Thursday, April 27, 2006

Part IV

Department of Agriculture Animal and Plant Health Inspection Service

7 CFR Parts 305, 319, and 352 Revision of Fruits and Vegetables Import Regulations; Proposed Rule

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DEPARTMENT OF AGRICULTURE changes would not alter the manner in FOR FURTHER INFORMATION CONTACT: which the risk associated with a Regarding the proposed commodity Animal and Plant Health Inspection commodity import request is evaluated, import request evaluation process, Service nor would it alter the manner in which contact Mr. Matthew Rhoads, Planning, those risks are ultimately mitigated. Analysis, and Regulatory Coordination, 7 CFR Parts 305, 319, and 352 DATES: We will consider all comments PPQ, APHIS, 4700 River Road, Unit 141, [Docket No. APHIS–2005–0106] that we receive on or before July 26, Riverdale, MD 20737; (301) 734–8790. 2006. We will also consider comments Regarding import conditions for RIN 0579–AB80 made at public hearings to be held in particular commodities, contact Ms. Seattle, WA, on May 23, 2006; in Los Donna L. West, Senior Import Revision of Fruits and Vegetables Specialist, Commodity Import Analysis Import Regulations Angeles, CA, on May 24, 2006; in Miami, FL, on May 26, 2006; and in and Operations, PPQ–PRI, APHIS, 4700 River Road, Unit 133, Riverdale, MD AGENCY: Animal and Plant Health Washington, DC, on June 20, 2006. 20737; (301) 734–8758. Inspection Service, USDA. ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: ACTION: Proposed rule and notice of by either of the following methods: public hearings. • Federal eRulemaking Portal: Go to Public Hearings http://www.regulations.gov and, in the We are advising the public that we are SUMMARY: We are proposing to revise ‘‘Search for Open Regulations’’ box, hosting four public hearings on this and reorganize the regulations select ‘‘Animal and Plant Health proposed rule. The first public hearing pertaining to the importation of fruits Inspection Service’’ from the agency will be held in Seattle, WA, on Tuesday, and vegetables to consolidate drop-down menu, then click on May 23, 2006 from 9 a.m. to 1 p.m., requirements of general applicability ‘‘Submit.’’ In the Docket ID column, local time. The second public hearing and eliminate redundant requirements, select APHIS–2005–0106 to submit or will be held in Los Angeles, CA, on update terms and remove outdated view public comments and to view Wednesday, May 24, 2006, from 1 p.m. requirements and references, update the supporting and related materials to 5 p.m., local time. The third public regulations that apply to importations available electronically. After the close hearing will be held in Miami, FL, on into territories under U.S. of the comment period, the docket can Friday, May 26, 2006, from 9 a.m. to 1 administration, and make various be viewed using the ‘‘Advanced Search’’ p.m., local time. The fourth public editorial and nonsubstantive changes to function in Regulations.gov. hearing will be held in Washington, DC, • regulations to make them easier to use. Postal Mail/Commercial Delivery: on June 20, 2006, from 9 a.m. to 1 p.m., We are also proposing to make Please send four copies of your local time. substantive changes to the regulations, comment (an original and three copies) A representative of the Animal and including: Establishing criteria within to Docket No. APHIS–2005–0106, Plant Health Inspection Service will the regulations that, if met, would allow Regulatory Analysis and Development, preside at the public hearings. Any us to approve certain new fruits and PPD, APHIS, Station 3A–03.8, 4700 interested person may appear and be vegetables for importation into the River Road, Unit 118, Riverdale, MD heard in person, by attorney, or by other United States and to acknowledge pest- 20737–1238. Please state that your representative. Written statements may free areas in foreign countries more comment refers to Docket No. APHIS– be submitted and will be made part of effectively and expeditiously; doing 2005–0106. the hearing record. A transcript of the away with the practice of listing specific Public Hearings: Public hearings public hearings will be placed in the commodities that may be imported regarding this rule will be held at the rulemaking record and will be available subject to certain types of phytosanitary following locations: for public inspection. measures; and providing for the 1. Seattle, WA: Seattle Renaissance The purpose of the hearings is to give issuance of special use permits for fruits Hotel, 515 Madison Street, Seattle, WA. interested persons an opportunity for and vegetables. These changes are 2. Los Angeles, CA: The Westin Los presentation of data, views, and intended to simplify and expedite our Angeles Airport, 5400 West Century arguments. Questions about the content processes for approving certain new Boulevard, Los Angeles, CA. of the proposed rule may be part of the imports and pest-free areas while 3. Miami, FL: Hilton Miami Airport, commenters’ oral presentations. continuing to allow for public 5101 Blue Lagoon Drive, Miami, FL. However, neither the presiding officer participation in the processes. This 4. Washington, DC: USDA Jamie L. nor any other representative of APHIS proposal, if adopted, would represent a Whitten Building, 1400 Independence will respond to comments at the significant structural revision of the Avenue, SW., Washington, DC. hearings, except to clarify or explain fruits and vegetables import regulations Reading Room: You may read any provisions of the proposed rule. and would establish a new process for comments that we receive on this The presiding officer may limit the approving certain new commodities for docket in our reading room. The reading time for each presentation so that all importation into the United States. It room is located in room 1141 of the interested persons appearing at each would not, however, allow the USDA South Building, 14th Street and hearing have an opportunity to importation of any specific new fruits or Independence Avenue, SW., participate. Each hearing may be vegetables, nor would it alter the Washington, DC. Normal reading room terminated at any time if all persons conditions for importing currently hours are 8 a.m. to 4:30 p.m., Monday desiring to speak and that are present in approved fruits or vegetables except as through Friday, except holidays. To be the hearing room have been heard. specifically described in this document. sure someone is there to help you, Registration for the hearings may be To the extent to which trading partners please call (202) 690–2817 before accomplished by registering with the consider the time it takes to conduct the coming. presiding officer 30 minutes prior to the rulemaking process a trade barrier, by Other Information: Additional scheduled start of each hearing. Persons reducing that time, these proposed information about APHIS and its who wish to speak at a hearing will be changes may facilitate the export of U.S. programs is available on the Internet at asked to sign in with their name and agricultural commodities. The proposed http://www.aphis.usda.gov. organization to establish a record for the

