellis and Halst (wilts), cocoa mottle leaf virus, yellow mosaic necrosis perniciosa rorei agents of cushy gall disease), streak die-back), moth). strain); arracacha virus B; potato yellowing virus. cadang disease. cadang disease. 5(b)(1). P. Henn. (rust), Andean potato latent virus; mottle mop top Andean potato latent virus, virus T, tobacco ringspot (Andean calico Puccinia mccleanii U. transversalis U. gladioli Xanthomonas campestris ...... A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- South latitude— ° and 44 ° the Municipality of Central Saanich in Province Brit- ish Columbia east of the West Saanich Road).. see § 319.37–5(o)). (that area of Chile between 39 All except Canada (except Newfoundland and that portion of All except Canada, New Zealand, and the X region of Chile Europe ...... Elm mottle virus. Europe ...... Elm mottle virus. All ...... A diversity of diseases inclu Africa, Brazil, France, Italy, Malta, Mauritius, Portugal ...... Argentina, Uruguay ...... All except Canada ...... articles are in- spp. (windmill palm) All ...... A divers spp. (cacao) ...... All ...... A d Zizania spp. true seed (tuber spp. (bugle lily) ...... Africa ...... spp. (elm) (including spp. (lilac) not meeting spp ...... All ...... spp. (wild rice) seed only spp. (mountain ash) ...... Czechoslovakia, Denmark, Federal Republic of Germany ...... Mountain ash variegation or ringspot mos spp. (grape) not meeting the bearing species only—Section Tuberarium), including potato tubers. bearing species only—Section Tuberarium). the conditions for importation in § 319.37–5(i). seeds). conditions for importation in § 319.37–5(b). cluded under Poaceae). (all other Solanum spp. (potato) (tuber Solanum Syringa Theobroma Trachycarpus Sorbus Ulmus Veitchia Vitis Watsonia Zizania

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(b) The following listed articles from its of trees and shrubs, including but all foreign places except Canada are not limited to cacti, cycads, , prohibited articles and are prohibited and dracaenas. from being imported or offered for (ii) Palms and plants whose growth entry into the United States except as habits simulate palms, that exceed a provided in paragraph (c) of this sec- total length (stem plus leaves) of 915 tion: 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 plants meet- dwarf plant meeting the conditions in ing the conditions in § 319.37–5(q): § 319.37–5(q), and: (i) Exceeding 3 years of age if grown (i) Exceeding 2 years of age if grown from seeds or cuttings; or from seeds or cuttings; or (ii) Exceeding 2 years of age after (ii) Exceeding 1 year of age after sev- severance from the parent plant if pro- erance from the parent plant if pro- duced by layers; or duced by layers; or (iii) Having more than 3 years’ (iii) Having more than 2 years’ growth from the bud or graft if pro- growth from the bud or graft if pro- duced by budding or grafting. duced by budding or grafting. (2) Any naturally dwarf or miniature (c) Any article listed as a prohibited form of tree or shrub exceeding 305 mil- article in paragraph (a) or (b) of this limeters (approximately 12 inches) in section may be imported or offered for length from the soil line. entry into the United States if: (3) Herbaceous perennials (except (1) Imported by the United States De- epiphytes) imported in the form of root partment of Agriculture for experi- crowns or clumps exceeding 102 milli- mental or scientific purposes; meters (approximately 4 inches) in di- (2) Imported at the Plant Germplasm ameter. Quarantine Center, Building 320, Belts- (4) Stem cuttings without leaves, ville Agricultural Research Center without roots, without sprouts, and East, Beltsville, MD 20705 or at a port without branches (other than of entry designated by an asterisk in § 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 and kept on file at the port of entry; meters (approximately 6 feet) in (4) Imported under conditions speci- length; and stem cuttings of epiphytes fied on the Departmental permit and with or without aerial roots (without found by the Deputy Administrator to leaves, without sprouts, and without be adequate to prevent the introduc- branches) exceeding 102 millimeters tion into the United States of plant (approximately 4 inches) in diameter or pests, i.e., conditions of treatment, exceeding 1.83 meters (approximately 6 processing, growing, shipment, dis- feet) in length. posal; and (5) Cactus cuttings (without roots or (5) Imported with a Departmental tag branches) exceeding 153 millimeters or label securely attached to the out- (approximately 6 inches) in diameter or side of the container containing the ar- exceeding 1.22 meters (approximately 4 ticle or securely attached to the article feet) in length. itself if not in a container, and with (6)(i) Plants (other than stem such tag or label bearing a Depart- cuttings, cactus cuttings, artificially mental permit number corresponding dwarfed plants meeting the conditions to the number of the Departmental in § 319.37–5(q), and palms and plants permit issued for such article. whose growth habits simulate palms) exceeding 460 millimeters (approxi- [45 FR 31585, May 13, 1980; 45 FR 35305, May mately 18 inches) in length from soil 27, 1980, as amended at 56 FR 19790, Apr. 30, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, line (top of rooting zone for plants pro- 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 duced by air layering) to the farthest FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, terminal growing point and whose 1995; 62 FR 50238, Sept. 25, 1997; 63 FR 13485, growth habits simulate the woody hab- Mar. 20, 1998; 67 FR 53730, Aug. 19, 2002]

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§ 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. (flow- (1) Name, address, and telephone ering 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) A permit indicating the applicable to Massachusetts, New York, West Vir- conditions for importation under this ginia, or Wisconsin; subpart will be issued by Plant Protec- tion and Quarantine Programs if, after (11) Articles (except seeds) of Planera review of the application, the articles 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.

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are deemed eligible to be imported into U.S.C. 7714) are necessary with respect the United States under the conditions to such article.5 specified in the permit. However, even (Approved by the Office of Management and if such a permit is issued, the regulated Budget under control number 0579–0049) article may be imported only if all ap- [45 FR 31585, May 13, 1980, as amended at 48 plicable requirements of this subpart FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, are met and only if an inspector at the 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, port of entry determines that no reme- Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001] dial measures pursuant to the Plant Protection Act are necessary with re- § 319.37–4 Inspection, treatment, and spect to the regulated article.5 phytosanitary certificates of inspec- (d) Any permit which has been issued tion. may be withdrawn by an inspector or (a) Phytosanitary certificates of inspec- the Deputy Administrator if he/she de- tion. Any restricted article offered for termines that the holder thereof has importation into the United States not complied with any condition for must be accompanied by a the use of the document. The reasons phytosanitary certificate of inspection for the withdrawal shall be confirmed or, in the case of greenhouse-grown in writing as promptly as cir- plants from Canada imported in ac- cumstances permit. Any person whose cordance with paragraph (c) of this sec- permit has been withdrawn may appeal tion, a certificate of inspection in the the decision in writing to the Deputy form of a label in accordance with Administrator within ten (10) days paragraph (c)(1)(iv) of this section at- after receiving the written notification tached to each carton of the articles and to an airway bill, bill of lading, or of the withdrawal. The appeal shall delivery ticket accompanying the arti- state all of the facts and reasons upon cles. which the person relies to show that (b) Inspection and treatment. Any re- the permit was wrongfully withdrawn. stricted article may be sampled and in- The Deputy Administrator shall grant spected by an inspector at the port of or deny the appeal, in writing, stating first arrival and/or under preclearance the reasons for the decision as prompt- inspection arrangements in the coun- ly as circumstances permit. If there is try in which the article was grown, and a conflict as to any material fact, a must undergo any treatment contained hearing shall be held to resolve such in the Plant Protection and Quarantine conflict. Treatment Manual 6 that is ordered by (e) Any restricted article not des- the inspector. Any restricted article ignated in paragraph (a) of this section found upon inspection to contain or be may be imported or offered for impor- contaminated with plant pests, that tation into the United States only cannot be eliminated by treatment, after issuance of an oral permit for im- shall be denied entry at the first portation issued by an inspector at the United States port of arrival. port of entry. (c) Greenhouse-grown plants from Can- (f) An oral permit for importation of ada. A greenhouse-grown restricted an article shall be issued at a port of plant may be imported from Canada if entry by an inspector only if all appli- the Plant Protection Division of Agri- cable requirements of this subpart are culture Canada signs a written agree- met, such article is eligible to be im- ment with the Animal and Plant ported under an oral permit, and an in- Health Inspection Service allowing spector at the port of entry determines such importation if the following con- that no measures pursuant to section ditions are met: 414 of the Plant Protection Act (7 (1) The Plant Protection Division of Agriculture Canada shall: (i) Eliminate individual inspections 5 An inspector may hold, seize, quarantine, treat, apply other remedial measures to, and phytosanitary certification of each destory, or otherwise dispose of plants, plant pests, or other articles in accordance with 6 The Plant Protection and Quarantine sections 414, 421, and 434 of the Plant Protec- Manual is incorporated by reference at § 300.1 tion Act (7 U.S.C. 7714, 7731, and 7754). of this chapter.

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shipment of articles exported in ac- Agriculture Canada including the iden- cordance with this section; tification number assigned to the grow- (ii) Enter into written agreements er by the Plant Protection Division of with, and assign a unique identifica- Agriculture Canada and the following tion number to, each greenhouse grow- certification statement: ‘‘This ship- er participating in the greenhouse pro- ment of greenhouse grown plants meets gram; the import requirements of the United (iii) Inspect greenhouses and the States, and is believed to be free from plants being grown in them using in- injurious plant pests. Issued by Plant spection methods and schedules ap- Protection Division, Agriculture Can- proved by Plant Protection and Quar- ada.’’ antine to ensure that the criteria of (iii) Apply labels in accordance with this subsection are met; paragraph (c)(2)(ii) of this section sole- (iv) Issue labels to each grower par- ly to cartons of plants that meet re- ticipating in the program. The labels quirements of this chapter for import issued to each grower shall bear a of these plants from Canada into the unique number identifying that grow- United States; and er, and shall bear the following state- (iv) Use pest control practices ap- ment: ‘‘This shipment of greenhouse- proved by Plant Protection and Quar- grown plants meets the import require- antine and the Plant Protection Divi- ments of the United States, and is be- sion of Agriculture Canada to exclude lieved to be free from injurious plant pests from the greenhouses. pests. Issued by Plant Protection Divi- sion, Agriculture Canada.’’ The Plant [57 FR 43148, Sept. 18, 1992, as amended at 67 Protection Division, Agriculture Can- FR 8465, Feb. 25, 2002] ada shall also ensure that the label is § 319.37–5 Special foreign inspection placed on the outside of each container and certification requirements. of articles exported under the agree- ment and that the grower’s label is (a) Any restricted article (except placed on an airway bill, bill of lading, seeds; unrooted cuttings; articles col- or delivery ticket accompanying each lected from the wild; and articles sole- shipment of articles; and ly for food, analytical, or manufac- (v) Ensure that only plants that are turing purposes) from a country listed not excluded shipment by the criteria below, at the time of arrival at the of this subsection are shipped. port of first arrival in the United (2) Each greenhouse grower partici- States shall be accompanied by a pating in the program shall enter into phytosanitary certificate of inspection an agreement with the Plant Protec- which shall contain an accurate addi- tion Division of Agriculture Canada in tional declaration that such article which the grower agrees to: was grown on land which has been sam- (i) Maintain records of the kinds and pled and microscopically inspected by quantities of plants grown in their the plant protection service of the greenhouses, including the date of re- country in which grown within 12 ceipt and place of origin of the plants, months preceding issuance of the cer- keep the records for at least one year tificate and found free from potato cyst after the plants are shipped to the nematodes, Globodera rostochiensis United States, and make the records (Woll.) Behrens and G. pallida (Stone) available for review and copying upon Behrens: request by either the Plant Protection Algeria, Argentina, Australia, Austria, Division of Agriculture Canada or an Azores, Belgium, Bolivia, Bulgaria, Canada authorized representative of the Sec- (only that portion comprising Newfoundland, retary of Agriculture. and the Land District of South Saanich on (ii) Apply to the outside of each car- Vancouver Island in British Columbia), ton of plants grown in accordance with Channel Islands, Chile, Colombia, Costa this subsection, so as to be readily visi- Rica, Crete, Cyprus, Czechoslovakia, Den- mark (including Faeroe Islands), Ecuador, ble to inspectors and customs officials, Egypt, Federal Republic of Germany (West), and to an airway bill, bill of lading, or Finland, France, German Democratic Repub- delivery ticket for plants to be shipped lic (East), Great Britain, Greece, Guernsey, to the United States, a label issued by Hungary, Iceland, India, Ireland, Italy,

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Japan, Jersey, Jordan, Lebanon, Luxem- and P. virginiana) and grown in Bel- bourg, Malta, Mexico, Morocco, The Nether- gium, France, Germany, Great Britain, lands, New Zealand, Northern Ireland, Nor- or The Netherlands shall be certified way, Pakistan, Panama, Peru, the Phil- 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- certified plants were grown and the ist Republics, Venezuela, and Yugoslavia. original parent stock is indexed for the appropriate national fruit tree certifi- (b) (1) Any of the following restricted cation program. articles (except seeds) at the time of 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 dis- (vii) Apple green crinkle virus. eases listed in paragraph (b)(3) of this (viii) Apple chat fruit virus. section: For Chaenomeles spp. (flow- (ix) Plum pox (=Sharka) virus. ering quince) and Cydonia spp. (quince), (x) Cherry leaf roll virus. diseases (i), (ii), (iv), (xviii), (xix), (xx), (xi) Cherry rusty mottle (European) and (xxi); for Malus spp. (apple, agent. crabapple), diseases (i), (ii), (iii), (vi), (xii) Apricot chlorotic leaf roll agent. (vii), (xxii), and (xxiii); for Prunus spp. (xiii) Plum bark split virus. (almond, apricot, cherry, cherry laurel, (xiv) Arabis mosaic virus and its English laurel, nectarine, peach, plum, strains. prune), diseases (i), (ix) through (xvii), (xv) Raspberry ringspot virus and its and (xxii); and for Pyrus spp. (pear), strains. diseases (i), (ii), (iv), (v), (xviii), (xix), (xvi) Tomato blackring virus and its (xx), (xxi) and (xxii); and for Vitis spp. strains. (grape) from Canada, diseases (xiv) (xvii) Strawberry latent ringspot through (xvii) and (xxiv) through virus and its strains. (xliii). The determination by the plant (xviii) Quince sooty ringspot agent. protection service that the article is (xix) Quince yellow blotch agent. free of these diseases will be based on (xx) Quince stunt agent. visual examination and indexing of the (xxi) Gymnosporangium asiaticum parent stock of the article and inspec- Miyabe ex. Yamada (Rust). tion of the nursery where the re- (xxii)Valsa mali Miyabe and Yamada stricted article is grown to determine ex. Miura (Branch canker fungus). that the nursery is free of the specified (xxiii) Apple ringspot virus. diseases. An accurate additional dec- (xxiv) The following nematode trans- laration on the phytosanitary certifi- mitted viruses of the polyhedral type: cate of inspection by the plant protec- Artichoke Italian latent virus, Grape- tion service that a disease does not vine Bulgarian latent virus, Grapevine occur in the country in which the arti- fanleaf virus and its strains, and Hun- cle was grown may be used in lieu of garian chrome mosaic virus. visual examination and indexing of the (xxv) Grapevine asteroid mosaic parent stock for that disease and in- agent. spection of the nursery. (xxvi) Grapevine Bratislava mosaic (2) Species of Prunus not immune to virus. plum pox virus (species other than P. (xxvii) Grapevine chasselas latent avium, P. cerasus, P. effusa, P. agent. laurocerasus, P. mahaleb, P. padus, P. (xxviii) Grapevine corky bark ‘‘Legno sargentii, P. serotina, P. serrula, P. riccio’’ agent. serrulata, P. subhirtella, P. yedoensis, (xxix) Grapevine leaf roll agent.

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(xxx) Grapevine little leaf agent. and found by the plant protection serv- (xxxi) Grapevine stem pitting agent. ice of Great Britain to be free from in- (xxxii) Grapevine vein mosaic agent. jurious plant diseases caused by (xxxiii) Grapevine vein necrosis Phialophora cinerescens (Wr.) van agent. Beyma (=Verticillium cinerescens Wr.), (xxxiv) Flavescence-doree agent. carnation etched ring virus, carnation (xxxv) Black wood agent (bois-noir). ‘‘streak’’ virus, and carnation ‘‘fleck’’ (xxxvi) Grapevine infectious necrosis virus, based on visual examination of bacterium. the parent stock, of the articles for im- (xxxvii) Grapevine yellows disease portation, and of the greenhouse nurs- bacterium. ery in which the articles for importa- (xxxviii) Xanthomonas ampelina tion and the parent stock are grown, Panagopoulas. once a month for 4 consecutive months (xxxix) Peyronellaea glomerata Ciferri. immediately prior to importation, and (xl) Pseudopeziza tracheiphila Muller- based on indexing of the parent stock. Thur-gau. (e) Any restricted article (except (xli) Rhacodiella vitis Sterenberg. seeds) of Rubus spp. (cloudberry, black- (xlii) Rosellinia necratrix Prill. berry, boysenberry, dewberry, logan- (xliii) Septoria melanosa (Vialla and berry, raspberry) from Canada, shall be Ravav) Elenk. grown under postentry quarantine con- (c) Any restricted article (except ditions specified in § 319.37–7 unless at seeds) of Chrysanthemum spp. (chrysan- the time of arrival at the port of first themum) or Dendranthema spp. (chrys- arrival in the United States the anthemum) from any foreign place ex- phytosanitary certificate of inspection cept Europe, Argentina, Brazil, Can- accompanying such article contains an ada, Canary Islands, Chile, Colombia, accurate additional declaration that Republic of South Africa, Uruguay, such article was found by the plant Venezuela, and all countries and local- protection service of Canada to be free ities located in part or entirely be- of Rubus stunt agent based on visual tween 90° and 180° East longitude shall examination and indexing of the parent at the time of arrival at the port of stock.7 first arrival in United States be accom- (f) Any restricted article (except panied by a phytosanitary certificate seeds) of Rubus spp. (cloudberry, black- of inspection containing an accurate berry, boysenberry, dewberry, logan- additional declaration that such arti- berry, raspberry) from Europe at the cles was grown in a greenhouse nursery time of arrival at the port of first ar- and found by the plant protection serv- rival in the United States shall be ac- ice of the country in which grown to be companied by a phytosanitary certifi- free from white rust disease (caused by cate of inspection which shall contain the rust fungus, Puccinia horiana P. an accurate additional declaration that Henn.) based on visual examination of such article was found by the plant the parent stock, of the articles for im- protection service of the country of or- portation, and of the greenhouse nurs- igin to be free of Rubus stunt agent ery in which the articles for importa- based on visual examination and index- tion and the parent stock are grown, ing of the parent stock. once a month for 4 consecutive months (g) Any seed of Cocos nucifera (coco- immediately prior to importation. nut) at the time of arrival at the port (d) Any restricted article (except of first arrival in the United States seeds) of Dianthus spp. (carnation, shall be accompanied by a sweet-william) from Great Britain phytosanitary certificate of inspection shall be grown under postentry quar- which shall contain an accurate addi- antine conditions specified in § 319.37– tional declaration that such seed was 7(c) unless 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 the phytosanitary certificate of layan dwarf variety or Maypan variety inspection accompanying such article (=F1 hybrid, Malayan Dwarf×Panama contains an accurate additional dec- laration that such article was grown in 7 Such testing is done under a Raspberry a greenhouse nursery in Great Britain Plant Certification Program of Canada.

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Tall) (which are resistant to lethal parent stock by visual examination yellowing disease) based on visual ex- and indexing. amination of the parent stock. (2) Seeds of Prunus spp. (almond, (h) Any restricted article of Fragaria apricot, nectarine, peach, plum, and spp. (strawberry) from Israel is prohib- prune, but not species in the subgenus ited as specified in § 319.37–2(a) unless Cerasus), from all countries except at the time of arrival at the port of those in Europe, Cyprus, Syria, and first arrival in the United States the Turkey shall, at the time of arrival at phytosanitary certificate accom- the port of first arrival in the United panying the article of Fragaria spp. States, be accompanied by a contains an additional declaration that phytosanitary certificate of inspection, stipulates that the parent stock was containing an accurate additional dec- found free of red stele disease pathogen laration that plum pox (Sharka) virus as well as any other damaging straw- does not occur in the country in which berry pathogens, based on visual in- the seeds were grown. spection and indexing. (k) Any restricted article of Feijoa (i) Any restricted article of Syringa (feijoa, pineapple guava) from New Zea- spp. (lilac) from the Netherlands is pro- land shall undergo postentry quar- hibited as specified in § 319.37–2(a) un- antine in accordance with § 319.37–7 un- less at the time of arrival at the port of less the article, at the time of arrival first arrival in the United States the at the port of first arrival in the phytosanitary certificate accom- United States, is accompanied by a panying the article of Syringa spp. phytosanitary certificate of inspection, (lilac) contains an accurate additional containing an accurate additional dec- declaration that stipulates that the laration that New Zealand is free of parent stock was found free of plant Monilinia fructigena. diseases by inspection and indexing and (l) Any restricted article of Gladiolus, that the Syringa spp. (lilac) to be im- Watsonia or Crocosmia spp. from Lux- ported were propagated either by root- embourg or Spain shall, at the time of ing cuttings from indexed parent plants or by grafting indexed parent arrival at the port of first arrival in plant material on seedling rootstocks, the United States, be accompanied by a and were grown in fumigated soil (fu- phytosanitary certificate of inspection, migated by applying 400 to 870 pounds containing accurate additional declara- of methyl bromide per acre and cov- tions that: ering the soil with a tarpaulin for 7 (1) The plants were grown in a dis- days) in a field at least three meters ease free environment in a greenhouse; from the nearest non-indexed Syringa (2) The plants were subjected to 12 spp. (lilac). hours of continuous misting per day (j)(1) Seeds of Prunus spp. (almond, with water at 15–20 degrees Celsius on 2 apricot, nectarine, peach, plum, and consecutive days; and prune, but not species in the subgenus (3) The plants were inspected by a Cerasus) from Belgium, France, Federal plant quarantine official of the country Republic of Germany, The Netherlands, where grown 20 days after the comple- or Great Britain shall, at the time of tion of the misting and were found free arrival at the port of first arrival in of gladiolus rust. the United States, be accompanied by a (m) Any restricted article of Acer phytosanitary certificate of inspection, palmatum or Acer japonicum from the containing accurate additional declara- Netherlands is prohibited unless the ar- tions that: ticle is accompanied, at the time of ar- (i) The seeds are from parent stock rival at the port of first arrival in the grown in a nursery in Belgium, France, United States, by a phytosanitary cer- Federal Republic of Germany, The tificate of inspection, containing an ac- Netherlands, or Great Britain that is curate additional declaration that the free of plum pox (Sharka) virus; and article is of a nonvariegated variety of (ii) The seeds have been found by the A. palmatum or A. japonicum. plant protection service of the country (n) Any restricted article of Howea in which grown to be free of plum pox spp. (sentry palm) from Australia or (Sharka) virus based on the testing of New Zealand, is prohibited as specified

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in § 319.37–2(a) unless at the time of ar- cation requirements for gypsy moth in rival at the port of first arrival in the § 319.77–4 of this part. United States the phytosanitary cer- (q) Any artificially dwarfed plant im- tificate accompanying the article of ported into the United States must Howea spp. contains both a declaration have been grown and handled in ac- of origin and a declaration stipulating cordance with the requirements of this that the Howea is free of the lethal paragraph and must be accompanied by yellowing pathogen and the cadang- a phytosanitary certificate of inspec- cadang pathogen, as well as any other tion that was issued by the government damaging palm pathogens, based on of the country where the plants were visual inspection. grown. (o) Any Solanum tuberosum true seed (1) Any growing media, including imported from Chile shall, at the time soil, must be removed from the artifi- of arrival at the port of first arrival in cially dwarfed plants prior to shipment the United States, be accompanied by a to the United States unless the plants phytosanitary certificate of inspection are to be imported in accordance with issued in Chile by the Servicio Agricola § 319.37–8. y Ganadero (SAG), containing addi- (2) The artificially dwarfed plants tional declarations that: must be grown in accordance with the following requirements and the (1) The Solanum spp. true seed was phytosanitary certificate required by produced by Solanum plants that were this paragraph must contain declara- propagated from plantlets from the tions that those requirements have United States; been met: (2) The Solanum plants that produced (i) The artificially dwarfed plants the Solanum tuberosum true seed were must be grown for at least 2 years in a grown in the Tenth (X) Region of Chile greenhouse or screenhouse in a nursery ° (that area of the country between 39 registered with the government of the ° and 44 South latitude); and country where the plants were grown; (3) Solanum tuberosum tubers, plants, (ii) The greenhouse or screenhouse in and true seed from each field in which which the artificially dwarfed plants the Solanum plants that produced the are grown must have screening with Solanum tuberosum true seed were openings of not more than 1.6 mm on grown have been sampled by SAG once all vents and openings, and all per growing season at a rate to detect entryways must be equipped with auto- 1 percent contamination with a 99 per- matic closing doors; cent confidence level (500 tubers/500 (iii) The artificially dwarfed plants plants/500 true seeds per 1 hectare/2.5 must be grown in pots containing only acres), and that the samples have been sterile growing media during the 2-year analyzed by SAG using an enzyme- period when they are grown in a green- linked immunosorbent assay (ELISA) house or screenhouse in a registered test or nucleic acid spot hybridization nursery; (NASH) non-reagent test, with nega- (iv) The artificially dwarfed plants tive results, for Andean Potato Latent must be grown on benches at least 50 Virus, Arracacha Virus B, Potato Virus cm above the ground during the 2-year T, the Andean Potato Calico Strain of period when they are grown in a green- Tobacco Ringspot Virus, and Potato house or screenhouse in a registered Yellowing Virus. nursery; and (p) In addition to meeting the re- (v) The plants and the greenhouse or quirements of this subpart, any trees screenhouse and nursery where they with roots and any shrubs with roots are grown must be inspected for any and persistent woody stems, unless evidence of pests and found free of greenhouse-grown throughout the year, pests of quarantine significance to the that are imported from Canada will be United States at least once every 12 subject to the inspection and certifi- months by the plant protection service

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of the country where the plants are infestation with Cuscuta spp. in accord- grown. ance with the applicable provisions of the Plant Protection and Quarantine (Approved by the Office of Management and Budget under control number 0579–0176) Treatment Manual. (e) Seeds of all species of the plant [45 FR 31585, May 13, 1980; 45 FR 35305, May family Rutaceae from Afghanistan, An- 27, 1980, as amended at 45 FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, daman Islands, Argentina, Bangladesh, Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; Brazil, Burma, Caroline Islands, 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, Comoro Islands, Fiji Islands, Home Is- 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, land in Cocos (Keeling) Islands, Hong Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999; 67 FR Kong, India, Indonesia, Ivory Coast, 53731, Aug. 19, 2002] Japan, Kampuchea, Korea, Mada- gascar, Malaysia, Mauritius, Mozam- § 319.37–6 Specific treatment and other requirements. bique, Nepal, Oman, Pakistan, Papua New Guinea, Paraguay, Peoples Repub- (a) Seeds of Hibiscus spp. (hibiscus, lic of China, Philippines, Reunion Is- rose mallow) and seeds of Abelmoschus land, Rodriquez Islands, Ryukyu Is- spp. (okra), from any foreign country lands, Saudi Arabia, Seychelles, Sri or locality, at the time of importation Lanka, Taiwan, Thailand, Thursday Is- into the United States, shall be treated land, United Arab Emirates, Uruguay, for possible infestation with Vietnam, Yemen (Sanaa), and Zaire, at Pectinophora gossypiella (Saunders) the time of arrival at the port of first (pink bollworm) in accordance with the arrival in the United States shall be applicable provisions of the Plant Pro- treated for possible infection with cit- tection and Quarantine Treatment rus canker by being immersed in water Manual.8 at 125 °F (51.6 °C) or higher for 10 min- (b) Seeds of Lathyrus spp. (sweet pea, utes, and then immersed for a period of peavine); Lens spp. (lentil); and Vicia at least 2 minutes in a solution con- spp. (fava bean, vetch) from countries taining 200 parts per million sodium and localities other than those in hypochlorite at a pH of 6.0 to 7.5. North America and Central America, at the time of importation into the (f) Seeds of Castanea and Quercus United States, shall be treated for pos- from all countries except Canada and sible infestation with insects of the Mexico at the time of arrival at the family Bruchidae in accordance with port of first arrival in the United the applicable provisions of the Plant States shall be treated for possible in- Protection and Quarantine Treatment festation with Curculio elephas Manual. (Cyllenhal), C. nucum L., Cydia (c) Bulbs of Allium sativum (garlic) (Laspeyresia) splendana Hubner, from Algeria, Austria, Czechoslovakia, Pammene fusciana L. (Hemimene juliana Egypt, France, Greece, Hungary, , (Curtis)) and other insect pests of Israel, Italy, Morocco, Portugal, Re- chestnut and acorn in accordance with public of South Africa, Spain, Switzer- the applicable provisions of the Plant land, Syria, Turkey, Union of Soviet Protection and Quarantine Treatment Socialist Republics, Federal Republic Manual. of Germany (West), or Yugoslavia at [45 FR 31585, May 13, 1980; 45 FR 35305, May the time of importation into the 27, 1980, as amended at 45 FR 49504, July 25, United States shall be treated for pos- 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR sible infestation with Brachycerus spp. 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996] and Dyspessa ulula (Bkh.) in accordance with the applicable provisions of the § 319.37–7 Postentry quarantine. Plant Protection and Quarantine (a) The following restricted articles, Treatment Manual. from the designated countries and lo- (d) Seeds of Guizotia abyssinica (niger calities, and any increase therefrom seed) from any foreign place, at the must be grown under postentry quar- time of arrival at the port of first ar- antine conditions specified in para- rival, shall be heat treated for possible graphs (c) and (d) of this section, and may be imported or offered for impor- 8 See footnote 6 in § 319.37–4. tation into the United States only:

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(1) If destined for a State that has Restricted Article (ex- Foreign Country(ies) or Locality(ies) completed a State postentry quar- cluding seeds) from which imported antine agreement in accordance with Chrysanthemum spp. All except Argentina, Brazil, Can- paragraph (c) of this section; (chrysanthemum) ada, Canary Islands, Chile, Co- meeting the condi- lombia, Europe, Republic of (2) If a postentry quarantine growing tions in § 319.37–5(c). South Africa, Uruguay, Ven- agreement has been completed and sub- ezuela, and all countries, terri- mitted to Plant Protection and Quar- tories, and possessions of coun- tries located in part or entirely antine in accordance with paragraph between 90° and 180° East lon- (d) of this section. The agreement must gitude. be signed by the person (the importer) Crataegus monogyna Europe. Jacq. (hawthorne, applying for a written permit for im- thorneapple, red portation of the article in accordance haw). with § 319.37–3; and, Crocosmia spp. All except Africa, Argentina, Brazil, (montebretia) (except Canada, France, Italy, Luxem- (3) If Plant Protection and Quar- bulbs) not meeting bourg, Malta, Mauritius, Portugal, antine has determined that the com- the conditions for im- Spain, and Uruguay. pleted postentry quarantine growing portation in § 319.37– 5(l). agreement fulfills the applicable re- Cydonia spp. (quince) Countries listed in § 319.37–5(b) quirements of this section and that meeting the condi- except Canada. services by State inspectors are avail- tions for importation in § 319.37–5(b). able to monitor and enforce the Datura spp...... All except Canada, Colombia and postentry quarantine: India. Dendranthema spp. All except Argentina, Brazil, Can- Restricted Article (ex- Foreign Country(ies) or Locality(ies) (chrysanthemum) ada, Canary Islands, Chile, Co- cluding seeds) from which imported meeting the condi- lombia, Europe, Republic of tions in § 319.37–5(c). South Africa, Uruguay, Ven- Abelmoschus spp. All except Africa, Bangladesh, ezuela, and all countries, terri- (okra). Brazil, Canada, India, Iraq, tories, and possessions of coun- Papua New Guinea, Sri Lanka, tries located in part or entirely ° ° and Trinidad and Tobago. between 90 and 180 East lon- Acacia spp. (acacia) .... All except Australia, Canada, and gitude. Oceania. Dianthus spp. (carna- Great Britain, unless exempted tion, sweet-william). from postentry quarantine condi- Acer spp. (maple) ...... All except Canada, Europe, and tions pursuant to § 319.37–5(d), Japan. and all other countries and local- Actinidia spp. (Chinese All except Australia, Canada, ities except Canada. gooseberry, kiwi). Japan, New Zealand, and Tai- Eucalyptus spp ...... All except Canada, Europe, Sri wan. Lanka, and Uruguay. Aesculus spp. All except Canada, Czechoslovakia, Euonymus spp. All except Canada, Japan, and Eu- (horsechestnut). Federal Republic of Germany, (euonymus). rope. Romania, and the United King- Fragaria spp. (straw- All except Australia, Austria, Can- dom. berry). ada, Czechoslovakia, France, Althaea spp. (althaea, All except Africa, Bangladesh, Can- Great Britain, Italy, Japan, Leb- hollyhock). ada, India, and Sri Lanka. anon, The Netherlands, New Berberis spp. (barberry) All. Zealand, Northern Ireland, Re- destined to any State public of Ireland, Switzerland, except the eradi- and Union of Soviet Socialist Re- cation States listed in publics. § 301.38–2a of this Fraxinus spp (ash) ...... All except Canada and Europe. chapter (plants of all Fruit and nut articles All except Canada. species and horti- listed by common cultural varieties des- name in paragraph ignated as resistant (b) of this section. to black stem rust in Gladiolus spp. (glad- All except Africa, Argentina, Brazil, accordance with iolus) (except bulbs) Canada, France, Italy, Luxem- § 301.38–1 of this not meeting the con- bourg, Malta, Mauritius, Portugal, chapter). dition for importation Spain, and Uruguay. Blighia sapida (akee) ... All except Canada, Ivory Coast, in § 319.37–5(l). and Nigeria. Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, All. hibiscus, rose mal- and India. (bromeliads) destined low). to Hawaii. Humulus spp. (hops) ... All. Hydrangea spp. (hy- All except Canada and Japan. Cedrus spp. (cedar) ..... All except Canada and Europe. drangea). Chaenomeles spp. Countries listed in § 319.37–5(b) Jasminum spp. (jas- All except Canada, Belgium, Fed- (flowering quince) except Canada. mine). eral Republic of Germany, Great meeting the condi- Britain, India, and the Philippines. tions for importation Juniperus spp. (juniper) All except Canada and Europe. in § 319.37–5(b). Larix spp. (larch) ...... All except Canada, Japan, and Eu- rope.

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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

Ligustrum spp. (privet) All except Canada and Europe. Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- Mahoberberis spp. des- All. ada, Italy, and New Zealand. tined to any State ex- Rubus spp. (cloudberry, All unless exempted from postentry cept the eradication blackberry, boysen- quarantine conditions pursuant to States listed in berry, dewberry, lo- § 319.37–5(e). § 301.38–2a of this ganberry, raspberry). chapter (plants of all Salix spp. (willow) ...... Europe except Federal Republic of species and horti- Germany (West), German Demo- cultural varieties des- cratic Republic (East), Great Brit- ignated as resistant ain, and The Netherlands. to black stem rust in Sorbus spp. (mountain All except Canada, Czechoslovakia, accordance with ash). Denmark, and Federal Republic § 301.38–1 of this of Germany. chapter). Syringa spp. (lilac)...... The Netherlands, if the articles Mahonia spp. All. meet the conditions for importa- (mahonia) destined tion in § 319.37–5(i), and all other to any State except places except Canada and Eu- the eradication rope. States listed in Ulmus spp. (elm) ...... All except Canada and Europe. § 301.38–2a of this Watsonia spp. (bugle All except Africa, Argentina, Brazil, chapter (plants of all lily) (except bulbs) Canada, France, Italy, Luxem- species and horti- not meeting the con- bourg, Malta, Mauritius, Portugal, cultural varieties des- ditions for importation Spain, and Uruguay. ignated as resistant in § 319.37–5(l). to black stem rust in accordance with § 301.38–1 of this (b) Fruit and nut articles (common chapter). names are listed after scientific Malus spp. (apple, Countries listed in § 319.37–5(b) names). crabapple) meeting except Canada. the conditions for im- Achras—(Synonym for Manilkara) portation in § 319.37– Annona— custard apple, cherimoya, 5(b). sweetsop, sugarapple, soursop, bullock’s Mespilus germanica Countries listed in § 319.37–5(b) (medlar). except Canada. heart, alligator apple, suncoya, ilama, Morus spp. (mulberry) All except Canada, India, Japan, guanabana, pond apple Korea, People’s Republic of Anacardium— cashew China, Thailand, and the geo- Artocarpus— breadfruit, jackfruit graphic area formerly known as Averrhoa— carambola the Union of Soviet Socialist Re- Carica— papaya, pawpaw publics. Nut and fruit articles Carissa— natal plum (see fruit and nut arti- Ceratonia— St. Johnsbread cles). Chrysobalanus— coco plum Passiflora spp. (passion All except Canada. Chrysophyllum— starapple fruit, granadilla). Corylus— filbert, hazel, hazelnut, cobnut Philadelphus spp. All except Canada and Europe. Crataegus— hawthorne (mock orange). Picea spp. (spruce) ...... All except Canada, Europe, Japan, Diospyros— persimmon, kaki, mabola and Siberia. Durio— durian Pinus spp. (pine) (2-or- All except Canada, Europe, and Eriobotrya— loquat, Japanese medlar, Japa- 3 leaved). Japan. nese plum Populus spp. (aspen, All except Canada and Europe. Euphoria— longan cottonwood, poplar). Eugenia— roseapple, Malayapple, Prunus spp. (almond, Countries listed in § 319.37–5(b) apricot, cherry, cher- except Canada. Curacaoapple ry laurel, English lau- Feijoa— feijoa, pineapple guava (except from rel, nectarine, peach, New Zealand if accompanied by a plum, prune) meeting phytosanitary certificate of inspection in the conditions for im- accordance with § 319.37–5(k)) portation in § 319.37– — fig 5(b). Garcinia— mangosteen, gourka Pseudolarix spp. (gold- All except Canada, Japan, and Eu- en larch). rope. Juglans— walnut, butternut, heartnut, Pseudotsuga spp. All except Canada and Europe. regranut, buartnut (Douglas fir). Lansium— langsat Pyrus spp. (pear) meet- Countries listed in § 319.37–5(b) Litchi— lychee, leechee ing the conditions for except Canada. Macadamia— macadamia nut, queensland nut importation in Malpighia— Barbados cherry § 319.37–5(b). Quercus spp. (oak) ...... All except Canada and Japan. Mammea— mammeapple, mamey Ribes spp. (currant, All except Canada and Europe. Mangifera— mango gooseberry). Manilkara— sapodilla

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Melicoccus— honeyberry, mamoncilla, span- postentry quarantine; report to the ish lime, genip Postentry Quarantine Unit of Plant Nephelium— rambutan, pulasan Protection and Quarantine whether the Olea— olive Persea— avocado, alligator pear site is of adequate size to contain the Phoenix— date number of plants proposed for importa- Phyllanthus— otaheite-gooseberry tion, including potential increase if in- Pistacia— pistachio crease is allowed; inspect plants for Psidium— guava, guayala evidence of exotic pests at least once Punica— pomegranate, granada during the first year and once during Pyronia— quinpear Rhodomyrtus— hill gooseberry, rose myrtle the second year for plants required to Spondias— yellow mombin, red mombin, hog be grown in postentry quarantine for 2 plum years, and at least once for plants re- Syzygium— Malayapple, rose apple, java quired to be grown in quarantine for plum less than 2 years; and monitor and en- Vaccinium— blueberry, cranberry force compliance with the require- Ziziphus— jujube ments of this section during the use of (c) State Postentry quarantine agree- the sites for postentry quarantine; ment. (1) Articles required to undergo (iv) Report to the Postentry Quar- postentry quarantine in accordance antine Unit of Plant Protection and with this section may only be imported Quarantine any evidence of plant pests if destined for postentry quarantine that are now know to exist in the growing in a State which has entered United States and that are found at a into a written agreement with the Ani- postentry quarantine site by State in- mal and Plant Health Inspection Serv- spectors; recommend to Plant Protec- ice, signed by the Administrator or his tion and Quarantine safeguards or or her designee and by the State Plant mitigation measures to control the Regulatory Official. In accordance with pests; and supervise the application of the laws of individual States, inspec- safeguards or mitigation measures ap- tion and other postentry quarantine proved by Plant Protection and Quar- services provided by a State may be antine; and subject to charges imposed by the (v) Report to the Postentry Quar- State. antine Unit of Plant Protection and (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] (2) In any such written agreement, (3) In any such written agreement, the State shall agree to: the Administrator shall agree to: (i) Establish State regulations and (i) Seek State review of permit appli- requirements prior to the effective cations for postentry quarantine mate- date of the agreement and enforce such rial in that State, and issue permits regulations and requirements nec- only after determining that State serv- essary to inspect sites and plants grow- ices are available to monitor the ing in postentry quarantine and to postentry quarantine; monitor and enforce compliance with (ii) Upon request of the State, pro- postentry quarantine growing in ac- vide training, technical advice, and cordance with this section; pest identification services to State of- (ii) Review pending permit applica- ficials involved in providing postentry tions for articles to be grown under quarantine services in accordance with postentry quarantine conditions in the this section; State, upon request of Plant Protec- (iii) Notify State officials, in writing tion and Quarantine, and report to the and within ten days of the arrival, Postentry Quarantine Unit of Plant when plant material destined for Protection and Quarantine whether the postentry quarantine in their State ar- State would be able to provide inspec- rives in the United States, and notify tion 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.

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(4) Termination of State postentry quar- from or parts thereof only with the antine agreement. A State postentry written permission of an inspector and quarantine agreement may be termi- only to the extent prescribed by the in- nated by either the Administrator or spector; the State Plant Regulatory Official by (2) To permit an inspector to have ac- giving written notice of termination to cess to the specified premises for in- the other party. The effective date of spection of such article during regular the termination will be 60 days after business hours; the date of actual receipt of notice, (3) To keep the article and any in- with regard to future importation to crease therefrom identified with a label that State of articles requiring showing the name of the article, port postentry quarantine in accordance accession number, and date of importa- with this section. When a postentry tion; quarantine agreement is terminated by (4) To keep the article separated either the State Plant Regulatory Offi- from any domestic plant or plant prod- cial or the Administrator, APHIS and uct of the same genus by no less than the affected State shall continue to 3 meters (approximately 10 feet); and provide postentry quarantine services from any other imported plant or plant in accordance with the postentry quar- product by the same distance; antine agreement, until the time the (5) To allow or apply remedial meas- plant material is eligible to be released ures (including destruction) deter- from quarantine, for all postentry mined by an inspector to be necessary quarantine material already in the to prevent the spread of an injurious State, and for all postentry quarantine plant disease, injurious insect pest, or material that arrives in the State prior other plant pest; to the effective date of termination. (6) To notify an inspector, orally or (d) Postentry quarantine growing agree- in writing, within 30 days of the time ments. Any restricted article required the importer or the person in charge of to be grown under postentry quar- the growing site finds any abnormality antine conditions, as well as any in- of the article, or the article dies or is crease therefrom, shall be grown in ac- killed by the importer, the person in cordance with a postentry quarantine charge of the growing site, or any 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 fol- ten permit in accordance with § 319.37– lowing 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.

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(e) A completed postentry quarantine provisions of this section, including in agreement shall accompany the appli- numbers greater than the number ap- cation for a written permit for an arti- proved by the postentry quarantine cle required to be grown under growing agreement, or in a manner postentry quarantine conditions. 9 that otherwise presents a risk of intro- (f) Inspector-ordered disposal, move- ducing plant pests into the United ment, or safeguarding of restricted arti- States, the inspector shall issue an cles; costs and charges, civil and criminal emergency action notification (PPQ liabilities. form 523) to the person who signed the (1) Growing at unauthorized sites. If an postentry quarantine growing agree- inspector determines that any article ment. That person shall be responsible subject to the postentry quarantine for carrying out all actions specified in growing requirements of this section, the emergency action notification. The or any increase therefrom, is being emergency action notification may ex- grown at an unauthorized site, the in- tend the time for which the articles spector may file an emergency action and the increase therefrom must be notification (PPQ form 523) with the grown under the postentry quarantine owner of the article or the person who conditions specified in the authorized owns or is in possession of the site on postentry quarantine growing agree- which the article is being grown. The ment, or may require that the person person named in the form 523 must, named in the notification must de- within the time specified in form 523, stroy, ship to a point outside the sign a postentry quarantine growing United States, or apply treatments or agreement, destroy, ship to a point other safeguards to the article, the in- outside the United States, move to an crease therefrom, or any portion of the authorized postentry quarantine site, article or the increase therefrom, with- and/or apply treatments or other safe- in the time specified in the emergency guards to the article, the increase action notification. In choosing which therefrom, or any portion of the article action to order and in setting the time or the increase therefrom, as pre- limit for the action, the inspector shall scribed by an inspector to prevent the consider the degree of pest risk pre- introduction of plant pests into the sented by the plant pest(s) associated United States. In choosing which ac- with the kind of article (including in- tion to order and in setting the time crease therefrom), the types of other limit for the action, the inspector shall host materials for the pest in or near consider the degree of pest risk pre- the growing site, the climate and sea- sented by the plant pest(s) associated son at the site in relation to the pest’s with the kind of article (including in- survival, and the availability of treat- crease therefrom), the types of other ment facilities. host materials for the pest in or near (3) Costs and charges. All costs pursu- the growing site, the climate and sea- ant to any action ordered by an inspec- son at the site in relation to the pest’s tor in accordance with this section survival, and the availability of treat- shall be borne by the person who signed ment facilities. the postentry quarantine growing (2) Growing at authorized sites. If an agreement covering the site where the inspector determines that any article, articles were grown, or if no such or any increase therefrom, grown at a agreement was signed, by the owner of site specified in an authorized the articles at the growing site. postentry quarantine growing agree- (4) Civil and criminal liabilities. Any ment is being grown contrary to the person who moves an article subject to postentry quarantine growing require- 9 Postentry quarantine agreement forms ments from the site specified for that are available without charge from the Ani- article in an authorized postentry mal and Plant Health Inspection Service, quarantine growing agreement, or who Plant Protection and Quarantine, Port Oper- otherwise handles such an article con- ations, Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737–1236, or local trary to the requirements of this sec- offices of the Plant Protection and Quar- tion, shall be subject to such civil pen- antine Programs which are listed in tele- alties and such criminal liabilities as phone directories. are provided by 18 U.S.C. 1001, 7 U.S.C.

