Animal and Health Inspection Service, USDA § 319.74–2

§ 319.74–2 Conditions governing the sible for all costs incurred. Cut flowers entry of cut flowers. that have been cleaned or treated must (a) Inspection. All cut flowers im- be made available for further inspec- ported into the United States must be tion, cleaning, and treatment at the made available to an inspector for ex- option of the inspector at any time and amination at the port of first arrival place indicated by the inspector before and must remain at the port of first ar- the requirements of this subpart will rival until released, or authorized fur- have been met. Neither the Depart- ther movement, by an inspector. ment of Agriculture nor the inspector (b) Actions to prevent the introduction may be held responsible for any ad- of plant pests; notice by an inspector. If verse effects of treatment on imported an inspector orders any disinfection, cut flowers. cleaning, treatment, reexportation, or (c) Fumigation for agromyzids. Cut other action with regard to imported flowers imported from any country or cut flowers that are found to be in- locality and found upon inspection to fested with injurious plant pests or in- be infested with agromyzids (insects of fected with diseases, the inspector will the family Agromyzidae) must be fumi- provide an emergency action notifica- gated at the time of importation with tion (PPQ Form 523) to the importer, methyl bromide in accordance with owner, or agent or representative of part 305 of this chapter, with the fol- the importer or owner of the cut flow- lowing exceptions: ers. The importer, owner, or agent or (1) Fumigation will not be required representative of the importer or for cut flowers imported from Canada owner must, within the time specified (including Labrador and Newfoundland) in the PPQ Form 523 and at his or her or Mexico because of the finding of own expense, destroy the cut flowers, ship them to a point outside the United agromyzids. States, move them to an authorized (2) Fumigation will not be required site, and/or apply treatments, clean, or for cut flowers of Chrysanthemum spp. apply other safeguards to the cut flow- imported from Colombia or the Domin- ers as prescribed by the inspector on ican Republic because of the finding of the PPQ Form 523. Further, if the im- agromyzids, when such agromyzids are porter, owner, or agent or representa- identified by an inspector to be only tive of the importer or owner fails to agromyzids of the species Liriomyza follow the conditions on PPQ Form 523 trifolii (Burgess). by the time specified on the form, (d) Chrysanthemum white rust hosts. (1) APHIS will arrange for destruction of The following Chrysanthemum, the cut flowers, and the importer, Leucanthemella, and Nipponanthemum owner, or agent or representative of spp. are considered to be hosts of the importer or owner will be respon- chrysanthemum white rust:

Accepted name of susceptible spe- cies Synonyms Common name

Chrysanthemum arcticum L...... Arctanthemum arcticum (L.) Tzvelev and Arctic chrysanthemum and arctic Dendranthema arcticum (L.) Tzvelev. daisy. Chrysanthemum boreale (Makino) Chrysanthemum indicum L. var. boreale Makino and Makino. Dendranthema boreale (Makino) Ling ex Kitam. Chrysanthemum indicum L...... Dendranthema indicum (L.) Des Moul. Chrysanthemum japonense Nakai .. Dendranthema japonense (Nakai) Kitam. and Nojigiku. Dendranthema occidentali-japonense Kitam. Chrysanthemum japonicum Makino Chrysanthemum makinoi Matsum. & Nakai and Ryuno-giku. Dendranthema japonicum (Makino) Kitam. Chrysanthemum×morifolium Ramat Anthemis grandiflorum Ramat., Anthemis stipulacea Florist’s chrysanthemum, chrysan- Moench, Chrysanthemum sinense Sabine ex themum, and mum. Sweet, Chrysanthemum stipulaceum (Moench) W. Wight, Dendranthema×grandiflorum (Ramat.) Kitam., Dendranthema×morifolium (Ramat.) Tzvelev, and Matricaria morifolia Ramat. Chrysanthemum pacificum Nakai ... Ajania pacifica (Nakai) K. Bremer & Humphries and Iso-giku. Dendranthema pacificum (Nakai) Kitam. Chrysanthemum shiwogiku Kitam .. Ajania shiwogiku (Kitam.) K. Bremer & Humphries Shio-giku. and Dendranthema shiwogiku (Kitam.) Kitam. Chrysanthemum yoshinaganthum Dendranthema yoshinaganthum (Makino ex Kitam.) Makino ex Kitam. Kitam.