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hearing. We ask that anyone who reads process of listing, in the regulations, Other commodities must always be a statement provide two copies to the specific commodities that may be treated for pests before arriving at a U.S. presiding officer at the hearing. imported subject to certain types of port of entry, in addition to meeting Persons wishing to speak at one or phytosanitary measures; and (3) these universal requirements. A partial both of the public hearings may register providing for the issuance of special use list of such commodities may be found in advance by phone or e-mail. Persons permits for fruits and vegetables. These in § 319.56–2x of the current wishing to register by phone should call changes are necessary to simplify and regulations.2 Certain other fruits and the Regulatory Analysis and expedite the APHIS processes for vegetables must meet additional Development voice mail at (301) 734– approving new imports and pest-free requirements (in some cases, called 8138. Callers must leave a message areas while continuing to allow for ‘‘systems approaches’’) to be eligible for clearly stating (1) the location of the public participation in the process. This importation into the United States. Such hearing the registrant wishes to speak at, proposal, if adopted, would represent a measures include sampling regimens, and (2) the registrant’s name and significant structural revision of the pest surveys, packing requirements, and organization. Persons wishing to register regulations, and would establish a new other measures determined to be by e-mail must send an e-mail with the process for approving certain new necessary to mitigate the pest risk posed same information described above to commodities for importation into the by the particular commodity. http://ppq.public.hearings@ United States. It would not, however, Requirements for importing these aphis.usda.gov. Please write the allow the importation of any specific commodities may be found in location of the hearing you wish to new fruits or vegetables, nor would it §§ 319.56–2a through 319.56–2oo. attend in the subject line. Advance alter the conditions for importing Proposed Revisions registration for the hearings must be currently approved fruits or vegetables received by 3 p.m. on the day prior to except as specifically described in this Reorganization of the Regulations and the hearing you wish to attend. document. Consolidation of Similar Provisions Additional information on the hearings, The Current Regulations In this document, we are proposing to including parking information, can be reorganize the regulations to make them found on the Internet at http:// Currently, the regulations prohibit the easier to understand and use. www.aphis.usda.gov/ppq/Q56. importation into the United States of Specifically, we are proposing to If you require special fruits and vegetables covered by the consolidate all requirements of general accommodations, such as a sign subpart,1 unless the regulations applicability into one section (proposed language interpreter, please contact the specifically allow the importation of the § 319.56–3, ‘‘General requirements for person listed under FOR FURTHER particular fruit or vegetable. all imported fruits and vegetables’’). INFORMATION CONTACT. The regulations can be roughly Currently, general requirements are Background divided into two categories: located in various sections (§§ 319.56 Requirements of general applicability through 319.56–2 and 319.56–3 through Under the regulations in ‘‘Subpart— (contained in §§ 319.56 through 319.56– 319.56–8) of the regulations, and several Fruits and Vegetables’’ (7 CFR 319.56 2 and §§ 319.56–3 through 319.56–8) such provisions are repeated throughout through 319.56–8, referred to below as and commodity-specific requirements the commodity-specific sections the regulations or the fruits and (contained in §§ 319.56–2a through (§§ 319.56–2a through 319.56–2oo). If vegetables regulations) the Animal and 319.56–2oo). this proposal is adopted, all Plant Health Inspection Service (APHIS) Under the regulations, all approved requirements of general applicability of the U.S. Department of Agriculture fruit and vegetable imports are subject would be located at the beginning of the (USDA or the Department) prohibits or to some type of restriction to ensure that regulations, followed by all commodity- restricts the importation of fruits and the imported fruit or vegetable does not specific requirements, and redundant vegetables into the United States from act as a pathway for the introduction of references to general requirements that certain parts of the world to prevent plant pests or noxious weeds into the are contained in commodity specific plants pests from being introduced into United States. These restrictions are regulations would be removed. and spread within the United States. known as phytosanitary measures, and In order to facilitate review of this In this document, we are proposing to include any activities that have the proposal, which, if adopted, would revise and reorganize the fruits and effect of reducing the plant pest risk relocate all current provisions to new vegetables regulations to consolidate posed by an imported fruit or vegetable. sections within the regulations, we have requirements of general applicability In nearly all cases, more than one prepared a cross-reference table that and eliminate redundant requirements, phytosanitary measure must be applied links the current provisions with the update terms and remove outdated to each type of imported fruit or proposed provisions. The cross requirements and references, update the vegetable for the commodity to be reference document may be viewed on regulations that apply to importations of allowed importation into the United the Regulations.gov Web site (see fruits and vegetables into U.S. States. In the most typical scenario, ADDRESSES above for instructions for territories, and make various editorial fruits and vegetables must be imported accessing Regulations.gov.) and may be and nonsubstantive changes to under permit and are subject to obtained by contacting the person listed regulations to make them easier to use. inspection, and, if necessary, treatment, under FOR FURTHER INFORMATION We are also proposing to make at the port of first arrival in the United CONTACT. The cross reference document substantive changes to the regulations, States. These requirements are referred may also be viewed in our reading room including: (1) Establishing criteria to elsewhere in this document as within the regulations that, if met, universal requirements. A partial list of 2 Some commodities listed in §§ 319.56–2t and would allow APHIS to approve certain commodities that may be imported 319.56–2x require additional phytosanitary new fruits and vegetables for under these conditions may be found in measures beyond requirements that they be importation into the United States and imported under permit and are subject to inspection § 319.56–2t of the current regulations. at the port of first arrival in the United States. Such to acknowledge pest-free areas in requirements include special box markings and foreign countries more effectively and 1 The importation of citrus fruits is regulated phytosanitary certifications by foreign national expeditiously; (2) doing away with the under Subpart—Citrus Fruit (§ 319.28). plant protection organizations.