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7734, or other applicable Federal stat- meet the conditions of this paragraph: utes. Alstroemeria, Ananas,10 Anthurium, Be- (g) State. As used in this section, gonia, (= Sinningia), ‘‘State’’ means each of the 50 States of Nidularium,11 Peperomia, the United States, the District of Co- Polypodiophyta (= Filicales) (ferns), lumbia, Guam, Northern Mariana Is- Rhododendron from Europe, and lands, Puerto Rico, the Virgin Islands Saintpaulia. of the United States, and all other ter- (1) Approved growing media are ritories and possessions of the United baked expanded clay pellets, cork, States. glass wool, organic and inorganic fi- bers, peat, perlite, polymer stabilized (Approved by the Office of Management and Budget under control number 0579–0049) starch, plastic particles, phenol form- aldehyde, polyethylene, polystyrene, [45 FR 31585, May 13, 1980; 45 FR 35305, May polyurethane, rock wool, sphagnum 27, 1980, as amended at 45 FR 81531, Dec. 11, moss, ureaformaldehyde, vermiculite, 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, 43150, Sept. 18, 1992; 58 FR 38267, July 16, 1993; or volcanic rock, or any combination of 58 FR 41124, Aug. 2, 1993; 59 FR 67610, Dec. 30, these media. Growing media must not 1994; 61 FR 51210, Oct. 1, 1996; 66 FR 21056, have been previously used. Apr. 27, 2001] (2) Articles imported under this para- graph must be grown in compliance § 319.37–8 Growing media. with a written agreement for enforce- (a) Any restricted article at the time ment of this section signed by the of importation or offer for importation plant protection service of the country into the United States shall be free of where grown and Plant Protection and sand, soil, earth, and other growing Quarantine, must be developed from media, except as provided in paragraph mother stock that was inspected and (b), (c), (d) or (e) of this section. found free from evidence of disease and (b) A restricted article from Canada, pests by an APHIS inspector or foreign other than from Newfoundland or from plant protection service inspector no that portion of the Municipality of more than 60 days prior to the time the Central Saanich in the Province of article is established in the greenhouse British Columbia east of the West (except for articles developed from Saanich Road, may be imported in any seeds germinated in the greenhouse), growing medium. and must be: (c) A restricted article growing solely (i) Grown in compliance with a writ- in agar or in other transparent or ten agreement between the grower and translucent tissue culture medium may the plant protection service of the be imported established in such grow- country where the article is grown, in ing media. which the grower agrees to comply (d) Epiphytic plants (including orchid with the provisions of this section and plants) established solely on tree fern to allow inspectors, and representa- slabs, coconut husks, or coconut fiber tives of the plant protection service of may be imported on such growing the country where the article is grown, media. access to the growing facility as nec- (e) A restricted article of any of the essary to monitor compliance with the following groups of plants may be im- provisions of this section; ported established in an approved (ii) Grown solely in a greenhouse in growing medium listed in this para- which sanitary procedures adequate to graph, if the article meets the condi- exclude plant pests and diseases are al- tions of this paragraph, and is accom- ways employed, including cleaning and panied by a phytosanitary certificate disinfection of floors, benches and issued by the plant protection service tools, and the application of measures of the country in which the article was to protect against any injurious plant grown that declares that the article diseases, injurious insect pests, and other plant pests. The greenhouse must 10 These articles are bromeliads, and if im- be free from sand and soil and must ported into Hawaii, bromeliads are subject to have screening with openings of not postentry quarantine in accordance with more than 0.6 mm (0.2 mm for green- § 319.37–7. houses growing Rhododendron spp.) on

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all vents and openings except Exobasidium vaccinnum and vaccinum entryways. All entryways must be var. japonicum, and Phomopsis theae; equipped with automatic closing doors; and (iii) Rooted and grown in an active (x) For Rhododendron species only, state of foliar growth for at least four the plants must be grown solely in a consecutive months immediately prior greenhouse equipped with automatic to importation into the United States, closing double doors of an airlock type, in a greenhouse unit that is used solely so that whenever one of the doors in an for articles grown in compliance with entryway is open the other is closed, this paragraph; and the plants must be introduced into (iv) Grown from seeds germinated in the greenhouse as tissue cultures or as the greenhouse unit; or descended from rootless stem cuttings from mother a mother plant that was grown for at plants that: least 9 months in the exporting coun- (A) Have received a pesticide dip pre- try prior to importation into the United States of the descendent plants, scribed by the plant protection service provided that if the mother plant was of the exporting country for mites, imported into the exporting country scale insects, and whitefly; and from another country, it must be: (B) Have been grown for at least the (A) Grown for at least 12 months in previous 6 months in a greenhouse that the exporting country prior to impor- meets the requirements of § 319.37– tation of the descendent plants into 8(e)(2)(ii). the United States, or (f) A restricted article of Hyacinthus (B) Treated at the time of importa- spp. (hyacinth) may be imported estab- tion into the exporting country with a lished in unused peat, sphagnum moss, treatment prescribed for pests of that or vermiculite growing media, or in plant by the plant protection service of synthetic growing media or synthetic the exporting country and then grown horticultural foams, i.e., plastic par- for at least 9 months in the exporting ticles, glass wool, organic and inor- country prior to importation of the de- ganic fibers, polyurethane, poly- scendent plants into the United States; styrene, polyethylene, phenol form- (v) Watered only with rainwater that aldehyde, or ureaformaldehyde: has been boiled or pasteurized, with (1) If there is a written agreement be- clean well water, or with potable tween Plant Protection and Quarantine water; and the plant protection service of the (vi) Rooted and grown in approved country where the article is grown in growing media listed in § 319.37–8(e)(1) which the plant protection service of on benches supported by legs and the country where the article is grown raised at least 46 cm above the floor; agrees to implement a program in com- (vii) Stored and packaged only in pliance with the provisions of this sec- areas free of sand, soil, earth, and plant pests; tion; (viii) Inspected in the greenhouse and (2) If there is a written agreement be- found free from evidence of plant pests tween the grower of the article and the and diseases by an APHIS inspector or plant protection service of the country an inspector of the plant protection in which the article is grown wherein service of the exporting country, no the grower agrees to comply with the more than 30 days prior to the date of provisions of this section, wherein the export to the United States; grower agrees to allow an inspector ac- (ix) For Rhododendron species only, cess to the growing facility as nec- the plants must be propagated from essary to monitor compliance with the mother plants that have been visually provisions of this section, and wherein inspected by an APHIS inspector or an the grower agrees to allow representa- inspector of the plant protection serv- tives of the plant protection service of ice of the exporting country and found the country in which the article is free of evidence of diseases caused by grown access to the growing facility as the following pathogens: Chrysomyxa necessary to make determinations con- ledi var. rhododendri, Erysiphe cerning compliance with the provisions cruciferarum, Erysiphe rhododendri, of this section;

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(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 (ii) Grown throughout its growing pe- established in growing media, the Ani- riod only in a coldroom (with tempera- mal and Plant Health Inspection Serv- ° ° tures not exceeding 9 C. (48 F.)) with- ice will conduct the following analysis in an enclosed building; in determining the pest risks associ- (iii) Grown only in a coldroom unit ated with each requested plant article solely used for articles grown under all and in determining whether or not to the criteria specified in this paragraph propose allowing importation into the (f); United States of the requested plant (iv) Grown only in unused peat, sphagnum moss, or vermiculite grow- article. ing media; or grown only in synthetic (1) Collect commodity information. (i) growing media or synthetic horti- Determine the kind of growing me- cultural foams, i.e., plastic particles, dium, origin and taxon of the regulated glass wool, organic and inorganic fi- article. bers, polyurethane, polystyrene, poly- (ii) Collect information on the meth- ethylene, phenol formaldehyde, od of preparing the regulated article ureaformaldehyde; for importation. (v) Watered only with clean rain- (iii) Evaluate history of past plant water that has been pasteurized, with pest interceptions or introductions (in- clean well water, or with potable cluding data from plant protection water; services of foreign countries) associ- (vi) Grown in a coldroom free of sand, ated with each regulated article. soil, or earth; (2) Catalog quarantine pests. For the (vii) Grown only in a coldroom where regulated article specified in an appli- strict sanitary procedures are always cation, determine what plant pests or practiced, i.e., cleaning and disinfec- potential plant pests are associated tion of floors and tools and the applica- with the type of plant from which the tion of measures to protect against any regulated article was derived, in the injurious plant diseases, injurious in- country and locality of origin. A plant sect pests, and other plant pests; and pest that meets one of the following (viii) Stored only in areas found free criteria is a quarantine pest and will be of sand, soil, earth, injurious plant dis- further evaluated in accordance with eases, injurious insect pests, and other paragraph (g)(3) of this section: plant pests; (i) Non-indigenous plant pest not (4) If appropriate measures have been present in the United States; taken to assure that the article is to be (ii) Non-indigenous plant pest, stored, packaged, and shipped free of injurious plant diseases, injurious in- present in the United States and capa- sect pests, and other plant pests; ble of further dissemination in the (5) If accompanied by a United States; phytosanitary certificate of inspection (iii) Non-indigenous plant pest that is containing an accurate additional dec- present in the United States and has laration from the plant protection reached probable limits of its ecologi- service of the country in which grown cal range, but differs genetically from that the article meets conditions of the plant pest in the United States in a growing, storing, and shipping in com- way that demonstrates a potential for pliance with 7 CFR 319.37–8(f); and greater damage potential in the United (6) If the accompanying States; phytosanitary certificate of inspection (iv) Native species of the United is endorsed by a Plant Protection and States that has reached probable limits Quarantine inspector in the country of of its ecological range, but differs ge- origin or at the time of offer for impor- netically from the plant pest in the

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United States in a way that dem- plant pests involved, will be compared onstrates a potential for greater dam- with the individual pest risk assess- age potential in the United States; or ments in order to determine whether (v) Non-indigenous or native plant requiring particular mitigation meas- pest that may be able to vector an- ures in connection with importation of other plant pest that meets one of the the regulated article would reduce the criteria in (g)(2)(i) through (iv) of this pest risk to a level equal to or less section. than the risk associated with import- (3) Conduct individual pest risk assess- ing the regulated article with bare ments. Each of the quarantine pests roots as allowed by § 319.37–8(a). If identified by application of the criteria APHIS determines that use of par- in paragraph (g)(2) of this section will ticular mitigation measures could re- be evaluated based on the following es- duce the pest risk to this level, and de- timates: termines that sufficient APHIS re- (i) Estimate the probability the quar- sources are available to implement or antine pest will be on, with, or in the ensure implementation of the appro- regulated article at the time of impor- priate mitigation measures, APHIS tation; will propose to allow importation into (ii) Estimate the probability the the United States of the requested reg- quarantine pest will survive in transit ulated article if the appropriate miti- on the regulated article and enter the gation measures are employed. United States undetected; (iii) Estimate the probability of the [45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at 57 FR 43151, Sept. quarantine pest colonizing once en- 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, tered into the United States; Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999] (iv) Estimate the probability of the quarantine pest spreading beyond the § 319.37–9 Approved packing material. colonized area; and Any restricted article at the time of (v) Estimate the actual and perceived importation or offer for importation economic, environmental and social into the United States shall not be damage that would occur if the quar- packed in a packing material unless antine pest is introduced, colonizes, the plants were packed in the packing and spreads. material immediately prior to ship- (4) Determine overall estimation of risk ment; such packing material is free based on compilation of component esti- from sand, soil, or earth (except for mates. This step will evaluate whether sand designated below); has not been the pest risk of importing a regulated used previously as packing material or article established in growing media, otherwise; and is listed below: as developed through the estimates of paragraph (g)(3) of this section, is Baked or expanded clay pellets. greater than the pest risk of importing Buckwheat hulls. the regulated article with bare roots as Coral sand from Bermuda, if the article allowed by § 319.37–8(a). packed in such sand is accompanied by a (i) If the pest risk is determined to be phytosanitary certificate of inspection the same or less, the regulated article containing an accurate additional declara- established in growing media will be tion from the plant protection service of Bermuda that such sand was free from soil. allowed importation under the same Excelsior. conditions as the same regulated arti- Exfoliated vermiculite. cle with bare roots. Ground cork. (ii) If the pest risk is determined to Ground peat. be greater for the regulated article es- Ground rubber. tablished in growing media, APHIS will Paper. evaluate available mitigation measures Perlite. to determine whether they would allow Polymer stabilized cellulose. safe importation of the regulated arti- Quarry gravel. cle. Mitigation measures currently in Rock wool. use as requirements of this subsection, Sawdust. and any other mitigation methods rel- Shavings—wood or cork. evant to the regulated article and Sphagnum moss.

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Vegetable fiber when free of pulp, including list indicating the contents of the ship- coconut fiber and Osmunda fiber, but ex- ment. cluding sugarcane fiber and cotton fiber. Volcanic rock. (Approved by the Office of Management and Budget under control number 0579–0049) [45 FR 31585, May 13, 1980, as amended at 57 [45 FR 31585, May 13, 1980, as amended at 48 FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, FR 57466, Dec. 30, 1983] 1995] § 319.37–11 Arrival notification. § 319.37–10 Marking and identity. Promptly upon arrival of any re- (a) Any restricted article for impor- stricted article at a port of entry, the tation other than by mail, at the time importer shall notify the Plant Protec- of importation or offer for importation tion and Quarantine Programs of the into the United States shall plainly arrival by such means as a manifest, and correctly bear on the outer con- Customs entry document, commercial tainer (if in a container) or the re- invoice, waybill, a broker’s document, stricted article (if not in a container) or a notice form provided for that pur- the following information: pose. (1) General nature and quantity of (Approved by the Office of Management and the contents, Budget under control number 0579–0049) (2) Country and locality where [45 FR 31585, May 13, 1980, as amended at 48 grown, FR 57466, Dec. 30, 1983] (3) Name and address of shipper, owner, or person shipping or for- § 319.37–12 Prohibited articles accom- warding the article, panying restricted articles. (4) Name and address of consignee, A restricted article for importation (5) Identifying shipper’s mark and into the United States shall not be number, and packed in the same container as an ar- (6) Number of written permit author- ticle prohibited importation into the izing the importation if one was issued. United States by this part or part 321. (b) Any restricted article for impor- § 319.37–13 Treatment and costs and tation by mail shall be plainly and cor- charges for inspection and treat- rectly addressed and mailed to the ment. Plant Protection and Quarantine Pro- (a) The services of a Plant Protection grams at a port of entry listed in and Quarantine inspector during regu- § 319.37–14, shall be accompanied by a larly assigned hours of duty and at the separate sheet of paper within the usual places of duty shall be furnished package plainly and correctly bearing without cost to the importer. 11 No the name, address, and telephone num- charge will be made to the importer for ber of the intended recipient, and shall Government owned or controlled spe- plainly and correctly bear on the outer cial inspection facilities and equipment container the following information: used in treatment, but the inspector (1) General nature and quantity of may require the importer to furnish the contents, any special labor, chemicals, packing (2) Country and locality where materials, or other supplies required in grown, handling an importation under the reg- (3) Name and address of shipper, ulations in this subpart. The Plant owner, or person shipping or for- Protection and Quarantine Programs warding the article, and will not be responsible for any costs or (4) Number of written permit author- charges, other than those indicated in this section. izing the importation, if one was (b) Any treatment performed in the issued. United States on a restricted article (c) Any restricted article for impor- shall be performed by an inspector or tation (by mail or otherwise), at the time of importation or offer for impor- 11 Provisions relating to costs for other tation into the United States shall be services of an inspector are contained in part accompanied by an invoice or packing 354.

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under an inspector’s supervision at a ALABAMA government-operated special inspec- Mobile tion facility, except that an importer may have such treatment performed at Federal Building, room 147, 113 St. Joseph a nongovernmental facility if the Street, P.O. Box 1413, Mobile, AL 36601. treatment is performed at nongovern- ALASKA ment expense under the supervision of an inspector and in accordance with Anchorage any applicable treatment requirements Annex P.O. Box 6191, International Airport, of this subpart and in accordance with Anchorage, AK 99502. any treatment required by an inspector as an emergency measure in order to ARIZONA prevent the dissemination of any inju- * Nogales rious plant disease, injurious insect pest, or other plant pest, new to or not Federal Inspection Station, Nogales, AZ 85621. theretofore known to be widely preva- lent or distributed within and through- Phoenix out the United States. However, treat- Sky Harbor Airport, 3300 Sky Harbor Boule- ment may be performed at a non- vard, Phoenix, AZ 85034. governmental facility only in cases of unavailability of government facilities San Luis and only if, in the judgment of an in- U.S. Border Station, P.O. Box 37, San Luis, spector, such article can be transported AZ 85349. to such nongovernmental facility with- out the risk of introduction into the Tucson United States of injurious plant dis- Tucson International Airport, Tucson, AZ eases, injurious insect pests, or other 85706.

plant pests. CALIFORNIA [45 FR 31585, May 13, 1980, as amended at 57 Calexico FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996] Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, Calexico, CA § 319.37–14 Ports of entry. 92231. (a) Any restricted article required to * Los Angeles be imported under a written permit pursuant to § 319.37–3(a) (1) through (6) 9650 LaCienega Boulevard, Building D North, Inglewood, CA 90301. of this subpart, shall be imported or of- fered for importation only at a port of (Airport) entry designated by an asterisk in World Way Center Post Office, International paragraph (b) of this section; any other Arrivals Area, Satellite 2, P.O. Box 90429, restricted article shall be imported or Los Angeles International Airport, Los An- offered for importation at any port of geles, CA 90009. entry listed in paragraph (b) of this section. * San Diego (b) Any restricted article from Can- U.S. Border Station, P.O. Box 43L, San ada not required to be imported under Ysidro, CA 92073. a written permit pursuant to § 319.37– * San Francisco 3(a) (1) through (6) of this subpart may be imported at any port of entry listed Plant Inspection Station, San Francisco in this paragraph, or at any Customs International Airport, San Francisco, CA 94128. designated port of entry on the United San Francisco International Airport, P.O. States-Canada border (Customs des- Box 8026, Airport Station, San Francisco, ignated ports of entry are listed in 19 CA 94128. CFR part 101). 101 Agriculture Building, Embarcadero at Mission Street, P.O. Box 7673, San Fran- LIST OF PORTS OF ENTRY cisco, CA 94120. Ports with special inspection and treat- * San Pedro ment facilities (plant inspection stations) are indicated by an asterisk (*). (See Los Angeles)

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Travis AFB Pensacola P.O. Box 1448, Travis Air Force Base, Fair- Federal Building, room 105, 100 North field, CA 94535. Palafax Street, P.O. Box 12561, Pensacola, FL 32573. COLORADO Tampa Denver 700 Twiggs Street, room 504, P.O. Box 266, Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033. Tampa, FL 33601.

CONNECTICUT West Palm Beach 158 Port Road, P.O. Box 10611, Riviera Beach, Wallingford FL 33404. Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492. (Airport)

DELAWARE Palm Beach International Airport, Port of Entry Building, West Palm Beach, FL Dover AFB 33406.

Building 500 (USDA), Dover Air Force Base, GEORGIA DE 19901. Atlanta Wilmington Hapeville Branch Post Office, Basement, 650 Federal Building, room 1218A, 844 King Central Avenue, P.O. Box 82369, Hapeville, Street, Box 03, Wilmington, DE 19801. GA 30354. DISTRICT OF COLUMBIA Savannah Dulles International Airport U.S. Court House & Federal Building, room (See Virginia) B–9, 125–126 Bull Street, P.O. Box 9268, Sa- vannah, GA 31402. FLORIDA GUAM Cape Canaveral 120 George King Boulevard, P.O. Box 158, Agana Cape Canaveral, FL 32920. P.O. Box 2950, Agana, GU 96910. Jacksonville HAWAII Federal Building, room 521, 400 West Bay Street, P.O. Box 35003, Jacksonville, FL Hilo 32202. General Lyman Field, Hilo, HI 96720.

Key West *Honolulu (Airport) Federal Building, room 226, 301 Simonton Honolulu International Airport, Inter- Street, P.O. Box 1486, Key West, FL 33040. national Arrivals Building, Ewa end, * Miami Ground Level, P.O. Box 29757, Honolulu, HI 96820. Miami Inspection Station, 3500 NW. 62nd Av- enue, P.O. Box 59–2136, Miami, FL 33159. Wailuku, Maui FAA & NWS Building, Box 59–2647 AMF, Miami, FL 33159. Federal Post Office Building, room 211, Amman Building, room 305, 611 Eisenhower Wailuku, HI 96793. Boulevard, P.O. Box 13033, Fort Lauder- dale, FL 33316. (NOTE: Restricted articles ILLINOIS required to be imported under a written Chicago permit pursuant to § 319.37–3(a)(1) through (6) of this subpart must be moved by U.S. Custom House, room 800, 610 South ground transportation and under U.S. Cus- Canal Street, Chicago, IL 60607. toms bond to the Miami Inspection Sta- tion.) (Airport)

* Orlando O’Hare International Arrivals Building, P.O. Box 66192, Chicago, IL 60666. Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 32827.

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LOUISIANA St. Paul

Baton Rouge Minneapolis-St. Paul International Airport, International Charter Terminal, P.O. Box 750 Florida Boulevard, room 321, Federal 1690, St. Paul, MN 55111. Building, P.O. Box 2447, Baton Rouge, LA 70821. MISSOURI

*New Orleans Kansas City (Airport) Kansas City International Airport, P.O. Box New Orleans International Airport, P.O. Box 20085, Kansas City, MO 64195. 20037, Airport Mailing Facility, New Orle- ans, LA 70140. St. Louis International Airport F. Edward He´bert Building, P.O. Box 2220, New Orleans, LA 70176. P.O. Box 858, St. Charles, MO 63301. NEW JERSEY MAINE *Hoboken Bangor (Airport) 209 River Street, Hoboken, NJ 07030. International Arrivals Building, Bangor International Airport, Bangor, ME 04401. McGuire AFB

Portland Building 1706, Passenger Terminal, Customs Area, P.O. Box 16073, McGuire Air Force U.S. Courthouse, 156 Federal Street, room Base, NJ 08641. 309, Portland, ME 04101. NEW YORK MARYLAND Albany Baltimore 80 Wolf Road, Suite 503, Albany, NY 12205. Appraisers Stores Building, room 506, 103 Buffalo South Gay Street, Baltimore, MD 21202. Federal Building, room 1113, 111 West Huron (Airport) Street, Buffalo, NY 14202.

Foreign Arrivals Building, Baltimore Wash- New York ington International Airport, Baltimore, MD 21240. 26 Federal Plaza, room 1747, New York, NY 10007. Beltsville *Jamaica Plant Germplasm Quarantine Center (for USDA shipments only), Building 320, Belts- John F. Kennedy International Airport, ville, Agricultural Research Center East, Plant Inspection Station, Cargo Building Beltsville, MD 20705. 80, Jamaica, NY 11430. International Arrivals Building, room 2315, MASSACHUSETTS John F. Kennedy International Airport.

Boston Rouses Point Room 4, U.S. Custom House, Boston, MA St. John’s Highway Border Station, room 02109. 118, Route 9B, P.O. Box 278, Rouses Point, NY 12979. (Airport) NORTH CAROLINA Logan International Airport, East Boston, MA 02128. Morehead City Room 216, 113 Arendell, P.O. Box 272, More- MICHIGAN head City, NC 28557.

Detroit Wilmington International Terminal, room 228, Metropoli- Rural Route 6, Box 53D, Wilmington, NC tan Airport, Detroit, MI 48242. 28405.

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.

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OREGON Boulevard, P.O. Box 306, Brownsville, TX 78520. Astoria Corpus Christi Port Docks, P.O. Box 354, Astoria, OR 97103. 807 Petroleum Tower, 811 Carancahua Street, Coos Bay P.O. Box 245, Corpus Christi, TX 78403. U.S. Postal Services Building, 235 West An- Dallas-Fort Worth (Airport) derson Street, P.O. Box 454, Coos Bay, OR 97420. Dallas-Fort Worth Airport, P.O. Box 61063, Dallas-Ft. Worth Airport, TX 75261. Portland Del Rio Federal Building, room 657, 511 NW. Broad- way, Portland, OR 97209. U.S. Border Inspection Station, room 135, International Bridge, P.O. Box 1227, Del PENNSYLVANIA Rio, TX 78840.

Philadelphia Eagle Pass Custom House, room 1004, 2nd and Chestnut U.S. Border Station, 160 Garrison Street, Streets, Philadelphia, PA 19106. P.O. Box P, Eagle Pass, TX 78852.

PUERTO RICO *El Paso Mayaguez Cordova Border Station, room 172–A, 3600 East Paisano, El Paso, TX 79905. P.O. Box 3269, Marina Station, Mayaguez, PR 00708. Galveston Ponce Room 402, U.S. Post Office Building, 601 Rosenberg Street, P.O. Box 266, Galveston, P.O. Box 68, Ponce Playa Station, Ponce, PR TX 77553. 00731. Hidalgo Hato Rey U.S. Border Station, Bridge Street, P.O. Federal Office Building & U.S. Court House, Drawer R, Hidalgo, TX 78557. room 206, Hato Rey, PR 00918. *Houston Roosevelt Roads (Airport) Houston Plant Inspection Station, Roosevelt Roads Naval Station, P.O. Box 3016 McKaughan, Houston, TX 77032. 3008, Air Operations, FPO Miami, FL 34051. U.S. Appraisers Stores Building, room 210 7300 Wingate Street, Houston, TX 77011. *San Juan Isla Verde International Airport, Foreign Ar- Laredo rivals Wing, San Juan, PR 00904. La Posada Motel, rooms L8–13, 1000 Zaragoza Street, P.O. Box 277, Laredo, TX 78040. RHODE ISLAND Juarez-Lincoln International Bridge, 101 Warwick Santa Ursela, Laredo, TX 78040. U.S. International Bridge No. 1, 100 Convent 48 Quaker Lane, West Warwick, RI 02893. Avenue, Laredo, TX 78040.

SOUTH CAROLINA Port Arthur Charleston Federal Building, room 201, Fifth Street & Austin Avenue, P.O. Box 1227, Port Arthur, Room 513 Federal Building, P.O. Box 941, TX 77640. Charleston, SC 29402. Presidio TENNESSEE U.S. Border Station, International Bridge, Memphis P.O. Box 1001, Presidio, TX 79845.

Room 801 Mid Memphis Tower, 1407 Union Progreso Avenue, Memphis, TN 38104. Custom House Building, Progreso Inter- TEXAS national Bridge, Progreso, TX 78579.

*Brownsville Roma Border Services Building, room 224 (Gateway International Bridge, P.O. Box 185, Roma, Bridge), East Elizabeth and International TX 78584.

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San Antonio Subpart—Logs, Lumber, and Other International Satellite, room 15–S, 9700 Air- Unmanufactured Wood Articles port Boulevard, San Antonio, TX 78216.

VIRGIN ISLANDS OF THE UNITED STATES SOURCE: 60 FR 27674, May 25, 1995, unless otherwise noted. St. Thomas § 319.40–1 Definitions. Room 227, Federal Building, P.O. Box 8119, St. Thomas, Virgin Islands of the U.S. Administrator. The Administrator of 00801. the Animal and Plant Health Inspec- tion Service, United States Depart- (Airport) ment of Agriculture, or any employee Harry S. Truman Airport, Main Terminal of the United States Department of Ag- Building, St. Thomas, Virgin Islands of the riculture delegated to act in his or her U.S. 00801. stead. APHIS. The Animal and Plant Health St. Croix Inspection Service, United States De- Drawer 1548, Kingshill, St. Croix, Virgin Is- partment of Agriculture. lands of the U.S. 00850. Bark chips. Bark fragments broken or shredded from log or branch surfaces. VIRGINIA Certificate. A certificate of inspection Chantilly (Airport) relating to a regulated article, which is issued by an official authorized by the Dulles International Airport, International national government of the country in Arrivals Area, P.O. Box 17134, Washington, DC 20041. which the regulated article was pro- duced or grown, which contains a de- Newport News scription of the regulated article, P.O. Box 942, Newport News, VA 23607. which certifies that the regulated arti- cle has been inspected, is believed to be Norfolk free of plant pests, and is believed to be eligible for importation pursuant to Federal Building, room 311, 200 Granby Mall, Norfolk, VA 23510. the laws and regulations of the United States, and which may contain any WASHINGTON specific additional declarations re- quired under this subpart. Blaine Compliance agreement. A written Custom House, room 216, P.O. Drawer C, agreement between APHIS and a per- Blaine, WA 98230. son engaged in processing, handling, or moving regulated articles, in which the McChord AFB person agrees to comply with require- MAC Terminal, P.O. Box 4116, McChord Air ments contained in the agreement. Force Base, Tacoma, WA 98438. Departmental permit. A document *Seattle issued by the Administrator author- izing the importation of a regulated ar- Federal Office Building, room 9014, 909 First ticle for experimental, scientific, or Avenue, Seattle, WA 98174. educational purposes. (Airport) Exporter statement. A written declara- tion by the exporter, accompanying a Seattle-Tacoma International Airport, Se- shipment at the time of importation, attle, WA 98158. declaring the nature of the shipment WISCONSIN and that the shipment contains no solid wood packing material. Milwaukee Fines. Small particles or fragments of International Arrivals Terminal, General wood, slightly larger than sawdust, Mitchell Field, 5300 South Howell Avenue, that result from chipping, sawing, or Milwaukee, WI 53207. processing wood. [45 FR 31585, May 13, 1980, as amended at 54 Free from rot. No more than two per- FR 34133, Aug. 18, 1989; 57 FR 47978, Oct. 21, cent by weight of the regulated articles 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, in a lot show visual evidence of fruc- Oct. 1, 1996] tification of fungi or growth of other

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microorganisms that cause decay and plants or reproductive parts of para- the breakdown of cell walls in the regu- sitic plants, noxious weeds, viruses, or lated articles. any organism similar to or allied with General permit. A written authoriza- any of the foregoing, or any infectious tion contained in § 319.40–3 for any per- substances, which can injure or cause son to import the articles named by disease or damage in any plants, parts the general permit, in accordance with of plants, or any products of plants. the requirements specified by the gen- Port of first arrival. The area (such as eral permit, without being issued a spe- a seaport, airport, or land border sta- cific permit. tion) where a person or a means of con- Humus, compost, and litter. Partially veyance first arrives in the United or wholly decayed plant matter. States, and where inspection of regu- Import (imported, importation). To lated articles is carried out by inspec- bring or move into the territorial lim- tors. its of the United States. Primary processing. Any of the fol- Importer document. A written declara- lowing processes: cleaning (removal of tion signed by the importer of regu- soil, limbs, and foliage), debarking, lated articles, which must accompany rough sawing (bucking or squaring), the regulated articles at the time of rough shaping, spraying with fungicide importation, in which the importer ac- or insecticide sprays, and fumigation. curately declares information about Regulated article. The following arti- the regulated articles required to be cles, if they are unprocessed or have re- disclosed by § 319.40–2(b). ceived only primary processing: logs; Importer statement. A written declara- lumber; any whole tree; any cut tree or tion by the importer, for a shipment any portion of a tree, not solely con- containing solid wood packing mate- sisting of leaves, flowers, fruits, buds, rial from the Peoples Republic of China or seeds; bark; cork; laths; hog fuel; including Hong Kong, affirming that sawdust; painted raw wood products; the importer has on file at his or her excelsior (wood wool); wood chips; office the certificate required under § 319.40–5(g)(2)(i). wood mulch; wood shavings; pickets; Inspector. Any individual authorized stakes; shingles; solid wood packing by the Administrator to enforce this materials; humus; compost; and litter. subpart. Sealed container; sealable container. A Log. The bole of a tree; trimmed tim- completely enclosed container designed ber that has not been sawn further for the storage or transportation of than to form cants. cargo, and constructed of metal or fi- Loose wood packing material. Excelsior berglass, or other rigid material, pro- (wood wool), sawdust, and wood viding an enclosure which prevents the shavings, produced as a result of saw- entrance or exit of plant pests and is ing or shaving wood into small, slen- accessed through doors that can be der, and curved pieces. closed and secured with a lock or seal. Lot. All the regulated articles on a Sealed (sealable) containers are dis- single means of conveyance that are tinct and separable from the means of derived from the same species of tree conveyance carrying them. and were subjected to the same treat- Solid wood packing material. Wood ments prior to importation, and that packing materials other than loose are consigned to the same person. wood packing materials, used or for use Lumber. Logs that have been sawn with cargo to prevent damage, includ- into boards, planks, or structural mem- ing, but not limited to, dunnage, crat- bers such as beams. ing, pallets, packing blocks, drums, Permit. A specific permit to import a cases, and skids. regulated article issued in accordance Specific permit. A written document with § 319.40–4, or a general permit pro- issued by APHIS to the applicant in ac- mulgated in § 319.40–3. cordance with § 319.40–4 that authorizes Plant pest. Any living stage of any in- importation of articles in accordance sects, mites, nematodes, slugs, snails, with this subpart and specifies or refers protozoa, or other invertebrate ani- to the regulations applicable to the mals, bacteria, fungi, other parasitic particular importation.

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Treatment Manual. The Plant Protec- (3) The quantity of the regulated ar- tion and Quarantine Treatment Man- ticle to be imported; ual, which is incorporated by reference (4) The use for which the regulated at § 300.1 of this chapter in accordance article is imported; and with 5 U.S.C. 552(a) and 1 CFR part 51. (5) Any treatments or handling of the Tropical hardwoods. Hardwood timber regulated article required by this sub- species which grow only in tropical cli- part that were performed prior to ar- mates. rival at the port of first arrival. United States. All of the States of the (c) Regulation of articles imported for United States, the District of Colum- propagation or human consumption. The bia, Guam, the Northern Mariana Is- requirements of this subpart do not lands, Puerto Rico, the Virgin Islands of the United States, and all other ter- apply to regulated articles that are al- ritories and possessions of the United lowed importation in accordance with States. § 319.19, ‘‘Subpart—Citrus Canker and Wood chips. Wood fragments broken Other Citrus Diseases’’, or §§ 319.37 or shredded from any wood. through 319.37–14, ‘‘Subpart—Nursery Wood mulch. Bark chips, wood chips, Stock, Plants, Roots, Bulbs, Seeds, and wood shavings, or sawdust intended for Other Plant Products’’; or to regulated use as a protective or decorative articles imported for human consump- ground cover. tion that are allowed importation in accordance with §§ 319.56 through [60 FR 27674, May 25, 1995, as amended at 63 319.56–8, ‘‘Subpart—Fruits and Vegeta- FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, 1998; 65 FR 21127, Apr. 20, 2000] bles.’’ (d) Regulated articles imported for ex- § 319.40–2 General prohibitions and re- perimental, scientific or educational pur- strictions; relation to other regula- poses. Any regulated article may be im- tions. ported without further restriction (a) Permit required. Except for regu- under this subpart if: lated articles exempted from this re- (1) Imported by the United States De- quirement by paragraph (c) of this sec- partment of Agriculture for experi- tion or § 319.40–3, no regulated article mental, scientific, or educational pur- may be imported unless a specific per- poses; mit has been issued for importation of (2) Imported pursuant to a Depart- the regulated article in accordance mental permit issued by APHIS for the with § 319.40–4, and unless the regulated regulated article prior to its importa- article meets all other applicable re- tion and kept on file at the port of first quirements of this subpart and any re- arrival; and quirements specified by APHIS in the (3) Imported under conditions speci- specific permit. fied on the Departmental permit and (b) Importer document; documentation found by the Administrator to be ade- of type, quantity, and origin of regulated quate to prevent the introduction into articles. Except for regulated articles exempted from this requirement by the United States of plant pests. paragraph (c) of this section or § 319.40– (e) Designation of additional regulated 3, no regulated article may be imported articles. An inspector may designate unless it is accompanied by an im- any article as a regulated article by porter document stating the following giving written notice of the designa- information. A certificate that con- tion to the owner or person in posses- tains this information may be used in sion or control of the article. APHIS lieu of an importer document at the op- will implement rulemaking to add arti- tion of the importer: cles designated as regulated articles to (1) The genus and species of the tree the definition of regulated article in from which the regulated article was § 319.40–1 if importation of the article derived; appears to present a recurring signifi- (2) The country, and locality if cant risk of introducing plant pests. In- known, where the tree from which the spectors may designate an article as a regulated article was derived was har- regulated article after determining vested; that:

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(1) The article was imported in the (i) The solid wood packing materials same container or hold as a regulated are subject to the inspection and other article; requirements in § 319.40–9; and (2) Other articles of the same type (ii) The solid wood packing materials imported from the same country have must be accompanied at the time of been found to carry plant pests; or importation by an importer document, (3) The article appears to be contami- stating that the solid wood packing nated with regulated articles or soil. materials are totally free from bark, (f) In addition to meeting the re- and apparently free from live plant quirements of this subpart, logs and pests. pulpwood with bark attached imported (2) Free of bark; used with regulated ar- from Canada are subject to the inspec- ticles. APHIS hereby issues a general tion and certification requirements for permit to import regulated articles au- gypsy moth in § 319.77–4 of this part. thorized by this paragraph, except that solid wood packing material from the [60 FR 27674, May 25, 1995, as amended at 63 People’s Republic of China including FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, Hong Kong must be imported in ac- 1999] cordance with § 319.40–5(g), (h), and (i). Solid wood packing materials that are § 319.40–3 General permits; articles completely free of bark and are in ac- that may be imported without a specific permit; articles that may be tual use at the time of importation as imported without either a specific packing materials for regulated arti- permit or an importer document. cles may be imported without restric- tion under this subpart, except that: (a) Canada and Mexico. APHIS hereby (i) The solid wood packing materials issues a general permit to import arti- are subject to the inspection and other cles authorized by this paragraph. Reg- requirements in § 319.40–9; ulated articles from Canada and from (ii) The solid wood packing materials states in Mexico adjacent to the United must be accompanied at the time of States border, other than regulated ar- importation by an importer document, ticles of the subfamilies Aurantioideae, stating that the solid wood packing Rutoideae, and Toddalioideae of the materials are totally free from bark, botanical family Rutaceae, may be im- and apparently free from live plant ported without restriction under this pests; and subpart, except that they must be ac- (iii) The solid wood packing mate- companied by an importer document rials must be accompanied at the time stating that the regulated articles are of importation by an importer docu- derived from trees harvested in, and ment, stating that the solid wood pack- have never been moved outside, Canada ing materials have been heat treated, or states in Mexico adjacent to the fumigated, or treated with preserva- United States border, and except that tives in accordance with § 319.40–7, or they are subject to the inspection and meet all the importation and entry other requirements in § 319.40–9. conditions required for the regulated (b) Solid wood packing materials—(1) article the solid wood packing material Free of bark; used with non-regulated ar- is used to move. ticles. APHIS hereby issues a general (3) Not free of bark; used with regulated permit to import regulated articles au- or nonregulated articles. APHIS hereby thorized by this paragraph, except that issues a general permit to import regu- solid wood packing material from the lated articles authorized by this para- People’s Republic of China including graph, except that solid wood packing Hong Kong must be imported in ac- material from the People’s Republic of cordance with § 319.40–5(g), (h), and (i). China including Hong Kong must be Solid wood packing materials that are imported in accordance with § 319.40– completely free of bark and are in ac- 5(g), (h), and (i). Solid wood packing tual use at the time of importation as materials that are not completely free packing materials for articles which of bark and are in actual use as pack- are not regulated articles may be im- ing at the time of importation may be ported without restriction under this imported without restriction under subpart, except that: this subpart, except that:

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(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 [60 FR 27674, May 25, 1995, as amended at 63 importation by an importer document, FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, stating that the solid wood packing 1998] materials have been heat treated, fu- migated, or treated with preservatives § 319.40–4 Application for a permit to in accordance with § 319.40–7. import regulated articles; issuance (4) Pallets moved as cargo. APHIS and withdrawal of permits. hereby issues a general permit to im- (a) Application procedure. A written port regulated articles authorized by application for a permit 1 must be sub- this paragraph. Pallets that are com- mitted to the Animal and Plant Health pletely free of bark and that are not in Inspection Service, Plant Protection actual use as packing at the time of and Quarantine, Port Operations Per- importation (i.e., pallets moved as mit Unit, 4700 River Road Unit 136, Riv- cargo) may be imported without re- erdale, MD 20737–1236. The completed striction under this subpart, except application must include the following that: information: (i) The pallets are subject to the in- (1) The specific type of regulated ar- spection and other requirements in ticle to be imported, including the § 319.40–9; and genus and species name of the tree (ii) The pallets are accompanied by from which the regulated article was an importer document stating that the derived; pallets were previously eligible for im- (2) Country, and locality if known, portation in accordance with para- where the tree from which the regu- graph (b) of this section and have not lated article was derived was har- had wood added to them since that use. vested; Solid wood packing materials other (3) The quantity of the regulated ar- than pallets that are imported as cargo ticle to be imported; must be imported in accordance with (4) A description of any processing, the requirements of this subpart for treatment or handling of the regulated raw lumber. article to be performed prior to impor- (c) Loose wood packing materials. tation, including the location where APHIS hereby issues a general permit any processing or treatment was or to import regulated articles authorized will be performed and the names and by this paragraph. Loose wood packing dosage of any chemicals employed in materials (whether in use as packing or treatments; imported as cargo) that are dry may be (5) A description of any processing, imported subject to the inspection and treatment, or handling of the regulated other requirements in § 319.40–9 and article intended to be performed fol- without further restriction under this lowing importation, including the loca- subpart. tion where any processing or treatment (d) Bamboo timber. APHIS hereby will be performed and the names and issues a general permit to import regu- dosage of any chemicals employed in lated articles authorized by this para- treatments; graph. Bamboo timber which is free of (6) Whether the regulated article will leaves and seeds and has been sawn or or will not be imported in a sealed con- split lengthwise and dried may be im- tainer or in a hold; ported subject to the inspection and other requirements in § 319.40–9 and 1 Application forms for permits are avail- without further restriction under this able without charge from the Administrator, subpart. c/o the Permit Unit, Plant Protection and (e) Regulated articles the permit process Quarantine, Animal and Plant Health In- spection Service, U.S. Department of Agri- has determined to present no plant pest culture, 4700 River Road, Riverdale, MD risk. Regulated articles for which a spe- 20737, or local offices of Plant Protection and cific permit has been issued in accord- Quarantine, which are listed in telephone di- ance with § 319.40–4(b)(2)(i) may be im- rectories.

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(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; tions to this subpart, and after the reg- (9) The destination and general in- ulations are effective, may issue a per- tended use of the regulated article; mit for importation of the regulated (10) The name and address of the ap- article. (3) No permit will be issued to an ap- plicant and, if the applicant’s address plicant who has had a permit with- is not within the United States, the drawn under paragraph (d) of this sec- name and address of an agent in the tion during the 12 months prior to re- United States whom the applicant ceipt of the permit application by names for acceptance of service of APHIS, unless the withdrawn permit process; and has been reinstated upon appeal. (11) A statement certifying the appli- (c) Permit does not guarantee eligibility cant as the importer of record. for import. Even if a permit has been (b) Review of application and issuance issued for the importation of a regu- of permit. After receipt and review of lated article, the regulated article may the application, APHIS shall determine be imported only if all applicable re- whether it appears that the regulated quirements of this subpart are met and article at the time of importation will only if an inspector at the port of first meet either the specific importation arrival determines that no remedial requirements in § 319.40–5 or the uni- measures are necessary pursuant to the versal importation requirements in Plant Protection Act with respect to § 319.40–6. the regulated article.2 (1) If it appears that the regulated ar- (d) Denial and withdrawal of permits. ticle proposed for importation will Any permit which has been issued may meet the requirements of either be withdrawn by an inspector or the § 319.40–5 or § 319.40–6, a permit stating Administrator if he or she determines the applicable conditions for importa- that the person to whom the permit tion under this subpart shall be issued was issued has violated any require- for the importation of the regulated ar- ment of this subpart. If the withdrawal ticle identified in the application. is oral, the decision to withdraw the (2) If it appears that the regulated ar- permit and the reasons for the with- ticle proposed for importation will not drawal of the permit shall be confirmed meet the requirements of either in writing as promptly as cir- § 319.40–5 or § 319.40–6 because these sec- cumstances permit. Any person whose tions do not address the particular reg- permit has been denied or withdrawn ulated article identified in the applica- may appeal the decision in writing to tion, APHIS shall review the applica- the Administrator within 10 days after tion by applying the plant pest risk as- receiving the written notification of sessment standards specified in § 319.40– the withdrawal. The appeal shall state all of the facts and reasons upon which 11. the person relies to show that the per- (i) If this review reveals that impor- mit was wrongfully denied or with- tation of the regulated article under a drawn. The Administrator shall grant permit and subject to the inspection or deny the appeal, in writing, stating and other requirements in § 319.40–9, the reasons for granting or denying the but without any further conditions, appeal as promptly as circumstances will not result in the introduction of permit. If there is a conflict as to any plant pests into the United States, a permit for importation of the regulated 2 article shall be issued. The permit may An inspector may hold, seize, quarantine, treat, apply other remedial measures to, de- only be issued in unique and unforeseen stroy, or otherwise dispose of plants, plant circumstances when the importation of pests, or other articles in accordance with the regulated article is not expected to sections 414, 421, and 434 of the Plant Protec- recur. tion Act (7 U.S.C. 7714, 7731, and 7754).