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Accepted name of susceptible spe- cies Synonyms Common name

Chrysanthemum zawadskii Herbich Chrysanthemum arcticum subsp. maekawanum subsp. yezoense (Maek.) Y. N. Kitam, Chrysanthemum arcticum var. yezoense Lee. Maek. [basionym], Chrysanthemum yezoense Maek. [basionym], Dendranthema yezoense (F. Maek.) D. J. N. Hind, and Leucanthemum yezoense (Maek.) a´. Lo¨ve & D. Lo¨ve. Chrysanthemum zawadskii Herbich Chrysanthemum sibiricum Turcz. ex DC., nom. subsp. zawadskii. inval., Dendranthema zawadskii (Herbich) Tzvelev, and Dendranthema zawadskii var. zawadskii. (L.) Chrysanthemum serotinum L., Chrysanthemum Giant daisy or high daisy. Tzvelev. uliginosum (Waldst. & Kit. ex Willd.) Pers., and Py- rethrum uliginosum (Waldst. & Kit. ex Willd.). Nipponanthemum nipponicum Chrysanthemum nipponicum (Franch. ex Maxim.) Nippon daisy or Nippon-chrysan- (Franch. ex Maxim.) Kitam. Matsum. and Leucanthemum nipponicum Franch. themum. ex Maxim.

(2) Chrysanthemum white rust is con- that contains an additional declaration sidered to exist in the following re- stating that the place of production as gions: Andorra, Argentina, Australia, well as the consignment have been in- , , spected and found free of Puccinia Brazil, Brunei, Canary Islands, Chile, horiana. , Colombia, Croatia, Ecuador, (iii) Box labels and other documents Iceland, , , Liechtenstein, accompanying shipments of cut flowers Macedonia, Malaysia, Mexico, must be marked with the identity of Moldova, Monaco, New Zealand, Nor- the registered production site. way, Peru, Republic of South Africa, (iv) APHIS-authorized inspectors , San Marino, , Tai- must also be allowed access to produc- wan, Thailand, Tunisia, , Uru- tion sites and other areas necessary to guay, Venezuela, Yugoslavia; the Euro- monitor the chrysanthemum white pean Union (Austria, Belgium, Bul- rust-free status of the production sites. garia, Cyprus, , Den- (4) Cut flowers not meeting these mark, Estonia, Finland, , Ger- conditions will be refused entry into many, Greece, , Ireland, Italy, the United States. The detection of Latvia, Lithuania, Luxembourg, Malta, chrysanthemum white rust in a ship- Netherlands, , Portugal, Roma- ment of cut flowers from a registered nia, Slovakia, Slovenia, Spain, Sweden, production site upon arrival in the and ); and all coun- United States will result in the prohi- tries, territories, and possessions of bition of imports originating from the countries located in part or entirely production site until such time when between 90° and 180° East longitude. APHIS and the NPPO of the exporting (3) Cut flowers of any species listed in country, can agree that the eradication paragraph (d)(1) of this section may be measures taken have been effective and imported into the United States from that the pest risk within the produc- any region listed in paragraph (d)(2) of tion site has been eliminated. this section only under the following (e) Irradiation. Cut flowers and foli- conditions: age that are required under this part to (i) The flowers must be grown in a be treated or subjected to inspection to production site that is registered with control one or more of the plant pests the national plant protection organiza- for which irradiation is an approved tion (NPPO) of the country in which treatment under part 305 of this chap- the production site is located or with ter may instead be treated with irra- the NPPO’s designee, and the NPPO or diation. Irradiation treatment must be its designee must provide a list of reg- conducted in accordance with the re- istered sites to APHIS. quirements of part 305 of this chapter. (ii) Each shipment of cut flowers There is a possibility that some cut must be accompanied by a flowers could be damaged by such irra- phytosanitary certificate or equivalent diation. documentation, issued by the NPPO of (f) Refusal of entry. If an inspector the country of origin or its designee, finds that imported cut flowers are so