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(information on the location and hours § 319.56–20 Apples and pears from requirements for certifying facilities and of the reading room is provided under Australia (including Tasmania) and New conducting treatments (see 70 FR the heading ADDRESSES at the beginning Zealand. 33264–33326, Docket No. 02–019–1). of this proposed rule). Further, for ease § 319.56–21 Okra from certain countries. § 319.56–22 Apples and pears from certain Prior to that amendment, treatment of reference, we provide the following countries in Europe. schedules were contained in the Plant outline of the proposed revision: § 319.56–23 Apricots, nectarines, peaches, Protection and Quarantine (PPQ) Requirements of General Applicability plumcot, and plums from Chile. Treatment Manual, which was § 319.56–24 Lettuce and peppers from incorporated by reference into the § 319.56–1 Notice of quarantine. Israel. regulations at 7 CFR 300.1. § 319.56–2 Definitions. § 319.56–25 Papayas from Central America § 319.56–3 General requirements for all and Brazil. The fruits and vegetables regulations imported fruits and vegetables. § 319.56–26 Melon and watermelon from also contain some treatment schedules (a) Freedom from plants and portions of certain countries in South America. for certain imported fruits and plants. § 319.56–27 Fuji variety apples from Japan vegetables. In some cases, the schedules (b) Permit. and the Republic of Korea. are the same as treatments now listed in (c) Ports of entry. § 319.56–28 Tomatoes from certain (d) Inspection, treatment, and other part 305. In other cases, the schedules countries. are somewhat different than the requirements. § 319.56–29 Ya variety pears from China. (e) Costs and charges for APHIS services. § 319.56–30 Hass avocados from treatments specified in part 305. The (f) Responsibility for damages arising from Michoacan, Mexico. discrepancies resulted from changes quarantine actions or procedures. § 319.56–31 Peppers from Spain. being made in the past to the PPQ § 319.56–4 Approval of certain fruits and § 319.56–32 Peppers from New Zealand. Treatment Manual without vegetables for importation. § 319.56–33 Mangoes from the Philippines. corresponding changes being made to (a) Determination by the Administrator. § 319.56–34 Clementines from Spain. the fruits and vegetables regulations. In (b) Designated phytosanitary measures. § 319.56–35 Persimmons from the Republic (c) Fruit and vegetables authorized this document, we are proposing to of Korea. remove treatment schedules from the importation under this section. § 319.56–36 Watermelon, squash, (d) Amendment of import requirements. cucumber, and oriental melon from the fruits and vegetables regulations, as all § 319.56–5 Pest-free areas. Republic of Korea. current treatments for fruits and § 319.56–6 Trust fund agreements. § 319.56–37 Grapes from the Republic of vegetables are correctly set out in part § 319.56–7 Territorial applicability and Korea. 305.3 exceptions. § 319.56–38 Clementines, mandarins, and The table below contains a list of §§ 319.56–8 through 319.56–9[Reserved] tangerines from Chile. treatment schedules currently contained Commodity-Specific Requirements § 319.56–39 Fragrant pears from China. § 319.56–40 Peppers from certain Central in the fruits and vegetables regulations, § 319.56–10 Importation of fruits and American countries. as well as the identification number of vegetables from Canada. appropriate treatment schedule for the § 319.56–11 Importation of dried, cured, or Relocation of Treatment Schedules and given commodity that is currently listed processed fruits, vegetables, nuts, and Other Treatment-related Provisions to in part 305. Again, under this proposal, legumes. Part 305 § 319.56–12 Importation of frozen fruits all treatment schedules contained in the and vegetables. APHIS recently amended the fruits and vegetables regulations would § 319.56–13 Additional requirements for regulations in 7 CFR part 305 by listing be removed, and treatment of affected certain fruits and vegetables. in that part treatment schedules for commodities would have to be §§ 319.56–14 through 319.56–19 [Reserved] imported fruits and vegetables and other conducted in accordance with part 305.

Applicable Commodity Origin Pests Treatment Location of treatment in sub- treatment in type part—fruits and vegetables part 305

Acorns and All except Canada and Mex- Curculio elephas (Cyllenhal) Methyl bro- 319.56–2b(a)(3)(i) and T–101–t–1. chestnuts. ico. and C. nucum Linnaeus; mide normal 319.56–2b(a)(3)(iii). the nut fruit tortrix, et al., atmospheric Cydia splendana (Hubner), pressure Cydia spp., and Hemimene (NAP). juliana (Curtis); and other insect pests of chestnuts and acorns. Acorns and All except Canada and Mex- Same as above ...... Methyl bro- 319.56–2b(a)(3)(ii) ...... T–101–u–1. chestnuts. ico. mide (26″ vacuum). Yams ...... All (except Japan) ...... Internal and external feeders Methy bromide 319.56–21–(a)(2) ...... T–101–f–3. (NAP). Avocados ...... Medfly-, melon fly-, and Ori- Medfly, melon fly (Batcrocera Methyl bro- 319.56–2o ...... T–108–a. ental fruit fly-infested areas. cucurbitae), Oriental fruit mide (NAP) fly (b. dorsalis). and cold treatment. Okra ...... Mexico, West Indies, South Pink bollworm (Pectinophora Methyl bro- 319.56–2p(b)(3) ...... T–101–p–2. America. gossypiella). mide (NAP).

3 The methyl bromide treatment schedule for § 319.56–2z is not longer in use, and would be cherimoyas from Chile that is listed in current removed.

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Applicable Commodity Origin Pests Treatment Location of treatment in sub- treatment in type part—fruits and vegetables part 305

Cherimoya ..... Chile ...... Chilean false spider mite of Methyl bro- 319.56–2z(a)(1) ...... Methyl bro- grapes. mide (NAP), mide: N/A; soapy water soapy water and wax. and wax: T– 102–b. Mangoes ...... Philippines ...... Bactrocera spp. fruit flies ...... Vapor heat ..... 319.56–2ii(b) ...... T–106–d–1.

Also, under § 319.56–2(k) of the certification of treatments,’’ would and vegetables.4 Proposed § 319.56–1 current regulations, treatment by require that all treatments approved would also continue to prohibit the irradiation in accordance with part 305 under part 305 be subject to monitoring importation of fruits and vegetables into may be substituted for other treatments and verification by APHIS. This change the United States, except as provided in in part 305 for one or more of the plant would not represent a change in the fruits and vegetables regulations or pests listed in § 305.31(a). Since the program operations. elsewhere in part 319. proposed regulations would provide Further, we would add provisions to Definitions (Proposed § 319.56–2) that certain commodities be treated in § 305.3 to make clear the existing accordance with an approved treatment requirement that any approved The current list of definitions for listed in part 305 of the regulations, we treatment listed in part 305 that is terms used in the regulations is are proposing to remove the provisions performed outside the United States contained in § 319.56–1. Under this in § 319.56–2(k) regarding the use of must be monitored and certified by proposal, the list would be moved to irradiation, as the use of that treatment APHIS or an official from the plant § 319.56–2. We are proposing to remove, is covered under part 305. protection service of the exporting revise, and relocate definitions for Further, current § 319.56–2n provides country. We would also clarify the several terms currently defined in that fumigation with methyl bromide at current requirement that all § 319.56–1 and elsewhere in the normal atmospheric pressure followed consignments of agricultural regulations, as well as to add several by refrigerated storage in accordance commodities that are treated outside the new definitions. All the new and with part 305 is an approved treatment United States to be accompanied by a revised definitions may be found in for the Medfly, the oriental fruit fly, and phytosanitary certificate issued by an § 319.56–2 in the rule portion of this the grape vine moth, and for certain official of the plant protection service of document. pests of grapes and other fruit from the exporting country certifying that Specifically, we are proposing to add Chile. Since all provisions contained in treatment was applied in accordance definitions for commodity, current § 319.56–2n would remain in with APHIS regulations. We would consignment, lot, national plant force under other sections in the revised require that the phytosanitary certificate protection organization, phytosanitary regulations (as described in the cross be provided to APHIS when the certificate, and phytosanitary measure. reference document), current § 319.56– commodity is offered for entry into the These additional definitions, which will 2n is redundant and would be removed. United States. We would also require clarify the meaning of terms used in In addition to proposing to remove that the commodities must be stored context of the revised regulations, can treatment schedules, we are also and handled during the entire interval be viewed in the rule portion of this proposing to move to part 305 other between treatment and export in a document. provisions of the fruits and vegetables manner that prevents any infestation by We are proposing to remove regulations that pertain to treatments. plant pests and noxious weeds. These definitions for general written permit Specifically, we are proposing to move changes are necessary to ensure and specific written permit. Those to § 305.15 the provisions contained in commodities are treated in accordance definitions would be removed because current § 319.56–2d, which pertain to with APHIS requirements and to help the distinction between the two would the importation of cold treated fruits ensure that they arrive in the United no longer apply under the proposed and vegetables. Current § 305.15 already States free of quarantine pests. regulations in § 319.56–3(b). See the contains requirements related to the discussion of permits under § 319.56–3 cold treatment of fruits and vegetables. Section-by-Section Discussion of Additional Amendments later in this document for additional Any provisions contained in current explanation. § 319.56–2d that are not already present Additional proposed amendments to We are proposing to replace the in § 305.15 would be moved into the regulations are discussed below, by current definitions for commercial § 305.15. The cross reference document proposed section. shipment with a definition for shows where the current provisions in Notice of Quarantine (Proposed commercial consignment in order to § 319.56–2d would be located in § 319.56–1) eliminate confusion over what proposed § 305.15. constitutes a ‘‘shipment’’ at the port of Many sections of the fruits and Current § 319.56, also titled ‘‘Notice of entry into the United States. We would vegetables regulations require quarantine,’’ prohibits the importation also add a definition for the term treatments to be monitored by an of fruits and vegetables except as noncommercial consignment. Since the inspector (as defined in current specifically provided in the fruits and term consignment has been defined in § 319.56–1). We are proposing to remove vegetables regulations or in regulations the context of international trade these provisions from the fruits and elsewhere in part 319. Proposed vegetables regulations, and consolidate § 319.56–1 would replace existing § 319.56, and would describe the 4 The Secretary of Agriculture has delegated them into one new section in part 305. authority for the formulation, direction, and Under this proposal, the regulations in authority the Secretary of Agriculture supervision of APHIS policies, programs, and a new § 305.3, ‘‘Monitoring and has to regulate the importation of fruits activities to the Administrator of APHIS.