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material fact and the person from ing materials are exported to the whom the permit is withdrawn re- United States. quests a hearing, a hearing shall be (D) During shipment to the United held to resolve the conflict. Rules of States, no other regulated article is practice concerning the hearing shall permitted on the means of conveyance be adopted by the Administrator. with the logs, unless the logs and the other regulated articles are in separate [60 FR 27674, May 25, 1995, as amended at 66 holds or separate sealed containers, or, FR 21056, Apr. 27, 2001] if the logs and other regulated articles § 319.40–5 Importation and entry re- are mixed in a hold or sealed container, quirements for specified articles. the other regulated articles either have been heat treated with moisture reduc- (a) Bamboo timber. Bamboo timber tion in accordance with § 319.40–7(d), or consisting of whole culms or canes may have been fumigated in the hold or be imported into Guam or the Northern sealable container in accordance with Mariana Islands subject to inspection paragraph (b)(1)(i)(C) of this section. and other requirements of § 319.40–9. (ii) Requirements upon arrival in the Bamboo timber consisting of whole United States. The following require- culms or canes that are completely dry ments apply upon arrival of the logs in as evidenced by lack of moisture in the United States. node tissue may be imported into any (A) The logs must be kept segregated part of the United States subject to in- from other regulated articles from the spection and other requirements of time of discharge from the means of § 319.40–9. conveyance until the logs are com- (b) Monterey pine logs and lumber from pletely processed at a facility in the Chile and New Zealand; Douglas-fir logs United States that operates under a and lumber from New Zealand—(1) Logs— compliance agreement in accordance (i) Requirements prior to importation. with § 319.40–8. Monterey or Radiata pine (Pinus (B) The logs must be moved from the radiata) logs from Chile or New Zealand port of first arrival to the facility that and Douglas-fir (Pseudotsuga menziesii) operates under a compliance agree- logs from New Zealand that are accom- ment in accordance with § 319.40–8 by as panied by a certificate stating that the direct a route as reasonably possible. logs meet the requirements of para- (iii) Requirements at the processing fa- graph (b)(1)(i) (A) through (D) of this cility. The logs must be consigned to a section, and that are consigned to a fa- facility operating under a compliance cility in the United States that oper- agreement in accordance with § 319.40–8 ates in accordance with § 319.40–8, may that includes the following require- be imported in accordance with para- ments: graphs (b)(1)(i)(A) through (b)(1)(iii) of (A) Logs or any products generated this section. from logs, including lumber, must be (A) The logs must be from live heat treated in accordance with healthy trees which are apparently free § 319.40–7(c), or heat treated with mois- of plant pests, plant pest damage, and ture reduction in accordance with decay organisms. § 319.40–7(d). (B) The logs must be debarked in ac- (B) The logs, including sawdust, wood cordance with § 319.40–7(b) prior to fu- chips, or other products generated from migation. the logs in the United States, must be (C) The logs and any solid wood pack- processed in accordance with para- ing materials to be used with the logs graph (b)(1)(iii) of this section within 60 during shipment to the United States days from the time the logs are re- must be fumigated in accordance with leased from the port of first arrival. § 319.40–7(f)(1), within 45 days following (C) Sawdust, wood chips, and waste the date the trees are felled and prior generated by sawing or processing the to arrival of the logs in the United logs must be disposed of by burning, States, in the holds or in sealable con- heat treatment in accordance with tainers. Fumigation must be conducted § 319.40–7(c), heat treatment with mois- in the same sealable container or hold ture reduction in accordance with in which the logs and solid wood pack- § 319.40–7(d), or other processing that

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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 tion in accordance with § 319.40–7(f)(3), United 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 § 319.40–7(d). Wood chips, sawdust, and inspection and other requirements of waste may be moved in enclosed trucks § 319.40–9. for processing at another facility oper- (d) Temperate hardwoods. Temperate ating under a compliance agreement in hardwood logs and lumber (with or accordance with § 319.40–8. without bark) from all places except (2) Raw lumber. Raw lumber, includ- places in Asia that are east of 60° East ing solid wood packing materials im- Longitude and north of the Tropic of ported as cargo, from Chile or New Zea- Cancer may be imported if fumigated land derived from Monterey or Radiata in accordance with § 319.40–7(f) prior to pine (Pinus radiata) logs and raw lum- arrival in the United States and sub- ber from New Zealand derived from ject to the inspection and other re- Douglas-fir (Pseudotsuga menziesii) logs quirements of § 319.40–9. may be imported in accordance with (e) Regulated articles associated with paragraphs (b)(2) (i) and (ii) of this sec- exclusively tropical climate pests. Regu- tion. lated articles that have been identified (i) During shipment to the United by a plant pest risk assessment as asso- States, no other regulated article ciated solely with plant pests that can (other than solid wood packing mate- successfully become established only in rials) is permitted on the means of con- tropical or subtropical climates may be veyance with the raw lumber, unless imported if: the raw lumber and the other regulated (1) The regulated article is imported articles are in separate holds or sepa- only to a destination in the conti- rate sealed containers; Except for mixed nental United States; and, shipments of logs and raw lumber fumi- (2) the regulated article is not im- gated in accordance with § 319.40–7(f)(2) ported into any tropical or subtropical and moved in accordance with para- areas of the United States specified in graph (b)(1)(i)(D) of this section. Raw the permit. lumber on the vessel’s deck must be in (f) Cross-ties (railroad ties) from all a sealed container. places except places in Asia that are (ii) The raw lumber must be con- east of 60° East Longitude and north of signed to a facility operating under a the Tropic of Cancer may be imported compliance agreement in accordance if completely free of bark and accom- with § 319.40–8 that requires the raw panied by an importer document stat- lumber to be heat treated in accord- ing that the cross-ties will be pressure ance with § 319.40–7(c) or heat treated treated within 30 days following the with moisture reduction in accordance date of importation. with § 319.40–7(d) before any cutting, (g) Solid wood packing material and planing, or sawing of the raw lumber, merchandise from the Peoples Republic of and within 30 days from the time the China including Hong Kong. This para- lumber is released from the port of graph does not apply to shipments first arrival. transitting the Peoples Republic of (c) Tropical hardwoods—(1) Debarked. China including Hong Kong from other Tropical hardwood logs and lumber countries en route to the United that have been debarked in accordance States, unless merchandise or solid with § 319.40–7(b) may be imported sub- wood packing material is added to such ject to the inspection and other re- shipments while in the Peoples Repub- quirements of § 319.40–9. lic of China including Hong Kong. Oth- (2) Not debarked. Tropical hardwood erwise, merchandise exported from the logs that have not been debarked may Peoples Republic of China including

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Hong Kong that is accompanied by under paragraph (g)(2)(i) of this sec- solid wood packing material may only tion). be entered into the United States in ac- (3) In addition to the document re- cordance with this paragraph (g) and quirements of paragraph (g)(2) of this paragraph (i) of this section. This re- section, a copy of the certificate must striction applies to both merchandise accompany all shipments that do not that originated in the Peoples Republic enter using the United States Customs of China including Hong Kong and mer- Service’s electronic entry filing and chandise that entered the Peoples Re- Automated Broker Interface. public of China including Hong Kong (4) Upon the request of an APHIS in- for further processing or packaging, re- spector or a United States Customs gardless of whether the merchandise Service officer, the importer must moves directly from the Peoples Re- produce a copy of the certificate and public of China including Hong Kong to importer statement issued for any the United States or transits other shipment. countries en route to the United (5) At their option, in order to expe- States. dite release of a shipment, an importer (1) Prior to exportation from the Peo- may provide a certificate to the APHIS ples Republic of China including Hong inspector at the port of first arrival Kong, any solid wood packing material prior to the arrival of the shipment. must be heat treated, fumigated and Exporters may also at their option, in aerated, or treated with preservatives, order to expedite release of their ship- using a treatment schedule contained ment at the port of first arrival, ar- in § 319.40–7 or in the Plant Protection range to have each article of solid wood and Quarantine Treatment Manual, packing material that has been treated which is incorporated by reference at marked at the treatment facility with § 300.1 of this chapter. During the entire a stamp or weatherproof label that interval between treatment and export reads CHINA TREATED. This type of the solid wood packing material must marking, however, is not a substitute be stored, handled, or safeguarded in a for the required certificate. manner which excludes any infestation (6) If an APHIS inspector determines of the solid wood packing material by that a shipment imported from the plant pests. Peoples Republic of China including (2) Any merchandise accompanied by Hong Kong contains plant pests, or solid wood packing material exported contains solid wood packing material from the Peoples Republic of China in- that was not heat treated, fumigated cluding Hong Kong may only be en- and aerated, or treated with preserva- tered if the importer has on file at its tives, the APHIS inspector may refuse office, and retains there for a period of entry of the entire shipment (merchan- one year following the date of importa- dise and solid wood packing material). tion, the following documents: If an importer does not produce upon (i) A certificate signed by an official request by an APHIS inspector the cer- of the applicable government agency tificate required for a shipment im- authorized by the government of the ported from the Peoples Republic of Peoples Republic of China or the gov- China including Hong Kong containing ernment of the Hong Kong Special Ad- solid wood packing material, the ministrative Region, stating that the APHIS inspector may refuse entry into solid wood packing material, prior to the United States of the entire ship- export from the Peoples Republic of ment (merchandise and solid wood China including Hong Kong, has been packing material) until the certificate heat treated, fumigated and aerated, or is produced. For any shipment refused treated with preservatives using a entry, if the APHIS inspector deter- treatment schedule contained in mines that the merchandise may be § 319.40–7 or in the Plant Protection and separated from the solid wood packing Quarantine Treatment Manual, and material and that the solid wood pack- (ii) An importer statement (a written ing material may be destroyed or reex- statement by the importer affirming ported without risk of spreading plant that the importer has on file at his or pests, the inspector may allow the im- her office the certificate required porter to separate the merchandise

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from the solid wood packing material charged to the importer’s customs at a location and within a time period bond. specified by the inspector to prevent (i) Special provisions for air overnight the dissemination of plant pests, and couriers and air express delivery compa- destroy or reexport the solid wood nies. Overnight couriers and express de- packing material under supervision of livery companies must present to an an inspector. The means used to de- APHIS inspector at the port of first ar- stroy solid wood packing material rival, at or prior to the time of entry, under this section must be inciner- one or more certificates for each arriv- ation, or chipping followed by inciner- ing aircraft that carries packages em- ation. The importer shall be respon- ploying solid wood packing material. sible for all costs associated with in- The company may present one certifi- spection, separation, and destruction cate in cases where the company has or reexportation of any solid wood arranged treatment of all solid wood packing material, including costs of packing material on the flight, and the services of an inspector to monitor may present multiple certificates in such activities, in accordance with cases where packages with solid wood § 354.3(j) of this chapter. Any such costs packing material were accepted for de- may be charged to the importer’s cus- livery by the company from multiple toms bond. customers, each of whom arranged for (h) Cargo from the Peoples Republic of treatment and certification of their re- China including Hong Kong that does not spective packages. The certificates contain solid wood packing material. must be signed by an official of the ap- Merchandise exported from the Peoples plicable government agency authorized Republic of China including Hong Kong by the government of the Peoples Re- that is not accompanied by any solid public of China or the Hong Kong Spe- wood packing material must have at- cial Administrative Region, and must tached to the commercial invoice, the state that the solid wood packing ma- bill of lading, or the airway bill, an ex- terial, prior to export from the Peoples porter statement stating that the ship- Republic of China including Hong ment contains no solid wood packing Kong, has been heat treated, fumigated material. As an alternative to attach- and aerated, or treated with preserva- ing the exporter statement to the pa- tives using a treatment schedule con- perwork presented at entry, the im- tained in § 319.40–7 or in the Plant Pro- porter may provide the exporter state- tection and Quarantine Treatment ment to the APHIS inspector at the Manual. If the aircraft contains no port of entry prior to arrival of the packages that employ solid wood pack- shipment. Any shipment is subject to ing material, or contains both pack- inspection for solid wood packing ma- ages that do and do not employ solid terial, and if such inspection is ordered wood packing material, the overnight by an inspector, the shipment will not courier or express delivery company be granted entry into the United must also present to an APHIS inspec- States prior to completion of the in- tor at the port of first arrival, at or spection. If the inspection reveals solid prior to the time of entry, one or more wood packing material, the inspector exporter statements stating that the may refuse entry into the United packages on the aircraft not covered by States of the entire shipment (mer- a certificate contain no solid wood chandise and solid wood packing mate- packing material. rial). Any shipment refused entry will (j) Customs entry or entry summary fil- be handled in accordance with the pro- ing requirements. By instruction, the cedures in paragraph (g)(6) of this sec- United States Customs Service will in- tion. The importer shall be responsible form importers of any information that for all costs associated with inspection, may be required on entry or entry sum- separation, and destruction or reexpor- mary documentation under the Auto- tation of any solid wood packing mate- mated Broker Interface or other entry rial, including costs of the services of filing systems, electronic or otherwise, an inspector to monitor such activities with regard to recording the existence in accordance with § 354.3(j) of this of certificates, importer statements af- chapter. Any such costs may be firming that the importer has on file at

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his or her office any certificate re- treated with moisture reduction in ac- quired, and exporter statements that cordance with § 319.40–7(d). there is no solid wood packing material (ii) If lumber has been heat treated in in a shipment. accordance with § 319.40–7(c), that fact (k) Liability under the Customs import must be stated on the importer docu- bond and international carrier bond. Any ment, or by a permanent marking on failure of an importer to comply with each piece of lumber in the form of the any of the provisions regarding the letters ‘‘HT’’ or the words ‘‘Heat Treat- maintenance or presentation of records ed.’’ If lumber has been heat treated or information as prescribed in this with moisture reduction in accordance subpart may result in liability under with § 319.40–7(d), that fact must be the Customs basic import bond. Any stated on the importer document, or by failure of a carrier to comply with any a permanent marking, on each piece of of the provisions regarding the mainte- lumber or on the cover of bundles of nance or presentation of records or in- lumber, in the form of the letters ‘‘KD’’ formation as prescribed in this subpart or the words ‘‘Kiln Dried.’’ may result in liability under the inter- (2) Raw lumber. Raw lumber, includ- national carrier bond. ing solid wood packing materials im- ported as cargo, from all places except [60 FR 27674, May 25, 1995, as amended at 63 places in Asia that are east of 60° East FR 69542, Dec. 17, 1998; 64 FR 59604, Nov. 3, Longitude and north of the Tropic of 1999] Cancer may be imported in accordance with paragraphs (b)(2) (i) and (ii) of this § 319.40–6 Universal importation op- tions. section. (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 (other than solid wood packing mate- cutting, planing, or sawing of the raw rials) is permitted on the means of con- lumber. veyance with the lumber, unless the (c) Wood chips and bark chips—(1) lumber and the other regulated articles From Chile. Wood chips from Chile that are in separate holds or separate sealed are derived from Monterey or Radiata containers, or, if the lumber and other pine (Pinus radiata) logs may be im- regulated articles are mixed in a hold ported in accordance with § 319.40– or sealed container, all the regulated 6(c)(2) or in accordance with the fol- articles have been heat treated in ac- lowing requirements: cordance with § 319.40–7(c), or heat (i) The wood chips must be accom- treated with moisture reduction in ac- panied by a certificate stating that the cordance with § 319.40–7(d). Lumber on wood chips meet the requirements in the vessel’s deck must be in a sealed paragraphs (c)(1)(i)(A) through container, unless it has been heat (c)(1)(i)(C) of this section.

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(A) The wood chips were treated with age area must not be adjacent to wood- a surface pesticide treatment in ac- ed areas. cordance with § 319.40–7(e) within 24 (D) The wood chips must be processed hours after the log was chipped and within 45 days of arrival at the facility. were retreated with a surface pesticide Any fines or unusable wood chips must treatment in accordance with § 319.40– be disposed of by burning within 45 7(e) if more than 30 days elapsed be- days of arrival at the facility. tween the date of the first treatment (2) From locations other than certain and the date of export to the United places in Asia. Wood chips and bark States. chips from any place except places in (B) The wood chips were derived from Asia that are east of 60° east longitude logs from live, healthy, plantation- and north of the Tropic of Cancer may grown trees that were apparently free be imported in accordance with this of plant pests, plant pest damage, and paragraph. decay organisms, and the logs used to (i) The wood chips or bark chips must make the wood chips were debarked in be accompanied by an importer docu- accordance with § 319.40–7(b) before ment stating that the wood chips or being chipped. bark chips were either: (C) No more than 45 days elapsed (A) Derived from live, healthy, trop- from the time the trees used to make ical species of plantation-grown trees the wood chips were felled to the time grown in tropical areas; or the wood chips were exported. (B) Fumigated with methyl bromide in accordance with § 319.40–7(f)(3), heat (ii) During shipment to the United treated in accordance with § 319.40–7(c), States, no other regulated articles or heat treated with moisture reduc- (other than solid wood packing mate- tion in accordance with § 319.40–7(d). rials) are permitted in the holds or (ii) During shipment to the United sealed containers carrying the wood States, no other regulated articles chips. Wood chips on the vessel’s deck (other than solid wood packing mate- must be in a sealed container. rials) are permitted in the holds or (iii) The wood chips must be con- sealed containers carrying the wood signed to a facility in the United chips or bark chips. Wood chips or bark States that operates under a compli- chips on the vessel’s deck must be in a ance agreement in accordance with sealed container; Except that: If the § 319.40–8. The following requirements wood chips or bark chips are derived apply upon arrival of the wood chips in from live, healthy, plantation-grown the United States: trees in tropical areas, they may be (A) Upon arrival in the United shipped on deck if no other regulated States, the wood chips must be un- articles are present on the vessel and loaded by a conveyor that is covered to the wood chips or bark chips are com- prevent the chips from being blown by pletely covered by a tarpaulin during the wind and from accidental spillage. the entire journey directly to the The facility receiving the wood chips United States. must have a procedure in place to re- (iii) The wood chips or bark chips trieve any chips that fall during un- must be free from rot at the time of loading. importation, unless accompanied by an (B) If the wood chips must be trans- importer document stating that the en- ported after arrival, the chips must be tire lot was fumigated with methyl covered or safeguarded in a manner bromide in accordance with § 319.40– that prevents the chips from spilling or 7(f)(3), heat treated in accordance with falling off the means of conveyance or § 319.40–7(c), or heat treated with mois- from being blown off the means of con- ture reduction in accordance with veyance by wind. § 319.40–7(d). (C) The wood chips must be stored at (iv) Wood chips or bark chips im- the facility on a paved surface and ported in accordance with this para- must be kept segregated from other graph must be consigned to a facility regulated articles from the time of dis- operating under a compliance agree- charge from the means of conveyance ment in accordance with § 319.40–8. The until the chips are processed. The stor- wood chips or bark chips must be

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burned, heat treated in accordance of all regulated articles in a lot may with § 319.40–7(c), heat treated with retain bark, with no single regulated moisture reduction in accordance with article retaining bark on more than 5 § 319.40–7(d), or otherwise processed in a percent of its surface. For raw lumber, manner that will destroy any plant debarking must remove 100 percent of pests associated with the wood chips or the bark. bark chips within 30 days of arrival at (c) Heat treatment. Heat treatment the facility. If the wood chips or bark must be performed only at a facility chips are to be used for mulching or where APHIS or an inspector author- composting, they must first be fumi- ized by the Administrator and the na- gated in accordance with § 319.40–7(f)(3), tional government of the country in heat treated in accordance with which the facility is located has in- § 319.40–7(c), or heat treated with mois- spected the facility and determined ture reduction in accordance with that its operation complies with the § 319.40–7(d). standards of this paragraph. Heat (d) Wood mulch, humus, compost, and treatment procedures may employ litter. Wood mulch, humus, compost, steam, hot water, kilns, exposure to and litter may be imported if accom- microwave energy, or any other meth- panied by an importer document stat- od (e.g., the hot water and steam tech- ing that the wood mulch, humus, com- niques used in veneer production) that post, or litter was fumigated in accord- raises the temperature of the center of ance with § 319.40–7(f)(3), heat treated in each treated regulated article to at accordance with § 319.40–7(c), or heat least 71.1 °C and maintains the regu- treated with moisture reduction in ac- lated article at that center tempera- cordance with § 319.40–7(d). ture for at least 75 minutes. For regu- (e) Cork and bark. Cork and cork lated articles heat treated prior to ar- bark, cinnamon bark, and other bark rival in the United States, during the to be used for food, manufacture of entire interval between treatment and medicine, or chemical extraction may export the regulated article must be be imported if free from rot at the time stored, handled, or safeguarded in a of importation and subject to the in- manner which excludes any infestation spection and other requirements of of the regulated article by plant pests. § 319.40–9. (d) Heat treatment with moisture reduc- [60 FR 27679, May 25, 1995; 60 FR 30157, June tion. (1) Heat treatment with moisture 7, 1995, as amended at 65 FR 21127, Apr. 20, reduction may employ: 2000] (i) Kiln drying conducted in accord- ance with the schedules prescribed for § 319.40–7 Treatments and safeguards. the regulated article in the Dry Kiln (a) Certification of treatments or safe- Operator’s Manual, Agriculture Hand- guards. If APHIS determines that a book 188, which is incorporated by ref- document required for the importation erence at § 300.2 of this chapter; or, of regulated articles is inaccurate, the (ii) Dry heat, exposure to microwave regulated articles which are the sub- energy, or any other method that ject of the certificate or other docu- raises the temperature of the center of ment shall be refused entry into the each treated regulated article to at United States. In addition, APHIS may least 71.1 °C, maintains the regulated determine not to accept any further articles at that center temperature for certificates for the importation of reg- at least 75 minutes, and reduces the ulated articles in accordance with this moisture content of the regulated arti- subpart from a country in which an in- cle to 20 percent or less as measured by accurate certificate is issued, and an electrical conductivity meter. APHIS may determine not to allow the (2) For regulated articles heat treat- importation of any or all regulated ar- ed with moisture reduction prior to ar- ticles from any such country, until cor- rival in the United States, during the rective action acceptable to APHIS es- entire interval between treatment and tablishes that certificates issued in export the regulated article must be that country will be accurate. stored, handled, or safeguarded in a (b) Debarking. Except for raw lumber, manner which excludes any infestation no more than 2 percent of the surface of the regulated article by plant pests.

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(e) Surface pesticide treatments. All cordance with the Treatment Manual United States Environmental Protec- and label instructions approved by the tion Agency registered surface pes- U.S. Environmental Protection Agen- ticide treatments are authorized for cy. regulated articles imported in accord- (1) Logs—(i) T–312 schedule. The entire ance with this subpart, except that log and the ambient air must be at a Pinus radiata wood chips from Chile temperature of 5 °C or above through- must be treated in accordance with out fumigation. The fumigation must § 319.40–7(e)(2). Surface pesticide treat- be conducted using schedule T–312 con- ments must be conducted in accord- tained in the Treatment Manual. In ance with label directions approved by lieu of the schedule T–312 methyl bro- the United States Environmental Pro- mide concentration, fumigation may tection Agency. Under the following be conducted with an initial methyl circumstances, surface pesticide treat- bromide concentration of at least 240 g/ ments must also be conducted as fol- m3 with exposure and concentration lows: levels adequate to provide a concentra- (1) Heat treated logs. When used on tion-time product of at least 17,280 heat treated logs, a surface pesticide gram-hours calculated on the initial treatment must be first applied within methyl bromide concentration. 48 hours following heat treatment. The (ii) T–404 schedule. The entire log and surface pesticide treatment must be re- the ambient air must be at a tempera- peated at least every 30 days during ture of 5 °C or above throughout fumi- storage of the regulated article, with gation. The fumigation must be con- the final treatment occurring no more ducted using schedule T–404 contained than 30 days prior to departure of the in the Treatment Manual. In lieu of the means of conveyance that carries the schedule T–404 methyl bromide con- regulated articles to the United States. centration, fumigation may be con- (2) Pinus radiata wood chips from ducted with an initial methyl bromide Chile. When used on Pinus radiata wood concentration of at least 120 g/m3 with chips from Chile, a surface pesticide exposure and concentration levels ade- consisting of the following must be quate to provide a concentration-time used: A mixture of a fungicide con- product of at least 1920 gram-hours cal- taining 64.8percent of the active ingre- culated on the initial methyl bromide dient didecyl dimethyl ammonium concentration. chloride and 7.6 percent of the active (2) Lumber. The lumber and the ambi- ingredient 3-iodo-2-propynl ent air must be at a temperature of 5 butylcarbamate and an insecticide con- °C or above throughout fumigation. taining 44.9percent of the active ingre- The fumigation must be conducted dient chlorpyrifos phosphorothioate. using schedule T–404 contained in the The wood chips must be sprayed with Treatment Manual. In lieu of the the pesticide so that all the chips are schedule T–404 methyl bromide con- exposed to the chemical on all sides. centration, fumigation may be con- During the entire interval between ducted with an initial methyl bromide treatment and export, the wood chips concentration of at least 120 g/m3 with must be stored, handled, or safeguarded exposure and concentration levels ade- in a manner that prevents any infesta- quate to provide a concentration-time tion of the wood chips by plant pests. product of at least 1920 gram-hours cal- (f) Methyl bromide fumigation. The fol- culated on the initial methyl bromide lowing minimum standards for methyl concentration. bromide fumigation treatment are au- (3) Regulated articles other than logs or thorized for the regulated articles list- lumber. (i) If the ambient air and the ed in paragraphs (f)(1) through (f)(3) of regulated articles other than logs or this section. Any method of fumigation lumber are at a temperature of 21 °C or that meets or exceeds the specified above throughout fumigation, the fu- temperature/time/concentration prod- migation must be conducted using ucts is acceptable. Following fumiga- schedule T–404 contained in the Treat- tion, fumigated products must be aer- ment Manual. In lieu of the schedule ated to reduce the concentration of fu- T–404 methyl bromide concentration, migant below hazardous levels, in ac- fumigation may be conducted with an

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initial methyl bromide concentration obtained from the Administrator or an of at least 48 g/m3 with exposure and inspector. concentration levels adequate to pro- (b) Any compliance agreement may vide a concentration-time product of at be canceled by the inspector who is su- least 760 gram-hours calculated on the pervising its enforcement, orally or in initial methyl bromide concentration. writing, whenever the inspector finds (ii) If the ambient air and the regu- that the person who entered into the lated articles other than logs or lumber compliance agreement has failed to are at a temperature of 4.5–20.5 °C comply with the conditions of the com- throughout fumigation, the fumigation pliance agreement. If the cancellation must be conducted using schedule T– is oral, the decision to cancel the com- 404 contained in the Treatment Man- pliance agreement and the reasons for ual. In lieu of the schedule T–404 meth- cancellation of the compliance agree- yl bromide concentration, fumigation ment shall be confirmed in writing, as may be conducted with an initial meth- promptly as circumstances permit. yl bromide concentration of at least 120 Any person whose compliance agree- g/m3 with exposure and concentration ment has been canceled may appeal the levels adequate to provide a concentra- decision in writing to the Adminis- tion-time product of at least 1920 gram- trator within 10 days after receiving hours calculated on the initial methyl written notification of the cancella- bromide concentration. tion. The appeal shall state all of the (g) Preservatives. All preservative facts and reasons upon which the per- treatments that use a preservative son relies to show that the compliance product that is registered by the agreement was wrongfully canceled. United States Environmental Protec- The Administrator shall grant or deny tion Agency are authorized for treat- the appeal, in writing, stating the rea- ment of regulated articles imported in sons for granting or denying the ap- accordance with this subpart. Preserv- peal, as promptly as circumstances per- ative treatments must be performed in mit. If there is a conflict as to any ma- accordance with label directions ap- terial fact and the person whose com- proved by the United States Environ- pliance agreement has been canceled mental Protection Agency. requests a hearing, a hearing shall be [60 FR 27674, May 25, 1999, as amended at 64 held to resolve the conflict. Rules of FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, practice concerning the hearing will be 2000; 67 FR 8465, Feb. 25, 2002] 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 compliance agreement to facilitate the plant pests on or in the regulated arti- importation of regulated articles under cle, or finds that the regulated article this subpart. The compliance agree- may have been associated with other ment shall specify the requirements articles infested with plant pests, the necessary to prevent spread of plant regulated article shall be cleaned or pests from the facility, requirements to treated as required by an inspector, ensure the processing method effec- and the regulated article and any prod- tively destroys plant pests, and the re- ucts of the regulated article shall also quirements for the application of be subject to reinspection, cleaning, chemical materials in accordance with and treatment at the option of an in- the Treatment Manual. The compli- spector at any time and place before all ance agreement shall also state that applicable requirements of this subpart inspectors must be allowed access to have been accomplished. the facility to monitor compliance (2) Regulated articles shall be assem- with the requirements of the compli- bled for inspection at the port of first ance agreement and of this subpart. arrival, or at any other place pre- Compliance agreement forms may be scribed by an inspector, at a place and

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time and in a manner designated by an try of origin of the regulated articles; inspector. the name and the number, if any, of (3) If an inspector finds that an im- the dock or area where the regulated ported regulated article is so infested articles are to be unloaded; and the with a plant pest that, in the judgment name of the importer or broker at the of the inspector, the regulated article port of arrival. cannot be cleaned or treated, or con- (2) Imported regulated articles which tains soil or other prohibited contami- have been debarked in accordance with nants, the entire lot may be refused § 319.40–7(b) and can be safely and prac- entry into the United States. tically inspected will be visually exam- (4) No person shall move any im- ined for plant pests by an inspector at ported regulated article from the port the port of first arrival. If plant pests of first arrival unless and until an in- are found on or in the regulated arti- spector notifies the person, in writing or through an electronic database, that cles or if the regulated article cannot the regulated article: be safely and practically inspected, the (i) Is in compliance with all applica- regulated articles must be treated in ble regulations and has been inspected accordance with the Treatment Man- and found to be apparently free of ual. plant pests; 3 or, (c) Marking and identity of regulated (ii) Has been inspected and the in- articles. Any regulated article, at the spector requires reinspection, cleaning, time of importation shall bear on the or treatment of the regulated article at outer container (if in a container), on a place other than the port of first ar- the regulated article (if not in a con- rival. tainer), or on a document accom- (b) Notice of arrival; visual examination panying the regulated article the fol- of regulated articles at port of first ar- lowing information: rival. (1) At least 7 days prior to the ex- (1) General nature and quantity of pected date of arrival in the United the regulated articles; States of a shipment of regulated arti- (2) Country and locality, if known, cles imported in accordance with this where the tree from which the regu- subpart, the permittee or his or her lated article was derived was har- agent must notify the APHIS Officer in vested; Charge at the port of arrival of the (3) Name and address of the person date of expected arrival. The address importing the regulated article; and telephone number of the APHIS Of- ficer in Charge will be specified in any (4) Name and address of consignee of specific permit issued by APHIS 4. This the regulated article; notice may be in writing or by tele- (5) Identifying shipper’s mark and phone. The notice must include the number; and number of any specific permit issued (6) Number of the permit (if one was for the regulated articles; the name, if issued) authorizing the importation of any, of the means of conveyance car- the regulated article into the United rying the regulated articles; the type States. and quantity of the regulated articles; (d) Sampling for plant pests at port of the expected date of arrival; the coun- first arrival. Any imported regulated ar- ticle may be sampled for plant pests at 3 Certain regulated articles may also be the port of first arrival. If an inspector subject to §§ 319.56 through 319.56–8, finds it necessary to order treatment of ‘‘Subpart—Fruits and Vegetables,’’ or to the a regulated article at the port of first noxious weed regulations under part 360 of arrival, any sampling will be done prior this chapter, or to Endangered Species Act to treatment. regulations under parts 355 and 356 of this chapter and 50 CFR parts 17 and 23. [60 FR 27674, May 25, 1995, as amended at 66 4 A list of APHIS Officers in Charge may be FR 21056, Apr. 27, 2001] obtained from the Administrator, c/o Port Operations, Plant Protection and Quar- § 319.40–10 Costs and charges. antine, Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, MD The services of an inspector during 20737. regularly assigned hours of duty and at

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the usual places of duty shall be fur- accordance with paragraph (c) of this nished without cost to the importer.5 section: The inspector may require the im- (1) Non-indigenous plant pest not porter to furnish any labor, chemicals, present in the United States; packing materials, or other supplies re- (2) Non-indigenous plant pest, quired in handling regulated articles present in the United States and capa- under this subpart. APHIS will not be ble of further dissemination in the responsible for any costs or charges, United States; other than those identified in this sec- (3) Non-indigenous plant pest that is tion. present in the United States and has [60 FR 27674, May 25, 1995, as amended at 63 reached probable limits of its ecologi- FR 50111, Sept. 18, 1998] cal range, but differs genetically from the plant pest in the United States in a § 319.40–11 Plant pest risk assessment way that demonstrates a potential for standards. greater damage potential in the United When evaluating a request to import States; a regulated article not allowed impor- (4) Native species of the United tation under this subpart, or a request States that has reached probable limits to import a regulated article under of its ecological range, but differs ge- conditions other than those prescribed netically from the plant pest in the by this subpart, APHIS will conduct United States in a way that dem- the following analysis to determine the onstrates a potential for greater dam- plant pest risks associated with each age potential in the United States; or requested importation in order to de- (5) Non-indigenous or native plant termine whether or not to issue a per- pest that may be able to vector an- mit under this subpart or to propose other plant pest that meets one of the regulations establishing conditions for the importation into the United States criteria in paragraphs (b)(1) through (4) of the regulated article. of this section. (a) Collecting commodity information. (c) Determining which quarantine pests (1) APHIS will evaluate the application to assess. (1) APHIS will divide quar- for information describing the regu- antine pests identified in paragraph (b) lated article and the origin, processing, of this section into groups depending treatment, and handling of the regu- upon where the plant pest is most like- lated article; and ly to be found. The plant pests would (2) APHIS will evaluate history of be grouped as follows: past plant pest interceptions or intro- (i) Plant pests found on the bark; ductions (including data from foreign (ii) Plant pests found under the bark; countries) associated with the regu- and lated article. (iii) Plant pests found in the wood. (b) Cataloging quarantine pests. For (2) APHIS will subdivide each of the the regulated article specified in an ap- groups in paragraph (c)(1) of this sec- plication, APHIS will determine what tion into associated taxa. plant pests or potential plant pests are (3) APHIS will rank the plant pests associated with the type of tree from in each group in paragraph (c)(2) of this which the regulated article was de- section according to plant pest risk, rived, in the country and locality from based on the available biological infor- which the regulated article is to be ex- mation and demonstrated plant pest ported. A plant pest that meets one of importance. the following criteria is a quarantine (4) APHIS will identify any plant pest and will be further evaluated in pests ranked in paragraph (c)(3) of this section for which plant pest risk as- 5 Provisions relating to costs for other sessments have previously been per- services of an inspector, including services formed in accordance with this section. related to extra inspection and separation of cargo from packing material for shipments APHIS will conduct individual plant that arrive without a complete certificate or pest risk assessments for the remain- exporter statement as required, are con- ing plant pests, starting with the high- tained in part 354 of this chapter. est ranked plant pest(s) in each group.

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(5) The number of plant pests in each APHIS determines that the imposition group to be evaluated through indi- of particular conditions on the impor- vidual plant pest risk assessment will tation of the regulated article could re- be 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 reduc- tion 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) To prevent the introduction of troduction and dissemination within these plant pests, the following articles the United States of the plant pest. may not be imported into the United (e) Estimating unmitigated overall plant States except in accordance with this pest risk. APHIS will develop an esti- subpart: The raw or unmanufactured mation of the overall plant pest risk stalk and all other parts of Indian corn associated with importing the regu- or maize (Zea mays L.), broomcorn lated article based on compilation of (Andropogon sorghum var. technicus), individual plant pest risk assessments sweet sorghums (Andropogon sorghum), performed in accordance with para- grain sorghums (Andropogon sorghum), graph (d) of this section. Sudan grass (Andropogon sorghum (f) Evaluating available requirements to sudanensis), Johnson grass (Andropogon determine whether they would allow safe halepensis), sugarcane (Saccharum importation of the regulated article. The officinarum), including Japanese vari- requirements of this subpart, and any eties, pearl millet (Pennisetum other requirements relevant to the reg- glaucum), napier grass (Pennisetum ulated article and plant pests involved, purpureum), teosinte (Euchlaena will be compared with the individual luxurians), and jobs-tears (Coix plant pest risk assessments in order to lachryma-Jobi). determine whether particular condi- (c) When the public interests will per- tions on the importation of the regu- mit, the Deputy Administrator of the lated article would reduce the plant Plant Protection and Quarantine Pro- pest risk to an insignificant level. If grams may, upon request in specific

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cases, authorize such importations into stems, stalks, stubs of stalks, and Guam under conditions specified in the leaves, may be imported from all coun- permit that are less stringent than tries without seasonal limitation those contained in this subpart. through ports of entry designated in (d) As used in this subpart, unless the the permit, provided it is bundled and context otherwise requires, the term baled to prevent breakage and scat- ‘‘United States’’ means the States, the tering and to facilitate inspection, in District of Columbia, Guam, Puerto the following manner: Rico, and the Virgin Islands of the (a) The broomstraw shall be assem- United States. bled into bundles with the base of the individual straws at the same end, no [24 FR 10788, Dec. 29, 1959, as amended at 66 alternating of layers being permitted. FR 21056, Apr. 27, 2001] (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 ar- ticles. 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. mit, other than the authorization con- (e) Broomstraw found upon inspec- tained in this section, and without tion at the port of entry to contain other restriction under this subpart. stems, stalks, stubs of stalks, or leaves Notice of arrival for such importations shall be sterilized under the super- vision of an inspector. Broomstraw is not necessary inasmuch as there is contaminated in the aforesaid manner, available to the inspector the essential from countries other than those on the information normally supplied by the North or South American Continents importer at time of importation. In- or the West Indies, shall be considered spection of such importations may be as broomcorn and shall be subject to made under the general authority of compliance with § 319.41–3(b). § 330.105(a) of this chapter. If an impor- tation is found infected, infested, or [25 FR 12809, Dec. 14, 1960] contaminated with any plant pest and is not subject to disposal under this RULES AND REGULATIONS part 319, disposition may be made in § 319.41–1 Plant products permitted accordance with § 330.106 of this chap- entry. 1 ter. (b) Shelled corn and seeds of other Except as restricted from certain plants listed in § 319.41, and mature countries and localities by special corn on the cob, may be imported into quarantines and other orders now in 2 Guam without further permit, other force, and by such as may hereafter be than the authorization contained in this section and without other restric- 1Except as provided in § 319.41–6 the regula- tion under this subpart, but such im- tions in this subpart do not authorize impor- portations are subject to the require- tations through the mails. 2 The entry of the following plants and ments of § 319.37–4(a). plant products is prohibited or restricted by (c) Green corn on the cob may be im- specific quarantines and other restrictive or- ported into Guam without restriction ders now in force. under this subpart, but such importa- (a) Living canes of sugarcane, or cuttings tions are subject to the requirements or parts thereof, from all foreign countries. of § 319.56–2. (§ 319.15.) (b) Except as provided for in paragraph (c) § 319.41b Administrative instructions for corn seed from New Zealand, seed and all prescribing conditions for entry of other portions in the raw or unmanufactured broomstraw without treatment. state of Indian corn or maize (Zea mays L.), and the closely related plants, including all Broomstraw, sometimes referred to species of Teosinte (Euchlaena), jobs-tears as ‘‘combed stalkless’’, when consisting (Coix), Polytoca, Chionachne, Sclerachne, of individual straws entirely free from Continued

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promulgated, the following articles in the application the name and ad- may be imported: dress of the exporter, the country and (a) Subject only to the requirements locality where grown, the port of ar- of paragraphs (a), (b), and (c) of § 319.41– rival, and the name and address of the 5: importer in the United States to whom (1) Green corn on the cob, in small the permit should be sent. Unless oth- lots for local use only, from adjacent erwise stated in the permit, all permits areas of Canada. will be valid from date of issuance (2) Articles made of the stalks, until revoked. leaves, or cobs of corn, when prepared, (b) Applications for permits should be manufactured, or processed in such made in advance of the proposed ship- manner that in the judgment of the in- ments; but if, through no fault of the spector no pest risk is involved in their importer, a shipment should arrive be- entry. fore a permit is received, the importa- (3) Corn silk. tion will be held in customs custody at (b) Upon compliance with the regula- the risk and expense of the importer tions in this subpart: for a period not exceeding 20 days pend- (1) Broomcorn for manufacturing ing the receipt of the permit. purposes, brooms or similar articles (c) Applications may be made by made of broomcorn, clean shelled corn, telegraph, in which case the informa- and clean seed of the other plants cov- tion required above must be given. ered by § 319.41. (Approved by the Office of Management and (2) Corn on the cob, green or mature, Budget under control number 0579–0049) from the provinces of Canada west of [24 FR 10788, Dec. 29, 1959, as amended at 48 3 and including Manitoba, and from FR 57466, Dec. 30, 1983] Mexico, Central America, South Amer- ica, the West Indies, the Bahamas, and § 319.41–3 Issuance of permits. Bermuda. (a) On approval by the Deputy Ad- (c) Seed of Indian corn or maize (Zea ministrator of the Plant Protection mays L.) that is free from the cob and and Quarantine Programs of the appli- from all other parts of corn may be im- cation mentioned in § 319.41–2, a permit ported into the United States from will be issued. New Zealand without further restric- (b) For broomcorn and brooms and tion. similar articles made of broomcorn, [24 FR 10788, Dec. 29, 1959, as amended at 58 permits will be issued by the Deputy FR 44745, Aug. 25, 1993] Administrator of the Plant Protection and Quarantine Programs for such § 319.41–2 Application for permits. ports as may be designated therein, ex- (a) Persons contemplating the impor- cept that permits will be issued for the tation of any of the articles specified in entry of broomcorn originating in § 319.41–1(b), shall first make applica- countries other than those in the North tion to the Plant Protection and Quar- or South American Continents or the antine Programs for a permit, stating West Indies only through the ports of Baltimore, Boston, New York, and Nor- folk, or through other northeastern and Trilobachne, from Australia, Burma, ports which may from time to time be Cambodia, China, Formosa, India, Indonesia, Japan and adjacent islands, Laos, Malaya, designated in the permit, and at which Manchuria, New Guinea, New Zealand, North facilities for treatment of infested ma- Viet-Nam, Oceania, Pakistan, Philippines, terial may be available, such entry to Ryukyu Islands, Thailand, and Viet-Nam. be limited to those shipments accom- (§ 319.24.) panied by on-board bills of lading dated (c) Seed of Indian corn or maize (Zea mays within the period September 15 L.) that is free from the cob and from all through February 15 of the succeeding other parts of corn may be imported into the year, both dates inclusive. Permits will United States from New Zealand without not be issued for the entry of further restriction. (§ 319.24.). 3A quarantine is maintained by Canada to broomcorn from any source through prevent spread of the European corn borer ports on the Pacific Coast. from the infested eastern areas to the still (c) For shelled corn and for seeds of uninfested Provinces west of Ontario. other plants listed in § 319.41, and for

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corn on the cob, green or mature, from Plant Protection and Quarantine Pro- the land areas designated in grams, in order to determine their free- § 319.41(b)(2), permits will be issued for dom from such insects and diseases and ports where the Plant Protection and from contaminating materials, and to Quarantine Programs maintains an in- such sterilization, grinding, or other spection service and for such other necessary treatment as the inspector ports as may be designated in the per- may prescribe. Should an importation mit. be found on inspection to be so infested (d) Pending development of adequate or infected or contaminated that, in treating facilities in Guam, any of the the judgment of the inspector, it can articles specified in § 319.41–1 that are not be made safe by sterilization or subject to treatment as a condition of other treatment, the entire shipment entry therein must first be entered and may be refused entry. treated in accordance with the require- (b) When entry under sterilization or ments of this subpart at a U.S. port of other treatment is permitted, the im- arrival where such treating facilities portation will be released to the per- are available. mittee for such treatment, upon the filing with the appropriate customs of- [24 FR 10788, Dec. 29, 1959, as amended at 33 FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, ficial of a bond in the amount of $5,000, 1971] or in an amount equal to the invoice value, if such value be less than $5,000, § 319.41–4 Notice of arrival by per- with approved sureties, and condi- mittee. tioned that the importation shall be Immediately upon arrival of the im- sterilized or otherwise treated under portation at the port of arrival the per- the supervision of the inspector; that mittee shall submit, in duplicate, no- no bale or container shall be broken, tice to the Plant Protection and Quar- opened, or removed from the port of ar- antine Programs, through the U.S. Col- rival unless and until a written notice lector of Customs, or, in the case of is given to said customs official by an Guam, through the Customs officer of inspector that the importation has the Government of Guam, on forms been properly sterilized or treated; and provided for that purpose, stating the that the importation shall be redeliv- number of the permit, the date of ered to said customs official within 30 entry, the name of ship or vessel, rail- days after its arrival. road, or other carrier, the country and (c) Should a shipment requiring steri- locality where the articles were grown, lization or other treatment under the the name of the foreign shipper, the provisions of the regulation in this sub- quantity or number of bales or con- part arrive at a port where facilities tainers, and the marks and numbers on for such sterilization or other treat- the bales or containers, the port of ar- ment are not maintained, such ship- rival, and the name of the importer or ment shall either be promptly shipped broker at the port of arrival. under safeguards and by routing pre- scribed by the inspector to an approved (Approved by the Office of Management and port where facilities for sterilization or Budget under control number 0579–0049) other treatment are available, or it [24 FR 10788, Dec. 29, 1959, as amended at 48 shall be refused entry. FR 57466, Dec. 30, 1983] (d) Other conditions of entry as ap- plying to the certain classes of articles § 319.41–5 Condition of entry. enumerated in § 319.41–1 are: (a) The entry of the articles covered (1) Broomcorn. All importations of by § 319.41–1 is conditioned on their broomcorn shall be so baled as to pre- freedom from the European corn borer vent breakage and scattering in con- and other injurious insects and plant nection with the necessary handling diseases, and upon their freedom from and sterilization; if in the judgment of contamination with plant materials the inspector they are not so baled, prohibited entry under other quar- entry may be refused. All importations antines. All shipments of these articles of broomcorn shall be subject to such shall be subject to inspection at the sterilization or other treatment as the port of arrival by an inspector of the inspector may require.

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(2) Articles made of broomcorn. Brooms treating chamber, after which the or similar articles made of broomcorn steam may be shut off and the treating shall be subject to sterilization unless chamber exhausted of the uncondensed their manufacture involves the sub- steam. stantial elimination of stems or such (c) Other treatments. Any other treat- treatment of the included stems as in ments approved by the Deputy Admin- the judgment of the inspector shall istrator of the Plant Protection and preclude such articles from being the Quarantine Programs in specific cases. means of carriage of the European corn [24 FR 10788, Dec. 29, 1959, as amended at 34 borer and of other injurious insects and FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, plant diseases. 1971] (3) Shelled corn and other seeds. If shipments of shelled corn and seeds of § 319.41–6 Importations by mail. the other plants from countries other In addition to entries by freight or than those named in § 319.41–1 (b)(2) are express provided for in § 319.41–5, impor- found upon inspection at the port of ar- tations are permitted by mail of (a) rival to be appreciably fouled with cobs mature corn on the cob from the coun- or other portions of the plants the in- tries specified in § 319.41–1(b)(2), (b) spector may require sterilization or clean shelled corn and clean seed of the other treatment or may refuse entry. other plants covered by § 319.41: Pro- vided, That a permit has been issued for § 319.41–5a Administrative instruc- tions; method used for the disinfec- the importation: Provided further, That tion of imported broomcorn and each shipment is accompanied from the broomcorn brooms. foreign mailing point by a special mail- ing tag, which will direct the package Broomcorn and articles made of to a Plant Protection and Quarantine broomcorn which are required to be Programs inspection station for inspec- treated, under the provisions of § 319.41– tion in accordance with § 319.41–5 before 5, will be treated by one of the fol- release to the mails for delivery to the lowing methods: importer. These special mailing tags (a) Vacuum fumigation. (1) The tem- will be furnished on request to the im- perature of the stalks and of the fumi- porter for transmission to his foreign gation chamber during the fumigation shipper. shall be not less than 60 °F. (2) The dosage for the fumigation (Approved by the Office of Management and shall be 3 pounds of liquid hydrocyanic Budget under control number 0579–0049) acid or its equivalent per 1,000 cubic [24 FR 10788, Dec. 29, 1959, as amended at 48 feet of space. FR 57466, Dec. 30, 1983] (3) The air pressure in the fumigation chamber shall be reduced to the equiv- Subpart—Rice alent of 2 inches of mercury (a 28–inch vacuum at sea level), after which the QUARANTINE hydrocyanic acid shall be introduced and the low pressure held for the dura- § 319.55 Notice of quarantine. tion of the fumigation. (a) The fact has been determined by (4) The exposure shall be not less the Secretary of Agriculture, and no- than 3 hours. tice is hereby given, (1) that injurious (b) Steam sterilization. (1) The air pres- fungous diseases of rice, including sure in the treating chamber shall be downy, mildew (Sclerospora reduced to the equivalent of 5 inches of macrospora), leaf smut (Entyloma mercury (a 25–inch vacuum at sea oryzae), blight (Oospora oryzetorum), level). and glume blotch (Melanomma (2) Steam shall then be introduced glumarum), as well as dangerous insect until a positive pressure of 10 pounds is pests, new to and not heretofore widely obtained. prevalent or distributed within and (3) The exposure to the 10–pound posi- throughout the United States, exist, as tive pressure of steam shall continue to one or more of such diseases and for a period sufficient to assure a con- pests, in Europe, Asia, Africa, Central stant temperature in all parts of the America, South America, and other

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foreign countries and localities, and portations may be made under the gen- may be introduced into this country eral authority of § 330.105(a) of this through importations of seed or paddy chapter. If an importation is found in- rice, rice straw, and rice hulls, and (2) fected, infested, or contaminated by that the unrestricted importation of any plant pest and is not subject to dis- seed or paddy rice from the Republic of posal under this part, disposition may Mexico and of rice straw and rice hulls be made in accordance with § 330.106 of from all foreign countries and local- this chapter. ities may result in the entry into the United States of the injurious plant RULES AND REGULATIONS diseases heretofore enumerated, as well as insect pests. § 319.55–1 Definitions. (b) To prevent the introduction into (a) Seed or paddy rice. Unhusked rice the United States of the plant pests in the form commonly used for seed and diseases indicated above, the Sec- purposes; the regulations in this sub- retary has determined that it is nec- part do not apply to husked or polished essary to prohibit the importation into rice imported for food purposes. the United States of seed or paddy rice (b) Port of first arrival. The first port from all foreign locations except the within the United States where the Republic of Mexico and to restrict the shipment is (1) offered for consumption importation of seed or paddy rice, rice entry or (2) offered for entry for imme- straw, and rice hulls from the Republic diate transportation in bond. of Mexico and all other foreign loca- tions, except as otherwise provided in (c) Inspector. An Inspector of the this subpart. Plant Protection and Quarantine Pro- (c) When the public interests will per- grams of the United States Department mit, the Deputy Administrator of the of Agriculture. Plant Protection and Quarantine Pro- grams may, upon request in specific § 319.55–2 Application for permit. cases, authorize such importations into (a) Application for a permit to im- Guam under conditions specified in the port seed or paddy rice from Mexico or permit that are less stringent than rice straw or rice hulls from any coun- those contained in this subpart. try, may be made to the Plant Protec- (d) As used in this subpart, unless the tion and Quarantine Programs, indi- context otherwise requires, the term cating in the application the locality ‘‘United States’’ means the States, the where the desired material has been District of Columbia, Guam, Puerto grown, the port of first arrival, and the Rico, and the Virgin Islands of the name and address of the importer in United States. the United States to whom the permit [24 FR 10788, Dec. 29, 1959, as amended at 66 should be sent, if other than the appli- FR 21056, Apr. 27, 2001] cant. (b) Applications for permits should be § 319.55a Administrative instructions made in advance of the proposed ship- relating to entry of rice straw and ments; but if, through no fault of the rice hulls into Guam. importer, a shipment should arrive be- Rice straw and rice hulls may be im- fore a permit is received, the importa- ported into Guam without further per- tion will be held in customs custody at mit, other than the authorization con- the port of first arrival, at the risk and tained in this paragraph. The port of expense of the importer, for a period entry shall be Agana or such other port not exceeding 20 days, pending the re- as may be satisfactory to the inspec- ceipt of the permit. tor. Such importations may be made (c) Application may be mader by without the submission of a notice of telegraph, in which case the informa- arrival inasmuch as there is available tion required above must be furnished. to the inspector the essential informa- tion normally supplied by an importer (Approved by the Office of Management and at the time of importation. The re- Budget under control number 0579–0049) 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]

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§ 319.55–3 Ports of entry. where the shipment is to be unloaded, (a) For importations of seed or paddy or, if by vessel, the name of the vessel rice from the Republic of Mexico, per- and the designation of the dock where mits will be issued for entry through the shipment is to be landed. Mexican border ports and such other (Approved by the Office of Management and ports as may later be approved by the Budget under control number 0579–0049) Plant Protection and Quarantine Pro- [24 FR 10788, Dec. 29, 1959, as amended at 48 grams. FR 57466, Dec. 30, 1983] (b) For importations of rice straw and rice hulls from all foreign coun- § 319.55–6 Inspection and disinfection tries, permits will be issued for entry at port of arrival. at New York and Boston and at such (a) Paddy rice. All importations of other ports as may later be approved seed or paddy rice from Mexico shall be by the Plant Protection and Quar- subject, as a condition of entry, to such antine Programs. inspection or disinfection, or both, at (c) Pending development of adequate the port of arrival, as shall be required treating facilities in Guam, seed or by the inspector, and to the delivery to paddy rice, rice straw, and rice hulls the collector of customs by the inspec- that are subject to treatment as a con- tor of a written notice that the seed or dition of entry therein must first be paddy rice has been inspected and entered and treated in accordance with found to be apparently free from plant the requirements of this subpart at a diseases and insect pests or that the re- United States port of arrival where quired treatment has been given. such treating facilities are available. Should any shipment of such seed or (d) Should a shipment requiring paddy rice be found to be so infested treatment arrive at a port where facili- with insect pests or infected with plant ties for such treatment are not main- diseases that, in the judgment of the tained, such shipment shall either be inspector, it cannot be cleaned by dis- promptly shipped under safeguards and infection or other treatment, the en- by routing prescribed by the inspector tire shipment may be refused entry. to an approved port where facilities for (b) Rice straw and rice hulls. (1) As a treatment are available, or it shall be condition of entry, rice straw and rice refused entry. hulls shall be subject to inspection and to treatment at the port of arrival, § 319.55–4 Issuance of permits. under the supervision of the inspector, Upon receipt of an application and by methods and at plants approved by upon approval by an inspector a permit the Plant Protection and Quarantine will be issued specifying the conditions Programs and, as a further condition of of entry and the port of entry to carry entry, in order to permit effective out the purposes of this subpart, and a treatment, the contents of packages or copy will be supplied to the importer. bales shall not be compressed to a den- sity of more than 30 pounds per cubic § 319.55–5 Notice of arrival by per- foot. Rice straw and rice hulls will be mittee. admitted only at ports where adequate Immediately upon the arrival of a facilities are available for such treat- shipment at the port of first arrival, ment. The required treatment must be the permittee or his agent shall submit given within 20 days after arrival, but a notice, in duplicate, to the Plant Pro- if any shipment of rice straw or rice tection and Quarantine Programs, hulls shall be found upon arrival to be through the United States Collector of dangerously infested or infected the in- Customs, or, in the case of Guam, spector may direct immediate treat- through the Customs officer of the ment under adequate safeguards; and, Government of Guam, on a form pro- if the treatment and safeguards are not vided for that purpose, stating the put into effect as directed, the ship- number of the permit, the quantity in ment shall be removed from the coun- the shipment, the locality where try immediately or destroyed. grown, the date of arrival, and, if by (2) Unless, within 20 days after the rail, the name of the railroad company, date of arrival of a shipment at the the car numbers, and the terminal port at which the formal entry was

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filed, the importation has received the Subpart—Fruits and Vegetables required treatment, due notice of which shall be given to the collector of QUARANTINE customs by the inspector, demand will be made by the collector for redelivery § 319.56 Notice of quarantine. of the shipment into customs custody (a) The fact has been determined by under the terms of the entry bond, and, the Secretary of Agriculture, and no- if such redelivery is not made, the ship- tice is hereby given: ment shall be removed from the coun- (1) That there exist in Europe, Asia, try or destroyed. Africa, Mexico, Central America, and (c) General. (1) All charges for stor- South America, and other foreign age, cartage, and labor incident to in- countries and localities, certain inju- rious insects, including fruit and melon spection and disinfection, other than flies (Tephritidae), new to and not the services of the inspector, shall be heretofore widely distributed within paid by the importer. and throughout the United States, (2) All shipments shall be so baled, which affect and may be carried by bagged, or wrapped as to prevent scat- fruits and vegetables commercially im- tering or wastage. If, in the judgment ported into the United States or of the inspector, a shipment is not so brought to the ports of the United bagged, baled, or wrapped, it shall be States as ships’ stores or casually by reconditioned at the expense of the per- passengers or others, and mittee or entry may be refused. (2) That the unrestricted importation of fruits and vegetables from the coun- § 319.55–7 Importations by mail. tries and localities enumerated may re- Sections 319.55–2 to 319.55–6, inclu- sult in the entry into the United States sive, provide for importations other- of injurious insects, including fruit and wise than through the mails. Importa- melon flies (Tephritidae). tions of seed or paddy rice from Mex- (b) To prevent the introduction into ico, and of rice straw and rice hulls the United States of the aforemen- from all foreign countries and local- tioned injurious insects, the Secretary has determined that it is necessary to ities, may be made by mail, Provided prohibit the importation into the (a) That a permit has been issued for United States of fruits and vegetables, the importation in accordance with and the plants or portions of plants §§ 319.55–2, 319.55–4, and (b) That each used as packing material for such shipment is accompanied from the for- fruits and vegetables, except as other- eign mailing point by a special mailing wise provided in this subpart. tag directing the package to a Plant (c) When the public interests will per- Protection and Quarantine Programs mit, the Deputy Administrator of the inspection station for inspection and, if Plant Protection and Quarantine Pro- necessary, for treatment, before being grams may, upon request in specific released to the mails for delivery to cases, authorize such importations into the importer, unless entry is refused in Guam under conditions specified in the accordance with the provisions of permit that are less stringent than § 319.55–6. The special mailing tags will those contained in this subpart. be furnished on request to the importer (d) This section leaves in full effect for transmission in advance to his for- all special quarantines and other or- eign shipper. ders now in force restricting the entry into the United States of fruits and (Approved by the Office of Management and vegetables with the exception of Quar- Budget under control number 0579–0049) antine No. 49, with regulations, on ac- [24 FR 10788, Dec. 29, 1959, as amended at 48 count of the citrus black fly, which is FR 57466, Dec. 30, 1983] replaced by this section.