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infested with a plant pest or infected ments of this subpart shall be promptly with disease that, in the judgment of removed from the United States or the inspector, they cannot be cleaned abandoned by the importer, and pend- or treated, or if they contain soil or ing such action shall be subject to the other prohibited contaminants, the en- immediate application of such safe- tire lot may be refused entry into the guards against escape of plant pests as United States. the inspector determines necessary to prevent the introduction into the (Approved by the Office of Management and Budget under control number 0579–0271) United States of plant pests. If the ar- ticle is not promptly safeguarded, re- [64 FR 38110, July 15, 1999, as amended at 71 moved from the United States, or aban- FR 4464, Jan. 27, 2006; 72 FR 15811, Apr. 3, doned by the importer for destruction, 2007; 75 FR 4253, Jan. 26, 2010] it may be seized, destroyed, or other- § 319.74–3 Importations by the Depart- wise disposed of in accordance with ment. section 414 of the Plant Protection Act The U.S. Department of Agriculture (7 U.S.C. 7714). may import cut flowers for experi- (c) A restricted article may be im- mental or scientific purposes under ported without complying with other such conditions and restrictions as the restrictions under this subpart if: Administrator may prescribe to pre- (1) Imported by the U.S. Department vent the dissemination of plant pests. of Agriculture for experimental or sci- entific purposes; § 319.74–4 Costs and charges. (2) Imported at the National Plant Germplasm Inspection Station, Build- The Animal and Plant Health Inspec- ing 580, Beltsville Agricultural Re- tion Service, U.S. Department of Agri- culture, will be responsible only for the search Center East, Beltsville, MD costs of providing the services of an in- 20705, or through any USDA plant in- spector during regularly assigned hours spection station listed in § 319.37–14; of duty and at the usual places of duty (3) Imported pursuant to a Depart- (provisions relating to costs for other mental permit issued for such article services of an inspector are contained and kept on file at the port of entry; in 7 CFR part 354). The importer, (4) Imported under conditions speci- owner, or agent or representative of fied on the Departmental permit and the importer or owner of cut flowers is found by the Deputy Administrator to responsible for all additional costs of be adequate to prevent the introduc- inspection, treatment, movement, stor- tion into the United States of plant age, or destruction ordered by an in- pests, i.e., conditions of treatment, spector under this subpart, including processing, growing, shipment, dis- the costs of any labor, chemicals, pack- posal; and ing materials, or other supplies re- (5) Imported with a Departmental tag quired. or label securely attached to the out- side of the container containing the ar- ticle or securely attached to the article Subpart—Khapra Beetle itself if not in a container, and with § 319.75 Restrictions on importation of such tag or label bearing a Depart- restricted articles; disposal of arti- mental permit number corresponding cles refused importation. to the number of the Departmental (a) The Secretary has determined permit issued for such article. that in order to prevent the entry into [46 FR 38334, July 27, 1981, as amended at 47 the United States of khapra beetle FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, (Trogoderma granarium Everts) it is nec- 2001; 72 FR 43523, Aug. 6, 2007] essary to restrict the importation of certain articles from foreign countries § 319.75–1 Definitions. and localities. Accordingly, no person Terms used in the singular form in shall import any restricted article un- this subpart shall be construed as the less in conformity with all of the appli- plural, and vice-versa, as the case may cable restrictions in this subpart. demand. The following terms, when (b) Any article refused importation used in this subpart, shall be con- for noncompliance with the require- strued, respectively, to mean:

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