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agreements, we would use that term in • Certain fruits and vegetables grown § 319.56–3(c) would provide that ports the regulations. in the British Virgin Islands that are of entry include only those listed in the We are also proposing to move the imported into the U.S. Virgin Islands. regulations of the Department of definition for West Indies found in Therefore, we are proposing to amend Homeland Security’s Bureau of Customs § 319.56–2p of the current regulations the regulations pertaining to permits to and Border Protection (CBP) in 19 CFR into proposed § 319.56–2. state that the commodities described 101.3(b)(1), and that fruits and above may be imported without a vegetables will be required to be General Requirements for All Imported permit, while all other fruits and imported through specific ports only if Fruits and Vegetables (Proposed vegetables must be imported under so required under Subpart—Fruits and § 319.56–3) permit, in accordance with proposed Vegetables or part 305, or if so required As explained earlier in this document, § 319.56–3(b). The current provisions under the conditions of a permit issued we are proposing to consolidate all for importations under oral permits for the importation of the particular fruit existing general requirements for would still apply under proposed or vegetable. This section would also imported fruits and vegetables into § 319.56–3(b)(4). make it clear that fruits and vegetables § 319.56–3. These requirements include Other current provisions regarding that are to be treated for exotic fruit flies provisions that pertain to: application for permits; issuance of at ports in the United States may only • Freedom of imported fruits and permits; amendment, denial, or be imported into certain ports, as vegetables from plant debris; withdrawal of permits; and appeals provided in proposed § 305.15. • Permits; (contained in current §§ 319.56–3 and Provisions for these requirements are • Ports of entry; 319.56–4) would be relocated in contained in § 319.56–2d of the current • Inspection, treatment, and/or other paragraphs (b)(2), (b)(3), (b)(5), and regulations. requirements at the port of first arrival; (b)(6) of proposed § 319.56–3. The Inspection, Treatment, and Other • Costs and charges for APHIS provisions for applying for permits Requirements services; and would also be updated to reflect the • Responsibility for damages arising various means (mail, fax, Internet) now Requirements currently contained in from quarantine actions or procedures. available for applying for permits. current § 319.56–6 pertaining to the The current provisions for these In this document, we are also arrival of fruits and vegetables at ports requirements are contained in proposing to add new provisions to the of entry, inspection and treatment of §§ 319.56–2 and 319.56–3 through regulations that would authorize APHIS such fruits and vegetables, notice of 319.56–8. We propose to amend the to issue special use permits that actions ordered by an inspector, refusal current general requirements as follows: authorize the importation of small lots of entry, and release for movement would be relocated in proposed Freedom From Plant Debris of fruits or vegetables that are otherwise prohibited importation under the § 319.56–3(d). The current provisions in Under current § 319.56–2(a), imported regulations, provided that the fruits or § 319.56–5 overlap with the provisions fruits and vegetables must be free from vegetables: of § 319.56–6 and other sections, and plant debris, as that term is defined in • Are not intended for commercial would be removed. the regulations. This provision would distribution; Current § 319.56–7 authorizes remain unchanged under this proposal • Are to be imported, transported, inspectors to cooperate with Customs and would be relocated in proposed stored, or held under specific conditions inspectors in the examination of all § 319.56–3. that the Administrator has determined baggage or other personal belongings of passengers or members of crews of Permits will mitigate the pest risk posed by the imported fruits or vegetables to the vessels or other carriers whenever such Current § 319.56–3 states that, except extent practicable; and examination is deemed necessary for the for fruits or vegetables that may be • Are to be consumed, disposed of, purpose of enforcing the regulations imported under the general written destroyed, or re-exported at a time and with respect to the entry of any permit provided in § 319.56–2(b), (c), in a manner and place ordered by an prohibited or restricted fruits or and (d), or for fruits and vegetables inspector or as specified in the permit. vegetables or plants or portions of plants imported under an oral permit in These provisions would be contained which may be contained in the baggage accordance with § 319.56–3(d), no fruits in proposed § 319.56–3(b)(7), and would or other belongings of such persons. or vegetables may be imported unless a provide for the importation of fruits and This provision is no longer essential for specific written permit has been issued vegetables for special events such as the purposes of enforcing the proposed for the fruits or vegetables and unless trade shows, for diplomatic regulations given the consolidation of the fruits or vegetables meet all other presentations, and for scientific APHIS and Customs inspection applicable requirements of the research. In each case, such imports personnel in CBP, and as such, would regulations and any other requirements would only be allowed under strict be removed. specified by APHIS in the specific conditions approved by the Costs and Charges for APHIS Services written permit. Administrator to address the particular We believe the distinction between risk posed by the particular imported Current § 319.56–6 provides that specific and general written permits is fruit or vegetable. APHIS will be responsible only for the unnecessarily confusing, since general costs of providing the services of an written permits simply authorize, in the Ports of Entry inspector during regularly assigned text of the regulations, the importation Some of the current commodity- hours of duty and at the usual places of of the following commodities without a specific sections of the regulations duty, and that the owner of imported specific written permit: specify the ports of entry into which fruits or vegetables is responsible for all • Certain dried, cured, or processed particular commodities may be additional costs of inspection, fruits and vegetables (except frozen imported. We propose to remove those treatment, movement, storage, or fruits and vegetables); provisions and combine them into one destruction ordered by an inspector • Certain fruits and vegetables grown general provision, to be contained in under the regulations, including any in Canada; and proposed § 319.56–3(c). Proposed labor, chemicals, packing materials, or