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(e) As used in this section unless the (9) Carrots, celery, lettuce, loquats, context otherwise requires, the term onions, persimmons, potatoes, toma- ‘‘United States’’ means the continental toes, and stone fruits, from New Zea- United States, Guam, Hawaii, Puerto land. Rico, and the Virgin Islands of the (10) Asparagus, carrots (without United States. tops), celery, lettuce, and radishes (without tops) from Thailand. [24 FR 10788, Dec. 29, 1959, as amended at 66 (11) Green corn on the cob. FR 21056, Apr. 27, 2001] (12) All other fruits and vegetables § 319.56a Administrative instructions administratively approved for entry and interpretation relating to entry into any other part or port of the into Guam of fruits and vegetables United States, except those for which a under § 319.56. treatment is specified as a condition of (a) The following fruits and vegeta- entry and except any which are now, or bles may be imported into Guam with- may subsequently be, specifically des- out treatment except as it may be re- ignated in this subpart as not ap- quired under § 319.56–6 and they shall proved. otherwise be subject to all the require- (b) The inspector in Guam may, in ments of this subpart as modified by his judgment, accept an oral applica- this section: tion and issue an oral permit for prod- 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 (d) Coconuts with husks are not ap- sprouts, broccoli, cabbage, carrots proved for entry into Guam from the (without tops), cassava, cauliflower, Trust Territory under § 319.56. celery, chives, cow-cabbage, dasheen, (e) Application of the provisions of garlic, gingerroot, horseradish, kale, §§ 319.56–2d, 319.56–2e, 319.56–2g, 319.56– kudzu, leek, lettuce, onions, Por- 2k, 319.56–2l, and 319.56–2p is impracti- tuguese cabbage, turnip, udo, water cable in the case of traffic into Guam chestnut, watercress, waterlilyroot, and therefore such application is with- and yam bean root, from Taiwan (For- drawn. The fruits and vegetables which mosa). are the subject of said provisions are (8) Lettuce from Netherlands New not enterable into Guam except as they Guinea. are now, or may later be, listed in

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paragraph (a) of this section. Yams are Fresh fruits and vegetables. The edible, included in the listings in paragraphs more or less succulent, portions of food (a) (1) and (2) of this section. plants in the raw or unprocessed state, (f) Baskets or other containers made such as bananas, oranges, grapefruit, of coconut fronds are not approved for pineapples, tomatoes, peppers, lettuce, use as containers for fruits and vegeta- etc. bles imported into Guam. Fruits and Inspector. An inspector of the Plant vegetables in such baskets or con- Protection and Quarantine Programs, tainers offered for importation into U.S. Department of Agriculture. Guam will not be regarded as meeting Plants or portions of plants. Leaves, the requirement of the first paragraph twigs, or other portions of plants, or of § 319.56–2. plant litter or rubbish as distinguished from clean fruits and vegetables, or [24 FR 10788, Dec. 29, 1959, as amended at 29 FR 2329, Feb. 11, 1964; 29 FR 6614, May 21, other commercial articles. 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, Port of first arrival. The first port Sept. 20, 1969; 35 FR 9105, June 12, 1970; 35 FR within the United States where the 16678, Oct. 28, 1970; 58 FR 43497, Aug. 17, 1993; shipment is (1) offered for consumption 65 FR 37667, June 15, 2000] entry or (2) offered for entry for imme- diate transportation in bond. RULES AND REGULATIONS [24 FR 10788, Dec. 29, 1959, as amended at 52 § 319.56–1 Definitions. FR 29370, Aug. 7, 1987; 57 FR 54489, Nov. 19, 1992] Above ground parts. Any plant parts, such as stems, leaves, fruit, or inflores- § 319.56–2 Restrictions on entry of cence, that grow solely above the soil fruits and vegetables. surface. (a) All importations of fruits and Commercial shipment. A shipment con- vegetables must be free from plants or taining fruits and vegetables that an portions of plants, as defined in § 319.56– inspector identifies as having been pro- 1. duced for sale and distribution in mass (b) Dried, cured, or processed fruits markets. Such identification will be and vegetables (except frozen fruits and based on a variety of indicators, in- vegetables), including cured figs and cluding, but not limited to: quantity of dates, raisins, nuts, and dried beans produce, type of packaging, identifica- and peas, may be imported without tion of grower or packing house on the permit or other compliance with the packaging, and documents consigning regulations in this subpart: Provided, the shipment to a wholesaler or re- That any such articles may be made tailer. subject to entry only under permit and Cucurbits. Benincasa hispida (wax on compliance with the safeguards to gourd), Citrullus lanatus (watermelon), be prescribed therein, when it shall be Cucumis spp. (including, but not lim- determined by the Secretary of Agri- ited to cucumber, kiwano, cantaloupe, culture that the condition of drying, honeydew, muskmelon, and Indian curing, or processing to which they gherkin), Cucurbita spp. (including, but have been subjected may not entirely not limited to squash, zucchini, eliminate risk. Such determination crenshaws, pumpkin, and marrow), with respect to any such articles shall Lagenaria spp. (including, but not lim- become effective after due notice. ited to the white-flowered gourds), (c) Fruits and vegetables grown in Luffa spp. (including, but not limited Canada may be imported into the to luffa and angled luffa), Momordica United States without restriction balsamina (balsam-apple), Momordica under this subpart; provided, that the charantia (bitter gourd), and Sechium potatoes from Newfoundland and that edule (chayote). portion of the Municipality of Central Deputy Administrator. The Deputy Ad- Saanich in the Province of British Co- ministrator, Plant Protection and lumbia east of the West Saanich Road Quarantine, or any person to whom the are prohibited importation into the Deputy Administrator has delegated United States in accordance with his or her authority. § 319.37–2 of this part.

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(d) Fruits and vegetables grown in other injurious insects that attack the the British Virgin Islands may be im- fruit or vegetable in the area or dis- ported into the Virgin Islands of the trict of the country of origin have been United States without further permit eliminated from the fruit or vegetable other than the authorization contained by treatment or any other procedures in this paragraph but subject to the re- that may be prescribed by the Adminis- quirements of the first paragraph of trator. this section, and of §§ 319.56–5, 319.56–6 (f) Before the Administrator may au- and 319.56–7, except that such fruits and thorize importation of a fruit or vege- vegetables are exempted from the no- table under § 319.56–2(e) (3) or (4), he or tice of arrival requirements of § 319.56– she must determine that the following 5 when an inspector shall find that criteria have been met: equivalent information is obtainable (1) Within the past 12 months, the from the U.S. Collector of Customs. plant protection service of the country (e) Any other fruit or vegetable, ex- of origin has established the absence of cept those restricted to certain coun- infestations of injurious insects known tries and districts by special quar- to attack fruits or vegetables in the 1 antine and other orders now in force definite area or district based on sur- and by any restrictive order as may veys performed in accordance with re- hereafter be promulgated, may be im- quirements approved by the Adminis- ported from any country under a per- trator as adequate to detect these in- mit issued in accordance with this sub- festations; part and upon compliance with the reg- (2) The country of origin has adopted ulations in this subpart, at the ports as and is enforcing requirements to pre- shall be authorized in the permit, if the vent the introduction of injurious in- U.S. Department of Agriculture, after sects known to attack fruits and vege- reviewing evidence presented to it, is tables into the definite area or district satisfied that the fruit or vegetable ei- of the country of origin that are ther: 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 in- ed 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- tation can be authorized without risk, When used to authorize importation and its importation is in compliance under § 319.56–2(e)(3), the criteria must with the criteria of paragraph (f) of be applied to all injurious insects that this section; or attack the fruit or vegetable; when (4) Is imported from a definite area or used to authorize importation under district of the country of origin that is § 319.56–2(e)(4), the criteria must be ap- free from certain injurious insects that plied to those particular injurious in- attack the fruit or vegetable, its im- sects from which the area or district is portation can be authorized without to be considered free. risk, and the criteria of paragraph (f) of (g) Each box of fruit or vegetables this section are met with regard to imported into the United States in ac- those certain insects, provided that all cordance with § 319.56–2(e) (3) or (4) and § 319.56–2(f) must be clearly labelled with: 1 The importation of citrus fruits into the United States from eastern and southeastern (1) The name of the orchard or grove Asia and certain other areas is restricted by of origin, or the name of the grower, the Citrus Fruit Quarantine, § 319.28. and

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(2) The name of the municipality and by irradiation in accordance with part state in which it was produced, and 305 of this chapter. (3) The type and amount of fruit it (Approved by the Office of Management and contains. Budget under control number 0579–0049) (h) The Administrator has deter- mined that the following areas in Mex- [24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 53 FR 10057, Mar. 29, ico meet the criteria of paragraph (e) 1988; 53 FR 27956, July 26, 1988; 54 FR 12873, and (f) of this section with regard to Mar. 29, 1989; 56 FR 1731, Jan. 17, 1991; 56 FR the plant pests Ceratitis capitata, 10790, Mar. 14, 1991; 57 FR 10976, Apr. 1, 1992; Anastrepha ludens, A. serpentina, A. 58 FR 43497, Aug. 17, 1993; 58 FR 69179, Dec. 30, obliqua, and A. fraterculus: Comondu´ , 1993; 59 FR 9382, Feb. 28, 1994; 62 FR 50235, Loreto, and Mulege´; in the State of 50238, Sept. 25, 1997; 64 FR 2994, Jan. 20, 1999; Baja California Sur; the municipalities 66 FR 45158, Aug. 28, 2001; 67 FR 65029, Oct. 23, 2002] of Bachiniva, Casas Grandes, Cuahutemoc, Guerrero, Namiquipa, and § 319.56–2a Permits required for entry Nuevo Casas Grandes in the State of of chestnuts and acorns and certain Chihuahua; and the municipalities of coconuts. Altar, Atil, Bacum, Benito Juarez, It has been determined that the dry- Caborca, Cajeme, Carbo, Empalme, ing and processing of chestnuts and Etchojoa, Guaymas, Hermosillo, acorns, and of coconuts imported into Huatabampo, Navojoa, Pitiquito, Guam from the Trust Territory, may Plutarco Elias Calles, Puerto Penasco, not entirely eliminate risk of spread of San Luis Rio Colorado, San Miguel, injurious insects. Therefore, notice is and San Ignacio Rio Muerto in the hereby given that chestnuts and acorns State of Sonora. Fruits and vegetables of all varieties and species may be im- otherwise eligible for importation ported into any part of the United under this subpart may be imported States from any foreign country and from these areas without treatment for coconuts may be imported into Guam the pests named in this paragraph. from the Trust Territory, only under (i) Pending development of adequate permit and upon compliance with the treating facilities in Guam, fruits and safeguards prescribed therein pursuant vegetables that are subject to treat- to § 319.56–2. ment as a condition of entry therein must first be entered and treated in ac- § 319.56–2b Administrative instruc- cordance with the requirements of this tions; conditions governing the subpart at a U.S. port of arrival where entry of acorns and chestnuts. such treating facilities are available. (a) Countries other than Canada and (j) The Administrator has determined Mexico. Except for importations of that all Districts in Belize, all Prov- acorns and chestnuts grown in and inces in Chile, and the Department of shipped from Canada and Mexico, Pete´n in Guatemala meet the criteria acorns and chestnuts are permitted of paragraphs (e) and (f) of this section entry into the United States under per- with regard to the insect pest Medi- mit, for purposes other than propaga- terranean fruit fly (Medfly) (Ceratitis tion, under the provisions of § 319.56 as capitata [Wiedemann]). Fruits and follows: vegetables otherwise eligible for impor- (1) Condition of entry. Notwith- tation under this subpart may be im- standing § 319.56–2(e) (1) and (2), all ported from these areas without treat- shipments of acorns and chestnuts are ment for Medfly. required to be treated as a condition of (k) Any fruit or vegetable that is re- entry. Fumigation with methyl bro- quired by this subpart or the Plant mide in accordance with procedures de- Protection and Quarantine Treatment scribed in this section is effective Manual to be treated or subjected to against the chestnut and acorn weevils, other growing or inspection require- Curculio elephas (Cyllenhal) and C. ments to control one or more of the 11 nucum Linnaeus; the nut fruit tortrix, species of fruit flies and one species of et al., Laspeyresia splendana (Hubner), seed weevil listed in § 305.2(a) of this Laspeyresia spp., and Hemimene juliana chapter as a condition of entry into the (Curtis); and other insect pests of United States may instead be treated chestnuts and acorns. Accordingly, this

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treatment is approved as a condition of Methyl bromide entry in connection with the issuance ° dosage in Exposed period Temperature ( F.) pounds per (hours) of permits under § 319.56–4 for the im- 1,000 cu. ft. portation of chestnuts and acorns from 90–96 ...... 4 3 any country except Canada and Mex- (minimum concentra- ico. tion first 1⁄2 hour— (2) Ports of entry. Acorns and chest- 58 oz.). (minimum concentra- nuts to be offered for entry may be tion at completion— shipped from the country of origin to 34 oz.). United States ports which are named 80–89 ...... 4 4 in the permit. (minimum concentra- tion first 1⁄2 hour— (3) Approved fumigation. The approved 58 oz.). treatment shall consist of fumigation (minimum concentra- with methyl bromide. The acorns and tion at completion— 32 oz.). chestnuts may be fumigated in vacuum 70–79 ...... 5 4 or normal atmospheric chambers, van (minimum concentra- containers, or tarpaulins that have tion first 1⁄2 hour— 72 oz.). been approved for that purpose by the (minimum concentra- Plant Protection and Quarantine Pro- tion at completion— grams. When the fumigation is carried 42 oz.). 60–69 ...... 5 5 out under tarpaulins or in van con- (minimum concentra- tainers, it must be accomplished in a tion first 1⁄2 hour— manner satisfactory to the inspector 72 oz.). by insuring adequate air and com- (minimum concentra- tion at completion— modity temperatures, and proper vola- 40 oz.). tilization, distribution, and concentra- 50–59 ...... 6 5 tion of the fumigant. Fumigation with (minimum concentra- tion first 1⁄2 hour— methyl bromide shall be in accordance 85 oz.). with the following schedules: (minimum concentra- (i) In chamber at normal atmospheric tion at completion— 50 oz.). pressure (NAP): 40–49 ...... 6 6 (minimum concentra- 1 Methyl bromide Exposed tion first ⁄2 hour— Temperature (°F.) dosage in period 85 oz.). pounds per (minimum concentra- 1,000 cu. ft. (hours) tion at completion— 48 oz.). 90–96 ...... 4 3 80–89 ...... 4 4 70–79 ...... 5 4 The fumigation temperatures used in 60–69 ...... 5 5 these treatment schedules shall be that 50–59 ...... 6 5 of the nut kernels. Acorns and chest- 40–49 ...... 6 6 nuts fumigated in van containers or (ii) In chamber at 26″ vacuum: under tarpaulins must be stacked in the container to provide for circulation Methyl bromide of the fumigant under the load. Refrig- ° dosage in Exposed period erated van containers fitted with floor Temperature ( F.) pounds per (hours) 1,000 cu. ft. grooves meet this requirement. Van containers not fitted with floor grooves 80–96 ...... 3 2 and tarpaulins should have provision 70–79 ...... 4 2 60–69 ...... 4 3 for air circulation under the load by 50–59 ...... 4 4 use of dunnage or pallets. Minimum 40–49 ...... 4 5 concentrations of fumigant during the exposure period shall be maintained as (iii) In van containers or under tar- specified in the treatment schedules. paulins: Fumiscope readings are re- Because of the presence of various quired to assure minimum gas con- gases emitted by the nuts, special fil- centration as specified in this para- tering procedures will be necessary for graph (a)(3)(iii) of this section at the determination of the actual fumigant end of the first one-half hour and at concentrations. At the end of the treat- the completion of the exposure period. ment exposure period the nuts shall be

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aerated for a minimum of one-half § 319.56–2c Administrative instructions hour. authorizing the importation of fro- (4) Supervision of treatment. The treat- zen fruits and vegetables. ment approved in this section must be (a) The type of treatment designated conducted under the supervision of an in this subpart as freezing shall be one inspector of the Plant Protection and of those treatments commonly known Quarantine Programs. The inspector as quick freezing, sharp freezing, or shall require such safeguards in each frozen pack. In general this involves an specific case for unloading and han- initial quick freezing at subzero tem- dling of the nuts at the port of entry, peratures with subsequent storage and transportation of the nuts from the transportation handling at not higher ° place of unloading to the treatment fa- than 20 F. Any equivalent freezing cilities, and their handling during fu- method is also included in this designa- tion. migation and aeration as required by (b) The Deputy Administrator of the paragraph (a)(3) of this section, as he Plant Protection and Quarantine Pro- deems necessary to prevent the spread grams, under authority contained in of plant pests and assure compliance § 319.56–2, hereby prescribes freezing as with the provisions of this subpart. If a satisfactory treatment for all fruits any part of the treatment is conducted and vegetables enterable under permit in the country of origin, the person or under § 319.56. Such frozen fruits and organization requesting the service vegetables may be imported from any must enter into a formal agreement country under permit, on compliance with the Plant Protection and Quar- with §§ 319.56–1 through 319.56–7 (exclu- antine Programs to secure the services sive of non-related administrative in- of an inspector. structions), at such ports as shall be (5) Costs. All costs of treatment, re- authorized in the permits. quired safeguards, and supervision, (c) Such fruits and vegetables may other than the services of the super- not be removed from the vessel or vehi- vising inspector during regularly as- cle transporting them until it has been signed hours of duty and at the usual determined by an inspector of the place of duty, shall be borne by the Plant Protection and Quarantine Pro- owner of the commodity or his rep- grams that they are in a satisfactory resentative. frozen state on arrival in this country. (d) If the temperature of the fruits or (6) Department not responsible for dam- vegetables in any part of such an im- The treatment prescribed in para- ages. portation is found to be above 20 °F. at graph (a)(3) of this section is judged the time of inspection upon arrival, the from experimental tests to be safe for entire shipment shall remain on board use with acorns and chestnuts. How- the vessel or vehicle under such safe- ever, the Department assumes no re- guards as may be prescribed by the in- sponsibility for any damage sustained spector of the Plant Protection and through or in the course of the treat- Quarantine Programs until the tem- ment, or because of safeguards required perature of the shipment is below 20 under paragraph (a)(4) of this section. °F., or the shipment is transported out- (b) Canada and Mexico. Acorns and side the United States or its territorial chestnuts grown in and shipped from waters, or is otherwise disposed of to Canada and Mexico for purposes other the satisfaction of the inspector. than propagation are enterable without (e) The importation from foreign permit or further restriction under this countries of frozen fruits and vegeta- subpart. bles is not authorized when such fruits (c) Nuts for propagation. Acorns and and vegetables are subject to attack in chestnuts from any country may be the area of origin, by plant pests that imported for purposes of propagation may not, in the judgment of the Dep- uty Administrator of the Plant Protec- only in accordance with § 319.37. tion and Quarantine Programs, be de- [37 FR 19799, Sept. 22, 1972] stroyed by freezing.

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(f) Freezing of fruits and vegetables transit must be precooled to the tem- as authorized in the instructions in perature designated in or under para- this section is considered necessary for graph (a) of this section. The the elimination of pest risk, and no li- precooling may be conducted in accord- ability shall attach to the U.S. Depart- ance with either paragraph (b)(2) (i) or ment of Agriculture or to any officer or (ii) of this section: representative of that Department in (i) Fruit may be precooled at a dock- the event of injury resulting to fruits side refrigeration plant prior to loading or vegetables offered for entry in ac- aboard the carrying vessel. Such fruit cordance with the instructions in this shall be precooled to a temperature at section. which it can be transferred to the re- frigerated compartments on such ves- § 319.56–2d Administrative instruc- sel without a rise above the maximum tions for cold treatments of certain temperature prescribed in or under imported fruits. paragraph (a) of this section. A respon- (a) Treatments authorized. Fresh fruits sible official of the Department of Ag- imported in accordance with this sub- riculture of the country of origin shall part and required under this subpart to sample fruit temperatures in all sec- receive cold treatment as a condition tions of the lot of fruit until he is sat- of entry must be cold treated in ac- isfied that complete precooling has cordance with the Plant Protection been accomplished in accordance with and Quarantine (PPQ) Treatment Man- this section and shall issue a certifi- ual, which is incorporated by reference cate to that effect. As the loading pro- at § 300.1 of this chapter. The cold ceeds the certifying official shall take treatments listed in the PPQ Treat- frequent temperature readings of indi- ment Manual are authorized for any vidual boxes of fruit. A record of such fruit required to be cold treated under temperature readings shall accompany this subpart. the certificate. (b) Place and manner of treatments—(1) (ii) Fruit may be precooled aboard Places of precooling and refrigeration. the carrying vessel. Such fruit shall be Refrigeration may be conducted while precooled in the same refrigerated the fruit is on shipboard in transit to compartments in which it is to be re- 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

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readily available to an inspector of the said Customs official that the re- such Plant Protection and Quarantine quired cold treatment has been given. Programs at the port of arrival. (iv) Special requirements for the mari- (ii) Refrigeration shall begin when time port of Wilmington, NC. Shipments the loading of precooled fruit has been of fruit arriving at the maritime port completed or when precooling aboard of Wilmington, NC, for cold treatment, the vessel has been completed. Refrig- in addition to meeting all of the re- eration shall continue until the vessel quirements in paragraphs (b)(5)(i) arrives at the port of destination and through (b)(5)(iii) of this section, must the fruit is released for unloading by meet the following special conditions: an inspector of the Plant Protection (A) Bulk shipments (those shipments and Quarantine Programs, even though which are stowed and unloaded by the this may prolong the refrigeration be- case or bin) of fruit must arrive in fruit yond the required period. At least once fly-proof packaging that prevents the during every 24–hour period, the re- escape of adult, larval, or pupal fruit sponsible ship’s officer shall sign the flies. temperature chart, noting thereon the (B) Bulk and containerized shipments date and time. of fruit must be cold-treated within the (4) Safeguarding untreated fruit. When- area over which the Bureau of Customs ever fruit is offered for entry as cold is assigned the authority to accept en- treated in transit and it cannot be es- tries of merchandise, to collect duties, tablished to the satisfaction of such in- and to enforce the various provisions of spector that the fruit has received the the customs and navigation laws in required cold treatment, such safe- force. guards against the spread of fruitfly in- (C) Advance reservations for cold festation as the inspector may pre- treatment space must be made prior to scribe shall be immediately applied. the departure of a shipment from its (5) Cold treatment after arrival—(i) De- port of origin. livery. Fruit to be both precooled and refrigerated after arrival in the United (D) The cold treatment facility must States shall be delivered under the su- remain locked during non-working pervision of an inspector of the Plant hours. Protection and Quarantine Programs (v) Special requirements for the mari- to the approved cold storage warehouse time port of Seattle, WA. Shipments of where such treatment is to be con- fruit arriving at the maritime port of ducted. Seattle, WA, for cold treatment, in ad- (ii) Precooling and refrigeration. The dition to meeting all of the require- fruit must arrive at a temperature suf- ments in paragraphs (b)(5)(i) through ficiently low to prevent insect activity (b)(5)(iii) of this section, must meet the and shall be promptly precooled and re- following special conditions: frigerated. An automatic, continuous (A) Bulk shipments (those shipments temperature record is required of each which are stowed and unloaded by the refrigeration, like that prescribed in case or bin) of fruit must arrive in fruit paragraph (b)(3) of this section for re- fly-proof packaging that prevents the frigeration in transit. The number of escape of adult, larval, or pupal fruit records required will be designated by flies. the inspector for each refrigeration, de- (B) Bulk and containerized shipments pending upon the circumstances of of fruit must be cold-treated within the each operation. area over which the Bureau of Customs (iii) Customs. Shipments offered for is assigned the authority to accept en- entry before cold treatment may be al- tries of merchandise, to collect duties, lowed to leave customs custody under and to enforce the various provisions of redelivery bond for cold treatment. the customs and navigation laws in Final release of the shipment by the force. U.S. Collector of Customs, or, in the (C) Advance reservations for cold case of Guam, by the Customs officer of treatment space must be made prior to the Government of Guam, will be ef- the departure of a shipment from its fected after the inspector has notified port of origin.

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(D) The cold treatment facility must 4 square miles surrounding the cold remain locked during non-working treatment facility. hours. (G) The cold treatment facility must (E) Blacklight or sticky paper must have contingency plans, approved by be used within the cold treatment fa- the Deputy Administrator, for safely cility, and other trapping methods, in- destroying or disposing of fruit. cluding Jackson/methyl eugenol and (vii) Special requirements for the port of McPhail traps, must be used within the Gulfport, MS. Shipments of fruit arriv- 4 square miles surrounding the cold ing at the port of Gulfport, MS, for treatment facility. cold treatment, in addition to meeting (F) The cold treatment facility must all of the requirements in paragraphs have contingency plans, approved by (b)(5)(i) through (b)(5)(iii) of this sec- the Deputy Administrator, for safely tion, must meet the following special destroying or disposing of fruit. conditions: (vi) Special requirements for the air- (A) All fruit entering the port for ports of Atlanta, GA, and Seattle, WA. cold treatment must move in maritime Shipments of fruit arriving at the air- containers. No bulk shipments (those ports of Atlanta, GA, and Seattle, WA, shipments which are stowed and un- for cold treatment, in addition to loaded by the case or bin) are per- meeting all of the requirements in mitted at the port of Gulfport, MS. (B) Within the container, the fruit in- paragraphs (b)(5)(i) through (b)(5)(iii) of tended for cold treatment must be en- this section, must meet the following closed in fruit fly-proof packaging that special conditions: prevents the escape of adult, larval, or (A) Bulk and containerized shipments pupal fruit flies. of fruit must arrive in fruit fly-proof (C) All shipments of fruit arriving at packaging that prevents the escape of the port for cold treatment must be adult, larval, or pupal fruit flies. cold treated within the area over which (B) Bulk and containerized shipments the Bureau of Customs is assigned the of fruit arriving for cold treatment authority to accept entries of merchan- must be cold treated within the area dise, to collect duties, and to enforce over which the Bureau of Customs is the various provisions of the customs assigned the authority to accept en- and navigation laws in force. tries of merchandise, to collect duties, (D) The cold treatment facility and and to enforce the various provisions of Plant Protection and Quarantine must 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, in- (G) The cold treatment facility must cluding Jackson/methyl eugenol and remain locked during non-working McPhail traps, must be used within the hours.

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(H) Blacklight or sticky paper must fying official shall issue a certificate of be used within the cold treatment fa- precooling. cility, and other trapping methods, in- (iv) Fruit to be precooled on the car- cluding Jackson/methyl eugenol and rying vessel in the refrigerated com- McPhail traps, must be used within the partments shall be loaded under super- 4 square miles surrounding the cold vision of the certifying official to as- treatment facility. sure that all packages have the proper (I) During cold treatment, a backup clearance on all sides. system must be available to cold treat (v) Fruit in transit for cold treat- the shipments of fruit should the pri- ment after arrival shall be loaded in a mary system malfunction. The facility separate compartment and segregated must also have one or more reefers from any fruit that is being refrig- (cold holding rooms) and methods of erated in transit. identifying lots of treated and un- (vi) Fruit not intended for any phase treated fruits. of cold treatment shall not be loaded in (J) The cold treatment facility must the same refrigerated compartment have the ability to conduct methyl bro- with fruit to be given such cold treat- mide fumigations on-site. ment. (K) The cold treatment facility must (vii) The certifying official shall cali- have contingency plans, approved by brate the elements of the temperature the Deputy Administrator, for safely recording instruments not more than 3 destroying or disposing of fruit. days prior to the loading of fruit, by (6) Containers and season of arrival. immersing them in a 32 °F. mixture of Containers should be uniform and suit- crushed ice and fresh water, and re- ably constructed to maintain firm cording their deviation from 32 °F. He stacking in the compartment through- shall also supervise the placement of out the voyage. Shipments may be the temperature elements in the proper made during any season of the year. places in the cargo of fruit. Untreated fruit arriving in broken con- (viii) The certifying official shall tainers must be immediately repacked record the following data, noting the under the supervision of an inspector date and time, on the temperature or the contents must be immediately chart: (a) Commencement of loading of destroyed in a manner satisfactory to each compartment, (b) insertion of the the inspector. sensing elements into the fruit, and (c) (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 tem- perature 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 certi- stamp or mark placed on all containers

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of fruit undergoing intransit refrigera- ments of certain fruits, it should be tion. emphasized that inexactness and care- (8) Inspection of fruits after cold treat- lessness in applying the treatments ment for Mediterranean fruit fly. An in- may result in injury to the fruit, or its spector will sample and cut fruit from rejection for entry. Oranges have been each shipment cold treated for Medi- successfully cold treated for the false terranean fruit fly (Medfly) to monitor codling moth in commercial shipments treatment effectiveness. If a single live at the temperature prescribed in para- Medfly in any stage of development is graph (a)(2)(v) of this section. Since found, the shipment will be held until commercial varieties of oranges show a an investigation is completed and ap- wide variation in acceptable refrigera- propriate remedial actions have been tion temperatures, it is recommended implemented. If APHIS determines at that extensive tests be made with each any time that the safeguards contained variety in the country of origin before in this section do not appear to be ef- shipping in commercial quantities. fective against the Medfly, APHIS may [31 FR 16601, Dec. 29, 1966; as amended at 32 suspend the importation of fruits from FR 12832, Sept. 8, 1967; 32 FR 13215, Sept. 19, the originating country and conduct an 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917, investigation into the cause of the defi- Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR ciency. 40796, Aug. 10, 1994; 59 FR 67610, Dec. 30, 1994; (c) Approval of precooling plants, re- 61 FR 47666, Sept. 10, 1996; 67 FR 63536, Oct. frigerated compartments, warehouses. All 15, 2002] precooling plants in the country of ori- gin, the refrigerated compartments on § 319.56–2e Administrative instruc- tions; conditions governing the the carrying vessels, and cold storage entry of cipollini from Morocco. warehouses at the Port of New York or subsequently designated northern ports (a) Shipments of cipollini (Muscari must have prior approval of the Deputy comosum) from Morocco have fre- Administrator of the Plant Protection quently been found infested at time of and Quarantine Programs before any entry with an injurious insect, phase of cold treatment is begun. Re- Exosoma lusitanica, not known to quests for such approval shall be made occur in the United States. The limited to the Plant Protection and Quar- type of inspection at our disposal is not antine Programs, Animal and Plant considered adequate to detect all cases Health Inspection Service, U.S. Depart- of infestation and, since the effective- ment of Agriculture, Washington, DC ness of methyl bromide fumigation in 20250. 1 Hereafter before a shipboard re- freeing this product from the insect in frigeration installation will be ap- question is now well established, it has proved it must first be certified by the been decided to require this fumigation American Bureau of Shipping or a com- as a condition of entry for future ship- parable agency as in good order, with ments. the insulated spaces clean and other- (b) On and after December 7, 1939, wise in satisfactory condition. therefore, fumigation with methyl bro- (d) Caution and disclaimer. The cold mide will be a condition of entry for all treatments required for the entry of shipments of cipollini from Morocco. fruit are considered necessary for the This treatment shall be carried out elimination of plant pests, and no li- under the supervision of a plant quar- ability shall attach to the U.S. Depart- antine inspector at the expense of the ment of Agriculture or to any officer or importer, and release of the shipment representative of that Department in will be withheld until the treatment the event injury results to fruit offered has been completed. In addition to fu- for entry in accordance with these in- migation only such inspection will be structions. In prescribing cold treat- given as the inspector may judge nec- essary from time to time to determine

1 pest conditions on arrival or to assure Applications for permits to import fruit himself of the effectiveness of the under this subpart may be made to the Ani- mal and Plant Health Inspection Service, treatment. Plant Protection and Quarantine, Port Oper- (c) The entry of cipollini from Mo- ations, Permit Unit, 4700 River Road Unit rocco may be made only through the 136, Riverdale, Maryland 20737–1236. ports of New York and Boston at which

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ports facilities for vacuum fumigation ing season with an oil-copper with methyl bromide, as herein re- oxychloride spray. The timing of each quired, are available. treatment shall be determined by [24 FR 10788, Dec. 29, 1959. Redesignated at 50 SENASA’s expert system based on its FR 9788, Mar. 12, 1985] monitoring of climatic data, fruit sus- ceptibility, and the presence of disease § 319.56–2f Administrative instructions inoculum. The application of treat- governing importation of grape- ments shall be monitored by SENASA fruit, lemons, and oranges from Ar- to verify proper application. gentina. (6) The grove and buffer area must be Fresh grapefruit, lemons, and or- surveyed by SENASA 20 days before anges may be imported from Argentina the grapefruit, lemons, or oranges are into the continental United States (the harvested to verify the grove’s freedom contiguous 48 States, Alaska, and the from citrus black spot (Guignardia District of Columbia) only under per- citricarpa) and sweet orange scab mit and only in accordance with this (Elsinoe australis). The grove’s freedom section and all other applicable re- from citrus black spot and sweet or- quirements of this subpart. ange scab shall be verified through: (a) Origin requirement. The grapefruit, (i) Visual inspection of the grove and lemons, or oranges must have been buffer area; and grown in a grove located in a region of (ii) The sampling of 4 fruit from each Argentina that has been determined to of 298 randomly selected trees from be free from citrus canker. The fol- each grove and buffer area covering a lowing regions in Argentina have been maximum area of 800 hectares. If the determined to be free from citrus can- area to be sampled exceeds 800 hec- ker: The States of Catamarca, Jujuy, tares, SENASA must contact APHIS Salta, and Tucuman. for APHIS’ determination as to the (b) Grove requirements. The grapefruit, number of trees to be sampled. The lemons, or oranges must have been sampled fruit must be taken from grown in a grove that meets the fol- those portions of the trees that are lowing conditions: mostly likely to have infected, sympto- (1) The grove must be registered with matic fruit (i.e. near the outer, upper the citrus fruit export program of the part of the canopy on the sides of the Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA). tree that receive the most sunlight). (2) The grove must be surrounded by The sampled fruit must be held in the ° a 150-meter-wide buffer area. No citrus laboratory for 20 days at 27 C, 80 per- fruit grown in the buffer area may be cent relative humidity, and in perma- offered for importation into the United nent light to promote the expression of States. symptoms in any fruit infected with (3) Any new citrus planting stock citrus black spot. used in the grove must meet one of the (c) After harvest. After harvest, the following requirements: grapefruit, oranges, or lemons must be (i) The citrus planting stock origi- handled in accordance with the fol- nated from within a State listed in lowing conditions: paragraph (a) of this section; or (1) The fruit must be moved from the (ii) The citrus planting stock was ob- grove to the packinghouse in field tained from a SENASA-approved citrus boxes or containers of field boxes that stock propagation center. are marked to show the SENASA reg- (4) All fallen fruit, leaves, and istration number of the grove in which branches must be removed from the the fruit was grown. The identity of ground in the grove and the buffer area the origin of the fruit must be main- before the trees in the grove blossom. tained. The grove and buffer area must be in- (2) During the time that any grape- spected by SENASA before blossom to fruit, lemons, or oranges from groves verify that these sanitation measures meeting the requirements of paragraph have been accomplished. (b) of this section are in the packing- (5) The grove and buffer area must be house, no fruit from groves that do not treated at least twice during the grow- meet the requirements of paragraph (b)

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of this section may enter the packing- ently free from citrus black spot and house. A packinghouse technician reg- sweet orange scab. istered with SENASA must verify the (e) Cold treatment. Due to the pres- origin of all fruit entering the packing- ence in Argentina of Mediterranean house. fruit fly (Medfly) (Ceratitis capitata) and (3) After arriving at the packing- fruit flies of the genus Anastrepha, house, the fruit must be held at room grapefruit, lemons (except smooth- temperature for 4 days to allow bruises skinned lemons), and oranges offered or other fruit damage to become appar- for entry from Argentina must be ent. treated with an authorized cold treat- (4) After the 4-day holding period, ment listed in the Plant Protection bruised or damaged fruit must be and Quarantine Treatment Manual, culled and the fruit must be inspected which is incorporated by reference at by SENASA to verify its freedom from § 300.1 of this chapter. The cold treat- citrus black spot and sweet orange ment must be conducted in accordance scab. The fruit must then be chemi- with the requirements of § 319.56–2d of cally treated as follows: this subpart. (i) Immersion in sodium hypochlorite (f) Disease detection. If, during the (chlorine) at a concentration of 200 course of any inspection or testing re- parts per million for 2 minutes; quired by this section or § 319.56–6 of (ii) Immersion in orthophenilphenate this subpart, or at any other time, cit- of sodium; rus black spot or sweet orange scab is (iii) Spraying with imidazole; and detected on any grapefruit, lemons, or (iv) Application of 2–4 thiazalil benz- oranges, APHIS and SENASA must be imidazole and wax. notified and the grove in which the (5) Before packing, the treated fruit fruit was grown or is being grown shall must be individually labeled with a be removed from the SENASA citrus sticker that identifies the packing- export program for the remainder of house in which they were packed and that year’s growing and harvest season, must be inspected by SENASA to and the fruit harvested from that grove verify its freedom from citrus black may not be imported into the United spot and sweet orange scab and to en- States from the time of detection sure that all stems, leaves, and other through the remainder of that shipping portions of plants have been removed season. from the fruit. (6) The fruit must be packed in clean, (g) Limitations on distribution. The dis- new boxes that are marked with the tribution of the grapefruit, lemons, and SENASA registration number of the oranges is limited to the continental grove in which the fruit was grown and United States (the 48 contiguous a statement indicating that the fruit States, Alaska, and the District of Co- may not be distributed in Hawaii, lumbia.). In addition, during the 2000 Guam, the Northern Mariana Islands, through 2003 shipping seasons, the dis- Puerto Rico, the U.S. Virgin Islands, or tribution of the grapefruit, lemons, and in any State (each of which must be in- oranges is further limited as follows: dividually listed) into which the dis- (1) During the 2000 and 2001 shipping tribution of the fruit is prohibited pur- seasons, the fruit may be distributed in suant to paragraph (g)(1) or (g)(2) of all areas of the continental United this section. States except Alabama, Arizona, Ar- (d) Phytosanitary certificate. Grape- kansas, California, Colorado, Florida, fruit, lemons, and oranges offered for Georgia, Louisiana, Mississippi, Ne- entry into the United States from Ar- vada, New Mexico, Oklahoma, Oregon, gentina must be accompanied by a Texas, and Utah. phytosanitary certificate issued by (2) During the 2002 and 2003 shipping SENASA that states the grapefruit, seasons, the fruit may be distributed in lemons, or oranges were produced and all areas of the continental United handled in accordance with the re- States except Arizona, California, Flor- quirements of paragraphs (a), (b), and ida, Louisiana, and Texas. (c) of this section and that the grape- (3) For the 2004 shipping season and fruit, lemons, or oranges are appar- beyond, the fruit may be distributed in

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all areas of the continental United Quarantine Programs as a condition of States. entry under permit for shipments of (h) Ports of entry. The grapefruit, garlic (Allium sativum) from Italy and lemons, and oranges may enter the Spain: United States only through a port of (i) A certificate shall be obtained entry located in a State where the dis- from the appropriate phytosanitary of- tribution of the fruit is authorized pur- ficial of the country of origin to the ef- suant to paragraph (g) of this section. fect that such garlic is free of living (i) Repackaging. If any grapefruit, stages of Brachycerus spp. and lemons, or oranges are removed from their original shipping boxes and re- Dyspessa ulula (Bkh.), said certifi- packaged, the stickers required by cation to be based on field inspection paragraph (c)(5) of this section may not and certification and subsequent reex- be removed or obscured and the new amination at the port of departure boxes must be clearly marked with all prior to exportation. The the information required by paragraph phytosanitary certificate to be issued (c)(6) of this section. by such official shall show the ship- ment to be either initially free from (Approved by the Office of Management and Budget under control number 0579–0134) these pests or to have been fumigated. (ii) The original copy of the [65 FR 37668, June 15, 2000] phytosanitary certificate shall be at- § 319.56–2g Administrative instruc- tached to the manifest accompanying tions prescribing method of treat- the shipment. However, with the con- ment of garlic from specified coun- sent of the Plant Quarantine inspector, tries. the importer may arrange to have the (a) Except as otherwise provided in original phytosanitary certificate these administrative instructions, fu- mailed direct to the Inspector in migation with methyl bromide in vacu- Charge, Plant Protection and Quar- um fumigation chambers, in accord- antine Programs, at the port of entry, ance with the Plant Protection and if this will expedite inspection and re- Quarantine Treatment Manual, which lease of certified shipments. If such an is incorporated by reference at § 300.1 of arrangement is made, a copy of the this chapter, is a condition of entry phytosanitary certificate shall be at- under permit for all shipments of garlic tached to the manifest accompanying (Allium sativum) from Algeria, Armenia, the shipment. Austria, Azerbaijan, Czech Republic, Egypt, Estonia, France, Georgia, Ger- (iii) Shipments of certified Italian or many, Greece, Hungary, Iran, Israel, Spanish garlic will be subject to in- Italy, Latvia, Lithuania, Moldova, Mo- spection upon arrival in the United rocco, Portugal, Romania, the area of States and if found infested with living the Russian Federation west of the stages of Brachycerus spp. or Dyspessa Ural Mountains, Slovakia, South Afri- ulula (Bkh.) shall be fumigated in ac- ca (Republic of), Spain, Switzerland, cordance with paragraph (a) of this sec- Syria, Turkey, Ukraine, and the area tion. of the former Yugoslavia. Fumigation (2) The entry of certified garlic under is to be carried out under the super- the alternate procedure provided for in vision of a plant quarantine inspector paragraph (b)(1) of this section will be and at the expense of the importer. limited to the ports named in para- While it is believed that the garlic will graph (a)(1) of this section or such be unaffected by the fumigation, the other ports as may subsequently be treatment will be at the importer’s named in the permits. risk. Such entry will be limited to (3) Continuance of the alternate pro- ports named in the permits, where ap- cedure provided for in paragraph (b)(1) proved facilities for vacuum fumiga- of this section for the importation of tion with methyl bromide are avail- Italian or Spanish garlic is contingent able. (b)(1) The following alternate proce- upon the satisfactory observance of dure is approved by the Deputy Admin- istrator of the Plant Protection and

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such procedure by the respective coun- tified or cashier’s check with APHIS tries of origin. for the amount of these costs, as esti- [24 FR 10788, Dec. 29, 1959, as amended at 35 mated by APHIS. If the deposit is not FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, sufficient to meet all costs incurred by 1971. Redesignated at 50 FR 9788, Mar. 12, APHIS, the agreement further requires 1985; 62 FR 50235, Sept. 25, 1997] the national plant protection service of Australia to deposit with APHIS a cer- § 319.56–2h Regulations governing the tified or cashier’s check for the amount entry of grapes from Australia. of the remaining costs, as determined (a) Importations allowed. (1) Grapes by APHIS, before the grapes may be from Australia may be imported into imported. After a final audit at the the United States only if they are in- conclusion of each shipping season, any spected by an inspector of the Animal overpayment of funds would be re- and Plant Health Inspection Service turned to the national plant protection [APHIS], either in Australia or the United States, and treated with an au- service of Australia, or held on account thorized treatment under the super- until needed. vision of an APHIS inspector for the (d) Department not responsible for dam- following pests: the Mediterranean age. The treatment for grapes from fruit fly (Ceratitis capitata), the Queens- Australia prescribed in the Plant Pro- land fruit fly (Dacus tryoni), and the tection and Quarantine Treatment light brown apple moth (Epiphyas Manual is judged from experimental postvittana). tests to be safe. However, the Depart- (2) If an APHIS inspector finds evi- ment assumes no responsibility for any dence of any other insect pests for damage sustained through or in the which a treatment authorized in the course of such treatment. Plant Protection and Quarantine Treatment Manual is available, the [55 FR 25953, June 26, 1990, as amended at 67 grapes will remain eligible for importa- FR 8465, Feb. 25, 2002] tion into the United States only if they § 319.56–2i Administrative instructions are treated for the pests in Australia, prescribing treatments for mangoes or at their first port of arrival in the from Central America, South Amer- United States, under the supervision of ica, and the West Indies. an APHIS inspector. (b) Authorized treatments. Authorized (a) Authorized treatments. Treatment treatments are listed in the Plant Pro- with an authorized treatment listed in tection and Quarantine Treatment the Plant Protection and Quarantine Manual, which is incorporated by ref- Treatment Manual will meet the treat- erence at § 300.1 of this chapter. ment requirements imposed under (c) Trust Fund Agreement. Grapes that § 319.56–2 as a condition for the impor- undergo the fumigation phase of their tation into the United States of man- treatment in Australia may be im- goes from Central America, South ported into the United States only if America, and the West Indies. The the national plant protection service of Plant Protection and Quarantine Australia has entered into a trust fund Treatment Manual is incorporated by agreement with APHIS. This agree- reference at § 300.1 of this chapter. ment requires the national plant pro- (b) Department not responsible for dam- tection service of Australia to pay in age. The treatments for mangoes pre- advance all costs that APHIS esti- scribed in the Plant Protection and mates it will incur in providing serv- Quarantine Treatment Manual are ices in Australia. These costs include judged from experimental tests to be administrative expenses and all sala- safe. However, the Department as- ries (including overtime and the Fed- sumes no responsibility for any damage eral share of employee benefits), travel sustained through or in the course of expenses, and other incidental expenses incurred by APHIS inspectors in per- such treatment. forming these services. The agreement [65 FR 37669, June 15, 2000, as amended at 67 requires the national plant protection FR 8466, Feb. 25, 2002] service of Australia to deposit a cer-

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§ 319.56–2j Conditions governing the ment is required as a condition of entry of apples and pears from Aus- entry under § 319.56–2(e)(3) for any ship- tralia (including Tasmania) and ment of apples or pears required to be New Zealand. 2 treated under paragraph (a)(1) of this Apples and pears from Australia (in- section. cluding Tasmania) and New Zealand The fruit may be fumigated in normal may be imported only in accordance atmospheric chambers, under tarpau- with § 319.56–2(e) (2) or (3) and under lins, in van trucks or other enclosures permit and in compliance with this sec- that have been approved for that pur- tion and the other requirements of this pose by an inspector of the plant pro- subpart. tection and quarantine programs. (a) Conditions of entry—(1) Statistical When the fumigation is carried out, it sample inspection. A biometrically de- must be accomplished in a manner sat- signed statistical sample will be taken isfactory to the inspector to insure under § 319.56–6 by the inspector of the adequate air and commodity tempera- plant protection and quarantine pro- tures, and proper volatilization, dis- grams from each shipment 3 of apples tribution, and concentration of the fu- and each shipment of pears moved from migant, for effective destruction of all New Zealand or Australia (including such pests present. Apples and pears to Tasmania), that are offered for entry be fumigated may be packed in wooden into the United States and, if inspec- crates, fiberboard cartons, or other tion of such sample discloses that pests gas-permeable containers. The fruit of the family Tortricidae (fruit-leaf must be packed so as to provide for roller complex) which are dangerous maximum distribution of the fumigant. and destructive pests of apples and If the fruit is packed in a gas-imper- pears are not present in the shipment vious liner, the liner must be per- sampled and the shipment therefore forated to provide for the entry and does not present a risk of introducing aeration of the methyl bromide gas. such pest, such fruit may be imported The individual fruit may be wrapped under § 319.56–2(e)(2) without treatment with tissue paper. Cubic feet of space as prescribed in paragraph (a)(2) of this under fumigation shall include the load section. If any such pests are found on of fruit to be fumigated. The exposure such inspection the shipment must be period shall begin when all the fumi- treated as prescribed in paragraph gant which has been introduced into (a)(2) of this section. the chamber or enclosure has been (2) Approved fumigation. Fumigation volatilized. The fumigation tempera- with methyl bromide in accordance tures required in these treatments with procedures described in this sec- shall be that of the pulp temperatures tion is effective against certain insect of the fruit. Fumigation with methyl pests of the family Tortricidae found in bromide shall be in accordance with Australia (including Tasmania) and the following schedules: New Zealand. Accordingly, this treat- (i) Chamber: 1

MB at NAP 11⁄2 lb for 2 hours at 80–89 °F. 2 Apples and pears from Australia (exclud- ing Tasmania) where certain tropical fruit flies occur are also subject to the cold treat- ment requirements of § 319.56–2d. 3A shipment is defined as all of a type (genus) of fruit from the same country of ori- (ii) Tarpaulin truck van and refrig- gin offered at a U.S. port and from a single erator railway car fumigation: carrier, regardless of marks and numbers, growers’ lots, Customs entries, or numbers of 1 MB=methyl bromide; NAP=normal atmos- importers involved. pheric pressure.