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other supplies required. Similar • Is imported from a definite area or The pest risk analysis usually contains provisions regarding costs and charges district of the country of origin that is two main components: (1) A risk are contained in commodity-specific free from quarantine pests that attack assessment, to determine what pests of requirements in §§ 319.56–2a through the fruit or vegetable and the criteria of quarantine significance are associated 319.56–2oo. In this document, we are § 319.56–2(f) are met with regard to with the proposed import and which of proposing to consolidate all provisions those quarantine pests, provided that all those are likely to follow the import pertaining to costs and charges for other quarantine pests that attack the pathway, and (2) a risk management inspection services into proposed fruit or vegetable in the area or district analysis, to identify phytosanitary § 319.56–3(e). This change would not of the country of origin have been measures that could be applied to the affect program operations in any way, eliminated from the fruit or vegetable by proposed import and evaluate the and would eliminate redundant text treatment or any other procedures that potential effectiveness of those from the regulations. may be prescribed by the Administrator. measures. When the risk analysis is In short, the regulations in § 319.56– complete, APHIS may then propose to Responsibility for Damages Arising 2(e) provide that APHIS may authorize allow the importation of the commodity From Quarantine Actions or Procedures the importation of a fruit or vegetable by through a proposed rule published in Some of the commodity-specific simply issuing a permit once it is the Federal Register. Following its sections in §§ 319.56–2a through satisfied that the criteria in that evaluation of public comments on the 319.56–2oo provide that USDA assumes paragraph have been met; those proposal and any other supporting no responsibility for any damage to regulations do not envision that the fruit documentation, APHIS may then issue a imported fruits or vegetables that results or vegetable would have to be final rule that specifically lists the fruit from treatments required under the specifically listed in the regulations in or vegetable, and any applicable regulations. In this document, we are order to be eligible for entry. Until 1987, phytosanitary measures, in the proposing to consolidate all provisions APHIS used those provisions in that regulations. The results of a pest risk pertaining to responsibility for damages manner, issuing permits to authorize the analysis may also reveal that the risks into proposed § 319.56–3(f). Again, this entry of eligible fruits and vegetables posed by a proposed import cannot be change would not affect program without adding those commodities to sufficiently mitigated for a variety of operations in any way and would the regulations.7 reasons, and such imports continue to eliminate redundant text from the However, in 1987, in order to increase be prohibited importation into the regulations. the transparency of our decisionmaking United States. with respect to the importation of fruits The current process for approving Approval of Certain Fruits and and vegetables, we elected to begin new imports takes a significant period Vegetables for Importation (Proposed listing all newly approved fruits and of time, ranging on average from 18 § 319.56–4) vegetables in the regulations through months to over 3 years (beginning with Current § 319.56–2(e) provides that notice-and-comment rulemaking.8 This the initial request and ending with the any other fruit or vegetable, except those approach has afforded the public the publication of a final rule). In this restricted to certain countries and opportunity to comment on the document, we are proposing to establish districts by special quarantine,5 other proposed importation of hundreds of a regulatory approach that would allow orders, or provisions of the fruits and commodities over the years. However, APHIS to approve or reject certain fruits vegetables regulations 6 may be the number of requests we receive from and vegetables for importation without imported from any country under a foreign exporters and domestic specific prior rulemaking (as was the permit issued in accordance with the importers to amend the regulations has case prior to 1987), but in a manner that fruits and vegetables regulations if been steadily increasing since 1987, and (unlike our process prior to 1987) would APHIS, after reviewing evidence we have concluded that a different provide for public review and comment presented to it, is satisfied that the fruit approach will be necessary if we are to on the scientific documentation on or vegetable either: keep pace with the volume of import which such decisions would be based. • Is not attached in the country of requests. We believe this new approach, The process, which would be codified origin by quarantine pests; which is described in detail below, will in proposed § 319.56–4 (see the rule • Has been treated or is to be treated enable us to be more responsive to the portion of this document), would for all quarantine pests that exist in the import requests of our trading partners require the publication of notices in the country of origin, in accordance with while preserving the transparency Federal Register to advise the public of conditions and procedures that may be afforded by the approach we initiated in the findings of pest risk analyses, and prescribed by the Administrator; 1987. would invite comment on those • Is imported from a definite area or Using our current process, in order for analyses prior to authorizing any district in the country of origin that is an additional fruit or vegetable to be imports. free from all quarantine pests that attack approved for importation, APHIS, after We believe the proposed process the fruit or vegetable and its importation receiving the import request, first would measurably speed up the is in compliance with the criteria of gathers information on the commodity evaluation and approval or denial of a § 319.56–2(f); or and then performs a pest risk analysis. large number of requests to import additional fruits and vegetables, while 5 The imporation of citrus fruits into the United 7 A comprehensive list of fruits and vegetables continuing to provide opportunity for States from eastern and southeastern Asia and that are approved for importation, including those public analysis of and comment on the certain other areas is restricted by Subpart—Citrus authorized importation under the provisions of science associated with such imports. Fruit, § 319.28. § 319.56–2(e) but that are not specifically listed in 6 Fruits and vegetables from designated countries the regulations, may be found in the APHIS’s This proposed process for approving or localities that are subject to commodity-specific manual ‘‘Regulating the Importation of Fruits and imports would apply only to import requirements prescribed in the fruits and Vegetables.’’ The manual is posted on the Internet commodities that, based on the findings vegetables regulations are not subject to the at http://www.aphis.usda.gov/ppq/manuals/port/ of risk analysis, we determine can be regulations in § 319.56–2(e) unless specified FV_Chapters.htm. otherwise. Such fruits and vegetables are, however, 8 The first rule issued under this policy was safely imported subject to one or more subject to all other general requirements contained finalized on November 19, 1992 (see 57 FR 54485– of the following phytosanitary in the fruits and vegetables regulations. 54492, Docket No. 88–143–2). measures, which are referred to

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elsewhere in this document as origin by the national plant protection process as the ‘‘rulemaking-based designated measures: organization (NPPO) of the exporting process.’’ A flowchart to describe the • Inspection upon arrival in the country. process for considering and evaluating United States and subject to other The importation of fruits and commodity import requests under the general requirements of proposed vegetables that require additional proposed regulations is shown as figure § 319.56–3; and • phytosanitary measures beyond one or 1. Note that the determination as to Certified origin from a pest-free area which process to follow (rulemaking or in the country of origin in accordance more of the designated measures cited the notice-based process) would be with revised § 319.56–5; and/or above would continue to require • Treatment for pest(s) in accordance specific prior rulemaking. For ease of based exclusively on the conclusions of with part 305; and/or discussion in this document, we refer to risk analysis. • Inspection and certification that the proposed streamlined process as the BILLING CODE 3410–34–P commodity is pest free in the country of ‘‘notice-based process’’ and the existing

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BILLING CODE 3410–34–C

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Using the proposed process, when measures—any further action on comment will specify which of the APHIS receives a request from an approving the commodity for designated phytosanitary measures NPPO 9 to allow importation of an importation would be undertaken using would be required to be applied by additional commodity, it would gather the rulemaking-based process for APHIS. information on the commodity and evaluating new imports. However, if The following is a selection of conduct a pest risk assessment.10 When APHIS determines in a risk management commodities that have been approved the assessment is complete, if analysis that the risk posed by each quarantine pests are associated with the identified quarantine pest associated for importation by APHIS since 2002. commodity in the country or other with the fruit or vegetable in the country Had the proposed regulations been in region of origin 11, we would evaluate or other region of origin can be place since that time, commodities in whether the risk posed by each mitigated by one or more of the the left column would have been quarantine pest can be mitigated by one designated measures, our findings evaluated for approval using the notice- or more of the designated measures would be communicated using the based process, while commodities in the cited previously in this document.12 If notice-based process; APHIS would right column would have been the designated measures alone are not publish in the Federal Register, for a evaluated for approval via rulemaking. sufficient to mitigate the risk posed by minimum of 60 days public comment, a Note that this list is not comprehensive; the import—i.e., if additional risk notice announcing the availability of the not all recently approved commodities mitigation is required beyond one or pest risk analysis. Each pest risk are listed. more of the designated phytosanitary analysis made available for public

Notice-based process candidates Rulemaking required

Blueberries from South America (70 FR 16431) ...... Peppers from Central America (71 FR 11288). Peppers from Chile (67 FR 61547) ...... Fragrant Pears from China (70 FR 76133). Basil from Honduras (67 FR 61547) ...... Papayas from Brazil and Central America (70 FR 16431). Longans from China (67 FR 61547) ...... Citrus from Chile (69 FR 71691). Persimmon from Spain (67 FR 61547) ...... Hass avocados from Mexico (69 FR 69748). Fig from Mexico (67 FR 61547) ...... Grapes from the Republic of Korea (68 FR 70448). Citrus from Australia (67 FR 61547) ...... Clementines from Spain (67 FR 64702).

Under the streamlined process, that changes to the pest risk analysis are sufficient to mitigate the risk that plant APHIS would evaluate comments necessary, and if the changes made pests or noxious weeds could be received in response to our notice of affect the conclusions of the analysis introduced into or disseminated within availability of the risk analysis. In the (i.e., that inspection and origin from a the United States via the imported fruit event that we receive no comments, or pest-free area and/or treatment are not or vegetable. APHIS would begin in the event that commenters do not sufficient to mitigate the risk posed by issuing import permits for the particular provide APHIS with analysis or data to the identified pests), APHIS would commodity, subject to the conditions reveal that the conclusions of the pest proceed as follows: described in the revised pest risk risk analysis are incorrect and that • If additional phytosanitary analysis, beginning on the date specified changes to the pest risk analysis are measures beyond the designated in the Federal Register notice. necessary, APHIS would then publish measures described earlier in this Alternately, if APHIS believes that the another notice in the Federal Register document are determined to be revisions to the pest risk analysis are announcing that the Administrator has necessary to mitigate the risk posed by substantial, and that there may be determined that, based on the the particular imported fruit or continued uncertainty as to whether the information available, the application of vegetable to the extent practicable, as designated measures are sufficient to one or more of the designated measures determined by the Administrator, any mitigate the risk posed by the fruit or described above (and as specified in a further action on the commodity would vegetable, APHIS may elect to make the given pest risk analysis) is sufficient to follow the rulemaking-based process. revised risk analysis available for public mitigate the risk that plant pests or • If additional risk mitigation beyond comment via a notice in the Federal noxious weeds could be introduced into the measures evaluated in the pest risk Register, or may make any further or disseminated within the United analysis is determined to be required, action on approving the commodity for States via the imported fruit or but the measures still only include one importation subject to rulemaking. vegetable. APHIS would begin issuing or more of the designated measures Note that APHIS does not set policy import permits for the particular described earlier in this document, or regulatory requirements based on commodity, subject to the conditions APHIS may publish another notice issues of economic competitiveness; our described in the pest risk analysis, announcing that the Administrator has authority is tied to risk, and therefore beginning on the date the Federal determined that, based on the our decisionmaking is based on an Register notice is published. information available, the application of analysis of risk. While the proposed In the event that commenters provide one or more of the designated measures process would not preclude the APHIS with analysis or data that reveals described earlier in this document is submission of comments regarding

9 All requests to allow the importation of a of requests to change the part 319 import 11 Risk analyses could consider a country, part of currently prohibited fruit or vegetable into the regulations. The proposed regulations were a country, or all or parts of several countries. United States must be submitted by the NPPO of the designed to help ensure that foreign NPPOs provide 12 If no quarantine pests are identified in the PRA exporting country to be considered by APHIS. us with the information we need to prepare a risk as likely to follow the pathway, a detailed risk 10 On October 28, 2004, we published in the analysis and/or other analyses that evaluate the management analysis would likely not be Federal Register (69 FR 62823–62829, Docket No. risks and other effects associated with a proposed performed, but the importation of the commodity 02–132–1) a proposal to amend the regulations by change to the regulations. Final action on that would still be subject to the general requirements establishing regulations governing the submission proposal is pending. of proposed § 319.56–3.