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ment or because of safeguards required MB at NAP 11⁄2 lb/1,000 ft3 for 21⁄2 hours at 80– 89 °F. (18 oz minimum gas con- under paragraph (a)(4) of this section. centration at 1⁄2 hour) (14 oz min- [38 FR 9005, Apr. 9, 1973, as amended at 47 FR imum gas concentration at 21⁄2 13320, Mar. 30, 1982. Redesignated at 50 FR hours). 2 lbs/1,000 ft3 for 21⁄2 hours 9788, Mar. 12, 1985] at 70–79 °F. (25 oz minimum gas concentration at 1⁄2 hour) (18 oz 1 § 319.56–2k Administrative instruc- minimum gas concentration at 2 ⁄2 hours). 21⁄2 lbs/1,000 ft3 for 21⁄2 tions prescribing method of fumiga- hours at 60–69 °F. (31 oz minimum tion of field-grown grapes from gas concentration at 1⁄2 hour) (24 specified countries. oz minimum gas concentration at Approved fumigation with methyl 1 3 1 2 ⁄2 hours). 3 lbs/1,000 ft for 2 ⁄2 bromide at normal atmospheric pres- hours at 50 –59 °F. (36 oz min- sure, in accordance with the following imum gas concentration at 1⁄2 hour) (28 oz. minimum gas concentration procedure, is hereby prescribed as a at 21⁄2 hours). 4 lb/1,000 ft3 for 21⁄2 condition of entry under permit for all hours at 40–49 °F. (45 oz minimum shipments of field-grown grapes from gas concentration at 1⁄2 hour) (34 the continental countries of southern oz minimum gas concentration at and middle Europe, North Africa, and 1 2 ⁄2 hours). the Near East listed in paragraph (a) of (3) Ports of entry. Apples and pears to this section. This fumigation shall be be offered for entry under this section in addition to other conditions pre- may be shipped to any U.S. port where scribed in the permit as conditions of inspectors are located and which are entry for field-grown grapes from the named in the permit. areas named. (4) Supervision of treatment. The treat- (a) Continental countries of southern ment approved in this section must be and middle Europe, North Africa, and the conducted under the supervision of an Near East. As used in this section, the inspector of the plant protection and term ‘‘continental countries of south- quarantine programs. The inspector ern and middle Europe, North Africa, shall require such safeguards in each and the Near East’’ means Algeria, specific case for unloading and han- Austria, Bulgaria, Cyprus, Egypt, dling of the fruit at the port of entry, France, Germany, Greece, Hungary, transportation of the fruit from the Israel, Italy, Libya, Luxembourg, Por- place of unloading to the treatment fa- tugal, Spain, Switzerland, Syria, and cilities, and its handling during fumi- Union of Soviet Socialist Republics. gation and aeration as required by (b) Ports of entry. Grapes to be offered paragraph (a)(2) of this section, as he for entry must be shipped from the deems necessary to prevent the spread country of origin to New York or such of insect pests and assure compliance other North Atlantic ports as may be with the provisions of this subpart. named in the permit. (5) Costs. All costs of treatment, re- (c) Precooling of fruit. Grapes to be of- quired safeguards, and supervision, fered for entry must be shipped under refrigeration and the fruit may not be other than the services of the super- removed from the vessel until the in- vising inspector during regularly as- spector has satisfied himself that this signed hours of duty and at the usual requirement has been complied with place of duty, shall be borne by the and that the fruit can be moved owner of the fruit or his representa- promptly for treatment without danger tive. of plant pest dissemination. 1 (6) Department not responsible for dam- (d) Approved fumigation. Approved fu- ages. The treatment prescribed in para- migation shall consist of fumigation graph (a)(2) of this section is judged from experimental tests and uses for quarantine purposes to be safe for fu- 1 Grapes from countries where the Medi- terranean fruit fly occurs are subject to the migation of apples and pears. However, cold treatment as described in § 319.56–2d. the Department assumes no responsi- Under certain conditions such treatment bility for any damage sustained may be effected in transit or upon arrival at through or in the course of the treat- the port of New York.

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with methyl bromide at normal atmos- § 319.56–2l Administrative instructions pheric pressure in a fumigation cham- prescribing method of treatment of ber that has been approved for that imported yams. purpose by the Plant Protection and (a) Fumigation upon arrival. Except as Quarantine Programs. The fumigation otherwise provided in paragraph (b) of may also be accomplished under tar- this section, approved fumigation with paulins in a manner, satisfactory to methyl bromide at normal atmospheric the inspector, that will insure adequate pressure, in accordance with the fol- air and fruit temperatures, volatiliza- lowing procedure, upon arrival at the tion, distribution, and concentration of port of entry, is hereby prescribed as a the fumigant. Such fumigation shall be condition of importation under permit in accordance with the following fumi- under § 319.56–2 for shipments of yams from all foreign countries. gation schedule: (1) Ports of entry. Yams to be offered for entry may be shipped, under permit Temperature, degrees Methyl bromide dos- Exposure F. age in pounds per time—hours under § 319.56–2, direct from the country 1,000 cubic feet of origin to ports in the United States

70–79 ...... 2 21⁄2 where approved fumigation facilities 60–69 ...... 21⁄2 21⁄2 are available. 50–59 ...... 3 21⁄2 (2) Approved fumigation. (i) The ap- 40–49 ...... 31⁄2 21⁄2 proved fumigation shall consist of fu- migation with methyl bromide at nor- (e) Supervision of fumigation. Inspec- mal atmospheric pressure, in a fumiga- tors of the Plant Protection and Quar- tion chamber that has been approved antine Programs shall supervise the fu- for that purpose by the Plant Protec- migation of grapes and shall prescribe tion and Quarantine Programs. The such safeguards as may be necessary dosage shall be applied at the following for unloading, handling, and transpor- rates: tation preparatory to fumigation or Dosage (pounds of Exposure other treatment. The final release of Temperature, (°F.) methyl bromide per period the fruit for entry into the United 1,000 cubic feet) (hours) States will be conditioned upon com- 90–96 ...... 2.5 4 pliance with prescribed safeguards and 80–89 ...... 3.0 4 required treatments. 70–79 ...... 3.5 4 (f) Costs. All costs of treatment and (ii) Yams to be fumigated may be required safeguards and supervision, packed in slatted crates or other gas- other than the services of the super- permeable containers. The fumigation vising inspector during regularly as- chamber shall not be loaded to more signed hours of duty and at the usual than two-thirds of its capacity. The place of duty, shall be borne by the four-hour exposure period shall begin owner of the grapes or his representa- when all the fumigant has been intro- tive. duced into the chamber and volatilized. (g) Department not responsible for dam- Cubic feet of space shall include the age. The treatment prescribed in para- load of yams to be fumigated. The re- graph (d) of this section is judged from quired temperatures apply to both the experimental tests to be safe for use air and the yams. Good circulation with field-grown grapes. However, the above and below the load shall be pro- Department assumes no responsibility vided as soon as the yams are loaded in for any damage sustained through or in the chamber and shall continue during the course of such treatment or by the full period of fumigation and until compliance with requirements under the yams have been removed to a well- paragraph (e) of this section or in the ventilated location. Fumigation of 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

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packed to prevent this. At the same in Cuba in accordance with paragraph time they should be given as much aer- (a)(2) of this section. ation as possible. (ii) Approval of fumigation plants; costs (3) Other conditions. (i) Inspectors of of supervision. Fumigation in Cuba will the Plant Protection and Quarantine be contingent upon the availability of Programs will supervise the fumigation a fumigation plant, approved by the of yams and will specify such safe- Deputy Administrator of the Plant guards as may be necessary for their Protection and Quarantine Programs, handling and transportation before and to apply the treatment prescribed in after fumigation, if, in the opinion of paragraph (a)(2) of this section and the inspector, this is necessary to as- upon the availability of qualified per- sure there will be no pest risk associ- sonnel for assignment to approve the ated with the importation and treat- plant and to supervise the treatment ment. Final release of the yams for and posttreatment handling of the entry into the United States will be yams in Cuba. Those in interest must conditioned upon compliance with the make advance arrangements for ap- specified safeguards. proval of the fumigation plant and for (ii) Supervision of approved fumiga- supervision, and furnish the Deputy tion chambers will, if practicable, be Administrator of the Plant Protection carried on as a part of normal port in- and Quarantine Programs with accept- spection activities. When so available able assurances that they will provide, such supervision will be furnished without cost to the United States De- without cost to the owner of the yams partment of Agriculture, for all trans- or his representative. portation, per diem, and other inci- (4) Costs. All costs of treatment and dental expenses of such personnel and required safeguards and supervision, compensation for such personnel for other than the services of the super- their services in excess of 40 hours vising inspector during regularly as- weekly, in connection with such ap- signed hours of duty and at the usual proval and supervision, according to place of duty, shall be borne by the the rates established for the payment owner of the yams, or his representa- of inspectors of the Plant Protection tive. and Quarantine Programs. (5) Department not responsible for dam- (iii) Supervision of fumigation and sub- age. While the prescribed treatment is sequent handling. The fumigation pre- judged from experimental tests to be scribed in this paragraph and the sub- safe for use with yams, the Department sequent handling of the yams so fumi- assumes no responsibility for any dam- gated must be under the supervision of age sustained through or in the course a representative of the Plant Protec- of treatment or because of tion and Quarantine Programs. The pretreatment or posttreatment safe- treated yams must be safeguarded guards. against insect infestation during the (b) Alternate procedures. (1) Yams pro- period prior to shipment from Cuba, in duced in Japan and offered for entry a manner required by such representa- under a permit issued in accordance tive. with § 319.56–2 shall be subject to exam- (iv) Certification. Yams will be cer- ination by an inspector at the port of tified by a representative of the Plant entry. If this examination shows the Protection and Quarantine Programs yams to be free of plant pests, they in Cuba for entry into the United may be imported without the fumiga- States upon the basis of treatment tion required by paragraph (a) of this under this subparagraph and compli- section. ance with the posttreatment safeguard (2) Yams produced in Cuba, if satis- requirements imposed by such rep- factorily treated in Cuba and otherwise resentative. The final release of the handled and certified as provided in yams for entry into the United States this subparagraph will be eligible for will be conditioned upon compliance entry under permit under § 319.56–2. with such requirements and upon satis- (i) Approved fumigation. The yams factory inspection on arrival to deter- shall be fumigated at approved plants mine efficacy of treatment.

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(v) Costs. All costs incident to fumi- (a) Ports of entry. (1) Grapes from gation, including those for construc- Chile may be imported through all tion, equipping, maintaining and oper- maritime ports when approved facili- ating fumigation plants and facilities, ties are available for fumigation in ap- and carrying out requirements of proved chambers or under tarpaulins. posttreatment safeguards, and all costs (2) Apricots, nectarines, peaches, as indicated in paragraph (b)(2)(ii) of plumcot, and plums from Chile may be this section incident to plant approval imported through ports on the Great and supervision of treatment and sub- Lakes, or on the Atlantic and Gulf sequent handling of the yams in Cuba Coasts (exclusive of Florida ports), sub- shall be borne by the owner of the ject to the availability of such ap- yams or his representative. proved fumigation facilities. (vi) Department not responsible for (b) Approved fumigation. Approved fu- damage. The treatment prescribed in migation shall consist of fumigation paragraph (a)(2) of this section is with methyl bromide at normal atmos- judged from experimental tests to be pheric pressure in a fumigation cham- safe for use with yams. However, the ber that has been approved for that Department assumes no responsibility purpose by the Plant Protection and for any damage sustained through or in Quarantine Programs. The fumigation the course of treatment, or because of may also be accomplished under tar- posttreatment safeguards. paulins in a manner, satisfactory to (vii) Ports of entry. Yams to be offered the inspector, that will ensure ade- for entry in accordance with the alter- quate air and fruit temperatures, and nate procedure provided for in this sub- volatilization, distribution, and con- paragraph may be entered under per- centration of the fumigant. The treat- mit under § 319.56–2 at any United ment period shall be 2 hours for cham- 1 States port where an inspector is sta- ber fumigation and 2 ⁄2 hours for tar- tioned. paulin fumigation, and the load shall not exceed 80 percent of the chamber (viii) Ineligible shipments. Any ship- volume or area enclosed by the tar- ments of yams produced in Cuba that paulin. The fumigation shall be in ac- are not eligible for certification under cordance with the following schedule: the alternate procedure provided for in this paragraph may enter only upon Temperature (°F.) Dosage—pounds of methyl compliance with paragraph (a) of this bromide per 1,000 cu. ft.

section. 80–89 (inclusive) ...... 11⁄2 70–79 (inclusive) ...... 2 [24 FR 10788, Dec. 29, 1959. Redesignated at 50 60–69 (inclusive) ...... 21⁄2 FR 9788, Mar. 12, 1985] 50–59 (inclusive) ...... 3 40–49 (inclusive) ...... 4 § 319.56–2m Administrative instruc- tions prescribing method of fumiga- (c) Supervision of fumigation. Inspec- tion of apricots, grapes, nectarines, tors of the Plant Protection and Quar- peaches, plumcot, and plums from antine Programs shall supervise the fu- Chile. migation of apricots, grapes, nec- Approved fumigation with methyl tarines, peaches, plumcot, and plums bromide at normal atmospheric pres- from Chile and shall prescribe such sure, in accordance with the following safeguards as may be necessary for un- procedure, is hereby prescribed as a loading, handling, and transportation condition of entry under permit for all preparatory to fumigation or other shipments of apricots, grapes, nec- treatment. The final release of the tarines, peaches, plumcot, and plums fruit for entry into the United States from Chile. This fumigation shall be in will be conditioned upon compliance addition to other conditions that may with prescribed safeguards and re- be prescribed in the permit, such as a quired treatments. 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

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place of duty, shall be borne by the section, is specific for the Mediterra- owner of the fruits or his representa- nean fruit fly, the oriental fruit fly, tive. and the grape vine moth, and for cer- (e) Department not responsible for dam- tain pests of grapes and other fruit age. The treatment prescribed in para- from Chile, but may not be effective graph (b) of this section is judged from against certain other dangerous pests experimental tests to be safe for use of fruit. Accordingly this treatment with apricots, grapes, nectarines, will be approved for use as an alter- peaches, plumcot, and plums from native method of treatment to the Chile. However, the Department as- methods prescribed in § 319.56–2d and sumes no responsibility for any damage § 319.56–2n, in connection with the sustained through or in the course of issuance of permits under § 319.56–4 for such treatment or by compliance with the importation of fruits from any requirements under paragraph (c) of country when it is determined that the this section. pest risk involved in the proposed im- portation is such that it will be elimi- [25 FR 10865, Nov. 16, 1960, as amended at 36 nated by this treatment. FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; (a) Ports of entry. Fruits to be offered 58 FR 69179, Dec. 30, 1993] for entry may be shipped from the country of origin to United States § 319.56–2n Administrative instruc- ports which are named in the permit. tions prescribing a combination (b) Approved treatment. The phases of treatment of fumigation plus refrig- the combination treatment shall con- eration for certain fruits. sist of fumigation and aeration, and a Fumigation with methyl bromide at precooling and refrigeration period. normal atmospheric pressure followed The fumigation dosage rates and refrig- by refrigerated storage, in accordance eration periods are designated in the with the procedures described in this following table:

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2 ⁄ 1 hours F. or above dosage Exposure period ° Methyl bromide at 70 2 pounds/1000 cubic feet ...... 2 pounds/1000 cubic feet ...... 2 hours 2 pounds/1000 cubic feet ...... 2 3 hours 4 11 3 6

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(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 treat- ment 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.

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(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 wrap- age. The treatment prescribed in para- pings. Fumigation chambers should not graph (b) of this section is judged from be loaded to more than two-thirds of experimental tests to be safe for use on their capacity. Tarpaulin enclosures avocados at the mature green stage of should not be loaded to more than 80 development. However, the Department percent of their capacity. The 21⁄2-hour of Agriculture assumes no responsi- exposure period shall begin when all bility for any damage sustained the fumigant has been volatilized and through or in the course of treatment. introduced into the enclosure. Forced There has not been an opportunity to circulation above and below the load, test the treatment on all varieties of and between individual containers, avocados that may be offered for entry shall be provided as soon as the avoca- from various countries. It is rec- dos are loaded in the chamber and shall ommended that the phytotoxicity of continue during the full period of fumi- the treatment to the variety to be gation and until the avocados have shipped shall be tested by exporters in been removed to a well ventilated loca- the country of origin or by means of tion. test shipments sent to 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-

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§ 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 Mar- in South America. iana Islands, Puerto Rico, and all other (a) Conditions for issuance of permits. territories and possessions of the (1) Under § 319.56–2, okra may be im- United 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 cluding the Leeward Islands, the Wind- United States will depend upon the ward Islands, and the islands north of availability of qualified inspectors for Venezuela); assignment 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. to introduce into the commerce of the (3) Fumigation schedule. Such fumiga- United States after release from gov- tion shall be in accordance with the ernment detention; following fumigation schedule: (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 con- partment of Agriculture, stating that tainers. The fumigation chamber shall

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not be loaded to more than two-thirds compliance with the prescribed safe- of its capacity. The containers may be guards. stacked one on top of another, but a 3- (6) Ports of entry. Okra required to be to 4-inch space must be provided be- treated for the pink bollworm may be tween all containers throughout the imported into the United States only load. Good air circulation above and at New Orleans or such other South At- below the load shall be provided as lantic or gulf ports with approved soon as the okra is loaded and must be treatment facilities as may be named continued during the full period of fu- in the permit, except that, in addition, migation and until the okra has been Mexican okra required to be treated for removed to a well-ventilated location. the pink bollworm may be imported Strong blasts of air should not be di- into the United States at Mexican Bor- rected against the okra. Fumigation at der ports named in the permit. temperatures in excess of 90 °F. may (7) Costs. Persons desiring to import result in injury to okra and should be okra required to be treated under this avoided if possible. Past experience in- section must make advance arrange- dicates that injury may also result ments for approval of the fumigation from excess moisture, such as residual plant and for supervision of the fumi- moisture from harvesting when dew- gation by an authorized inspector. All covered. costs of constructing, maintaining, and (5) Supervision of fumigation—(i) Other operating fumigation plants and facili- than interior of Mexico. Inspectors will ties, and carrying out specified supervise the fumigation of okra at ap- pretreatment and posttreatment safe- proved fumigation plants in locations guards, and all additional costs to the other than those in the interior of Mex- Department arising from supervision ico and will specify safeguards in spe- under this section, by an inspector cific cases for the packing, other han- away from his regular place of official dling and transportation of the okra duty or outside of his regular hours of before and subsequent to fumigation, official duty (including as appropriate, if, in the opinion of the inspector, this base salary, overtime and holiday pay, is necessary to assure that there will travel subsistence, transportation, em- be no risk of introducing plant pests ployee benefits, and incidental ex- into the United States associated with penses) shall be borne by the owner of the treatment and importation of the the okra or his representative. Where okra. The final release of the okra for normal inspection activities preclude entry into the United States will be the furnishing of supervision during conditioned upon compliance with the regularly assigned hours of duty, su- specified safeguards. Such supervision pervision will be furnished on a reim- at plants within the United States will bursable basis. The owner of the okra be carried on as a part of normal port or his representative must furnish the inspection activities. Deputy Administrator of the Plant (ii) Interior of Mexico. Inspectors will Protection and Quarantine Programs supervise the fumigation of okra at ap- with acceptable assurances that he will proved fumigation plants in the inte- provide funds to the U.S. Department rior of Mexico and will prescribe safe- of Agriculture to cover all costs of su- guards in specific cases for the packing pervision, in accordance with §§ 354.1 and other handling of the okra at the and 354.2 of this chapter and this para- treating plant and the transportation graph. of the okra from the time it leaves the (8) Department not responsible for dam- treating plant until it reaches the U.S. age. While the prescribed treatment is port of entry, if in the opinion of the judged from experimental tests to be inspector this is necessary to assure safe for use with okra, the Department that there will be no risk of intro- assumes no responsibility for any dam- ducing plant pests into the United age sustained through or in the course States associated with the treatment of treatment or because of and importation of the okra. The final pretreatment or posttreatment safe- release of the okra for entry into the guards. There has not been an oppor- United States will be conditioned upon tunity to test these treatments under

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all conditions or on all okra varieties Island, Bahamas, may be imported into or on okra from all areas involved. the United States under permit (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- Protection and Quarantine Treatment tucky, Missouri, or Virginia south of Manual is incorporated by reference at the 38th parallel. § 300.1 of this chapter. If the treatment (d) Importation of okra without treat- authorized by the Plant Protection and ment from the West Indies and certain Quarantine Treatment Manual is not countries in South America. Okra pro- available, or if no authorized treat- duced in the West Indies, Colombia, Ec- ment exists, the okra may not be en- uador, Peru, Venezuela, or other South tered into the United States. American country, designated in ac- [35 FR 18033, Nov. 25, 1970, as amended at 36 cordance with § 319.56–2 in a permit to FR 24917, Dec. 24, 1971. Redesignated at 50 FR import okra, may be imported into the 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; United States through any North At- 54 FR 33666, Aug. 16, 1989; 57 FR 54489, Nov. 19, lantic port with approved treatment fa- 1992; 67 FR 8466, Feb. 25, 2002] cilities, under permit and subject to in- spection at the port of arrival but § 319.56–2q Administrative instruc- without treatment for the pink tions: Conditions governing the bollworm in paragraph (d)(2) of this entry of citrus from South Africa. section if destined to: Alaska, Colo- Clementine (Citrus reticulata), grape- rado, Connecticut, Delaware, Hawaii, fruit (Citrus paradisi), lemon (Citrus Idaho, Indiana, Iowa, Kansas, Maine, limon), minneola (C. paradisi×C. Maryland, Massachusetts, Michigan, reticulata), navel orange (Citrus Minnesota, Montana, Nebraska, New sinensis), satsuma (Citrus reticulata), Hampshire, New Jersey, New York, and valencia orange (Citrus sinensis) North Dakota, Ohio, Oregon, Pennsyl- may be imported into the United vania, Rhode Island, South Dakota, States from the Western Cape Province Utah, Vermont, Washington, West Vir- of South Africa only under the fol- ginia, Wisconsin, or Wyoming, or the lowing conditions: District of Columbia, or any part of Il- (a) The citrus fruit must be grown in, linois, Kentucky, Missouri, or Virginia, packed in, and shipped from the West- north of the 38th parallel. ern Cape Province of South Africa. (e) Importation of okra without treat- (b) The citrus fruit must be cold ment from Andros Island of the Bahamas; treated for false codling moth and fruit and okra without treatment from the West flies of the genus Ceritatis and Indies for importation into the American Pterandrus in accordance with the Virgin Islands. Okra produced in Andros Plant Protection and Quarantine

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Treatment Manual, which is incor- cluding overtime and the federal share porated by reference at § 300.1 of this of employee benefits), travel expenses chapter. (including per diem expenses), and (1) If the cold treatment is to be con- other incidental expenses incurred by ducted in the United States, entry of the inspectors in performing these the citrus fruit into the United States services. The agreement requires the is limited to ports listed in § 319.56– plant protection service to deposit a 2d(b)(1). certified or cashier’s check with the (2) If the cold treatment is conducted Animal and Plant Health Inspection in South Africa or in transit to the Service (APHIS) for the amount of United States, entry of the citrus into these costs, as estimated by PPQ. If the United States may be made the deposit is not sufficient to meet all through any U.S. port. costs incurred by PPQ, the agreement (c) Each shipment of citrus fruit further requires the plant protection must be accompanied by a service to deposit with APHIS a cer- phytosanitary certificate issued by the tified or cashier’s check for the amount South African Ministry of Agriculture of the remaining costs, as determined stating that the conditions of para- by PPQ, before the inspection will be graph (a) of this section have been met. completed. (Approved by the Office of Management and (c) Responsibilities of the exporting Budget under control number 0579–0049) country. The apples or pears may be im- [62 FR 595, Jan. 6, 1997] ported in any single shipping season only if all of the following conditions § 319.56–2r Administrative instructions are met: governing the entry of apples and pears from certain countries in Eu- (1) Officials of the plant protection rope. service must survey each orchard pro- ducing apples or pears for shipment to (a) Importations allowed. Pursuant to the United States at least two times § 319.56(c), the Administrator has deter- between the time of spring blossoming mined that the following fruits may be and harvest. If the officials find any imported into the United States in ac- cordance with this section and other leaf mines that suggest the presence of applicable provisions of this subpart: Leucoptera malifoliella in an orchard, (1) Apples from Belgium, Denmark, the officials must reject any fruit har- France, Germany, Great Britain, Italy, vested from that orchard during that The Netherlands, Northern Ireland, growing season for shipment to the Norway, Portugal, the Republic of Ire- United States. If the officials find evi- land, Spain, Sweden, and Switzerland; dence in an orchard of any other plant (2) Pears from Belgium, France, pest referred to in paragraph (g) of this Great Britain, Italy, The Netherlands, section, they must ensure that the or- Portugal, and Spain. chard and all other orchards within 1 (b) Trust fund agreement. Except as kilometer of that orchard will be treat- provided in paragraph (h) of this sec- ed for that pest with a pesticide ap- tion, the apples or pears may be im- proved by the U.S. Environmental Pro- ported only if the national plant pro- tection Agency, in accordance with tection service of the exporting coun- label directions and under the direction try (referred to in this section as the of the plant protection service. If the plant protection service) has entered officials determine that the treatment into a trust fund agreement with Plant program has not been applied as re- Protection and Quarantine (PPQ) for quired or is not controlling the plant that shipping season. This agreement pest in the orchard, they must reject requires the plant protection service to any fruit harvested from that orchard pay in advance all estimated costs in- during that growing season for ship- curred by PPQ in providing the ment to the United States. preclearance inspections prescribed in (2) The apples or pears must be iden- paragraph (d) of this section. These tified with the orchard from which costs will include administrative ex- they are harvested (the producing or- penses incurred in conducting the in- chard) until the fruit arrives in the spection services; and all salaries (in- United States.

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(3) The apples or pears must be proc- pest is found for which no treatment essed and inspected in the approved authorized in the Plant Protection and packing sheds as follows: Quarantine Treatment Manual is avail- (i) Upon arrival at the packing shed, able, the entire grower lot will be re- the apples or pears must be inspected jected for shipment to the United for insect pests as follows: For each States. grower lot (all fruit delivered for proc- (4) Apples or pears that pass inspec- essing from a single orchard at a given tion at approved packing sheds must be time), packing shed technicians must presented to PPQ inspectors for examine all fruit in one carton on preclearance inspection as prescribed every third pallet (there are approxi- in paragraph (d) of this section or for mately 42 cartons to a pallet), or at inspection in the United States as pre- least 80 apples or pears in every third scribed in paragraph (h) of this section. bin (if the fruit is not in cartons on (5) Apples and pears presented for pallets). If they find any live larva or preclearance inspection must be identi- pupa of Leucoptera malifoliella, they fied with the packing shed where they must reject the entire grower lot for were processed, as well as with the pro- shipment to the United States, and the ducing orchard, and this identity must plant protection service must reject for be maintained until the apples or pears shipment any additional fruit from the arrive in the United States. producing orchard for the remainder of (6) Facilities for the preclearance in- the shipping season. spections prescribed in paragraph (d) of (ii) The apples or pears must be sort- this section must be provided in the ex- ed, sized, packed, and otherwise han- porting country at a site acceptable to dled in the packing sheds on grading PPQ. and packing lines used solely for fruit (7) Any apples or pears rejected for intended for shipment to the United shipment into the United States may States, or, if on grading and packing not, under any circumstance, be pre- lines used previously for other fruit, sented again for shipment to the only after the lines have been washed United States. with water. (d) Preclearance inspection. (iii) During packing operations, ap- Preclearance inspection will be con- ples and pears must be inspected for in- ducted in the exporting country by sect pests as follows: All fruit in each PPQ inspectors. Preclearance inspec- grower lot must be inspected at each of tion will be conducted for a minimum two inspection stations on the packing of 6,000 cartons of apples or pears, line by packing shed technicians. In ad- which may represent multiple grower dition, one carton from every pallet in lots from different packing sheds. The each grower lot must be inspected by cartons examined during any given officials of the plant protection serv- preclearance inspection will be known ice. If the inspections reveal any live as an inspection unit. Apples or pears larva or pupa of Leucoptera malifoliella, in any inspection unit may be shipped 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

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of that rejection. Additionally, if in- (e) Termination of preclearance pro- spectors reject any three inspection grams. The Administrator may termi- units in a single shipping season be- nate the preclearance program in a cause of Leucoptera malifoliella on fruit country if he determines that any of processed by a single packing shed, no the conditions specified in paragraph additional fruit from that packing shed (c) of this section are not met or be- will be accepted for shipment to the cause of pests found during United States for the remainder of that preclearance inspections. Termination shipping season. of the preclearance program will stop (ii) If the inspectors find evidence of shipments of apples or pears from that any other plant pest referred to in country for the remainder of that ship- paragraph (g) of this section, and a ping season. Termination of the treatment authorized in the Plant Pro- preclearance program for findings of tection and Quarantine Treatment Leucoptera malifoliella in preclearance Manual is available, fruit in the inspec- inspections in any country will be tion unit will remain eligible for ship- based on rates of rejection of inspec- ment to the United States if the entire tion units as follows: inspection unit is treated for the pest (1) Termination because of findings under the supervision of a PPQ inspec- of Leucoptera malifoliella. The pre-clear- tor. However, if the entire inspectional ance program will be terminated with a unit is not treated in this manner, or if country when, in one shipping season, a plant pest is found for which no inspection units are rejected because of treatment authorized in the Plant Pro- Leucoptera malifoliella as follows: tection and Quarantine Treatment (i) 5 inspection units in sequence Manual is available, the inspectors will among inspection units 1–20, or a total reject the entire inspection unit for of 8 or more of the inspection units 1– shipment to the United States. Rejec- 20; tion of an inspection unit because of (ii) 5 inspection units in sequence pests other than Leucoptera malifoliella among inspection units 21–40, or a total will not be cause for rejecting addi- of 10 or more of the inspection units 1– tional fruit from an orchard or packing 40; shed. (iii) 5 inspection units in sequence (iii) Apples and pears precleared for among inspection units 41–60, or a total shipment to the United States as pre- of 12 or more of the inspection units 1– scribed in this paragraph will not be in- 60; spected again in the United States (ex- (iv) 5 inspection units in sequence cept as necessary to ensure that the among inspection units 61–80, or a total fruit has been precleared) unless the of 14 or more of the inspection units 1– preclearance program with the export- 80; ing country is terminated in accord- (v) 5 inspection units in sequence ance with paragraph (e) of this section. among inspection units 81–100, or a 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 ar- total of 18 or more of the inspection rival in the United States for evidence units 1–120. of plant pests referred to in paragraph (Sequence can be continued in incre- (g) of this section. If any live larva or ments of 20 inspection units by increas- pupa of Leucoptera malifoliella is found ing the number of rejected inspection in any carton of fruit, inspectors will units by 2.) reject that carton and all other cartons (2) Termination because of findings in that shipment that are from the of other plant pests. The preclearance same producing orchard. In addition, program will be terminated with a the remaining cartons of fruit in that country when, in one shipping season, shipment will be reinspected as an in- inspection units are rejected because of spection 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;

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(ii) 15 or more of the inspection units rival in the United States, in lieu of a 1–40; preclearance inspection, under the fol- (iii) 20 or more of the inspection lowing conditions: units 1–60; (1) The Administrator has deter- (iv) 25 or more of the inspection units mined that inspection can be accom- 1–80; plished at the port of arrival without (v) 30 or more of the inspection units increasing the risk of introducing in- 1–100; or sect pests into the United States; (vi) 35 or more of the inspection units (2) Each pallet of apples or pears 1–120. must be completely enclosed in plastic, (Sequence can be continued in incre- to prevent the escape of insects, before ments of 20 inspection units by increas- it is offloaded at the port of arrival; ing the number of rejected inspection (3) The entire shipment of apples or units by 5.) pears must be offloaded and moved to (f) Cold treatment. In addition to all other requirements of this section, ap- an enclosed warehouse, where adequate ples or pears may be imported into the inspection facilities are available, United States from France, Italy, Por- under the supervision of PPQ inspec- tugal, or Spain only if the fruit is cold tors. treated for the Mediterranean fruit fly (4) The Administrator must deter- in accordance with § 319.56–2d of this mine that a sufficient number of in- subpart. spectors are available at the port of ar- (g) Plant pests; authorized treatments. rival to perform the services required. (1) Apples from Belgium, Denmark, (5) The method of inspection will be France, Great Britain, Italy, the Neth- the same as prescribed in paragraph (d) erlands, Northern Ireland, Norway, of this section for preclearance inspec- Portugal, the Republic of Ireland, tions. Spain, Sweden, Switzerland, and West Germany; and pears from Belgium, [52 FR 46058, Dec. 4, 1987, as amended at 60 FR 14208, Mar. 16, 1995; 62 FR 50236, Sept. 25, France, Great Britain, Italy, the Neth- 1997; 67 FR 8466, Feb. 25, 2002] erlands, Portugal, and Spain may be imported into the United States only if § 319.56–2s Administrative instructions they are found free of the following governing the entry of apricots, pests or, if an authorized treatment is nectarines, peaches, plumcot, and available, they are treated for the pest plums from Chile. under the supervision of a PPQ inspec- (a) Importations allowed. Pursuant to tor: the pear leaf blister moth § 319.56(c), the Administrator has deter- (Leucoptera malifoliella (O.G. Costa) mined that apricots, nectarines, peach- (Lyonetiidae)), the plum fruit moth es, plumcot, and plums may be im- (Cydia funebrana (Treitschke) ported into the United States from (Tortricidae)), the summer fruit tortrix Chile in accordance with this section moth (Adoxophyes orana (Fischer von and other applicable provisions of this Rosslertamm) (Tortricidae)), a leaf subpart, as an alternative to importa- roller (Argyrotaenia pulchellana (Haworth) (Tortricidae)), and other in- tion in accordance with § 319.56–2m. sect pests that do not exist in the (b) Trust fund agreement. Except as United States or that are not wide- provided in § 319.56–2m or in paragraph spread in 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, which is incor- service of Chile (Servicio Agricola Y porated by reference at § 300.1 of this Ganadero, referred to in this section as chapter. SAG), has entered into a trust fund (h) Inspection in the United States. agreement with the Animal and Plant Notwithstanding provisions to the con- Health Inspection Service (APHIS) for trary in paragraphs (c) and (d) of this that shipping season. This agreement section, the Administrator may allow requires SAG to pay in advance all es- apples or pears imported under this timated costs incurred by APHIS in section to be inspected at a port of ar- providing the preclearance prescribed

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in paragraph (d) of this section. Pay- apricots, nectarines, peaches, or plums ment of costs will be made on a month- are released for entry into the United ly or other schedule designated by States. APHIS, but payment must be made for (3) Facilities for the inspections pre- each preclearance service before scribed in paragraph (d) of this section APHIS provides the service. These are provided in Chile at an inspection costs will include administrative ex- site acceptable to APHIS. penses incurred in conducting the (d) Preclearance inspection. preclearance services; and all salaries Preclearance inspection will be con- (including overtime and the federal ducted in Chile under the direction of share of employee benefits), travel ex- APHIS inspectors. An inspection unit penses (including per diem expenses), will consist of a lot or shipment from and other incidental expenses incurred which a statistical sample is drawn and by the inspectors in providing these examined. An inspection unit may rep- services. The agreement requires SAG to deposit certified or cashier’s checks resent multiple grower lots from dif- with APHIS for the amount of these ferent packing sheds. Apricots, nec- costs, as estimated by APHIS based on tarines, peaches, plumcot, or plums in projected shipment volumes and cost any inspection unit may be shipped to figures from previous inspections. The the United Sates only if the inspection agreement further requires that, if the unit passes inspection as follows: deposit is not sufficient to meet all (1) Inspectors will examine, fruit by costs incurred by APHIS, SAG must fruit, the contents of the cartons which deposit with APHIS a certified or cash- were selected based on a sampling ier’s check for the amount of the re- scheme established for each inspection maining costs, as determined by unit. An APHIS inspector will des- APHIS, before the inspections will be ignate which cartons to inspect in each completed. The agreement also re- inspection unit to ensure that units in- quires that, in the event of unexpected fested at a level of 3 percent or more end-of-season costs, SAG must deposit will be identified with a confidence with APHIS a certified cashier’s check level of 95 percent. sufficient to meet such costs as esti- (i) If the inspectors find evidence of mated by APHIS, before any further any plant pest for which a treatment preclearance services will be provided. authorized in the Plant Protection and If the amount SAG deposits during the Quarantine Treatment Manual is avail- shipping season exceeds the total costs able, fruit in the inspection unit will incurred by APHIS in providing remain eligible for shipment to the preclearance services, the difference United States if the entire inspection will be returned to SAG by APHIS at unit is treated for the pest in Chile. the end of the shipping season upon re- However, if the entire inspection unit quest, or otherwise will be applied to is not treated in this manner, or if a preclearance services for the next ship- plant pest is found for which no treat- ping season. ment authorized in the Plant Protec- (c) Responsibilities of Servicio Agricola tion and Quarantine Treatment Man- Y Ganadero. SAG will ensure that: (1) Apricots, nectarines, peaches, ual is available, the entire inspection plumcot, or plums are presented to unit will not be eligible for shipment to APHIS inspectors for preclearance in the United States. their shipping containers at the ship- (ii) Apricots, nectarines, peaches, ping site for preclearance as prescribed plumcot, and plums precleared for in paragraph (d) of this section. shipment to the United States as pre- (2) Apricots, nectarines, peaches, scribed in this paragraph will not be in- plumcot, and plums presented for in- spected again in the United States ex- spection are identified in shipping doc- cept as necessary to ensure that the uments accompanying each load of fruit has been precleared and for occa- fruit that identify the packing shed sional monitoring purposes. where they were processed and the or- (e) Termination of preclearance pro- chards where they were produced; and grams. Shipments of apricots, nec- this identity is maintained until the tarines, peaches, plumcot, and plums

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will be individually evaluated regard- trary in paragraphs (c) and (d) of this ing the rates of infestation of inspec- section, the Administrator may, in tion units of these articles presented emergency or extraordinary situations, for preclearance. The inspection pro- allow apricots, nectarines, peaches, gram for an article will be terminated plumcot, or plums imported under this when inspections determine that the section to be inspected at a port of ar- rate of infestation of inspection units rival in the United States, in lieu of a of the article by pests listed in para- preclearance inspection of fumigation graph (f) of this section exceeds 20 per- in Chile, under the following condi- cent calculated on any consecutive 14 tions: days of actual inspections (not count- (1) The Administrator is satisfied ing days on which inspections are not that a unique situation exists which conducted). Termination of the inspec- justifies a limited exception to manda- tion program for an article will require tory preclearance; mandatory treatment in Chile, prior to (2) The Administrator has deter- shipment to the United States, of ship- mined that inspection and/or treat- ments of the article for the remainder ment can be accomplished at the in- of that shipping season. If a tended port of arrival without increas- preclearance inspection program is ter- ing the risk of introducing insect pests minated with Chile, precleared fruit in into the United States; transit to the United States at the (3) The entire shipment of apricots, time of termination will be spot- nectarines, peaches, plumcot, or plums checked by APHIS inspectors upon ar- must be offloaded and moved, under rival in the United States for evidence the supervision of APHIS inspectors, to of plant pests referred to in paragraph an enclosed warehouse, where inspec- (f) of this section. tion and treatment facilities are avail- (f) Plant pests; authorized treatments. able. (1) Apricots, nectarines, peaches, (4) The Administrator must deter- plumcot, or plums from Chile may be mine that a sufficient number of in- imported into the United States only if spectors are available at the port of ar- they are found free of the following rival to perform the services required. pests or, if an authorized treatment is (5) The method of sampling and in- available, they are treated for the pest spection will be the same as prescribed under the supervision of an APHIS in- in paragraph (d) of this section for spector: Proeulia spp., Leptoglossus preclearance inspections. chilensis, Megalometis chilensis, [55 FR 42352, Oct. 19, 1990, as amended at 58 Naupactus xanthographus, Listroderes FR 69179, Dec. 30, 1993; 67 FR 8466, Feb. 25, subcinctus, and Conoderus rufangulus, 2002] and other insect pests that the Admin- istrator has determined do not exist, or § 319.56–2t Administrative instruc- are not widespread, in the United tions: conditions governing the States. entry of certain fruits and vegeta- (2) Authorized treatments are listed bles. in the Plant Protection and Quarantine The following commodities may be Treatment Manual, which is incor- imported into all parts of the United porated by reference at § 300.1 of this States, unless otherwise indicated, chapter. from the places specified, in accord- (g) Inspection in the United States. ance with § 319.56–6 and all other appli- Notwithstanding provisions to the con- cable requirements of this subpart:

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

Argentina ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp...... Above ground parts. Currant ...... Ribes spp ...... Fruit. Endive ...... Cichorium endivia ...... Leaf and stem. Gooseberry ...... Ribes spp ...... Fruit. Marjoram ...... Origanum spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Australia ...... Currant ...... Ribes spp ...... Fruit. Gooseberry ...... Ribes spp ...... Fruit. Austria ...... Asparagus, white ...... Asparagus officinalis ...... Shoot.3

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

Barbados ...... Banana ...... Musa spp ...... Flower. Belgium ...... Leek ...... Allium spp...... Whole plant. (Must be accompained by a phytosanitary certifi- cate issued by the Ministry of Agriculture of Belgium stating that the leek is appar- ently free of Acrolepiopsis assectella.) Pepper ...... 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 (from Medfly-free areas—see § 319.56– 2(j). Fruit must be ac- companied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Belize stating that the fruit originated in a Medfly-free area list- ed in § 319.56–2(j).) Papayas are prohib- ited entry into Hawaii due to papaya fruit fly. Cartons in which fruit is packed must be stamped ‘‘Not for importation into or distribution within HI.’’ 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 ...... Babaco ...... Carica×heilborni var. pentagona Fruit (from medfly-free areas—see § 319.56– 2j. Fruit must be ac- companied by a phytosanitary certifi- cate issued by the Chilean department of agriculture stating that the fruit origi- nated in a Medfly-free province.) Basil ...... Ocimum spp...... Above ground parts. Lucuma ...... Manilkara sapota (=Lucuma Fruit mammosa). (From Medfly-free areas only—see § 319.56– 2(j)).