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issues unrelated to risk, comments on regulations that authorize importation of conditions. However, for many years, issues such as economic specific fruits or vegetables in APHIS has maintained a fruits and competitiveness (e.g., comments that the accordance with one or more of the vegetables manual that was designed to proposed import would result in designated measures.13 The following be a hands-on reference for our decreased sales for domestic producers current sections would be removed for inspectors. The manual is a complete of the same commodity) would not this reason: reference for all approved fruit and merit a detailed response by APHIS. • § 319.56–2e, ‘‘Administrative vegetable imports: In addition to This proposal would allow APHIS to instructions; conditions governing the entry mirroring or referencing requirements focus public discussion on the analysis of cipollini from Morocco;’’ for all commodities whose importation of pest risk, which is the primary basis • § 319.56–2g, ‘‘Administrative is authorized under the regulations, the for our decisionmaking. We believe this instructions prescribing method of treatment manual contains listings and policy is consistent with the provisions of garlic from specified countries;’’ requirements for fruits and vegetables of the Plant Protection Act, as well as • § 319.56–2h, ‘‘Regulations governing the that had been authorized importation entry of grapes from Australia;’’ international trade agreements. • prior to September 30, 1987, and that The notice-based process would § 319.56–2i, ‘‘Administrative continue to be allowed importation instructions prescribing treatments for employ the use of Federal Register mangoes from Central America, South under permit and subject to the same notices to communicate APHIS’s America, and the West Indies;’’ conditions that were applied prior to consideration and approval or denial of • § 319.56–2k, ‘‘Administrative that date, but that are not specifically requests that were previously only instructions prescribing method of listed in the regulations. The manual is approved via rulemaking. As described fumigation of field-grown grapes from available for viewing on the APHIS Web above, Federal Register notices would specified countries;’’ site at http://www.aphis.usda.gov/ppq/ be used to announce the availability of • § 319.56–2l, ‘‘Administrative manuals/port/FV_Chapters.htm, and is pest risk analyses for public comment. instructions prescribing method of treatment frequently used by importers and other Federal Register notices would also be of imported yams;’’ interested persons, in addition to APHIS • § 319.56–2m, ‘‘Administrative used to announce when the instructions prescribing method of personnel. Administrator has determined that a fumigation of apricots, grapes, nectarines, Under this proposal, commodities particular commodity that has been peaches, plumcot, and plums from Chile;’’ that meet the requirements in proposed subject to risk analysis and public • § 319.56–2n, ‘‘Administrative § 319.56–4 would be added to the comment can, based on the findings of instructions prescribing a combination manual, but not the regulations. pest risk analysis, be approved for treatment of fumigation plus refrigeration for Furthermore, the manual will list which importation into the United States. certain fruits;’’ of the designated measures apply to These notices would make clear the • § 319.56–2o, ‘‘Administrative such commodities. Note that before we conditions under which such instructions prescribing method of treatment would publish any final rule amending importations could occur (i.e., subject to of avocados for the Mediterranean fruit fly, the regulations as described in this the melon fly, and the Oriental fruit fly;’’ inspection, and, if necessary, origin • § 319.56–2q, ‘‘Administrative document, APHIS intends to revise the from a pest-free area and/or treatment), instructions: Conditions governing the entry manual to simplify it and make it easier and would state that APHIS will of citrus from South Africa;’’ to use. We are in early stages of immediately begin issuing permits for • § 319.56–2v, ‘‘Conditions governing the converting the manual into a searchable the importation of the commodity. As entry of citrus from Australia;’’ and database that will allow interested described later in this document, these • § 319.56–2z, ‘‘Administrative persons to search by commodity or by notices would also be used to make instructions governing the entry of country, and that will list clearly the available any documentation of our cherimoyas from Chile.’’ conditions that apply to each particular consideration of the potential effects of Additionally, paragraphs (b) and (c) of commodity from a specified country. A the new imports on the environment, as § 319.56–2y (pertaining to the searchable database is already available required under the National importation of cantaloupe, honeydew at: https://manuals.cphst.org/q56/ Environmental Policy Act, as well as melons, and watermelon from Brazil Q56Main.cfm, but we are planning to any other analyses determined by and Venezuela) would also be removed replace it with one that is easier to use APHIS to be necessary under other for the same reason. and understand. We envision the Federal Statutes, such as the As explained earlier in this document, revised manual as a comprehensive Endangered Species Act. the same restrictions that currently source for all types of users: inspectors, If the notice-based process is adopted apply under the sections listed above importers, and other members of the for use by APHIS, we would not list would continue to apply. public. commodities approved under this We recognize that removing a large We would also include in proposed approach in the regulations, though number of commodities from the § 319.56–4 provisions that would allow such commodities would be listed in regulations may cause some confusion APHIS to amend import requirements or APHIS’s fruits and vegetables manual as to whether a particular commodity is withdraw approval of particular and the documentation supporting their approved for importation into the commodities whose importation is approval would be made available on United States, and under what approved under § 319.56–4. the Internet; we also would remove from Specifically, APHIS could amend the regulations those listed commodities 13 Some commodities listed in §§ 319.56–2g, import requirements if we determine that are currently approved for 319.56–2t, and 319.56–2x are allowed importation that the designated phytosanitary importation subject to one or more of subject to additional measures beyond the measures are not sufficient to mitigate designated measures described earlier in this the designated measures described document. Those commodities would be required the risk posed by the particular fruit or earlier in this document. Consequently, to be imported in accordance with proposed vegetable. This could occur due to the lists of commodities contained in § 319.56–13, and would remain subject to the same interceptions of new pests in imported current §§ 319.56–2t and 319.56–2x restrictions as currently apply to their importation. fruits or vegetables or the discovery of Commodities that require such additional measures would be removed, as would a number (e.g., box marking or specified stages of ripeness) types of new evidence of risk. Under of other provisions in current would continue to be authorized importation this provision, APHIS could prohibit or commodity-specific sections in the through specific rulemaking. further restrict importation of the