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

Mountain papaya ...... Carica pubescens (=C. Fruit. candamarcensis). (From Medfly-free areas—see § 319.56– 2(j). Fruit from out- side 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 areas—see § 319.56– 2(j). Fruit from out- side Medfly-free areas must be treated in accordance with § 319.56–2x.). Tarragon ...... Artemisia dracunculus ...... Above ground parts. China ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. 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 dis- tribution 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. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbages, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Dominican Republic ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Durian ...... Durio zibethinus ...... Fruit. Ecuador ...... Banana ...... Musa spp...... Flower. Basil ...... Ocimum spp...... Above ground parts. Chervil ...... Anthriscus spp...... Leaf and stem. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Radicchio ...... Cichorium spp...... Above ground parts. El Salvador ...... Basil ...... Ocimum spp...... Above ground parts. Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only.

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

France ...... Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from the Re- gion of Brittany and only in accordance with § 319.56–2dd of this subpart). 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. Basil ...... Ocimum spp...... Above ground parts. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Loroco ...... Fernaldia spp ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Leaf and stem. Papaya ...... Carica papaya ...... Fruit (from Medfly-free areas—see § 319.56– 2(j). Fruit must be ac- companied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Guatemala stating that the fruit origi- nated in a Medfly-free area listed in § 319.56–2(j).) Pa- payas are prohibited entry into Hawaii due to papaya fruit fly. Cartons in which fruit is packed must be stamped ‘‘Not for im- portation into or dis- tribution within HI.’’ Rhubarb ...... Rheum rhabarbarum ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Jicama ...... 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. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbages, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Radish ...... Raphanus sativus ...... Root.

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

Indonesia ...... Dasheen ...... Colocasia spp., Alocasia spp., Tuber (Prohibited entry and Xanthosoma spp. into Guam due to da- sheen mosaic virus. Cartons in which da- sheen 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. Parsley ...... Petroselinum crispum ...... 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 ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Mioga Ginger ...... Zingiber mioga ...... Above ground parts. 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. Apple ...... Malus domestica ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Apricot ...... Prunus armeniaca ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by na- tional plant protection organization of Mex- ico stating: ‘‘These regulated articles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Arugula ...... Eruca sativa ...... Leaf and stem. Banana ...... Musa spp ...... Flower. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Blueberry ...... Vaccinium spp...... Fruit. Cucurbits ...... Cucurbitaceae ...... Inflorescence.

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

Grapefruit ...... Citrus paradisi ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Lambsquarters ...... Chenopodium spp...... Above ground parts. Mango ...... Mangifera indica ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Orange ...... Citrus sinensis ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Peach ...... Prunus persica ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Persimmon ...... Diospyros spp ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Piper ...... Piper spp ...... Leaf and stem.

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

Pomegranate ...... Punica granatum ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Porophyllum ...... Porophyllum spp ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Salicornia ...... Salicornia spp ...... Above ground parts. Tangerine ...... Citrus reticulata ...... Fruit (from fruit fly-free areas—see § 319.56– 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56–2(h).’’) Tepeguaje ...... Leucaena spp...... Fruit. Thyme ...... Thymus vulgaris ...... Above ground parts. Morocco ...... Strawberry ...... Fragaria spp...... Fruit. Morocco and Western Sahara ... Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink fruit may only be im- ported from the El Jadida or Safi Prov- ince, Morocco, or Dahkla Province, Western Sahara, and only in accordance with § 319.56–2dd of this subpart). Netherlands ...... Leek ...... Allium spp...... Whole plant. (Must be accompainied by a phytosanitary certifi- cate issued by the Ministry of Agriculture of The Netherlands stating that the leek is apparently free of Acrolepiopsis assectella.) Radish ...... Raphanus sativus ...... Root. New Zealand ...... Avocado ...... Persea americana ...... Fruit. Fig ...... Ficus carica ...... Fruit. Oca ...... Oxalis tuberosa ...... Tuber. Nicaragua ...... Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only. Mint ...... Mentha spp ...... Above ground parts. Parsley ...... Petroselinum crispum ...... Above ground parts. Radicchio ...... Cichorium spp...... Above ground parts. Rosemary ...... Rosmarinus officinalla ...... Above ground parts. Panama ...... Basil ...... Ocimum spp ...... Above ground parts. Bean, green and lima ...... Phaseolus vulgaris and P. Seed. lunatus.

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

Belgian endive ...... Cichorium spp ...... Above ground parts. Chervil ...... Anthriscus cerefolium ...... Above ground parts. Chicory ...... Cichorium spp ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Endive ...... Cichorium spp ...... Above ground parts. 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 ...... Above ground parts. Peru ...... Arugula ...... Eruca sativa ...... Leaf and stem. Basil ...... Ocimum spp ...... Leaf and stem. Carrot ...... Daucus carota ...... Root. Chervil ...... Anthriscus spp...... Leaf and stem. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Cornsalad ...... Valerianella spp ...... Whole plant. Dill ...... Anethum graveolens ...... Above ground parts. Lambsquarters ...... Chenopodium album ...... Above ground parts. Lemongrass ...... Cymbopogon spp...... Leaf and stem. Marjoram ...... Origanum spp ...... Above ground parts. Mustard greens ...... Brassica juncea ...... Leaf. Oregano ...... Origanum spp ...... Leaf and stem. Parsley ...... Petroselinum crispum ...... Leaf and stem. Radicchio ...... Cichorium spp ...... Leaf. Swiss chard ...... Beta vulgaris ...... Leaf and stem. Thyme ...... Thymus vulgaris ...... Above ground parts. Philippines ...... Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Poland ...... Pepper ...... Capsicum spp...... Fruit. Tomato ...... Lycopersicon esculentum ...... Fruit. Republic of Korea ...... Angelica ...... Aralia elata ...... Edible shoot. Aster greens ...... Aster scaber ...... Leaf, stem. Bonnet bellflower ...... 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 da- sheen mosaic virus). Cartons in which da- sheen 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, inclu- sive, to prevent the introduction of a com- plex of exotic pests including, but not lim- ited 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. Pineapple ...... Ananas spp ...... Fruit. Spain ...... Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only.

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

Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from Alme- ria Province and only in accordance with § 319.56–2dd of this subpart). Watermelon ...... Citrullus vulgaris ...... Fruit, commercial ship- ments only. Suriname ...... Amaranth ...... Amaranthus spp ...... Leaf and stem. Black palm nut ...... Astrocaryum spp ...... Fruit. 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 ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. 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 per- formed 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.

(Approved by the Office of Management and (ii) The lettuce must be grown in Budget under control number 0579–0049) growing media that has been sterilized [57 FR 54489, Nov. 19, 1992, as amended at 58 by steam or chemical means; FR 43497, Aug. 17, 1993; 58 FR 69180, Dec. 30, (iii) The lettuce must be inspected 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR during its active growth phase and the 14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; inspection must be monitored by a rep- 62 FR 596, Jan. 6,1997; 62 FR 50236, Sept. 25, resentative of the Israeli Ministry of 1997; 63 FR 13485, Mar. 20, 1998; 63 FR 39215, Agriculture; July 22, 1998; 63 FR 65655, Nov. 30, 1998; 66 FR (iv) The crop must be protected with 45158, Aug. 28, 2001] sticky traps and prophylactic sprays approved for the crop by Israel; § 319.56–2u Conditions governing the (v) The lettuce must be moved to an entry of lettuce and peppers from Israel. insect-proof packing house at night in plastic containers covered by 50 mesh (a) Lettuce may be imported into the screens; United States from Israel without fu- (vi) The lettuce must be packed in an migation for leafminers, thrips, and insect-proof packing house, individ- Sminthuris viridis only under the fol- ually packed in transparent plastic lowing conditions: bags, packed in cartons, placed on pal- (1) Growing conditions. (i) The lettuce lets, and then covered with shrink must be grown in insect-proof houses wrapping; and covered with 50 mesh screens, double (vii) The lettuce must be transported self-closing doors, and hard walks (no to the airport in a closed refrigerated soil) between the beds; truck for shipment to the United States.

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(2) Each shipment of lettuce must be § 319.56–2v Conditions governing the accompanied by a phytosanitary cer- entry of citrus from Australia. tificate issued by the Israeli Ministry (a) The Administrator has deter- of Agriculture stating that the condi- mined that the irrigated horticultural tions of paragraph (a)(1) of this section areas within the following districts of have been met. Australia meet the criteria of § 319.56–2 (b) Peppers (fruit) (Capsicum spp.) (e) and (f) with regard to the Medi- from Israel may be imported into the terranean fruit fly (Ceratitis capitata United States only under the following [Wiedemann]), the Queensland fruit fly conditions: (Dacus tryoni [Frogg]), and other fruit (1) The peppers have been grown the flies destructive of citrus: Arava Valley by growers registered (1) The Riverland district of South with the Israeli Department of Plant Australia, defined as the county of Protection and Inspection (DPPI). Hamley and the geographical subdivi- sions, called ‘‘hundreds,’’ of (2) Malathion bait sprays shall be ap- Bookpurnong, Cadell, Gordon, Holder, plied in the residential areas of the Katarapko, Loveday, Markaranka, Arava Valley at 6- to 10-day intervals Morook, Murtho, Parcoola, Paringa, beginning not less than 30 days before Pooginook, Pyap, Stuart, and the harvest of backyard host material Waikerie; in residential areas and shall continue (2) The Riverina district of New through harvest. South Wales, defined as: (3) The peppers have been grown in (i) The shire of Carrathool; and insect-proof plastic screenhouses ap- (ii) The Murrumbidgee Irrigation proved by the DPPI and APHIS. Houses Area, which is within the administra- shall be examined periodically by DPPI tive boundaries of the city of Griffith or APHIS personnel for tears in either and the shires of Leeton, Narrendera, plastic or screening. and Murrumbidgee; and (4) Trapping for Mediterranean fruit (3) The Sunraysia district, defined as fly (Medfly) shall be conducted by the shires of Wentworth and Balranald DPPI throughout the year in the agri- in New South Wales and the shires of cultural region along Arava Highway Mildura, Swan Hill, Wakool, and 90 and in the residential area of Paran. Kerang, the cities of Mildura and Swan The capture of a single Medfly in a Hill, and the borough of Kerang in Vic- screenhouse will immediately cancel toria. export from that house until the source (b) Oranges (Citrus sinensis [Osbeck]); of the infestation is delimited, trap lemons (C. limonia [Osbeck] and meyeri density is increased, pesticide sprays [Tanaka]); limes (C. aurantiifolia [Swin- are applied, or other measures accept- gle] and latifolia [Tanaka]); mandarins, able to APHIS are taken to prevent including satsumas, tangerines, further occurrences. tangors, and other fruits grown from (5) Signs in English and Hebrew shall this species or its hybrids (C. reticulata [Blanco]); and grapefruit ( be posted along Arava Highway 90 stat- C. paradisi [MacFad.]) may be imported from the ing that it is prohibited to throw out/ Riverland, Riverina, and Sunraysia dis- discard fruits and vegetables from pass- tricts without treatment for fruit flies, ing vehicles. subject to paragraph (c) of this section (6) Sorting and packing of peppers and all other applicable requirements shall be done in the insect-proof of this subpart. screenhouses in the Arava Valley. (c) If surveys conducted in accord- (7) The peppers must be packed in in- ance with § 319.56–2d(f) detect, in a dis- sect-proof packaging prior to move- trict listed in paragraph (a) of this sec- ment from approved insect-proof tion, the Mediterranean fruit fly screenhouses in the Arava Valley. (Ceratitis capitata [Wiedemann]), the [57 FR 3120, Jan. 28, 1992, as amended at 58 Queensland fruit fly (Dacus tryoni FR 69181, Dec. 30, 1993; 59 FR 46321, Sept. 8, [Frogg]), or other fruit flies that at- 1994; 60 FR 50385, Sept. 29, 1995; 62 FR 50236, tack citrus and for which a treatment Sept. 25, 1997; 66 FR 45160, Aug. 28, 2001; 67 FR is listed in the Plant Protection and 8180, Feb. 22, 2002] Quarantine (PPQ) Treatment Manual,

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citrus fruit from that district will re- the field where the papayas were grown main eligible for importation into the were kept free of papayas that were 1⁄2 United States in accordance with or more ripe (more than 1⁄4 of the shell § 319.56–2(e)(2), provided the fruit under- surface yellow), and all culled and fall- goes cold treatment in accordance with en fruits were buried, destroyed, or re- the PPQ Treatment Manual, which is moved from the farm at least twice a incorporated by reference at § 300.1 of week. this chapter, and provided the fruit (c) The papayas were treated with a meets all other applicable require- hot water treatment consisting of 20 ments of this subpart. Entry is limited minutes in water at 49 °C (120.2 °F). to ports listed in § 319.56–2d(b)(1) of this (d) When packed, the papayas were subpart if the treatment is to be com- less than 1⁄2 ripe (the shell surface was pleted in the United States. Entry may no more than 1⁄4 yellow, surrounded by be through any port if the treatment light green), and appeared to be free of has been completed in Australia or in all injurious insect pests. transit to the United States. If no ap- (e) The papayas were safeguarded proved treatment for the detected fruit from exposure to fruit flies from har- fly appears in the PPQ Treatment Man- vest to export, including being pack- ual, importation of citrus from the af- aged so as to prevent access by fruit fected district or districts is prohib- flies and other injurious insect pests. ited. The package containing the papayas [61 FR 8207, Mar. 4, 1996] does not contain any other fruit, in- cluding papayas not qualified for im- § 319.56–2w Administrative instruc- portation into the United States. tion; conditions governing the entry of papayas from Central America (f) All cartons in which papayas are and Brazil. packed must be stamped ‘‘Not for im- portation into or distribution in HI.’’ The Solo type of papaya may be im- (g) All activities described in para- ported into the continental United graphs (a) through (f) of this section States, Alaska, Puerto Rico, and the U.S. Virgin Islands only under the fol- were carried out under the supervision lowing conditions: and direction of plant health officials (a) The papayas were grown and of the national Ministry of Agri- packed for shipment to the United culture. States in one of the following loca- (h) Beginning at least 1 year before tions: harvest begins and continuing through (1) Brazil: State of Espirito Santo. the completion of harvest, fruit fly (2) Costa Rica: Provinces of traps were maintained in the field Guanacaste, Puntarenas, San Jose. where the papayas were grown. The (3) El Salvador: Departments of La traps were placed at a rate of 1 trap per Libertad, La Paz, and San Vicente. hectare and were checked for fruit flies (4) Guatemala: Departments of at least once weekly by plant health Escuintla, Retalhuleu, Santa Rosa, and officials of the national Ministry of Ag- Suchitepe´quez. riculture. Fifty percent of the traps (5) Honduras: Departments of were of the McPhail type, and fifty per- Comayagua, Corte´s, and Santa cent of the traps were of the Jackson Ba´ rbara. type. If the average Jackson trap catch (6) Nicaragua: Departments of was greater than 7 Medflies per trap Carazo, Granada, Managua, Masaya, per week, measures were taken to con- and Rivas. trol the Medfly population in the pro- (7) Panama: Provinces of Cocle´, Her- duction area. The national Ministry of rera, and Los Santos; Districts of Agriculture kept records of fruit fly Aleanje, David, and Dolega in the Prov- finds for each trap, updated the records ince of Chiriquı´; and all areas in the each time the traps were checked, and Province of Panama that are west of made the records available to APHIS the Panama Canal. inspectors upon request. The records (b) Beginning at least 30 days before were maintained for at least 1 year. harvest began and continuing through (i) If the average Jackson trap catch the completion of harvest, all trees in exceeds 14 Medflies per trap per week,

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importations of papayas from that pro- § 319.56–2x Administrative instruc- duction area must be halted until the tions; conditions governing the rate of capture drops to an average of entry of certain fruits and vegeta- 7 or fewer Medflies per trap per week. bles for which treatment is re- (j) In the State of Espirito Santo, quired. Brazil, if the average McPhail trap (a) The following fruits and vegeta- catch was greater than 7 South Amer- bles may be imported into the United ican fruit flies (Anastrepha fraterculus) States only if they have been treated per trap per week, measures were in accordance with the Plant Protec- taken to control the South American tion and Quarantine (PPQ) Treatment fruit fly population in the production area. If the average McPhail trap catch Manual, which is incorporated by ref- exceeds 14 South American fruit flies erence at § 300.1 of this chapter. Treat- per trap per week, importations of pa- ment by irradiation in accordance with payas from that production area must part 305 of this chapter may be sub- be halted until the rate of capture stituted for treatments in the PPQ drops to an average of 7 or fewer South Treatment Manual for the mango seed American fruit flies per trap per week. weevil Sternochetus mangiferae (k) All shipments must be accom- (Fabricus) or for one or more of the fol- panied by a phytosanitary certificate lowing 11 species of fruit flies: issued by the national Ministry of Ag- Anastrepha fraterculus, Anastrepha riculture stating that the papayas were ludens, Anastrepha obliqua, Anastrepha grown, packed, and shipped in accord- serpentina, Anastrepha suspensa, ance with the provisions of this sec- Bactrocera cucurbitae, Bactrocera dor- tion. salis, Bactrocera tryoni, Bactrocera (Approved by the Office of Management and jarvisi, Bactrocera latifrons, and Ceratitis Budget under control number 0579–0128) capitata. [63 FR 12396, Mar. 13, 1998, as amended at 66 FR 45160, Aug. 28, 2001]

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(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 Wil- (iii) Beginning in Guayaquil, the road mington, NC, Seattle, WA, and Gulf- east through Palestina to Vinces; port, MS; Seattle-Tacoma Inter- (iv) Beginning in Guayaquil, the road national Airport, Seattle, WA; west through Piedrahita (Novol) to Hartsfield-Atlanta International Air- Pedro Carbo; or port, Atlanta, GA; and Baltimore- (v) Beginning in Guayaquil, the road Washington International and Dulles west through Progreso, Engunga, International airports, Washington, Tugaduaja, and Zapotal to El Azucar; DC. North Atlantic ports are: Atlantic and ports north of and including Baltimore; (4) The cantaloupe or watermelon ports on the Great Lakes and St. Law- may not be moved into Alabama, rence Seaway; Canadian border ports American Samoa, Arizona, California, on the North Dakota border and east of Florida, Georgia, Guam, Hawaii, Lou- North Dakota; and, for air shipments, isiana, Mississippi, New Mexico, Puerto Washington, DC (including Baltimore- Rico, South Carolina, Texas, and the Washington International and Dulles U.S. Virgin Islands. The boxes in which International 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; 62 FR 597, Jan. 6, 1997; 66 FR 45161, Aug. PR, SC, TX, VI. 28, 2001; 67 FR 8180, Feb. 22, 2002; 67 FR 65029, Oct. 23, 2002] (b) [Reserved] [57 FR 54491, Nov. 19, 1992, as amended at 58 § 319.56–2y Administrative instruc- FR 69182, Dec. 30, 1993; 59 FR 67610, Dec. 30, tions; conditions governing the 1994] entry of cantaloupe and water- melon from Ecuador. § 319.56–2z Administrative instructions (a) Cantaloupe (Cucumis melo) and wa- governing the entry of cherimoyas termelon (fruit) (Citrullus lanatus) may from Chile. be imported into the United States Cherimoyas may be imported into from Ecuador only under the following the United States from Chile only conditions: under the following conditions: (1) The cantaloupe or watermelon (a) Treatment. The cherimoyas must may be imported in commercial ship- be treated, under the supervision of an ments only; inspector, either in Chile or in the (2) The cantaloupe or watermelon United States, for the Chile false red must have been grown in an area where mite of grapes (Brevipalpus chilensis) in trapping for the South American accordance with one of the following cucurbit fruit fly has been conducted procedures: for at least the previous 12 months by (1) Fumigation. The cherimoyas must the plant protection service of Ecua- be fumigated with methyl bromide at dor, under the direction of APHIS,1 with no findings of the pest. Plant Health Inspection Service, Plant Pro- tection and Quarantine, Port Operations, 1 Information on the trapping program may Permit Unit, 4700 River Road Unit 136, River- be obtained by writing to the Animal and dale, Maryland 20737–1236.

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normal atmospheric pressure. The fu- deposit is not sufficient to meet all migation must be done in a fumigation costs incurred by APHIS, the agree- 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- Dosage— 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 States. All costs of treatment and re- 80–89 (inclusive) ...... 11⁄2 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- signed hours of duty and at the usual (2) Soapy water and wax. The place of duty, shall be borne by the cherimoyas must be immersed in a owner of the fruits or a representative soapy water bath consisting of 1 part of the owner. soap solution (such as Deterfrut) to (e) Limitation of origin. The 3,000 parts water for a minimum of 20 cherimoyas must have been grown in a seconds, followed by a pressure shower province of Chile that is free from the rinse to remove soapy excess, and then Mediterranean fruit fly (see § 319.56– followed by immersion for a minimum 2(j)). of 20 seconds in an undiluted wax coat- (f) Ports of entry. Cherimoyas from ing (such as Johnson Wax Primafresh Chile may be imported through all 31 Kosher fruit coating). ports staffed by an inspector.1 (b) APHIS inspection. Cherimoyas (g) Department not responsible for dam- from Chile are subject to inspection age. The treatments prescribed in para- under the direction of an inspector, ei- graph (a) of this section are judged ther in Chile or at the port of arrival in from experimental tests to be safe for the United States. Imported use with cherimoyas from Chile. How- cherimoyas inspected in Chile are sub- ever, the Department assumes no re- ject to reinspection at the port of ar- sponsibility for any damage sustained rival as provided for in § 319.56–6. through or in the course of such treat- (c) Trust Fund Agreement. Cherimoyas ment or by compliance with require- that are treated or inspected in Chile ments under paragraph (a) of this sec- may be imported into the United tion. States only if the plant protection service of Chile (Servicio Agricola Y [57 FR 56436, Nov. 30, 1992, as amended at 59 Ganadero, referred to in this section as FR 67610, Dec. 30, 1994] SAG) has entered into a trust fund agreement with APHIS. This agree- § 319.56–2aa Administrative instruc- tions governing the entry of canta- ment requires SAG to pay in advance loupe, honeydew melons, and wa- of each shipping season all costs that termelon from Brazil and Ven- APHIS estimates it will incur in pro- ezuela. viding inspection services in Chile dur- Cantaloupe, honeydew melons, and ing that shipping season. These costs watermelon may be imported into the include administrative expenses and all United States from Brazil and Ven- salaries (including overtime and the ezuela only under permit, and only in Federal share of employee benefits), travel expenses (including per diem ex- penses), and other incidental expenses 1 Information concerning ports staffed by incurred by APHIS in performing these inspectors may be obtained by contacting the Animal and Plant Health Inspection services. The agreement requires SAG Service, Plant Protection and Quarantine, to deposit a certified or cashier’s check Port Operations, Permit Unit, 4700 River with APHIS for the amount of these Road Unit 136, Riverdale, Maryland 20737– costs, as estimated by APHIS. If the 1236.

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accordance with this section and all (c) Labeling. All shipments of canta- other applicable requirements of this loupe, honeydew melons, and water- subpart: melon must be labeled in accordance (a) The cantaloupe, honeydew mel- with § 319.56–2(g) of this subpart. ons, or watermelon must have been [63 FR 65656, Nov. 30, 1998] grown in the area of Brazil or the area of Venezuela considered by the Animal § 319.56–2bb Administrative instruc- and Plant Health Inspection Service to tions governing movement of Hass be free of the South American cucurbit avocados from Mexico to Alaska. fly, (Anastrepha grandis), in accordance Hass avocados may be imported from with § 319.56–2(e)(4) of this subpart. In Mexico into the United States for dis- addition, all shipments of cantaloupe, tribution in Alaska only under a per- honeydew melons, and watermelon mit issued in accordance with § 319.56–4, must be accompanied by a and only under the following condi- phytosanitary certificate issued either tions: by the Departmento de Defesa e (a) Commercial shipments. The avoca- Inspec¸a~o Vegetal (Brazilian Depart- dos may be imported in commercial ment of Plant Health and Inspection) shipments only. or the Servicio Autonomo de Sanidad (b) Safeguards in Mexico. The avoca- Agropecuaria (the plant protection dos must have been grown in the Mexi- service of Venezuela) that includes a can State of Michoacan by a partici- declaration indicating that the canta- pant in the avocado export program ad- loupe or melons were grown in an area ministered by Sanidad Vegetal. Upon recognized to be free of the South request, Sanidad Vegetal will provide American cucurbit fly. APHIS with a list of all participants. (1) Area considered free of the South Under the supervision of Sanidad Vege- American cucurbit fly in Brazil. The fol- tal personnel: lowing area in Brazil is considered free (1) The avocados must have been in- of the South American cucurbit fly: spected during growing, harvesting, That portion of Brazil bounded on the and packing and must have been found north by the Atlantic Ocean; on the free from seed weevils and other pests; (2) The avocados must have been east by the River Assu (Acu) from the sealed in boxes after inspection at the Atlantic Ocean to the city of Assu; on packing house with a seal that will be the south by Highway BR 304 from the broken when the box is opened; and city of Assu (Acu) to Mossoro, and by (3) The avocados must be packed in Farm Road RN–015 from Mossoro to the an enclosed container or vehicle or Ceara State line; and on the west by under a tarpaulin cover while in tran- the Ceara State line to the Atlantic sit through Mexico to prevent exposure Ocean. of the fruit to fruit flies. (2) Area considered free of the South (c) Certification. All shipments of avo- American cucurbit fly in Venezuela. The cados must be accompanied by a docu- following area in Venezuela is consid- ment issued by Sanidad Vegetal certi- ered free of the South American fying that the conditions specified in cucurbit fly: The Paraguana Peninsula, paragraph (b) of this section have been located in the State of Falcon, bounded met. on the north and east by the Caribbean (d) Marking requirements. The boxes of Ocean, on the south by the Gulf of Coro avocados must be clearly marked with and an imaginary line dividing the au- the statement ‘‘Distribution limited to tonomous districts of Falcon and Mi- the State of Alaska.’’ randa, and on the west by the Gulf of (e) Ports. The avocados may enter the Venezuela. United States only at the following (b) Shipping requirements. The canta- ports: Galveston or Houston, Texas; the loupe, honeydew melons, and water- border ports at Nogales, Arizona; melon must be packed in an enclosed Brownsville, Eagle Pass, El Paso, Hi- container or vehicle, or must be cov- dalgo, or Laredo, Texas; any port in ered by a pest-proof screen or plastic Alaska; or other ports within that area tarpaulin while in transit to the United of the United States specified in para- States. graph (f) of this section.

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(f) Shipping areas. Except as explained § 319.56–2cc Administrative instruc- below for avocados that enter the tions governing the entry of Fuji United States at Nogales, Arizona, avo- variety apples from Japan and the cados moved by truck or rail car may Republic of Korea. transit only that area of the United Fuji variety apples may be imported States bounded on the west and south into the United States from Japan and by a line extending from El Paso, the Republic of Korea only under the Texas, to Salt Lake City, Utah, to following conditions: Portland, Oregon, and due west from (a) Treatment and fumigation. The ap- Portland; and on the east and south by ples must be cold treated and then fu- a line extending from Brownsville, migated, under the supervision of an Texas, to Galveston, Texas, to Kinder, Animal and Plant Health Inspection Louisiana, to Memphis, Tennessee, to Service (APHIS) inspector, either in Louisville, Kentucky, and due east Japan or the Republic of Korea, for the from Louisville. All cities on these peach fruit moth (Carposina niponensis), boundary lines are included in this the yellow peach moth (Conogethes area. If the avocados are moved by air, punctiferalis), the fruit tree spider mite the aircraft may not land outside this (Tetranychus viennensis), and the area. Avocados that enter the United kanzawa mite (T. kanzawai), in accord- States at Nogales, Arizona, must be ance with the Plant Protection and moved to El Paso, Texas, by the route Quarantine Treatment Manual, which specified on the permit, and then must is incorporated by reference at § 300.1 of remain within the shipping area de- this chapter. scribed above. (b) APHIS inspection. The apples must (g) Shipping requirements. The avoca- be inspected upon completion of the dos must be moved through the United treatments required by paragraph (a) States either by air or in a refrigerated of this section, prior to export from truck or refrigerated rail car or in re- Japan or the Republic of Korea, by an frigerated containers on a truck or rail APHIS inspector and an inspector from car. If the avocados are moved in re- the national plant protection agency of frigerated containers on a truck or rail Japan or the Republic of Korea. The car, an inspector must seal the con- apples shall be subject to further dis- tainers with a serially numbered seal infection in the exporting country if at the port of first arrival in the plant pests are found prior to export. United States. If the avocados are Imported Fuji variety apples inspected moved in a refrigerated truck or a re- in Japan or the Republic of Korea are frigerated rail car, an inspector must also subject to inspection and disinfec- seal the truck or rail car with a seri- tion at the port of first arrival, as pro- ally numbered seal at the port of first vided in § 319.56–6. arrival in the United States. If the avo- (c) Trust fund agreements. The na- cados are transferred to another vehi- tional plant protection agency of the cle or container in the United States, exporting country must enter into a an inspector must be present to super- trust fund agreement with APHIS be- vise the transfer and must apply a new fore APHIS will provide the services serially numbered seal. The avocados necessary for Fuji variety apples to be must be moved through the United imported into the United States from States under Customs bond. Japan or the Republic of Korea. The (h) Inspection. The avocados are sub- agreement requires the national plant ject to inspection by the Animal and protection agency to pay in advance of Plant Health Inspection Service at the each shipping season all costs that APHIS estimates it will incur in pro- U.S./Mexico border, at any stops in the viding services in Japan or the Repub- United States en route to Alaska, and lic of Korea during that shipping sea- at the port of arrival in Alaska. son. These costs include administrative [58 FR 40037, July 27, 1993] expenses and all salaries (including

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overtime and the Federal share of em- spected by, the Spanish Ministry of Ag- ployee benefits), travel expenses (in- riculture, Fisheries, and Food (MAFF); cluding per diem expenses), and other (2) The tomatoes may be shipped only incidental expenses incurred by APHIS from December 1 through April 30, in- in performing these services. The clusive; agreement requires the national plant (3) Two months prior to shipping, and protection agency to deposit a certified continuing through April 30, MAFF or cashiers check with APHIS for the must set and maintain Mediterranean amount of these costs, as estimated by fruit fly (Medfly) traps baited with APHIS. If the deposit is not sufficient trimedlure inside the greenhouses at a to meet all costs incurred by APHIS, rate of four traps per hectare. In all the agreement further requires the na- areas outside the greenhouses and tional plant protection agency to de- within 8 kilometers, including urban posit with APHIS a certified or cash- and residential areas, MAFF must iers check for the amount of the re- place Medfly traps at a rate of four maining costs, as determined by traps per square kilometer. All traps APHIS, before APHIS will provide any must be checked every 7 days; more services necessary for Fuji vari- (4) Capture of a single Medfly in a ety apples to be imported into the registered greenhouse will immediately United States from that country. After result in cancellation of exports from a final audit at the conclusion of each that greenhouse until the source of in- shipping season, any overpayment of festation is determined, the Medfly in- funds will be returned to the national festation is eradicated, and measures plant protection agency, or held on ac- are taken to preclude any future infes- count until needed, at that agency’s tation. Capture of a single Medfly with- option. in 2 kilometers of a registered green- (d) Department not responsible for dam- house will necessitate increasing trap age. The treatments prescribed in para- density in order to determine whether graph (a) of this section are judged there is a reproducing population in from experimental tests to be safe for the area. Capture of two Medflies with- use with Fuji variety apples from in 2 kilometers of a registered green- Japan and the Republic of Korea. How- house and within a 1-month time pe- ever, the Department assumes no re- riod will result in cancellation of ex- sponsibility for any damage sustained ports from all registered greenhouses through or in the course of such treat- within 2 kilometers of the find until ment or by compliance with require- the source of infestation is determined ments under paragraph (a) or (b) of this and the Medfly infestation is eradi- section. cated; [59 FR 42154, Aug. 17, 1994] (5) MAFF must maintain records of trap placement, checking of traps, and § 319.56–2dd Administrative instruc- any Medfly captures, and must make tions: conditions governing the the records available to APHIS upon entry of tomatoes. request; (a) Tomatoes (fruit) (Lycopersicon (6) The tomatoes must be packed esculentum) from Spain. Pink or red to- within 24 hours of harvest. They must matoes may be imported into the be safeguarded by a fruit fly-proof United States from Spain only under mesh screen or plastic tarpaulin while the following conditions: 1 in transit to the packing house and (1) The tomatoes must be grown in while awaiting packing, and packed in the Almeria Province of Spain in fruit fly-proof containers for transit to greenhouses registered with, and in- the airport and subsequent shipping to the United States. Transit through other fruit fly supporting areas is pro- 1 The surface area of a pink tomato is more hibited unless the fruit fly-proof con- than 30 percent but not more than 60 percent pink and/or red. The surface area of a red to- tainers are sealed by MAFF before mato is more than 60 percent pink and/or shipment and the official seal number red. Green tomatoes may be imported in ac- is recorded on the phytosanitary cer- cordance with § 319.56–2t of this subpart. tificate; and

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(7) MAFF is responsible for export panied by a phytosanitary certificate certification inspection and issuance of issued by SRPV and bearing the dec- phytosanitary certificates. Each ship- laration, ‘‘These tomatoes were grown ment of tomatoes must be accom- in registered greenhouses in the Brit- panied by a phytosanitary certificate tany Region of France.’’ issued by MAFF and bearing the dec- (c) Tomatoes (fruit) (Lycopersicon laration, ‘‘These tomatoes were grown esculentum) from Morocco and Western in registered greenhouses in Almeria Sahara. Pink tomatoes may be im- Province in Spain.’’ ported into the United States from Mo- (b) Tomatoes (fruit) (Lycopersicon rocco and Western Sahara only under esculentum) from France. Pink or red to- the following conditions: 3 matoes may be imported into the United States from France only under (1) The tomatoes must be grown in the following conditions: 2 the provinces of El Jadida or Safi in (1) The tomatoes must be grown in Morocco or in the province of Dahkla the Brittany Region of France in in Western Sahara in insect-proof greenhouses registered with, and in- greenhouses registered with, and in- spected by, the Service de la Protec- spected by, the Moroccan Ministry of tion Vegetaux (SRPV); Agriculture, Division of Plant Protec- (2) From June 1 through September tion, Inspection, and Enforcement 30, SRPV must set and maintain one (DPVCTRF); Medfly trap baited with trimedlure in- (2) The tomatoes may be shipped side and one outside each greenhouse from Morocco and Western Sahara only and must check the traps every 7 days; between December 1 and April 30, in- (3) Capture of a single Medfly inside clusive; or outside a registered greenhouse will (3) Beginning 2 months prior to the immediately result in cancellation of start of the shipping season and con- exports from that greenhouse until the tinuing through the end of the shipping source of the infestation is determined, season, DPVCTRF must set and main- the Medfly infestation is eradicated, tain Mediterranean fruit fly (Medfly) and measures are taken to preclude traps baited with trimedlure inside the any future infestation; greenhouses at a rate of four traps per (4) SRPV must maintain records of hectare. In Morocco, traps must also be trap placement, checking of traps, and any Medfly captures, and must make placed outside registered greenhouses them available to APHIS upon request; within a 2 kilometer radius at a rate of (5) From June 1 through September four traps per square kilometer. In 30, the tomatoes must be packed within Western Sahara, a single trap must be 24 hours of harvest. They must be safe- placed outside in the immediate prox- guarded by fruit fly-proof mesh screen imity of each registered greenhouse. or plastic tarpaulin while in transit to All traps in Morocco and Western Sa- the packing house and while awaiting hara must be checked every 7 days; packing, and be packed in fruit fly- (4) DPVCTRF must maintain records proof containers for transit to the air- of trap placement, checking of traps, port and subsequent shipping to the and any Medfly captures, and make the United States. At all times of the year, records available to APHIS upon re- transit through other fruit fly sup- quest; porting areas is prohibited unless the (5) Capture of a single Medfly in a fruit fly-proof containers are sealed by registered greenhouse will immediately SRPV before shipment and the official result in cancellation of exports from seal number is recorded on the that greenhouse until the source of the phytosanitary certificate; and infestation is determined, the Medfly (6) SRPV is responsible for export infestation has been eradicated, and certification inspection and issuance of measures are taken to preclude any fu- phytosanitary certificates. Each ship- ment of tomatoes must be accom- ture infestation. Capture of a single

2 See footnote 1 in paragraph (a) of this sec- 3 See footnote 1 in paragraph (a) of this sec- tion. tion.

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Medfly within 200 meters of a reg- Ganadero (SAG) and with APHIS per- istered greenhouse will necessitate in- sonnel monitoring the treatments; creasing trap density in order to deter- (2) The tomatoes must be treated and mine whether there is a reproducing packed within 24 hours of harvest. Once population in the area. Six additional treated, the tomatoes must be safe- traps must be placed within a radius of guarded by a fruit fly-proof mesh 200 meters surrounding the trap where screen or plastic tarpaulin while in the Medfly was captured. Capture of 2 transit to the packing house and while Medflies within 200 meters of a reg- awaiting packing, and be packed in istered greenhouse and within a 1- fruit fly-proof containers under APHIS month time period will necessitate monitoring for transit to the airport Malathion bait sprays in the area every and subsequent shipping to the United 7 to 10 days for 60 days to ensure eradi- cation; States; and (6) The tomatoes must be packed (3) Tomatoes may be imported into within 24 hours of harvest. They must the United States from Chile only if be safeguarded by a fruit fly-proof SAG has entered into a trust fund mesh screen or plastic tarpaulin while agreement with APHIS for that ship- in transit to the packing house and ping season. This agreement requires while awaiting packing, and packed in SAG to pay in advance all costs that fruit fly-proof containers for transit to APHIS estimates it will incur in pro- the airport and subsequent shipping to viding the preclearance services pre- the United States. The tomatoes must scribed in this section for that shipping be pink at the time of packing. Transit season. These costs will include admin- through other fruit fly supporting istrative expenses incurred in con- areas is prohibited unless the fruit fly- ducting the preclearance services; and proof containers are sealed by the Mo- all salaries (including overtime and the roccan Ministry of Agriculture, Fresh Federal share of employee benefits), Product Export (EACCE), before ship- travel expenses (including per diem ex- ment and the official seal number is re- penses), and other incidental expenses corded on the phytosanitary certifi- incurred by the inspectors in providing cate; and these services. The agreement requires (7) EACCE is responsible for export SAG to deposit a certified or cashier’s certification inspection and issuance of check with APHIS for the amount of phytosanitary certificates. Each ship- these costs for the entire shipping sea- ment of tomatoes must be accom- panied by a phytosanitary certificate son, as estimated by APHIS based on issued by EACCE and bearing the dec- projected shipment volumes and cost laration, ‘‘These tomatoes were grown figures from previous inspections. The in registered greenhouses in El Jadida agreement further requires that, if the or Safi Province, Morocco, and were initial deposit is not sufficient to meet pink at the time of packing’’ or ‘‘These all costs incurred by APHIS, SAG must tomatoes were grown in registered deposit with APHIS another certified greenhouses in Dahkla Province, West- or cashier’s check for the amount of ern Sahara and were pink at the time the remaining costs, as determined by of packing.’’ APHIS, before the inspections will be (d) Tomatoes from Chile. Tomatoes completed. The agreement also re- (fruit) (Lycopersicon esculentum) from quires that, in the event of unexpected Chile, whether green or at any stage of end-of-season costs, SAG must deposit ripeness, may be imported into the with APHIS a certified cashier’s check United States only under the following sufficient to meet such costs as esti- conditions: mated by APHIS, before any further (1) The tomatoes must be treated in preclearance services will be provided. Chile with methyl bromide in accord- If the amount SAG deposits during a ance with the PPQ Treatment Manual, shipping season exceeds the total cost which is incorporated by reference at incurred by APHIS in providing § 300.1 of this chapter. The treatment preclearance services, the difference must be conducted in facilities reg- istered with the Servicio Agricola y

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will be returned to SAG by APHIS at tions of paragraphs (a) and (b) of this the end of the shipping season. section have been met. (Approved by the Office of Management and [60 FR 50386, Sept. 29, 1995, as amended at 66 Budget under control number 0579–0131) FR 45161, Aug. 28, 2001] [63 FR 39216, July 22, 1998] § 319.56–2ff Administrative instruc- tions governing movement of Hass § 319.56–2ee Administrative instruc- avocados from Michoacan, Mexico, tions: Conditions governing the to approved States. entry of Ya variety pears from Fresh Hass variety avocados (Persea China. americana) may be imported from Ya variety pears may be imported Michoacan, Mexico, into the United into the United States from China only States for distribution in approved under the following conditions: States only under a permit issued in (a) Growing and harvest conditions. (1) accordance with § 319.56–4, and only The pears must have been grown by under the following conditions: growers registered with the Chinese (a) Shipping restrictions. (1) The avoca- Ministry of Agriculture in an APHIS- dos may be imported in commercial approved export growing area in the shipments only; Hebei or Shadong Provinces. (2) The avocados may be imported (2) Field inspections for signs of pest only between October 15 and April 15 of infestation must be conducted by the the following year; and Chinese Ministry of Agriculture during (3) The avocados may be distributed the growing season. only in the following States: Colorado, (3) The registered growers shall be re- Connecticut, Delaware, the District of sponsible for following the Columbia, Idaho, Illinois, Indiana, phytosanitary measures agreed upon Iowa, Kansas, Kentucky, Maine, Mary- by APHIS and the Chinese Ministry of land, Massachusetts, Michigan, Min- Agriculture, including applying pes- nesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New ticides to reduce the pest population York, North Dakota, Ohio, Pennsyl- and bagging the pears on the trees to vania, Rhode Island, South Dakota, reduce the opportunity for pests to at- Utah, Vermont, Virginia, West Vir- tack the fruit during the growing sea- ginia, Wisconsin, and Wyoming. son. The bags must remain on the (b) Trust fund agreement. The avoca- pears through the harvest and during dos may be imported only if the Mexi- their movement to the packing house. can avocado industry association rep- (4) The packing houses in which the resenting Mexican avocado growers, pears are prepared for exportation shall packers, and exporters has entered into not be used for any fruit other than Ya a trust fund agreement with the Ani- variety pears from registered growers mal and Plant Health Inspection Serv- during the pear export season. The ice (APHIS) for that shipping season. packing houses shall accept only those That agreement requires the Mexican pears that are in intact bags as re- avocado industry association to pay in quired by paragraph (a)(3) of this sec- advance all estimated costs that tion. The pears must be loaded into APHIS expects to incur through its in- containers at the packing house and volvement in the trapping, survey, har- the containers then sealed before vest, and packinghouse operations pre- movement to the port of export. scribed in paragraph (c) of this section. (b) Treatment. The pears must be cold These costs will include administrative treated for Bactrocera dorsalis in ac- expenses incurred in conducting the cordance with the Plant Protection services and all salaries (including and Quarantine Treatment Manual, overtime and the Federal share of em- which is incorporated by reference at ployee benefits), travel expenses (in- § 300.1 of this chapter. cluding per diem expenses), and other (c) Each shipment of pears must be incidental expenses incurred by the in- accompanied by a phytosanitary cer- spectors in performing these services. tificate issued by the Chinese Ministry The agreement requires the Mexican of Agriculture stating that the condi- avocado industry association to deposit

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a certified or cashier’s check with avocado trees. The survey must be con- APHIS for the amount of those costs, ducted during the growing season and as estimated by APHIS. If the deposit completed prior to the harvest of the is not sufficient to meet all costs in- avocados. curred by APHIS, the agreement fur- (iii) Trapping must be conducted in ther requires the Mexican avocado in- the municipality for Mediterranean dustry association to deposit with fruit fly (Medfly) (Ceratitis capitata) at APHIS a certified or cashier’s check the rate of 1 trap per 1 to 4 square for the amount of the remaining costs, miles. Any findings of Medfly must be as determined by APHIS, before the reported to APHIS. services will be completed. After a (2) Orchard and grower requirements. final audit at the conclusion of each The orchard and the grower must be shipping season, any overpayment of registered with Sanidad Vegetal’s avo- funds would be returned to the Mexican cado export program and must be listed avocado industry association or held as an approved orchard or an approved on account until needed. grower in the annual work plan pro- (c) Safeguards in Mexico. The avoca- vided to APHIS by Sanidad Vegetal. dos must have been grown in the Mexi- The operations of the orchard must can State of Michoacan in an orchard meet the following conditions: located in a municipality that meets (i) The orchard and all contiguous or- the requirements of paragraph (c)(1) of chards and properties must be surveyed this section. The orchard in which the annually and found to be free from the avocados are grown must meet the re- avocado stem weevil Copturus quirements of paragraph (c)(2) of this aguacatae. The survey must be con- section. The avocados must be packed ducted during the growing season and for export to the United States in a completed prior to the harvest of the packinghouse that meets the require- avocados. ments of paragraph (c)(3) of this sec- tion. Sanidad Vegetal must provide an (ii) Trapping must be conducted in annual work plan to APHIS that de- the orchard for the fruit flies tails the activities that Sanidad Vege- Anastrepha ludens, A. serpentina, and A. tal will, subject to APHIS’ approval of striata at the rate of one trap per 10 the work plan, carry out to meet the hectares. If one of those fruit flies is requirements of this section; APHIS trapped, at least 10 additional traps will be directly involved with Sanidad must be deployed in a 50-hectare area Vegetal in the monitoring and super- immediately surrounding the trap in vision of those activities. The per- which the fruit fly was found. If within sonnel conducting the trapping and 30 days of the first finding any addi- pest surveys must be hired, trained, tional fruit flies are trapped within the and supervised by Sanidad Vegetal or 260-hectare area surrounding the first by the Michoacan State delegate of the finding, malathion bait treatments Secretaria de Agricultura, Ganaderia y must be applied in the affected orchard Desarrollo Rural (SAGDR). in order for the orchard to remain eli- (1) Municipality requirements. (i) The gible to export avocados. municipality must be listed as an ap- (iii) Avocado fruit that has fallen proved municipality in the annual from the trees must be removed from work plan provided to APHIS by the orchard at least once every 7 days Sanidad Vegetal. and may not be included in field boxes (ii) The municipality must be sur- of fruit to be packed for export. veyed at least annually and found to be (iv) Dead branches on avocado trees free from the large avocado seed weevil in the orchard must be pruned and re- Heilipus lauri, the avocado seed moth moved from the orchard. Stenoma catenifer, and the small avo- (v) Harvested avocados must be cado seed weevils Conotrachelus placed in field boxes or containers of aguacatae and C. perseae. The survey field boxes that are marked to show must cover at least 300 hectares in the the Sanidad Vegetal registration num- municipality and include randomly se- ber of the orchard. The avocados must lected portions of each registered or- be moved from the orchard to the pack- chard and areas with wild or backyard inghouse within 3 hours of harvest or

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they must be protected from fruit fly tribution in AL, AK, AZ, AR, CA, FL, infestation until moved. GA, HI, LA, MS, NV, NM, NC, OK, OR, (vi) The avocados must be protected SC, TN, TX, WA, Puerto Rico, and all from fruit fly infestation during their other U.S. Territories.’’ movement from the orchard to the (viii) The boxes must be placed in a packinghouse and must be accom- refrigerated truck or refrigerated con- panied by a field record indicating that tainer and remain in that truck or con- the avocados originated from a cer- tainer while in transit through Mexico tified orchard. to the port of first arrival in the (3) Packinghouse requirements. The United States. Prior to leaving the packinghouse must be registered with packinghouse, the truck or container Sanidad Vegetal’s avocado export pro- must be secured by Sanidad Vegetal gram and must be listed as an approved with a seal that will be broken when packinghouse in the annual work plan the truck or container is opened. Once provided to APHIS by Sanidad Vegetal. sealed, the refrigerated truck or refrig- The operations of the packinghouse erated container must remain un- must meet the following conditions: opened until it reaches the port of first (i) During the time the packinghouse arrival in the United States. is used to prepare avocados for export (ix) Any avocados that have not been to the United States, the packinghouse packed or loaded into a refrigerated may accept fruit only from orchards truck or refrigerated container by the certified by Sanidad Vegetal for par- end of the work day must be kept in ticipation in the avocado export pro- the screened packing area. gram. (d) Certification. All shipments of avo- (ii) All openings to the outside must cados must be accompanied by a be covered by screening with openings phytosanitary certificate issued by of not more than 1.6 mm or by some Sanidad Vegetal certifying that the other barrier that prevents insects conditions specified in this section from entering the packinghouse. have been met. (iii) The packinghouse must have double doors at the entrance to the fa- (e) Pest detection. (1) If any of the avo- cility and at the interior entrance to cado seed pests Heilipus lauri, the area where the avocados are Conotrachelus aquacatae, C. perseae, or packed. Stenoma catenifer are discovered in a (iv) Prior to the culling process, a municipality during an annual pest sample of 300 avocados per shipment survey, orchard survey, packinghouse must be selected, cut, and inspected by inspection, or other monitoring or in- Sanidad Vegetal and found free from spection activity in the municipality, pests. Sanidad Vegetal must immediately ini- (v) The identity of the avocados must tiate an investigation and take meas- be maintained from field boxes or con- ures to isolate and eradicate the pests. tainers to the shipping boxes so the av- Sanidad Vegetal must also provide ocados can be traced back to the or- APHIS with information regarding the chard in which they were grown if circumstances of the infestation and pests are found at the packinghouse or the pest risk mitigation measures the port of first arrival in the United taken. The municipality in which the States. pests are discovered will lose its pest- (vi) Prior to being packed in boxes, free certification and avocado exports each avocado fruit must be cleaned of from that municipality will be sus- all stems, leaves, and other portions of pended until APHIS and Sanidad Vege- plants and labeled with a sticker that tal agree that the pest eradication bears the Sanidad Vegetal registration measures taken have been effective and number of the packinghouse. that the pest risk within that munici- (vii) The avocados must be packed in pality has been eliminated. clean, new boxes, or clean plastic reus- (2) If Sanidad Vegetal discovers the able crates. The boxes or crates must stem weevil Copturus aguacatae in an be clearly marked with the identity of orchard during an orchard survey or the grower, packinghouse, and ex- other monitoring or inspection activity porter, and the statement ‘‘Not for dis- in the orchard, Sanidad Vegetal must

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provide APHIS with information re- cados are moved by air, the aircraft garding the circumstances of the infes- may not land outside this shipping tation and the pest risk mitigation area. measures taken. The orchard in which (3) Avocados that enter the United the pest was found will lose its export States at Nogales, AZ, must be moved certification immediately and will be to Las Cruces, NM, by the route speci- denied export certification for the en- fied on the permit, and then must re- tire shipping season of October 15 main within the shipping area de- through April 15. scribed above in this paragraph. (3) If Sanidad Vegetal discovers the (h) Shipping requirements. The avoca- stem weevil Copturus aguacatae in fruit dos must be moved through the United at a packinghouse, Sanidad Vegetal States either by air or in a refrigerated must investigate the origin of the in- truck or refrigerated rail car or in a re- fested fruit and provide APHIS with in- frigerated container on a truck or rail formation regarding the circumstances car. If the avocados are moved in a re- of the infestation and the pest risk frigerated container on a truck or rail mitigation measures taken. The or- car, an inspector must seal the con- chard where the infested fruit origi- tainer with a serially numbered seal at nated will lose its export certification the port of first arrival in the United immediately and will be denied export States. If the avocados are moved in a certification for the entire shipping refrigerated truck or a refrigerated rail season of October 15 through April 15. car, an inspector must seal the truck (f) Ports. The avocados may enter the or rail car with a serially numbered United States at: seal at the port of first arrival in the (1) Any port located in a State speci- United States. If the avocados are fied in paragraph (a)(3) of this section; transferred to another vehicle or con- (2) The ports of Galveston or Hous- tainer in the United States, an inspec- ton, TX, or the border ports of Nogales, tor must be present to supervise the AZ, or Brownsville, Eagle Pass, El transfer and must apply a new serially Paso, Hidalgo, or Laredo, TX; or numbered seal. The avocados must be (3) Other ports within that area of moved through the United States the United States specified in para- under Customs bond. graph (g) of this section. (i) Inspection. The avocados are sub- (g) Shipping areas. (1) Except as ex- ject to inspection by an inspector at plained below in paragraph (g)(3) for the port of first arrival, at any stops in avocados that enter the United States the United States en route to an ap- at Nogales, AZ, avocados moved by proved State, and upon arrival at the truck or rail car may transit only that terminal market in the approved area of the United States bounded as States. At the port of first arrival, an follows: inspector will sample and cut avocados (i) On the east and south by a line ex- from each shipment to detect pest in- tending from Brownsville, TX, to Gal- festation. veston, TX, to Kinder, LA, to Memphis, (j) Repackaging. If any avocados are TN, to Knoxville, TN, following Inter- removed from their original shipping state 40 to Raleigh, NC, and due east boxes and repackaged, the stickers re- from Raleigh, and quired by paragraph (c)(3)(vi) of this (ii) On the west by following Inter- section may not be removed or ob- state 10 North from El Paso, TX, to Las scured and the new boxes must be Cruces, NM, and north following Inter- clearly marked with all the informa- state 25 to the Colorado border, then tion required by paragraph (c)(3)(vii) of west along Colorado and Utah’s south- this section. ern borders, then north along Utah’s (k) Compliance agreements. (1) Any western border, then west along Ida- person, other than the permittee, who ho’s southern border and north along moves or distributes the avocados fol- Idaho’s western border to the border lowing their importation into the with Canada. United States (i.e., a second-party or (2) All cities on the boundary lines subsequent handler) must enter into a described in paragraph (g)(1) are in- compliance agreement with APHIS. In cluded in this shipping area. If the avo- the compliance agreement, the person

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must acknowledge, and agree to ob- and all other applicable requirements serve, the requirements of paragraph of this subpart: (a) and paragraphs (f) through (k) of (a) The peppers must be grown in the this section. Compliance agreement Almeria Province of Spain in pest- forms are available, free of charge, proof greenhouses registered with, and from local offices of Plant Protection inspected by, the Spanish Ministry of and Quarantine, which are listed in Agriculture, Fisheries, and Food local telephone directories. A compli- (MAFF); ance agreement will not be required for (b) The peppers may be shipped only an individual place of business that from December 1 through April 30, in- only offers the avocados for sale di- clusive; rectly to consumers. (c) Beginning October 1, and con- (2) Before transferring the avocados tinuing through April 30, MAFF must to any person (i.e., a second-party han- set and maintain Mediterranean fruit dler) for movement or distribution, the fly (Medfly) traps baited with permittee must confirm that the sec- trimedlure inside the greenhouses at a ond-party handler has entered into a rate of four traps per hectare. In all compliance agreement with APHIS as outside areas, including urban and resi- required by paragraph (k)(1) of this sec- dential areas, within 8 kilometers of tion. If the permittee transfers the avo- the greenhouses, MAFF must set and cados to a second-party handler who maintain Medfly traps baited with has not entered into a compliance trimedlure at a rate of four traps per agreement, APHIS may revoke the per- square kilometer. All traps must be mittee’s import permit for the remain- checked every 7 days; der of the current shipping season. (d) Capture of a single Medfly in a (3) Any second-party or subsequent registered greenhouse will immediately handler who transfers the avocados to halt exports from that greenhouse another person for movement or dis- until the Deputy Administrator deter- tribution must confirm that the person mines that the source of infestation receiving the avocados has entered into has been identified, that all Medflies a compliance agreement with APHIS as have been eradicated, and that meas- required by paragraph (k)(1) of this sec- ures have been taken to preclude any tion. If the second-party or subsequent future infestation. Capture of a single handler transfers the avocados to a Medfly within 2 kilometers of a reg- person who has not entered into a com- istered greenhouse will necessitate in- pliance agreement, APHIS may revoke creased trap density in order to deter- the handler’s compliance agreement mine whether there is a reproducing for the remainder of the current ship- population in the area. Capture of two ping season. Medflies within 2 kilometers of a reg- (4) Action on repeat violators. APHIS istered greenhouse during a 1-month may deny an application for an import period will halt exports from all reg- permit from, or refuse to enter into a istered greenhouses within 2 kilo- compliance agreement with, any per- meters of the capture, until the source son who has had his or her import per- of infestation is determined and all mit or compliance agreement revoked Medflies are eradicated; under paragraph (k)(2) or (k)(3) of this (e) The peppers must be safeguarded section twice within any 5-year period. against fruit fly infestation from har- (Approved by the Office of Management and vest to export. Such safeguarding in- Budget under control number 0579–0129) cludes covering newly harvested pep- [62 FR 5313, Feb. 5, 1997, as amended at 64 FR pers with fruit fly-proof mesh screen or 68005, Dec. 6, 1999; 66 FR 55551, Nov. 1, 2001] plastic tarpaulin while in transit to the packing house and while awaiting § 319.56–2gg Administrative instruc- packing, and packing the peppers in tions; conditions governing the fruit fly-proof cartons, or cartons cov- entry of peppers from Spain. ered with fruit-fly proof mesh or plas- Peppers (fruit) (Capsicum spp.) may tic tarpaulin, and placing those cartons be imported into the United States in enclosed shipping containers for from Spain only under permit, and transit to the airport and subsequent only in accordance with this section shipment to the United States;

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(f) The peppers must be packed for with regard to the mango seed weevil shipment within 24 hours of harvest; (Sternochetus mangiferae). (g) During shipment, the peppers may (b) Treatment. The mangoes must be not transit other fruit fly-supporting subjected to the following vapor heat areas unless shipping containers are treatment for fruit flies of the genus sealed by MAFF with an official seal Bactrocera. The treatment must be con- whose number is noted on the ducted in the Philippines under the su- phytosanitary certificate; and pervision of an inspector. (h) A phytosanitary certificate issued (1) Size the fruit before treatment. by MAFF and bearing the declaration, Place temperature probes in the center ‘‘These peppers were grown in reg- of the large fruits. istered greenhouses in Almeria Prov- (2) Raise the temperature of the fruit ince in Spain,’’ must accompany the by saturated water vapor at 117.5 °F shipment. (47.5 °C) until the approximate center of the fruit reaches 114.8 °F (46 °C) [63 FR 65656, Nov. 30, 1998] within a minimum of 4 hours. ° § 319.56–2hh Conditions governing the (3) Hold fruit temperature at 114.8 F entry of peppers from New Zealand. (46 °C) for 10 minutes. (4) During the run-up time, tempera- Peppers from New Zealand may be ture should be recorded from each pulp imported into the United States only sensor once every 5 minutes. During under the following conditions: the 10 minutes holding time, tempera- (a) The peppers must be grown in ture should be recorded from each pulp New Zealand in insect-proof green- sensor every minute. During the last houses approved by the New Zealand hour of the treatment, which includes Ministry of Agriculture and Forestry the 10-minute holding time, the rel- (MAF). ative humidity must be maintained at (b) The greenhouses must be equipped a level of 90 percent or higher. After with double self-closing doors, and any the fruit are treated, air cooling and/or vents or openings in the greenhouses drench cooling are optional. (other than the double closing doors) (c) APHIS inspection. Mangoes from must be covered with 0.6 mm screening the Philippines are subject to inspec- in order to prevent the entry of pests tion under the direction of an inspec- into the greenhouse. tor, either in the Philippines or at the (c) The greenhouses must be exam- port of first arrival in the United ined periodically by MAF to ensure States. Mangoes inspected in the Phil- that the screens are intact. ippines are subject to reinspection at (d) Each shipment of peppers must be the port of first arrival in the United accompanied by a phytosanitary cer- States as provided in § 319.56–6. tificate of inspection issued by MAF (d) Labeling. Each box of mangoes bearing the following declaration: must be clearly labeled in accordance ‘‘These peppers were grown in green- with § 319.56–2(g). houses in accordance with the condi- (e) Phytosanitary certificate. Each tions in § 319.56–2hh.’’ shipment of mangoes must be accom- [66 FR 45161, Aug. 28, 2001] panied by a phytosanitary certificate issued by the Republic of the Phil- § 319.56–2ii Administrative instruc- ippines Department of Agriculture that tions: conditions governing the contains additional declarations stat- entry of mangoes from the Phil- ing that the mangoes were grown on ippines. the island of Guimaras and have been Mangoes (fruit) (Mangifera indica) treated for fruit flies of the genus may be imported into the United Bactrocera in accordance with para- States from the Philippines only under graph (b) of this section. the following conditions: (f) Trust Fund Agreement. Mangoes (a) Limitation of origin. The mangoes that are treated or inspected in the must have been grown on the island of Philippines may be imported into the Guimaras, which the Administrator United States only if the Republic of has determined meets the criteria set the Philippines Department of Agri- forth in § 319.56–2(e)(4) and § 319.56–2(f) culture (RPDA) has entered into a

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trust fund agreement with APHIS. ment in overseeing the execution of That agreement requires the RPDA to paragraphs (b) through (g) of this sec- pay, in advance of each shipping sea- tion. These costs will include adminis- son, all costs that APHIS estimates it trative expenses incurred in conducting will incur in providing inspection serv- the services enumerated in paragraphs ices in the Philippines during that (b) through (g) of this section and all shipping season. Those costs include salaries (including overtime and the administrative expenses and all sala- Federal share of employee benefits), ries (including overtime and the Fed- travel expenses (including per diem ex- eral share of employee benefits), travel penses), and other incidental expenses expenses (including per diem expenses), incurred by the inspectors in per- and other incidental expenses incurred forming these services. The Govern- by APHIS in performing these services. ment of Spain or its designated rep- The agreement requires the RPDA to resentative is required to deposit a cer- deposit a certified or cashier’s check with APHIS for the amount of those tified or cashier’s check with APHIS costs, as estimated by APHIS. If the for the amount of the costs estimated deposit is not sufficient to meet all by APHIS. If the deposit is not suffi- costs incurred by APHIS, the agree- cient to meet all costs incurred by ment further requires the RPDA to de- APHIS, the agreement further requires posit with APHIS a certified or cash- the Government of Spain or its des- ier’s check for the amount of the re- ignated representative to deposit with maining costs, as determined by APHIS a certified or cashier’s check APHIS, before any more mangoes will for the amount of the remaining costs, be treated or inspected in the Phil- as determined by APHIS, before the ippines. After a final audit at the con- services will be completed. After a clusion of each shipping season, any final audit at the conclusion of each overpayment of funds would be re- shipping season, any overpayment of turned to the RPDA or held on account funds would be returned to the Govern- until needed, at the RPDA’s option. ment of Spain or its designated rep- (g) Department not responsible for dam- resentative or held on account until age. The treatment for mangoes pre- needed. scribed in paragraph (b) of this section (b) Grower registration and agreement. is judged from experimental tests to be Persons who produce clementines in safe. However, the Department as- Spain for export to the United States sumes no responsibility for any damage must: sustained through or in the course of (1) Be registered with the Govern- such treatment. ment of Spain; and [66 FR 32213, June 14, 2001] (2) Enter into an agreement with the Government of Spain whereby the pro- § 319.56–2jj Administrative instruc- ducer agrees to participate in and fol- tions; conditions governing the im- portation of clementines from low the Mediterranean fruit fly man- Spain. agement program established by the Government of Spain. Clementines (Citrus reticulata) from Spain may only be imported into the (c) Management program for Mediterra- United States in accordance with the nean fruit fly; monitoring. The Govern- regulations in this section. ment of Spain’s Mediterranean fruit fly (a) Trust fund agreement. Clementines management program must be ap- from Spain may be imported only if the proved by APHIS, and must contain Government of Spain or its designated the fruit fly trapping and record- representative enters into a trust fund keeping requirements specified in this agreement with the Animal and Plant paragraph. The program must also pro- Health Inspection Service (APHIS) be- vide that clementine producers must fore each shipping season. The Govern- allow APHIS inspectors access to clem- ment of Spain or its designated rep- entine production areas in order to resentative is required to pay in ad- monitor compliance with the Medi- vance all estimated costs that APHIS terranean fruit fly management pro- expects to incur through its involve- gram.

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(1) Trapping and control. In areas spectors find a single live Mediterra- where clementines are produced for ex- nean fruit fly in any stage of develop- port to the United States, traps must ment during an inspection, the entire be placed in Mediterranean fruit fly shipment of clementines will be re- host plants at least 6 weeks prior to jected. If a live Mediterranean fruit fly harvest. Bait treatments using mala- in any stage of development is found in thion, spinosad, or another pesticide any two lots of fruit from the same or- that is approved by APHIS and the chard during the same shipping season, Government of Spain must be applied that orchard will be removed from the in the production areas at the rate export program for the remainder of specified by Spain’s Medfly manage- that shipping season. ment program. (g) Cold treatment. Clementines must (2) Records. The Government of Spain be cold treated in accordance with the or its designated representative must Plant Protection and Quarantine (PPQ) keep records that document the fruit Treatment Manual, which is incor- fly trapping and control activities in porated by reference at § 300.1 of this areas that produce clementines for ex- chapter. Upon arrival of clementines at port to the United States. All trapping a port of entry into the United States, and control records kept by the Gov- APHIS inspectors will examine the ernment of Spain or its designated rep- cold treatment data for each shipment resentative must be made available to to ensure that the cold treatment was APHIS upon request. successfully completed. If the cold (3) Compliance. If APHIS determines treatment has not been successfully that an orchard is not operating in completed, the shipment will be held compliance with the regulations in this until appropriate remedial actions section, it may suspend exports of have been implemented. clementines from that orchard. (h) Port of entry sampling. (d) Phytosanitary certificate. Clementines imported from Spain are Clementines from Spain must be ac- subject to inspection by an inspector at companied by a phytosanitary certifi- the port of entry into the United cate stating that the fruit meets the States. At the port of first arrival, an conditions of the Government of inspector will sample and cut Spain’s Mediterranean fruit fly man- clementines from each shipment to de- agement program and applicable tect pest infestation according to sam- APHIS regulations. pling rates determined by the Adminis- (e) Labeling. Boxes in which trator. If a single live Mediterranean clementines are packed must be la- fruit fly in any stage of development is beled with a lot number that provides found, the shipment will be held until information to identify the orchard an investigation is completed and ap- where the fruit was grown and the propriate remedial actions have been packinghouse where the fruit was implemented. packed. The lot number must end with (i) Limited distribution. For the 2002– the letters ‘‘US.’’ For the 2002–2003 2003 shipping season, clementines from shipping season, boxes must also be la- Spain may not be imported into, or dis- beled with the following statement tributed within, the following U.S. ‘‘Not for distribution in AZ, CA, FL, States and Territories: Arizona, Cali- LA, TX, Puerto Rico, and any other fornia, Florida, Louisiana, Texas, Puer- U.S. Territories.’’ All labeling must be to Rico, the U.S. Virgin Islands, the large enough to clearly display the re- Northern Mariana Islands, Guam, or quired information and must be located American Samoa. on the outside of the boxes to facilitate (j) Suspension of program. If APHIS inspection. determines at any time that the safe- (f) Pre-treatment sampling; rates of in- guards contained in this section are spection. For each shipment of not protecting against the introduction clementines intended for export to the of Medflies into the United States, United States, prior to cold treatment, APHIS may suspend the importation of APHIS inspectors will cut and inspect clementines and conduct an investiga- 200 fruit that are randomly selected tion into the cause of the deficiency. from throughout the shipment. If in- (k) Definitions.

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Lot. A number of units of clementines not exceeding 20 days pending the re- that are from a common origin (i.e., a ceipt of the permit. single producer or a homogenous pro- (c) Application may be made by tele- duction unit 1). graph, in which case the information Orchard. A plot on which clementines required above must be given. are grown that is separately registered (d) A separate permit must be se- in the Spanish Medfly management cured for shipments from each country program. and for each port of first arrival in the Shipment. (1) Untreated fruit. For un- United States. treated fruit, the term means one or more lots (containing no more than a (Approved by the Office of Management and combined total of 200,000 boxes of Budget under control number 0579–0049) clementines) that are presented to an [24 FR 10788, Dec. 29, 1959, as amended at 48 APHIS inspector for pre-treatment in- FR 57466, Dec. 30, 1983] spection. (2) Treated fruit. For treated fruit, the § 319.56–4 Issuance of permits. term means one or more lots of Upon receipt of an application and clementines that are imported into the upon approval by an inspector a permit United States on the same conveyance. will be issued specifying the conditions Shipping season. For the purposes of of entry and the port of entry to carry this section, a shipping season is con- out the purposes of this subpart, and a sidered to include the period beginning copy will be supplied to the importer. approximately in mid-September and ending approximately in late February § 319.56–5 Notice of arrival by per- of the next calendar year. mittee. (Approved by the Office of Management and (a) Immediately upon the arrival of Budget under control number 0579–0203) fruits or vegetables, from the countries [67 FR 64738, Oct. 21, 2002] specified in § 319.56, at the port of first arrival, the permittee or his agent § 319.56–3 Applications for permits for shall submit a notice, in duplicate, to importation of fruits and vegeta- the Plant Protection and Quarantine bles. Programs, through the United States (a) Persons contemplating the impor- Collector of Customs, or, in the case of tation of fruits or vegetables the entry Guam, through the Customs officer of of which is authorized in the regula- the Government of Guam, on forms tions in this subpart shall first make provided for that purpose, stating the application to the Plant Protection number of the permit; the kinds of and Quarantine Programs for a permit, fruits or vegetables; the quantity or stating in the application the country the number of crates or other con- or locality of origin of the fruits or vegetables, the port of first arrival, and tainers included in the shipment; the the name and address of the importer country or locality where the fruits or in the United States to whom the per- vegetables were grown; the date of ar- mit should be sent. rival; the name of the vessel, the name (b) Applications for permits should be and the number, if any, of the dock made in advance of the proposed ship- where the fruits or vegetables are to be ments; but if, through no fault of the unloaded, and the name of the importer importer, a shipment should arrive be- or broker at the port of first arrival, fore a permit is received, the importa- or, if shipped by rail, the name of the tion will be held in customs custody at railroad, the car numbers, and the ter- the port of first arrival, at the risk and minal where the fruits or vegetables expense of the importer, for a period are to be unloaded. (b) Permits may be revoked and 1 A homogeneous production unit is a group other permits refused if the permittee of adjacent orchards in Spain that are owned or his agent fails to submit the notice by one or more growers who follow a homog- enous production system under the same technical guidance.

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of arrival or gives a false notice or in at that port or at a place other than any other way violates the quarantine. the port of first arrival, or is prohib- ited and must be exported from the (Approved by the Office of Management and Budget under control number 0579–0049) United States. (e) Notice to owner of actions ordered [24 FR 10788, Dec. 29, 1959, as amended at 48 by inspector. If an inspector orders any FR 57466, Dec. 30, 1983] disinfection, cleaning, treatment, re- § 319.56–6 Inspection and other re- exportation, or other action with re- quirements at the port of first ar- gard to imported fruits or vegetables, rival. the inspector shall file an emergency (a) Inspection and treatment. All im- action notification (PPQ Form 523) ported fruits or vegetables shall be in- with the owner of the fruits or vegeta- spected, and shall be subject to such bles or an agent of the owner. The disinfection at the port of first arrival owner must, within the time specified as may be required by an inspector, in the PPQ Form 523, destroy the fruits and shall be subject to reinspection at and vegetables, ship them to a point other locations at the option of an in- outside the United States, move them spector. If an inspector finds a plant to an authorized site, and/or apply 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 1 any time and place before all applica- duty. 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 [60 FR 62320, Dec. 6, 1995] finds that an imported fruit or vege- table is prohibited or is so infested § 319.56–7 Inspection of baggage and with a plant pest that, in the judgment cargo on the dock. of the inspector, it cannot be cleaned Inspectors of the U.S. Department of or treated, or contains soil or other Agriculture are authorized to cooper- prohibited contaminants, the entire lot ate with the customs inspectors in the may be refused entry into the United examination of all baggage or other States. personal belongings of passengers or (d) Release for movement. No person members of crews of vessels or other shall move from the port of first ar- carriers whenever such examination is rival any imported fruit or vegetable deemed necessary for the purpose of en- unless and until an inspector notifies forcing the provisions of § 319.56 with the person (in person, in writing, by respect to the entry of any prohibited telephone, or through electronic or restricted fruits or vegetables or means) that the fruit or vegetable: (1) Has been released; or 1 Provisions relating to costs for other (2) Requires reinspection, cleaning, services of an inspector are contained in 7 or treatment of the fruit or vegetable CFR part 354.

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plants or portions of plants which may Quarantine, Animal and Plant Health be contained in the baggage or other Inspection Service, U.S. Department of belongings of such persons. Agriculture, or any other officer or em- ployee of said Service to whom author- § 319.56–8 Territorial applicability. ity to act in his/her stead has been or The regulations in this subpart shall may hereafter be delegated. apply with respect to importations into Disease. The term, in addition to its the continental United States, Guam, common meaning, includes a disease Hawaii, Puerto Rico, and the Virgin Is- agent which incites a disease. lands of the United States. Foreign strains of flag smut. Plant dis- eases caused by foreign strains of high- Subpart—Wheat Diseases ly infective fungi, Urocystis agropyri § 319.59 Prohibitions on importation; (Preuss) Schroet., which attack wheat disposal of articles refused importa- and substantially reduce its yield, and tion. which are new to or not widely preva- (a) To prevent the introduction into lent or distributed within and through- the United States of foreign strains of out the United States. flag smut and Karnal bunt, the impor- From. An article is considered to be tation of the articles designated in ‘‘from’’ any country or locality in § 319.59–2(a) and (b) may not be im- which it was grown. ported into the United States except as Inspector. Any employee of Plant Pro- provided in § 319.59–2(c). tection and Quarantine, Animal and (b) Any article refused importation Plant Health Inspection Service, U.S. in accordance with the requirements of Department of Agriculture, or other this subpart shall be promptly removed person, authorized by the Deputy Ad- from the United States or destroyed as ministrator in accordance with law to deemed necessary by an inspector at enforce the provisions of the regula- the expense of the importer, and pend- tions in this subpart. ing such action shall be subject to the immediate application of such safe- Karnal bunt. A plant disease caused guards against escape of injurious by the fungus Tilletia indica (Mitra) plant diseases (including foreign Mundkur. strains of flag smut) and Karnal bunt, Person. An individual, corporation, injurious insect pests and other plant company, society, or association. pests as an inspector determines nec- Plant Protection and Quarantine. The essary to prevent the introduction into organizational unit within the Animal the United States of such diseases or and Plant Health Inspection Service, pests. If the article is not promptly U.S. Department of Agriculture, dele- safeguarded, removed from the United gated responsibility for enforcing pro- States, or destroyed as deemed nec- visions of the Plant Protection Act and essary by an inspector at the expense related legislation, quarantines, and of the importer, it may be seized, de- regulations. stroyed, or otherwise disposed of in ac- Prohibited article. Any class of seed, cordance with section 414 of the Plant plant, or other plant product specified Protection Act (7 U.S.C. 7714). as prohibited articles in § 319.59–2(a) or [46 FR 54320, Nov. 2, 1981, as amended at 48 (b). FR 46735 Oct. 14, 1983; 63 FR 31101, June 8, Secretary. The Secretary of Agri- 1998; 66 FR 21056, Apr. 27, 2001] culture, or any other officer or em- § 319.59–1 Definitions. ployee of the Department of Agri- culture to whom authority to act in Terms used in the singular form in his/her stead has been or may hereafter this subpart shall be construed as the plural, and vice versa, as the case may be delegated. demand. The following terms, when Spp. (species). All species, clones, used in this subpart, shall be con- cultivars, strains, varieties, and hy- strued, respectively, to mean: brids, of a genus. Deputy Administrator. The Deputy Ad- United States. The States, District of ministrator of Plant Protection and Columbia, American Samoa, Northern

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Mariana Islands, Puerto Rico, and the (2) Afghanistan, India, Iraq, Mexico Virgin Islands of the United States. (except for that portion of the Mexicali Valley described in paragraph (b)(3) of [46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735, Oct. 14, 1983; 63 FR 50752, Sept. 23, this section) and Pakistan. 1998; 66 FR 21057, Apr. 27, 2001] (3) The following area of the Mexicali Valley in Mexico has been determined § 319.59–2 Prohibited articles. to be free from Karnal bunt: Those por- (a) The articles listed in paragraph tions of the municipality of Mexicali, (a)(1) of this section from the countries in the State of Baja California, and the and localities listed in paragraph (a)(2) municipality of San Luis Rio Colorado, of this section are prohibited articles in the State of Sonora, that are in- because of foreign strains of flag smut cluded in the Distrito de Desarrollo and are prohibited from being imported Rural (Rural Development District) 002 or offered for entry into the United Rio Colorado. Except for wheat States except as provided in paragraph (Triticum spp.) plants, which are prohib- (c) of this section. ited importation under § 319.37–2(a) (see (1)(i) Seeds, plants, and straw (other Poaceae) of this part, any articles de- than straw, with or without heads and scribed in paragraph (b)(1) of this sec- which have been processed or manufac- tion that are from that designated area tured for use indoors, such as for deco- may be imported into the United rative purposes or for use as toys), States subject to the following condi- chaff, and products of the milling proc- tions: ess (i.e., bran, shorts, thistle sharps, (i) The articles are offered for entry and pollards) other than flour of at the port of Calexico, CA; and Triticum spp. (wheat) or of Aegilops spp. (ii) The articles offered for entry are (barb goatgrass, goatgrass). made available for examination by an (ii) Seeds of melilotus indica (annual inspector and remain at the port until yellow sweetclover) and seeds of any released, or authorized further move- other field crops that have been sepa- ment pending release, by an inspector; rated from wheat during the screening and process. (iii) The articles are accompanied by (2) Afghanistan, Algeria, Armenia, a phytosanitary certificate issued by Australia, Azerbaijan, Bangladesh, the Mexican national plant protection Belarus, Bulgaria, Chile, China, Cy- organization that certifies that the ar- prus, Egypt, Estonia, Falkland Islands, ticles are from the area of the Mexicali Georgia, Greece, Guatemala, Hungary, Valley described in this paragraph and India, Iran, Iraq, Israel, Italy, Japan, remained within that area prior to and Kazakstan, Kyrgyzstan, Latvia, Libya, during their movement to the United Lithuania, Moldova, Morocco, Nepal, States. North Korea, Oman, Pakistan, Por- (c) Any article listed as a prohibited tugal, Romania, Russia, Spain, article in paragraph (a) or (b) of this Tajikistan, Tanzania, Tunisia, Turkey, section may be imported or offered for Turkmenistan, South Africa, South entry into the United States if: Korea, Ukraine, Uzbekistan, and Ven- (1) Imported by the U.S. Department ezuela. of Agriculture for experimental or sci- (b) The articles listed in paragraph entific purposes; (b)(1) of this section from the countries (2) Imported at the Plant Germplasm and locations listed in paragraph (b)(2) Quarantine Center, Building 320, Belts- of this section are prohibited articles ville Agricultural Center East, Belts- because of Karnal bunt: ville, MD 20705 or at any port of entry (1) Seeds, plants, straw (other than with an asterisk listed in § 319.37–14(b) straw without heads and which have of this part. been processed or manufactured into (3) Imported pursuant to a Depart- articles such as decorative wall hang- mental permit issued for such article ings, clothing or toys), chaff, and prod- and kept on file at the Plant ucts of the milling process (i.e., bran, Germplasm Quarantine Center; shorts, thistle sharps, and pollards) (4) Imported under conditions speci- other than flour of Triticum spp. fied on the Departmental permit and (wheat). found by the Deputy Administrator to

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be adequate to prevent the introduc- pared, manufactured, or processed that tion into the United States of tree, in the judgment of the inspector no plant, or fruit diseases (including for- pest risk is involved in their entry. eign strains of flag smut), injurious in- (b) The following plants and plant sects, and other plant pests, i.e., condi- products when used as packing mate- tions of treatment, processing, grow- rials will be permitted entry into the ing, shipment, disposal; and United States from the countries and (5) Imported with a Departmental tag localities designated below only in ac- or label securely attached to the out- cordance with the regulations supple- side of the container containing the ar- mental to this quarantine: ticle or securely attached to the article (1) Cereal straw, hulls, and chaff itself if not in a container, and with (such as oats, barley, and rye) from all such tag or label bearing a Depart- countries, except rice straw, hulls, and mental permit number corresponding chaff, which are prohibited importation to the number of the Departmental from all countries by paragraph (a)(1) permit issued for such article. of this section, and except wheat straw, [46 FR 54320, Nov. 2, 1981, as amended at 48 hulls, and chaff, which are restricted FR 46735 Oct. 14, 1983; 49 FR 24877, June 18, importation by § 319.59 of this part from 1984; 63 FR 31101, June 8, 1998] any country or locality listed in § 319.59–2 of this part. Subpart—Packing Materials (2) Corn and allied plants (maize, sor- ghum, broomcorn, Sudan grass, napier QUARANTINE grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, § 319.69 Notice of quarantine. from Mexico and the countries of Cen- (a) The following plants and plant tral America, the West Indies, and products, when used as packing mate- South America. rials, are prohibited entry into the (3) Grasses and hay and similar in- United States from the countries and definite dried or cured masses of localities named: grasses, weeds, and herbaceous plants; (1) Rice straw, hulls, and chaff; from from all countries. all countries. (4) Soil containing an appreciable ad- (2) Corn and allied plants (maize, sor- mixture of vegetable matter, from all ghum, broomcorn, Sudan grass, napier countries, which is authorized as safe grass, jobs-tears, teosinte, Polytoca, for packing by the rules and regula- Sclerachne, Chionachne); all parts, tions promulgated supplemental to this from all countries except Mexico, and quarantine. the countries of Central America, the (c) However, whenever the Deputy West Indies, and South America. Administrator of the Plant Protection (3) Cotton and cotton products (lint, and Quarantine Programs shall find waste, seed cotton, cottonseed, and that existing conditions as to pest risk cottonseed hulls); from all countries. involved in the movement of the arti- (4) Sugarcane; all parts of the plant cles to which the regulations supple- including bagasse, from all countries. mental hereto apply, make it safe to (5) Bamboo; leaves and small shoots, modify by making less stringent, the from all countries. restrictions contained in any of such (6) Leaves of plants; from all coun- regulations, he shall publish such find- tries. ings in administrative instructions, (7) Forest litter; from all countries. specifying the manner in which the (8) Soil containing an appreciable ad- regulations shall be made less strin- mixture of vegetable matter, from all gent, whereupon such modification countries, except such types of soil or shall become effective; or he may, earth as are authorized as safe for when the public interests will permit, packing by the rules and regulations with respect to the importation of such promulgated supplemental to this articles into Guam, upon request in quarantine. specific cases, authorize such importa- Exceptions to the above prohibitions tion under conditions, specified in the may be authorized in the case of spe- permit to carry out the purposes of cific materials which have been so pre- this subpart, that are less stringent

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than those contained in the regula- moisture retention, protection, or for tions. any other purpose; and the word (d) This quarantine shall leave in full ‘‘packing’’, as used in the expression force and effect all other quarantines ‘‘packing materials’’, shall include the and orders. presence of such materials within, in (e) As used in this subpart, unless the contact with, or accompanying such context otherwise requires, the term commodity or shipment. 1 United States means the States, the Dis- (b) Soil containing vegetable matter. trict of Columbia, Guam, Puerto Rico, Soil containing an appreciable admix- and the Virgin Islands of the United ture of vegetable matter, here brought States. under quarantine only because its con- [24 FR 10788, Dec. 29, 1959, as amended at 26 tent of decaying vegetation or plant re- FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; mains carries a definite pest risk, is to 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, be distinguished from soil of purely 1998] mineral or earthy composition, which is not covered by this quarantine. § 319.69a Administrative instructions (c) Inspector. An inspector of the U.S. and interpretation relating to the entry into Guam of plant materials Department of Agriculture. specified in § 319.69. § 319.69–2 Freedom from pests. (a) Plants and products designated in § 319.69(a)(1), (3), (4), and (5) and (b)(1) All packing materials allowed entry and (3) as prohibited or restricted entry under restriction shall be free from in- into the United States from the coun- jurious insects and plant diseases. tries and localities named may be im- ported into Guam as packing materials § 319.69–3 Entry inspection. without prohibition or restriction All packing materials shall be sub- under this subpart. Inspection of such ject to inspection at time of entry. importations may be made under the general authority of § 330.105(a) of this § 319.69–4 Disposition of materials chapter. If an importation is found in- found in violation. fected, infested, or contaminated with If the inspector shall find packing any plant pest and is not subject to dis- materials associated with or accom- posal under this part, disposition may panying any commodity or shipment be made in accordance with § 330.106 of being imported, or to have been im- this chapter. ported, in violation of § 319.69 or of the (b) Corn and allied plants listed in regulations in this subpart or shall find § 319.69(a)(2) may be imported into them infested or infected with inju- Guam subject to the requirements of rious insects or plant diseases, he may §§ 319.69–2, 319.69–3, and 319.69–4. refuse entry to the shipment, or he (c) Under § 319.69(a) (6) and (7), coco- may seize and destroy or otherwise dis- nut fronds and other parts of the coco- pose of such packing material, or he nut trees are prohibited entry into may require it to be replaced, or steri- Guam as packing materials except as lized, or otherwise treated. permitted in § 319.37–9. [24 FR 10788, Dec. 29, 1959, as amended at 60 § 319.69–5 Types of soil authorized for FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, packing. 1997] The following types of soil or earth are authorized as safe for packing: (a) RULES AND REGULATIONS Peat, (b) peat moss, and (c) Osmunda § 319.69–1 Definitions. fiber. (a) Packing materials. The expression ‘‘packing material’’, as used in § 319.69, 1 Since it is the packing materials them- includes any of the plants or plant selves which constitute the danger and not the manner of use, it is intended that the products enumerated, when these are definition shall include their presence within associated with or accompany any or accompanying a shipment regardless of commodity or shipment to serve for their function or relation to a shipment or filling, wrapping, ties, lining, mats, the character of the shipment.

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Subpart—Coffee aging that would prevent the escape of plant pests includes, but is not limited to, sealed cartons, airtight containers, SOURCE: 63 FR 65650, Nov. 30, 1998, unless otherwise noted. or vacuum packaging. Samples of unroasted coffee received by mail but § 319.73–1 Definitions. not packaged in this manner are sub- Administrator. The Administrator of ject to inspection and safeguard by an the Animal and Plant Health Inspec- inspector. These samples must be re- tion Service, United States Depart- turned to origin or forwarded to a des- ment of Agriculture, or any employee tination outside Hawaii or Puerto Rico of the United States Department of Ag- in a time specified by an inspector and riculture delegated to act in his or her in packaging that will prevent the es- stead. cape of any plant pests. If this action is Inspector. Any individual authorized not possible, the samples must be de- by the Administrator to enforce this stroyed. subpart. (b) Cargo. Samples of unroasted cof- Sample. Unroasted coffee not for com- fee that are transiting Hawaii or Puer- mercial resale. Intended use includes, to Rico as cargo and that remain on but is not limited to, evaluation, test- the carrier may proceed to a destina- ing, or market analysis. tion outside Hawaii or Puerto Rico United States. The States, District of without action by an inspector. Sam- Columbia, Guam, Northern Mariana Is- ples may be transshipped in Puerto lands, Puerto Rico, and the Virgin Is- Rico or Hawaii only after an inspector lands of the United States. determines that they are packaged to Unroasted coffee. The raw or prevent the escape of any plant pests. unroasted seeds or beans of coffee. Samples that are not packaged in this manner must be rewrapped or packaged § 319.73–2 Products prohibited impor- tation. in a manner prescribed by an inspector to prevent the escape of plant pests be- (a) To prevent the spread of the cof- fore the transshipment will be allowed. fee berry borer Hypothenemus hampei (c) Other mail, cargo, and baggage (Ferrari) and the fungus Hemileia vastatrix (Berkely and Broome), which shipments of articles covered by causes an injurious rust disease, the § 319.73–2 arriving in Puerto Rico or Ha- following articles are prohibited impor- waii may not be unloaded or trans- tation into Hawaii and Puerto Rico, ex- shipped in Puerto Rico or Hawaii and cept as provided in § 319.73–3 of this sub- are subject to inspection and other ap- part: plicable requirements of the Plant (1) Unroasted coffee; Safeguard Regulations (part 352 of this (2) Coffee plants and leaves; and chapter). (3) Empty sacks previously used for unroasted coffee. 319.73–4 Costs. (b) Due to the risk of Mediterranean All costs of inspection, packing ma- fruit fly and other injurious insects, terials, handling, cleaning, safe- seeds of all kinds when in pulp, includ- guarding, treating, or other disposal of ing coffee berries or fruits, are prohib- products or articles under this subpart ited importation into all parts of the will be borne by the owner, importer, United States by § 319.37–2(a) of this or agent of the owner or importer, in- part, except as provided in § 319.37–2(c). cluding a broker. The services of an in- spector during regularly assigned hours § 319.73–3 Conditions for transit move- ment of certain products through of duty and at the usual places of duty Puerto Rico or Hawaii. will be furnished without cost to the importer. (a) Mail. Samples of unroasted coffee that are transiting Hawaii or Puerto Rico en route to other destinations and Subpart—Cut Flowers that are packaged to prevent the es- cape of any plant pests may proceed SOURCE: 64 FR 38110, July 15, 1999, unless without action by an inspector. Pack- otherwise noted.

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§ 319.74–1 Definitions. States, move them to an authorized Administrator. The Administrator of site, and/or apply treatments, clean, or the Animal and Plant Health Inspec- apply other safeguards to the cut flow- tion Service, United States Depart- ers as prescribed by the inspector on ment of Agriculture, or any employee the PPQ Form 523. Further, if the im- of the United States Department of Ag- porter, owner, or agent or representa- riculture delegated to act in his or her tive of the importer or owner fails to stead. follow the conditions on PPQ Form 523 Cut flower. The highly perishable by the time specified on the form, commodity known in the commercial APHIS will arrange for destruction of flower-producing industry as a cut the cut flowers, and the importer, flower, which is the severed portion of owner, or agent or representative of a plant, including the inflorescence and the importer or owner will be respon- any parts of the plant attached to it, in sible for all costs incurred. Cut flowers a fresh state. This definition does not that have been cleaned or treated must include dried, bleached, dyed, or chemi- be made available for further inspec- cally treated decorative plant mate- tion, cleaning, and treatment at the rials; filler or greenery, such as fern option of the inspector at any time and fronds and asparagus plumes, fre- place indicated by the inspector before quently packed with fresh cut flowers; the requirements of this subpart will or Christmas greenery, such as holly, have been met. Neither the Depart- mistletoe, and Christmas trees. ment of Agriculture nor the inspector Inspector. Any individual authorized may be held responsible for any ad- by the Administrator to enforce this verse effects of treatment on imported subpart. cut flowers. United States. All of the States, the (c) Fumigation for agromyzids. (1) Cut District of Columbia, Guam, the North- flowers imported from any country or ern Mariana Islands, Puerto Rico, the locality and found upon inspection to Virgin Islands of the United States, be infested with agromyzids (insects of and all other territories or possessions the family Agromyzidae) must be fumi- of the United States. gated at the time of importation with methyl bromide in accordance with § 319.74–2 Conditions governing the paragraph (c)(2) of this section, with entry of cut flowers. the following exceptions: (a) Inspection. All cut flowers im- (i) Fumigation will not be required ported into the United States must be for cut flowers imported from Canada made available to an inspector for ex- (including Labrador and Newfoundland) amination at the port of first arrival or Mexico because of the finding of and must remain at the port of first ar- agromyzids. rival until released, or authorized fur- (ii) Fumigation will not be required ther movement, by an inspector. for cut flowers of Chrysanthemum spp. (b) Actions to prevent the introduction imported from Colombia or the Domin- of plant pests; notice by an inspector. If ican Republic because of the finding of an inspector orders any disinfection, agromyzids, when such agromyzids are cleaning, treatment, reexportation, or identified by an inspector to be only other action with regard to imported agromyzids of the species Liriomyza cut flowers that are found to be in- trifolii (Burgess). fested with injurious plant pests or in- (2) Fumigation schedules. Fumigation fected with diseases, the inspector will of cut flowers for agromyzids (insects provide an emergency action notifica- of the family Agromyzidae) must con- tion (PPQ Form 523) to the importer, sist of fumigation with methyl bromide owner, or agent or representative of at normal atmospheric pressure in a the importer or owner of the cut flow- chamber or under a tarpaulin in ac- ers. The importer, owner, or agent or cordance with one of the following representative of the importer or schedules: owner must, within the time specified 11⁄2 lbs. per 1,000 cu. ft. for 2 hours at 80–90 °F. in the PPQ Form 523 and at his or her (19 oz. concentration at first 1⁄2 hour) own expense, destroy the cut flowers, (12 oz. concentration at 2 hours); or ship them to a point outside the United 2 lbs. per 1,000 cu. ft. for 2 hours at 70–79 °F.

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(24 oz. concentration at first 1⁄2 hour) the United States of khapra beetle (16 oz. concentration at 2 hours); or (Trogoderma granarium Everts) it is nec- 1 ° 2 ⁄2 lbs. per 1,000 cu. ft. for 2 hours at 60–69 F. essary to restrict the importation of (30 oz. concentration at first 1⁄2 hour) (20 oz. concentration at 2 hours); or certain articles from foreign countries 3 lbs. per 1,000 cu. ft. for 2 hours at 50–59 °F. and localities. Accordingly, no person (36 oz. concentration at first 1⁄2 hour) shall import any restricted article un- (24 oz. concentration at 2 hours); or less in conformity with all of the appli- 31⁄2 lbs. per 1,000 cu. ft. for 2 hours at 40–49 °F. cable restrictions in this subpart. (41 oz. concentration at first 1⁄2 hour) (27 oz. concentration at 2 hours) (b) Any article refused importation for noncompliance with the require- NOTE: There is a possibility that some cut flowers could be damaged by such fumiga- ments of this subpart shall be promptly tion. removed from the United States or abandoned by the importer, and pend- (d) Refusal of entry. If an inspector finds that imported cut flowers are so ing such action shall be subject to the infested with a plant pest or infected immediate application of such safe- with disease that, in the judgment of guards against escape of plant pests as the inspector, they cannot be cleaned the inspector determines necessary to or treated, or if they contain soil or prevent the introduction into the other prohibited contaminants, the en- United States of plant pests. If the ar- tire lot may be refused entry into the ticle is not promptly safeguarded, re- United States. moved from the United States, or aban- doned by the importer for destruction, § 319.74–3 Importations by the Depart- it may be seized, destroyed, or other- ment. wise disposed of in accordance with The U.S. Department of Agriculture section 414 of the Plant Protection Act may import cut flowers for experi- (7 U.S.C. 7714). mental or scientific purposes under (c) A restricted article may be im- such conditions and restrictions as the ported without complying with other Administrator may prescribe to pre- restrictions under this subpart if: vent the dissemination of plant pests. (1) Imported by the U.S. Department § 319.74–4 Costs and charges. of Agriculture for experimental or sci- entific purposes; The Animal and Plant Health Inspec- tion Service, U.S. Department of Agri- (2) Imported at the Plant Germplasm culture, will be responsible only for the Quarantine Center, Building 320, Belts- costs of providing the services of an in- ville Agricultural Research Center spector during regularly assigned hours East, Beltsville, MD 20705, or at a port of duty and at the usual places of duty of entry designated by an asterisk in (provisions relating to costs for other § 319.37–14(b); services of an inspector are contained (3) Imported pursuant to a Depart- in 7 CFR part 354). The importer, mental permit issued for such article owner, or agent or representative of and kept on file at the port of entry; the importer or owner of cut flowers is (4) Imported under conditions speci- responsible for all additional costs of fied on the Departmental permit and inspection, treatment, movement, stor- found by the Deputy Administrator to age, or destruction ordered by an in- be adequate to prevent the introduc- spector under this subpart, including tion into the United States of plant the costs of any labor, chemicals, pack- pests, i.e., conditions of treatment, ing materials, or other supplies re- processing, growing, shipment, dis- quired. posal; and (5) Imported with a Departmental tag Subpart—Khapra Beetle or label securely attached to the out- § 319.75 Restrictions on importation of side of the container containing the ar- restricted articles; disposal of arti- ticle or securely attached to the article cles refused importation. itself if not in a container, and with (a) The Secretary has determined such tag or label bearing a Depart- that in order to prevent the entry into mental permit number corresponding

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to the number of the Departmental ice of the United States (Plant Protec- permit issued for such article. tion and Quarantine), which contains a [46 FR 38334, July 27, 1981, as amended at 47 description of the restricted article in- FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, tended to be imported into the United 2001] States, which certifies that the article has been thoroughly inspected, is be- § 319.75–1 Definitions. lieved to be free from injurious plant Terms used in the singular form in diseases, injurious insect pests, and this subpart shall be construed as the other plant pests, and is otherwise be- plural, and vice-versa, as the case may lieved to be eligible for importation demand. The following terms, when pursuant to the current phytosanitary used in this subpart, shall be con- laws and regulations of the United strued, respectively, to mean: States. Deputy Administrator. The Deputy Ad- Plant gum. Any of numerous colloidal ministrator of the Animal and Plant polysaccharide substances of plant ori- Health Inspection Service, U.S. Depart- gin that are gelatinous when moist but ment of Agriculture for Plant Protec- harden on drying. Plant gums include tion and Quarantine, or any other offi- but are not limited to acacia gum, guar cer or employee of the Department to gum, gum arabic, locust gum and whom authority to act in his/her stead has been or many hereafter be dele- tragacanth gum. gated. Plant pest. The egg, pupal, and larval From. An article is considered to be stages as well as any other living stage ‘‘from’’ any country or locality in of any insects, mites, nematodes, slugs, which it originated or any country(ies) snails, protozoa, or other invertebrate or locality(ies) in which it was animals, bacteria, fungi, other para- offloaded prior to arrival in the United sitic plants or reproductive parts States. thereof, viruses, or any organisms Import. (importation, imported). To similar to or allied with any of the import or move into the United States. foregoing, or any infectious substances, Inspector. Any employee of Plant Pro- which can directly or indirectly injure tection and Quarantine, Animal and or cause disease or damage in any Plant Health Inspection Service, U.S. plants or parts thereof, or any proc- Department of Agriculture, or other essed, manufactured, or other products person, authorized by the Deputy Ad- of plants. ministrator in accordance with law to Plant Protection and Quarantine. The enforce the provisions of the regula- organizational unit within the Animal tions in this subpart. and Plant Health Inspection Service, Nursery stock. All field-grown florist’s U.S. Department of Agriculture, dele- stock, trees, shrubs, vines, cuttings, gated responsibility for enforcing pro- grafts, scions, buds, fruit pits, and visions of the Plant Protection Act and other seeds of fruit and ornamental related legislation, quarantines, and trees or shrubs, and other plants and regulations. 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. Phytosanitary certificate of inspection. United States. The States, District of A document relating to a restricted ar- Columbia, American Samoa, Guam, ticle, which is issued by a plant protec- Northern Mariana Islands, Puerto tion official of the country in which Rico, and the Virgin Islands of the the restricted article was grown, which United States. is issued not more than 15 days prior to [46 FR 38334, July 27, 1981, as amended at 47 shipment of the restricted article from FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, the country in which grown, which is 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, addressed to the plant protection serv- Apr. 27, 2001]

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§ 319.75–2 Restricted articles.1 and cumin seeds (Cuminum cyminum) in (a) The following articles from the new jute or burlap bags from Pakistan. specified localities or countries are re- (b) Afghanistan, Algeria, Bangladesh, stricted articles: Burma, Cyprus, Egypt, India, Iran, (1) Seeds of the plant family Iraq, Israel, Libya, Mali, Mauritania, Cucurbitaceae 2 if in shipments greater Morocco, Niger, Nigeria, Pakistan, than two ounces, if not for propaga- Saudi Arabia, Senegal, Sri Lanka, tion, and if from a country listed in Sudan, Syria, Tunisia, Turkey, and paragraph (b) of this section; Upper Volta. (2) Brassware and wooden screens [50 FR 8706, Mar. 5, 1985] from Bombay, India; (3) Goatskins, lambskins, and sheep- § 319.75–3 Permits. skins (excluding goatskins, lambskins, (a) A restricted article may be im- and sheepskins which are fully tanned, ported only after issuance of a written blue-chromed, pickled in mineral acid, permit by Plant Protection and Quar- or salted and moist) from Sudan or antine. India; (b) An application for a written per- (4) Plant gums shipped as bulk cargo mit should be submitted to the Animal (in an unpackaged state) if from a and Plant Health Inspection Service, country listed in paragraph (b) of this Plant Protection and Quarantine, Port section; Operations, Permit Unit, 4700 River (5) Used jute or burlap bagging not Road Unit 136, Riverdale, Maryland containing cargo if from a country list- 3 20737–1236, at least 60 days prior to ar- ed in paragraph (b) of this section; rival of the article at the port of entry. (6) Used jute or burlap bagging from The completed application shall in- a country listed in paragraph (b) of this clude the following information: 4 section that contains cargo, and the (1) Name, address, and telephone cargo in such bagging; 3 number of the importer; (7) Used jute or burlap bagging from (2) Approximate quantity and kinds a country listed in paragraph (b) of this of articles intended to be imported; section that is used as a packing mate- (3) Country or locality of origin; rial (such as filler, wrapping, ties, lin- (4) Country(ies) or locality(ies) where ing, matting, moisture retention mate- it is intended to be off-loaded prior to rial, or protection material), and the arrival in the United States; cargo for which the used jute or burlap (5) Intended U.S. port of entry; bagging is used as a packing material; 3 (6) Means of transportation; and and (7) Expected date of arrival. (8) Whole chilies (Capsicum spp.), (c) A permit indicating the applicable whole red peppers (Capsimcum spp.), conditions for importation under this subpart will be issued by Plant Protec- 1 The importation of restricted articles tion and Quarantine Programs if, after may be subject to prohibitions or restric- review of the application, the articles tions under other provisions of 7 CFR part 319. For example, fresh whole chilies are deemed eligible to be imported into (Capsicum spp.) and fresh whole red peppers the United States under the conditions (Capsicum spp.) from Pakistan are prohibited specified in the permit. However, even from being imported into the United States if such a permit is issued, the regulated under the provisions of 7 CFR 319.56 et seq. article may be imported only if all ap- 2 Seeds of the plant family Cucurbitaceae plicable requirements of this subpart include but are not limited to: Benincasa are met and only if an inspector at the hispida (wax gourd), Citrullus Lanatus (wa- port of entry determines that no reme- termelon) Cucumis melon (muskmelon, can- taloup, honeydew), Cumumis sativius (cu- dial measures pursuant to section 414 cumber), Cucurbita pepo (pumpkin, squashes, vegetable marrow), Lagenaria 4 Application forms are available without siceraria (calabash, gourd), Luffa cylindrica charge from the Animal and Plant Health In- (dishcloth gourd), Mormoridica charantia spection Service, Plant Protection and Quar- (bitter melon), and Sechium edule (chayote). antine, Port Operations, Permit Unit, 4700 3 Such bagging may be subject to addi- River Road Unit 136, Riverdale, Maryland tional restrictions under the provisions in 7 20737–1236, or local offices which are listed in CFR 319.8 et seq. telephone directories.

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of the Plant Protection Act (7 U.S.C. that is used as a packing material, and 7714) are necessary with respect to the the cargo for which the jute or burlap regulated article.5 bagging is used as a packing material (d) Any permit which has been issued (except for articles specified in para- may be withdrawn by an inspector or graphs (b) and (c) of this section). the Deputy Administrator if he/she de- (1) Fumigation with methyl bromide termines that the holder thereof has under a tarpaulin at normal atmos- not complied with any condition for pheric pressure in accordance with one the use of the document. The reasons of the following schedules: for the withdrawal shall be confirmed (i) 40 g/m3 (21⁄2a lb/1000 ft3) for 12 hrs. at in writing as promptly as cir- 32 °C (90 °F) or above. cumstances permit. Any person whose permit has been withdrawn may appeal (20 g (oz) minimum gas concentration at 2–4 the decision in writing to the Deputy hrs.). Administrator within ten (10) days (15 g (oz) minimum gas concentration at 12 hrs.). after receiving the written notification of the withdrawal. The appeal shall (ii) 56 g/m3 (31⁄2 lb/1000 ft3) for 12 hrs. at state all of the facts and reasons upon 26.5°–31.5 °C (80°–89 °F). which the person relies to show that (30 g (oz) minimum gas concentration at 2–4 the permit was wrongfully withdrawn. hrs.). The Deputy Administrator shall grant (20 g (oz) minimum gas concentration at 12 or deny the appeal, in writing, stating hrs.). the reasons for the decision as prompt- 3 1 3 ly as circumstances permit. If there is (iii) 72 g/m (4 ⁄2 lb/1000 ft ) for 12 hrs. at ° ° ° ° a conflict as to any material fact, a 21 –26 C (70 –79 F). hearing shall be held to resolve such (40 g (oz) minimum gas concentration at 2–4 conflict. hrs.). (25 g (oz) minimum gas concentration at 12 (Approved by the Office of Management and hrs.). Budget under control number 0579–0049) 3 3 [46 FR 38334, July 27, 1981, as amended at 47 (iv) 96 g/m (6 lb/1000 ft ) for 12 hrs. at FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 15.5°–20.5 °C (60°–69 °F). 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. (50 g (oz) minimum gas concentration at 2–4 5, 1985; 59 FR 67610, Dec. 30, 1994; 66 FR 21057, hrs.). Apr. 27, 2001] (30 g (oz) minimum gas concentration at 12 § 319.75–4 Treatments. 6 hrs.). A restricted article prior to move- (v) 120 g/m3 (71⁄2 lb/1000 ft3) for 12 hrs. at ment into the United States from the 10°–15 °C (50°–59 °F). port of entry shall be treated under the (60 g (oz) minimum gas concentration at 2–4 supervision of an inspector for possible hrs.). infestation with khapra beetle as set (35 g (oz) minimum gas concentration at 12 forth below: hrs.). (a) Brassware; wooden screens; goat- (vi) 144 g/m3 (9 lb/1000 ft3) for 12 hrs. at skins; lambskins; sheepskins; plant 4.5°–9.5 °C (40°–49 °F). gums; seeds of the plant family cucurbitaceae; jute or burlap bagging (70 g (oz) minimum gas concentration at 2–4 that contains cargo, and the cargo in hrs.). such bagging (except for articles speci- (40 g (oz) minimum gas concentration at 12 fied in paragraphs (b) and (c) of this hrs.). section); and jute or burlap bagging (2) Fumigation with methyl bromide in a chamber at normal atmospheric 5 An inspector may hold, seize, quarantine, pressure at one of the following sched- treat, apply other remedial measures to, ules: destory, or otherwise dispose of plants, plant (i) 40 g/m3 (21⁄2 lb/1000 ft3) for 12 hrs. at pests, or other articles in accordance with 32 °C (90 °F) or above. sections 414, 421, and 434 of the Plant Protec- 3 1 3 tion Act (7 U.S.C. 7714, 7731, and 7754). (ii) 56 g/m (3 ⁄2 lb/1000 ft ) for 12 hrs. at 6 There is a possibility that some articles, 26.5°–31.5 °C (80°–89 °F). especially live plants, could be damaged by (iii) 72 g/m3 (41⁄2 lb/1000 ft3) for 12 hrs. at fumigation. 21°–26 °C (70°–79 °F).

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(iv) 96 g/m3 (6 lb/1000 ft3) for 12 hrs. at (50 g (oz) gas concentration in space at 12–24 15.5°–20.5 °C (60°–69 °F). hrs.). 3 3 (v) 160 g/m (10 lb/1000 ft ) for 12 hrs. at (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at ° ° ° ° 10 –15 C (50 –59 F). 10°–15 °C (50°–59 °F). (vi) 192 g/m3 (12 lb/1000 ft3) for 12 hrs. at 4.5°–9.5 °C (40°–49 °F). (30 g (oz) gas concentration in commodity at (3) Fumigation with methyl bromide 4–28 hrs.). in a chamber at 660mm (26 inch) vacu- (95 g (oz) gas concentration in space at 4–12 um at one of the following schedules: hrs.). (50 g (oz) gas concentration in space at 12–28 (i) 128 g/m3 (21⁄2 lb/1000 ft3) for 3 hrs. at hrs.). 15.5 °C (60 °F) or above. (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at 4.5°–15 °C (40°–59 °F). 4.5°–9.5 °C (40°–49 °F). (iii) 160 g/m3 (10 lb/1000 ft3) for 3 hrs. at ¥1°–4 °C (30°–39 °F). (30 g (oz) gas concentration in commodity at 4–32 hrs.). 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/m3 (4 lb/1000 ft3) for 24 hrs. at 32 (1) Fumigation with methyl bromide °C (90 °F) or above. under a tarpaulin at normal atmos- (ii) 96 g/m3 (6 lb/1000 ft3) for 24 hrs. at pheric pressure at one of the following 26.5°–31.5 °C (80°–89 °F). schedules: (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at (i) 64 g/m3 (4 lb/1000 ft3) for 24 hrs. at 32 21°–26 °C (70°–79 °F). ° ° C (90 F) or above. (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at (10 g (oz) gas concentration in commodity at 15.5°–20.5 °C (60°–69 °F). 4–24 hrs.). (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at (35 g (oz) gas concentration in space at 4–12 10°–15 °C (50°–59 °F). hrs.). (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at (25 g (oz) gas concentration in space at 12–24 ° ° ° ° hrs.). 4.5 –9.5 C (40 –49 F). (3) Fumigation with methyl bromide 3 3 (ii) 96 g/m (6 lb/1000 ft ) for 24 hrs. at in a chamber at 660 mm (26 inch) vacu- ° ° ° ° 26.5 –31.5 C (80 –89 F). um at one of the following schedules: (15 g (oz) gas concentration in commodity at (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at 4–24 hrs.). 15.5 °C (60 °F) or above. (50 g (oz) gas concentration in space at 4–12 (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at hrs.). 4.5–15 °C (40°–59 °F). (30 g (oz) gas concentration in space at 12–24 hrs.). NOTE: Maximum volume of commodity (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at being treated under subsection (3) shall not exceed 75% of the total volume of chamber. 21°–26 °C (70°–79 °F). (c) Baled cotton lint, cotton linters, (20 g (oz) gas concentration in commodity at 4–24 hrs.). cotton waste, and cotton piece goods; (65 g (oz) gas concentration in space at 4–12 and the jute or burlap bagging used as hrs.). a container or packing material for (35 g (oz) gas concentration in space at 12–24 such baled cotton lint, cotton linters, hrs.). cotton waste, or cotton piece goods. (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at (1) Fumigation with methyl bromide 15.5°–20.5 °C (60°–69 °F). under a tarpaulin or in a chamber at normal atmospheric pressure at one of (30 g (oz) gas concentration in commodity at the following schedules: 4–24 hrs.). (95 g (oz) gas concentration in space at 4–12 (i) 128 g/m3 (8 lb/1000 ft3) for 24 hours hrs.). at 15.5 °C 60 °F or above

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(25 g (oz.) concentration in commodity § 319.75–6 Arrival notification. 4–24 hrs.) (65 g (oz.) concentration in space 4–12 Promptly upon arrival of any re- hrs.) stricted article at a port of entry, the (35 g (oz.) concentration in space 12–24 importer shall notify Plant Protection hrs.) and Quarantine of the arrival by such (ii) 176 g/m3 (11 lb/1000 ft3) for 24 hrs. means as a manifest, Customs entry at 4.5°–15 °C (40°–59 °F) document, commercial invoice, way- (30 g (oz.) concentration in commodity bill, a broker’s document, or a notice 4–24 hrs.) form provided for that purpose. (95 g (oz.) concentration in space 4–24 (Approved by the Office of Management and hrs.) Budget under control number 0579–0049) (50 g (oz.) concentration in space 12–24 [46 FR 38334, July 27, 1981, as amended at 48 hrs.) FR 57466, Dec. 30, 1983] NOTE: Maximum volume of commodity being treated under subsection (1) shall not § 319.75–7 Costs and charges. exceed 50% of the total volume of chamber. The services of the inspector during Concentration readings may be omitted for chamber fumigations. regularly assigned hours of duty and at the usual places of duty shall be fur- (2) Fumigation with methyl bromide nished without cost to the importer.3 in a chamber at 660mm (26 inch) vacum The importer shall be responsible for at one of the following schedules: arrangements for treatments required (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at under § 319.75–4. Any treatment re- 15.5 °C (60 °F) or above. quired under § 319.75–4 for a restricted (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at article shall be performed at the port 4.5°–15 °C (40°–59 °F). of entry by a nongovernmental fumi- gator at the importer’s expense, and NOTE: Maximum volume of commodity shall be performed under the super- being treated under subsection (2) shall not exceed 75% of the total volume of chamber. vision of an inspector. Plant Protec- tion and Quarantine will not be respon- [46 FR 38334, July 27, 1981, as amended at 49 sible for any costs or charges, other FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985] than those indicated in this section.

§ 319.75–5 Marking and identity. [46 FR 38334, July 27, 1981] (a) Any restricted article at the time § 319.75–8 Ports of entry. of importation shall plainly and cor- rectly bear on the outer container (if in Any restricted article shall be im- a container) or on the restricted article ported only at a port of entry listed in (if not in a container) the following in- § 319.37–14 of this part and found by the formation: Deputy Administrator and specified on (1) General nature and quantity of the permit issued pursuant to § 319.75–3 the contents, to have a nongovernmental fumigator (2) Country or locality of origin, available at the port to treat such re- (3) Name and address of shipper, stricted article pursuant to § 319.75–4. It owner, or person shipping or for- is the responsibility of the importer to warding the article, arrange with the nongovernmental fu- (4) Name and address of consignee, migator for treatment of the article. (5) Identifying shipper’s mark and [46 FR 38334, July 27, 1981] number, and (b) Any restricted article shall be ac- § 319.75–9 Inspection and companied at the time of importation phytosanitary certificate of inspec- by an invoice or packing list indicating tion. the contents of the shipment. (a) Any nursery stock, plant, fruit, (Approved by the Office of Management and vegetable, root, bulb, or other plant Budget under control number 0579–0049) [46 FR 38334, July 27, 1981, as amended at 47 3 Provisions relating to costs for other FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, services of an inspector are contained in 7 1983] CFR part 354.

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product designated as a restricted arti- § 319.76 Restrictions on importation of cle and grown in a country maintain- restricted articles; disposal of arti- ing an official system of inspection for cles refused importation. the purpose of determining whether (a) No person may import any re- such article is free from injurious plant stricted article unless in conformity diseases, injurious insect pests, and with all of the restrictions in this sub- other plant pests shall be accompanied part. by a phytosanitary certificate of in- (b) Any article refused importation spection from the plant protection for noncompliance with the require- service of such country at the time of ments of this subpart shall be promptly importation or offer for importation removed from the United States or into the United States. Such certifi- abandoned by the importer, and pend- cate may cover more than one article ing such action shall be subject to the and more than one container kept to- immediate application of such safe- gether during shipment and offer for guards against escape of plant pests as importation. the inspector determines necessary to (b) Any nursery stock, plant, fruit, prevent the introduction into the vegetable, root, bulb, seed, or other United States of plant pests. If the ar- plant product designated as a re- ticle is not promptly safeguarded, re- stricted article which is accompanied moved from the United States, or aban- by a valid phytosanitary certificate of doned for destruction by the importer, inspection is subject to inspection by it may be seized, destroyed, or other- an inspector at the time of importation wise disposed of in accordance with into the United States for the purpose section 414 of the Plant Protection Act of determining whether such article is (7 U.S.C. 7714). free of injurious plant diseases, inju- (c) A restricted article may be im- rious insect pests, and other plant ported without complying with other pests, and whether such article is oth- provisions under this subpart if: erwise eligible to be imported into the (1) Imported by the U.S. Department United States. of Agriculture for experimental or sci- (c) Any nursery stock, plant, fruit, entific purposes; vegetable, root, bulb, seed, or other (2) Imported at the Plant Germplasm plant product designated as a re- Quarantine Center, Building 320, Belts- stricted article and grown in a country ville Agricultural Research Center not maintaining an official system of East, Beltsville MD 20705, or at a port inspection for the purpose of deter- of entry designated by an asterisk in mining whether such article is free § 319.37–14(b); from injurious plant diseases, or inju- (3) Imported pursuant to a depart- rious insect pests, and other plant mental permit issued for such article pests shall be inspected by an inspector and kept on file at the port of entry; at the time of importation into the (4) Imported under conditions speci- United States for the purpose of deter- fied on the departmental permit and mining whether such article is free of found by the Deputy Administrator to such diseases and pests and whether be adequate to prevent the introduc- such article is otherwise eligible to be tion into the United States of plant imported into the United States. pests, i.e., conditions of treatment, [50 FR 8707, Mar. 5, 1985] processing, shipment, disposal; and (5) Imported with a departmental tag Subpart—Exotic Bee Diseases and or label securely attached to the out- Parasites side of the container or securely at- tached to the article itself if not in a container, and with such tag or label SOURCE: 50 FR 24172, June 10, 1985, unless otherwise noted.

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bearing the name of the person to plants or parts thereof, or any proc- whom the permit is issued. essed, manufactured, or other products of plants. (Approved by the Office of Management and Budget under control number 0579–0072) Plant Protection and Quarantine. The organizational unit within the Animal [50 FR 24172, June 10, 1985, as amended at 59 and Plant Health Inspection Service, FR 67133, Dec. 29, 1994; 66 FR 21057, Apr. 27, 2001] U.S. Department of Agriculture, dele- gated responsibility for enforcing pro- § 319.76–1 Definitions. visions of the Plant Protection Act and Terms used in the singular form in related legislation, quarantines, and this subpart shall be construed as the regulations. plural, and vice versa, as the case may Secretary. The Secretary of Agri- demand. The following terms, when culture, or any other officer or em- used in this subpart, shall be construed ployee of the Department of Agri- respectively, to mean: culture to whom authority to act in his Bee. Any member of the superfamily or her stead has been or may hereafter Apoidea. be delegated. Deputy Administrator. The Deputy Ad- United States. The States, District of ministrator of the Animal and Plant Columbia, American Samoa, Guam, Health Inspector Service for Plant Pro- Northern Mariana Islands, Puerto tection and Quarantine, U.S. Depart- Rico, and the Virgin Islands of the ment of Agriculture, or any other offi- United States. cer or employee of the Department to [50 FR 24172, June 10, 1985, as amended at 66 whom authority to act in his or her FR 21057, Apr. 27, 2001] stead has been or may hereafter be del- egated. § 319.76–2 Restricted articles. Exotic bee diseases. Bee diseases of for- The following articles from any coun- eign origin, including but not limited try or locality other than Canada are to Aspergillus spp., Bacillus spp., Ento- restricted articles: mophthora spp., Beauveria spp., (a) Live bees, other than honeybees Cordyceps spp., and Saccharomyces spp. of the genus Apis, in any life stage;1 Exotic bee parasites. Bee parasites of (b) Dead bees of any genus; foreign origin, including but not lim- (c) Used bee boards, hives, nests, and ited to Coelioxys spp. and Chrysis spp., nesting material; Varroa jacobsoni, Euvarroa sinhai, (d) Used beekeeping equipment, e.g. Tropilaelaps clareae, and Acarapis woodi. smokers, hive tools, gloves or other Import (importation, imported). To im- clothing, and shipping containers; port or move into the United States. (e) Beeswax, unless it has been lique- Inspector. Any employee of Plant Pro- fied; tection and Quarantine, Animal and (f) Pollen for bee feed; and Plant Health Inspection Service, U.S. (g) Honey for bee feed. Department of Agriculture, or other person authorized by the Deputy Ad- [50 FR 24172, June 10, 1985, as amended at 60 ministrator in accordance with law to FR 6000, Feb. 1, 1995] enforce the provisions of this subpart. Person. Any individual, corporation, § 319.76–3 Permits. company, society, association, or any (a) A restricted article may be im- other organized group. ported only after issuance of a written Plant pest. The egg, pupal, and larval permit by Plant Protection and Quar- stages as well as any other living stage antine. of any insects, mites, nematodes, slugs, (b) An application for a written per- snails, protozoa, or other invertebrate mit must be submitted to the Animal animals, bacteria, fungi, or other para- and Plant Health Inspection Service, sitic plants or reproductive parts Plant Protection and Quarantine, Bio- thereof, viruses, or any organisms logical Assessments and Taxonomic similar to or allied with any of the foregoing, or any infectious substances, 1 Regulations regarding the importation of which can directly or indirectly injure live honeybees of the genus Apis are set forth or cause disease or damage in any in 7 CFR part 322.

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Support, 4700 River Road Unit 133, Riv- appeal in writing, stating the reasons erdale, Maryland 20737–1236, and should for the decision, as promptly as cir- be submitted at least 30 days prior to cumstances allow. If there is a conflict arrival of the article at the U.S. port of as to any material fact, a hearing shall entry. The completed application does be held to resolve the conflict. not have to be on any particular form (Approved by the Office of Management and but must indicate that it is an applica- Budget under control number 0579–0072) tion for a written permit, and include the following information: [50 FR 24172, June 10, 1985, as amended at 59 (1) Name, address, and telephone FR 67610, Dec. 30, 1994; 66 FR 21057, Apr. 27, 2001] number of the importer; (2) Approximate quantity and kinds § 319.76–4 Inspections and treatments. of articles intended to be imported; (3) Country or locality of origin; (a) Live bees, other than honeybees (4) Intended United States port of of the genus Apis, in any life stage entry; shall be microscopically inspected by (5) Means of transportation; and an inspector for exotic bee diseases and (6) Expected date of arrival. parasites, and any bee disease or para- (c) A permit indicating the applicable site found will be physically removed conditions for importation under this by an inspector or destroyed by an in- subpart will be issued by Plant Protec- spector by treatment with a pesticide tion and Quarantine Programs if, after registered by the Environmental Pro- review of the application, the articles tection Agency under the Federal In- are deemed eligible to be imported into secticide, Fungicide, and Rodenticide the United States under the conditions Act, as amended (7 U.S.C. 135 et seq.), specified in the permit. However, even for use on bees and used in accordance if such a permit is issued, the regulated with directions on the label in connec- article may be imported only if all ap- tion with the registration under the plicable requirements of this subpart provisions of the Federal Insecticide, are met and only if an inspector at the Fungicide, and Rodenticide Act, as port of entry determines that no reme- amended. The inspection may include dial measures pursuant to section 414 dissection of a statistically designed of the Plant Protection Act (7 U.S.C. representative sample of the bees, if 7714) are necessary with respect to the deemed necessary by the inspector for regulated article.2 determinations concerning the absence (d) Any permit which has been issued or presence of bee diseases or parasites. may be withdrawn by an inspector or If the inspector determines that a dis- the Deputy Administrator if he or she ease or parasite cannot be removed or determines that the permit holder has otherwise destroyed, the bees shall be not complied with any condition for killed by immersion in a solution con- the use of the permit. The reasons for taining at least 70% alcohol. the withdrawal shall be confirmed in (b) Any dead bees for research at the writing as promptly as circumstances time of importation must be in a solu- allow. Any person whose permit has tion containing at least 70% alcohol, or been withdrawn may appeal the deci- must be in a dry, sealed container. If in sion in writing to the Deputy Adminis- a dry, sealed container, the dead bees trator within 20 days after receiving shall be kept in the container under the written notification of the with- the control of an inspector at the port drawal. The appeal must state all of of entry for 7 days. the facts and reasons upon which the (c) Any restricted article not covered person relies to show that the permit by paragraph (a) or (b) of this section, was wrongfully withdrawn. The Deputy prior to movement into the United Administrator shall grant or deny the States from the port of entry, shall be treated under the supervision of an in- spector as follows: 2 An inspector may hold, seize, quarantine, (1) Dead bees; used bee boards, hives, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant nests, or nesting material; used bee- pests, or other articles in accordance with keeping equipment; and pollen for bee sections 414, 421, and 434 of the Plant Protec- feed shall be treated in an airtight tion Act (7 U.S.C. 7714, 7731, and 7754). chamber with 450 mg of ethylene oxide

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per liter of chamber space at a tem- Quarantine of the arrival by such perature of at least 100 °F (37.78 °C) for means as a manifest, customs entry 8 hours. document, commercial invoice, way- (2) Beeswax that has not been lique- bill, a broker’s document, or a notice fied shall be melted. form provided for that purpose. (3) Honey for bee feed shall be heated to 212 °F (100 °C) for 30 minutes. (Approved by the Office of Management and Budget under control number 0579–0049) § 319.76–5 Marking and shipping. (a) Any restricted article for impor- § 319.76–7 Costs and charges. tation by means other than mail shall The services of the inspector during at the time of importation bear on the regularly assigned hours of duty and at outer container (if in a container) or on the usual places of duty shall be fur- the article (if not in a container) the nished without cost to the importer. 3 following information: The importer shall be responsible for (1) General nature and quantity of arrangements for treatments required the contents, under § 319.76–4. Any treatment re- (2) Country or locality of origin, quired under § 319.76–4 for a restricted (3) Name and address of shipper, article, other than for treatments of owner, or person shipping or for- live bees in any life stage or for holding warding the article, (4) Name and address of consignee, dead bees in dry, sealed containers, and shall be performed at the port of entry (5) Identifying shipper’s mark and by a nonfederal establishment at the number. importer’s expense, and shall be per- (b) Any restriction article for impor- formed 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 indi- an 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, (2) Country or locality of origin, and (b) Any restricted article, other than (3) Name and address of shipper, bees in any life stage, imported by mail owner, or person shipping or for- may be imported only at a port of warding the article. entry designated by an asterisk in (c) Any restricted article must be ac- § 319.37–14(b) of this part. companied at the time of importation (c) Live bees in any life stage, other by an invoice or packing list indicating than honeybees of the genus Apis, may the contents of the shipment. be imported at the Bee Biology and (d) Live bees in any life stage, other Systematics Laboratory, USDA, ARS, than honeybees of the genus Apis, may 261 NRB–UMC 53, Utah State Univer- be imported only in loose cells within sity, Logan, Utah 84322; or at the Plant noncrushable (hard plastic, wood, or Germplasm Quarantine Center, Build- metal), insect-proof containers. ing 320, Beltsville Agricultural Re- (Approved by the Office of Management and search Center East, Beltsville, MD Budget under control number 0579–0072) 20705.

§ 319.76–6 Arrival notification. Promptly upon arrival of any re- stricted article at a port of entry, ex- 3 Provisions relating to costs for other cept for mail shipments, the importer services of an inspector are contained in 7 must notify Plant Protection and CFR part 354.

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Subpart—Gypsy Moth Host States. A phytosanitary certificate Material from Canada must be addressed to the Animal and Plant Health Inspection Service and may be issued no more than 14 days SOURCE: 64 FR 45866, Aug. 23, 1999, unless otherwise noted. prior to the shipment of the regulated article. § 319.77–1 Definitions. Recreational vehicles. Vehicles, includ- Animal and Plant Health Inspection ing pickup truck campers, one-piece Service (APHIS). The Animal and Plant motor homes, and travel trailers, de- Health Inspection Service of the U.S. signed to serve as temporary places of Department of Agriculture. dwelling. Canadian infested area. Any area of United States. All of the States of the Canada listed as a gypsy moth infested United States, the District of Colum- area in § 319.77–3 of this subpart. bia, Guam, the Northern Mariana Is- Canadian noninfested area. Any area lands, Puerto Rico, the Virgin Islands of Canada that is not listed as a gypsy of the United States, and all other ter- moth infested area in § 319.77–3 of this ritories and possessions of the United subpart. States. Certification of origin. A signed, accu- U.S. infested area. Any area of the rate statement certifying the area in United States listed as a gypsy moth which a regulated article was produced generally infested area in § 301.45–3 of or grown. The statement may be pro- this chapter. vided directly on the shipping docu- U.S. noninfested area. Any area of the ments accompanying shipments of United States that is not listed as a commercial wood products from Can- gypsy moth generally infested area in ada, or may be provided on a separate § 301.45–3 of this chapter. certificate. [64 FR 45866, Aug. 23, 1999, as amended at 65 Gypsy moth. The insect known as the FR 38175, June 20, 2000] gypsy moth, Lymantria dispar (Lin- naeus), in any stage of development. § 319.77–2 Regulated articles. Import (imported, importation). To bring or move into the territorial lim- In order to prevent the spread of its of the United States. gypsy moth from Canada into non- Mobile home. Any vehicle, other than infested areas of the United States, the a recreational vehicle, designed to gypsy moth host materials listed in serve, when parked, as a dwelling or paragraphs (a) through (g) of this sec- place of business. tion are designated as regulated arti- Outdoor household articles. Articles cles. Regulated articles may be im- associated with a household that are ported into the United States from generally kept or used outside the Canada only under the conditions de- home. Examples of outdoor household scribed in § 319.77–4 of this subpart. articles are awnings, barbeque grills, (a) Trees without roots (e.g., Christ- bicycles, boats, dog houses, firewood, mas trees), unless they were green- garden tools, hauling trailers, outdoor house-grown throughout the year; furniture and toys, recreational vehi- (b) Trees with roots, unless they were cles and their associated equipment, greenhouse-grown throughout the year; and tents. (c) Shrubs with roots and persistent Phytosanitary certificate. A document woody stems, unless they were green- issued by an official authorized by the house-grown throughout the year; national government of Canada that (d) Logs with bark attached; contains a description of the regulated (e) Pulpwood with bark attached; article intended for importation into (f) Outdoor household articles; and the United States and that certifies (g) Mobile homes and their associ- that the article has been thoroughly ated equipment. inspected or treated, is believed to be free from plant pests, and is otherwise § 319.77–3 Gypsy moth infested areas believed to be eligible for importation in Canada. pursuant to the current phytosanitary The following areas in Canada are laws and regulations of the United known to be infested with gypsy moth:

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(a) Province of New Brunswick. (1) the seashore from Cole Harbour to the Charlotte County. That portion of Char- point of beginning. lotte County that includes the fol- (4) Hants County. The area of the lowing parishes: Campobello Island, county bounded by a line beginning at Dumbarton, Dufferin, Grand Manan Is- the intersection of the Hants/Kings land, St. Andrews, St. Croix, St. David, County border and the shoreline of the St. George, St. James, St. Patrick, and Minas Basin; then southwest along the St. Stephen. Hants/Kings County border to the (2) Kings County. That portion of Hants/Lunenburg County border; then Kings County that includes the fol- southeast along the Hants/Lunenburg lowing parishes: Greenwich, Kars, and County border to the Hants/Halifax Springfield. County border; then east along the (3) Queens County. (i) That portion of Hants/Halifax County border to route Queens County that includes the fol- 354; then north along route 354 to the lowing parishes: Canning, Cambridge, Minas Basin; then west along the Gagetown, Johnston, and Wickham; shoreline of the Minas Basin to the and point of beginning. (ii) That portion of Chipman Parish (5) Kings County. The entire county. south or west of highway 10; and (6) Lunenberg County. The entire (iii) That portion of Waterborough county. Parish west of highway 10 and south of (7) Queens County. The entire county. highway 2. (8) Shelburne County. The entire coun- (4) Sunbury County. That portion of ty. Sunbury County that includes the fol- (9) Yarmouth County. The entire coun- lowing parishes: Blissville, Burton, ty. Gladstone, Lincoln, and Sheffield. (c) Province of Ontario. (1) That por- (5) York County. (i) That portion of tion of the Province of Ontario that in- York County that includes the City of cludes the following counties and re- Fredericton and the following parishes: gional municipalities: Brant, Bruce, North Lake and McAdam; and Dufferin, Durham, Elgin, Essex, (ii) That portion of Queensbury par- Frontenac, Grey, Haldimand-Norfolk, ish south and east of the Scotch Lake Haliburton, Halton, Hamilton-Went- Road beginning in the west at Bear Is- worth, Hastings, Huron, Kent, land on the St. John River and ending Lambton, Lanark, Leeds-Granville, at the Parish border on the east. Lennox-Addington, Middlesex, (b) Province of Nova Scotia. (1) Annap- Muskoka, Niagara, Northumberland, olis County. The entire county. Ottawa-Carleton, Oxford, Parry Sound, (2) Digby County. The entire county. Peel, Perth, Peterborough, Prescott- (3) Halifax County. The area of the Russell, Prince Edward, Renfrew, county bounded by a line beginning at Simcoe, Stormont-Dundas-Glengarry, the intersection of the Halifax/ Victoria, Waterloo, Wellington, and Lunenburg County border and the At- York; and lantic Ocean; then north along the (2) That portion of Algoma District Halifax/Lunenburg County border to that includes the City of Sault Ste. the Halifax/Hants County border; then Marie and the following townships: east along the Halifax/Hants County Bright, Bright Additional, Cobden, border to route 354; then south along Denis, Garden River First Nation, In- route 354 to route 568 (Beaverbank- dian Reserve #7, Johnson, Korah, Windsor Junction Road); then east Laird, Lefroy, Lewis, Long, Mac- along route 568 (Beaverbank-Windsor Donald, Parke, Plummer Additional, Junction Road) to route 416 (Fall River Prince, Tarbutt, Tarbutt Additional, Road); then east and north along route Tarentorus, Thessalon, Thompson, 416 (Fall River Road) to route 2; then Shedden, Spragge, and Striker; and south along route 2 to route 102/118; (3) That portion of Algoma District then south along route 118 to route 107; south of Highway 17 and east of the then south along route 107 to route 7; City of Sault Ste. Marie; and then east along route 7 to route 328; (4) That portion of Manitoulin Dis- then south along route 328 to the shore- trict that includes: Cockburn Island, line of Cole Harbour; then west along Great Cloche Island, Manitoulin Island,

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St. Joseph Island, and all Indian Re- Brownsburg, Calumet, Carillon, Chat- serves; and ham, Grenville, Lachute, Saint-Andre´- (5) That portion of Nipissing District d’Argenteuil, and Saint-Andre´-Est; and that includes the City of North Bay; (4) That portion of the regional coun- and ty municipality of Communaute´ (6) That portion of Nipissing District Urbaine De Que´bec that includes the south of the Ottawa and Mattawa riv- following municipalities: Cap-Rouge, ers; and L’Ancienne-Lorette, Que´bec, Saint- (7) That portion of Nipissing District Augustin-de-Desmaures, Sainte-Foy, south of highway 17 and west of the Sillery, and Vanier; and City of North Bay; and (5) That portion of the regional coun- (8) That portion of Sudbury District ty municipality of La Valle´e-de-la- that includes the City of Sudbury and Gatineau that includes the following the townships of Baldwin, Dryden, municipalities: Denholm, Gracefield, Dunlop, Graham, Hallam, Hymen, In- Kazabazua, Lac-Sainte-Marie, Low, dian Reserves #4, #5, and #6, Lorne, Northfield, and Wright; and Louise; May, McKim, Nairn, Neelon, (6) That portion of the regional coun- Porter, Salter, Shakespeare, Victoria, ty municipality of Le Centre-de-la- and Waters; and Mauricie that includes the following (9) That portion of the Sudbury Dis- municipalities: Charette, Notre-Dame- trict south of Highway 17. du-Mont-Carmel, Sainte-Elie, (d) Province of Quebec. (1) That por- Shawinigan, and Shawinigan (Sud); and tion of the Province of Quebec that in- (7) That portion of the regional coun- cludes the following regional county ty municipality of Les Laurentides municipalities: Acton, Arthabaska, As- that includes the following munici- bestos, Beauce-Sartigan, Beauharnois- pality: La Conception; and Salaberry, Be´cancour, Bellechasse, (8) That portion of the regional coun- Brome-Missisquoi, Champlain, ty municipality of Les Pays-d’en-Haut Coaticook, Communaute´ Urbaine de that includes the following munici- Montre´al, Communaute´ Urbaine de pality: Mont-Rolland; and L’Outaouais, D’Autray, Desjardins, (9) That portion of the regional coun- Deux-Montagnes, Drummond, ty municipality of Maskinonge´ that in- Francheville, Joliette, L’Amiante, cludes the following municipalities: L’Assomption, L’E´ rable, L’ıˆle- Louiseville, Maskinonge´, Saint-Joseph- d’Orle´ans, Lajemmerais, Laval, La de-Maskinonge´, Saint-Barnabe´, Saint- Nouvelle-Beauce, La Rivie`re-du-Nord, Se´ve`re, Saint-Le´on-le-Grand, Saint- La Valle´e-du-Richelieu, Le Bas- Paulin, Sainte-Ursule, Saint-Justin, Richelieu, Le Granit, Le Haut- Saint-e´douard-de-Maskinonge´, Sainte- Richelieu, Le Haut-Saint-Francois, Le Ange`le-de-Pre´mont, and Yamachiche; Haut-Saint-Laurent, Le Haute- and Yamaska, Le Val-Saint-Francois, Les (10) That portion of the regional Chutes-de-la-Chaudire, Les Collines-de- county municipality of Matawinie that L’Outaouais, Les Etchemins, Les includes the following municipalities: Jardins-de-Napierville, Les Saint-Fe´lix-de-Valois, Saint-Jean-de- Maskoutains, Les Moulins, Lotbinie`re, Matha, Rawdon, and Chertsey; and Memphre´magog, Mirabel, Montcalm, (11) That portion of the regional Montmagny, Nicolet-Yamaska, Robert- county municipality of Papineau that Cliche, Roussillon, Rouville, includes the following municipalities: Sherbrooke, Therese-de Blainville, and Fassett, Lochaber, Lochaber-Partie- Vaudreuil-Soulanges; and Ouest, Mayo, Montebello, Montpellier, (2) That portion of the regional coun- Mulgrave-et-Derry, Notre-Dame-de- ty municipality of Antoine-Llabelle Bon-Secours-Partie-Nord, that includes the following municipali- Papineauville, Plaisance, Ripon (Vil- ties: Notre-Dame-du-Laus, Notre- lage et Canton), Saint-Andre´-Avellin Dame-de-Pontmain, and Saint-Aime´- (Village et Paroise), Sainte-Ange´lique, du-Lac-des-Iles; and Saint-Sixte, and Thurso; and (3) That portion of the regional coun- (12) That portion of the regional ty municipality of Argenteuil that in- county municipality of Pontiac that cludes the following municipalities: includes the following municipalities:

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Bristol, Shawville, Clarendon, Portage- (i) If the trees or shrubs originated in du-Fort, Bryson, Campbell’s Bay, a Canadian infested area, they must be Grand-Calumet, Litchfield, Thorne, accompanied by an officially endorsed Alleyn-et-Cawood, Leslie-Clapham-et- Canadian phytosanitary certificate Huddersfield, Fort-Coulonge, Mans- that includes an additional declaration field-et-Pontefract, Waltham-et- confirming that the trees or shrubs Bryson, L’Isle-aux-Allumettes-Partie- have been inspected and found free of Est, Chapeau, L’Isle-aux-Allumettes, gypsy moth or that the trees or shrubs Chichester, Sheen-Esher-Aberdeen-et- have been treated for gypsy moth in Malakoff, and Rapides-des-Joachims; accordance with the PlantProtection and and Quarantine Treatment Manual, (13) That portion of the regional which is incorporated by reference at county municipality of Portneuf that § 300.1 of this chapter. includes the following municipalities: (ii) If the trees or shrubs originated Cap-Sante´, Deschambault, Donnacona, in a Canadian noninfested area, they Grondines, Neuville, and Pointe-aux- must be accompanied by a certification Trembles. of origin stating that they were pro- duced in an area of Canada where [65 FR 38175, June 20, 2000, as amended at 67 FR 59453, Sept. 23, 2002] gypsy moth is not known to occur. (b) Logs and pulpwood with bark at- § 319.77–4 Conditions for the importa- tached.2 (1) Logs or pulpwood with bark tion of regulated articles. attached that are destined for a U.S. infested area and that will not be (a) Trees and shrubs.1 (1) Trees with- out roots (e.g., Christmas trees), trees moved through any U.S. noninfested with roots, and shrubs with roots and area other than noninfested areas in persistent woody stems may be im- the counties of Aroostock, Franklin, ported into the United States from any Oxford, Piscataquis, Penobscot, and area of Canada without restriction Somerset, ME (i.e., areas in those coun- under this subpart if they: ties that are not listed in 7 CFR 301.45– 3) may be imported from any area of (i) Were greenhouse-grown through- out the year; Canada without restriction under this subpart. (ii) Are destined for a U.S. infested area and will not be moved through (2) Logs or pulpwood with bark at- any U.S. noninfested areas; or tached that are destined for a U.S. non- infested area or will be moved through (iii) Are Christmas trees destined for a U.S. noninfested area may be im- a U.S. infested area and will not be ported into the United States from moved through any U.S. noninfested Canada only under the following condi- areas other than noninfested areas in tions: the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and (i) If the logs or pulpwood originated Somerset, ME (i.e., areas in those coun- in a Canadian infested area, they must ties that are not listed in 7 CFR 301.45– be either: 3). (A) Accompanied by an officially en- (2) Trees without roots (e.g., Christ- dorsed Canadian phytosanitary certifi- mas trees), trees with roots, and shrubs cate that includes an additional dec- with roots and persistent woody stems laration confirming that they have that are destined for a U.S. noninfested been inspected and found free of gypsy area or will be moved through a U.S. moth or that they have been treated noninfested area may be imported into for gypsy moth in accordance with the the United States from Canada only Plant Protection and Quarantine under the following conditions: TreatmentManual, which is incor- porated by reference at § 300.1 of this chapter; or 1 Trees and shrubs from Canada that are capable of propagation may be subject to ad- ditional restrictions under ‘‘Subpart—Nurs- 2 Logs from Canada are also subject to re- ery Stock, Plants, Roots, Seeds, and Other strictions under ‘‘Subpart—Logs, Lumber, Plant Products’’ (§§ 319.37 through 319.37–14 of and Other Unmanufactured Wood Articles’’ this part). (§§ 319.40 through 319.40–11 of this part).

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(B) Destined for a specified U.S. proc- 414 of the Plant Protection Act (7 essing plant or mill under compliance U.S.C. 7714). agreement with the Animal and Plant [64 FR 45866, Aug. 23, 1999, as amended at 66 Health Inspection Service for specified FR 21057, Apr. 27, 2001] handling or processing. (ii) If the logs or pulpwood originated PART 322—HONEYBEES AND in a Canadian noninfested area, they HONEYBEE SEMEN must be accompanied by a certification of origin stating that they were pro- Sec. duced in an area of Canada where 322.1 Importation of honeybees and hon- gypsy moth is not known to occur. eybee semen. (c) Outdoor household articles and mo- 322.2 Definitions. 322.3 Permits. bile homes and their associated equip- 322.4 Inspections. ment. (1) Outdoor household articles 322.5 Marking and shipping. and mobile homes and their associated 322.6 Arrival notification. equipment that are destined for a U.S. 322.7 Costs and charges. infested area and will not be moved 322.8 Ports of entry. through any U.S. noninfested areas AUTHORITY: 7 U.S.C. 281; 7 CFR 2.22, 2.80, may be imported from any area in Can- and 371.3. ada without restriction under this sub- SOURCE: 50 FR 25689, June 21, 1985, unless part. otherwise noted. (2) Outdoor household articles and § 322.1 Importation of honeybees and mobile homes and their associated honeybee semen. equipment that are being moved from a Canadian noninfested area may be im- (a) No persons may import honeybees or honeybee semen, except as otherwise ported into any area of the United provided in this part. States without restriction under this (b) Honeybees or honeybee semen subpart. from Canada may be imported into the (3) Outdoor household articles and United States without any further re- mobile homes and their associated strictions under this part. equipment that are being moved from a (c) Honeybee semen from any coun- Canadian infested area into a U.S. non- try listed below is designated as a re- infested area, or that will be moved stricted article and may be imported through a U.S. noninfested area, may only in accordance with the provisions be imported into the United States in this part. only if they are accompanied by a Australia statement, signed by their owner, stat- Bermuda ing that they have been inspected and France found free of gypsy moth. Great Britain Sweden (Approved by the Office of Management and Budget under control number 0579–0142) (d) Honeybees from any country or locality other than Canada, may be im- [64 FR 45866, Aug. 23, 1999, as amended at 65 ported without complying with other FR 38176, June 20, 2000] provisions of this part if: (1) Imported by the U.S. Department § 319.77–5 Disposition of regulated ar- of Agriculture for experimental or sci- ticles denied entry. entific purposes; Any regulated article that is denied (2) Imported at the Plant Germplasm entry into the United States because it Quarantine Center, Building 320, Belts- does not meet the requirements of this ville Agricultural Research Center subpart must be promptly safeguarded East, Beltsville MD 20705, or at a port or removed from the United States. If of entry designated by an asterisk in the article is not promptly safeguarded § 319.37–14(b); or removed from the United States, it (3) Imported pursuant to a depart- may be seized, destroyed, or otherwise mental permit issued for such honey- disposed of in accordance with section bees and kept on file at the port of entry;

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