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particular fruit or vegetable by ∑ Is not attacked in the country of same criteria provided in the current publishing a notice in the Federal origin by quarantine pests; regulations): Register advising the public of its ∑ Is imported from a definite area or (1) APHIS made a determination that finding. In such cases, APHIS would district in the country of origin that is the area is free of specified pest(s) in take immediate action as appropriate at free from all quarantine pests that attack accordance with the criteria for ports of entry, and would follow such the fruit or vegetable, and the area or establishing freedom from pests found action as quickly as practicable with district meets APHIS requirements in in International Standard for notice in the Federal Register. The § 319.56–2(f) for pest freedom; or Phytosanitary Measures No. 4, notice would specify the amended ∑ Is imported from a definite area or ‘‘Requirements for the establishment of import requirements, provide an district of the country of origin that is pest free areas.’’ (The international effective date for the change, and would free from quarantine pests that attack standard was established by the invite public comment on the subject. It the fruit or vegetable, and the area or International Plant Protection is likely that most such actions would district meets APHIS requirements in Convention of the United Nations’ Food be effective immediately, in order to § 319.56–2(f) for pest freedom, provided and Agriculture Organization and is address newly identified risks in timely that all other quarantine pests that incorporated by reference at 7 CFR fashion; however, if there is uncertainty attack the fruit or vegetable in the area 300.5.) as to the risk posed, APHIS may request or district of the country of origin have (2) APHIS has approved the survey comment on a change in import been eliminated from the fruit or protocol used to determine and conditions prior to making such a vegetable by treatment or any other maintain pest-free status, as well as change effective. procedures that may be prescribed by protocols for actions to be performed upon detection of a pest. (Pest-free areas We would also encourage parties the Administrator. are subject to audit by APHIS to verify interested in being informed of changes Currently, APHIS-approved pest-free their status.) to our import policies, such as those areas in foreign countries are listed in If public comments submitted to proposed in this rule, to register for § 319.56–2 (h) and (j) and in various APHIS provide evidence that our APHIS’’s stakeholder registry at https:// commodity-specific sections of the determination of pest-freedom is web01.aphis.usda.gov/ fruits and vegetables regulations (e.g., incorrect, APHIS would announce in a PPQStakeWeb2.nsf. Persons who §§ 319.56–2q, 319.56–2v, 319.56–2y, subsequent Federal Register notice that register and who select ‘‘plant imports’’ 319.56–2ii). A comprehensive list of the status of the area in question has and ‘‘fruits and vegetables’’ as topics of pest-free areas that currently meet changed. interest would be notified when changes APHIS standards may be viewed on the A comprehensive list of pest-free to our fruit and vegetable import Regulations.gov Web site (see areas would continue to be made policies are made, including when we ADDRESSES above for instructions for available by APHIS on the Internet, but make import risk analyses available for accessing Regulations.gov.). no such list would be contained in the comment or approve new imports using APHIS currently recognizes changes regulations. Rather, the regulations the proposed process. in the pest-free status of countries via would simply identify the standards an rulemaking. For example, if an area Commercial Shipments area must meet to be considered pest within a country where fruit flies are free, as shown in proposed § 319.56–5. Often, pest risk analyses for the known to exist is determined to be free In conjunction with this proposed importation of new commodities of fruit flies, in order for a fruit or change, we would also include a consider only the risks posed by vegetable that is a fruit fly host to be provision in proposed § 319.56–5 commercially produced and shipped imported from that area without regarding how we would acknowledge fruit; non-commercial shipments may treatment or other mitigation for fruit the decertification of pest-free areas. In pose an entirely different pest risk than flies, APHIS lists the specific area in the the event of pest infestation in an commercial shipments. Currently, and regulations as a fruit fly-free area. If approved pest-free area, APHIS would as indicated elsewhere in this document changes in the pest-free status of such publish in the Federal Register a notice (see proposed § 319.56–13), many fruits areas occur, APHIS again revises the announcing that the pest-free status of and vegetables may only be imported in regulations to recognize the change. the area in question has been commercial shipments for that reason. Given the time it takes to propose a withdrawn, and that imports of host We are inviting comment on whether change to the regulations, accept crops for the pest in question are subject we should add ‘‘commercial shipments comments on the proposal, and publish to application of an approved treatment. only’’ as a fifth designated measure a final rule amending the regulations, If a treatment for the pest is not under the proposed regulations in the regulations often do not reflect the available, the imports would be § 319.56–4. actual status of a particular area. prohibited importation. In order for a In this document, we are proposing to Pest-Free Areas (Proposed § 319.56–5) decertified pest-free area to be establish criteria within the egulations reinstated, it would have to be approved Current § 319.56–2(e) establishes area that, if met, would allow APHIS to be by APHIS and meet the criteria for freedom from pests as a phytosanitary more responsive in recognizing changes establishing freedom from pests found measure for the purposes of the fruits in the pest-free status of foreign areas. in International Standard for and vegetables regulations. Under Under proposed § 319.56–5, when Phytosanitary Measures No. 4, § 319.56–2(e), fruits and vegetables APHIS is provided with evidence that ‘‘Requirements for the establishment of (except those for which there are the pest-free status of a foreign area has pest free areas.’’ commodity-specific provisions in the changed, we will publish in the Federal In addition to the proposed changes fruits and vegetables regulations or Register a notice announcing the change described above, we would consolidate elsewhere in part 319) may be imported in status and take public comments on existing restrictions on fruits and under a permit and upon compliance the notice for 60 days. The notice would vegetables imported from pest-free areas with the regulations, if APHIS is make available copies of the information into proposed § 319.56–5, including satisfied that the fruit or vegetable showing that the area in question meets requirements for labeling of fruits and either: the following criteria (which are the vegetables. Requirements for labeling

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are currently contained in § 319.56–2(g). Territorial Applicability and Exceptions in a separate rulemaking. In the Additionally, we would clarify the (Proposed § 319.56–7) meantime, we would continue to existing requirement that the imported The regulations in ‘‘Subpart—Fruits administratively enforce restrictions on fruits and vegetables would have to be and Vegetables’’ generally apply to the movement of fruits and vegetables accompanied by a phytosanitary fruits and vegetables imported into any from CNMI. We would update references to the certificate bearing an additional U.S. State, including U.S. territories and Caroline Islands in § 319.56a(a)(3) and declaration that the fruits or vegetables possessions. However, the regulations Netherlands New Guinea in originated in a pest-free area that meets also provide for the importation of § 319.56a(a)(8). The Caroline Islands are the requirements of § 319.56–5(a) and certain fruits and vegetables into certain currently known as Palau and the (b). territories and possessions under Federated States of Micronesia, and conditions that differ from the Also, in conjunction with this change, Netherlands New Guinea is currently conditions that apply to importations we would clarify and strengthen the known as Papua New Guinea. current requirements in § 319.56–2(g) into the rest of the United States. For The current regulations in § 319.56a regarding safeguarding of fruits and example, current § 319.56a contains provide that Allium spp. may be vegetables that are imported from pest- special restrictions that apply to the imported into Guam without treatment. free areas. We would require fruits or importation of fruits and vegetables into We are proposing to clarify that only vegetables moved from a pest-free area Guam. Also, § 319.56–2(d) contains Allium spp. without tops may be into or through a non-free area to be restrictions that apply to the imported into Guam, due to the safeguarded during the time they are importation of fruits and vegetables into presence of the leaf tip die back disease, present in a non-free area by insect- the U.S. Virgin Islands from the British Mycosphaerella schoenoprasi, and proof mesh screens or plastic tarpaulins, Virgin Islands. Additional provisions exotic species of leaf miners of Allium including while in transit to the packing pertaining to importations of fruits and spp. in countries that regularly trade house and while awaiting packaging. vegetables into U.S. territories are with Guam. Those pests, which are Further, we would require fruits or located in current §§ 319.56, 319.56–2, associated with the Allium spp. tops vegetables that are moved through a 319.56–2a, and § 319.56–8. and are not pests of Allium spp. bulbs, non-free area during transit to a port to We are proposing to simplify the are not present in Guam. The be packed in insect-proof cartons or regulations by consolidating all restrictions on the importation of containers or be covered by insect-proof territorial import requirements into one Allium spp. tops is necessary to prevent mesh or plastic tarpaulins during transit section, proposed § 319.56–7. The the introduction of Mycosphaerella to the port and subsequent export to the requirements pertaining to Guam would schoenoprasi and exotic species of leaf United States. These safeguards would be contained in proposed § 319.56–7(b), miners into Guam. provide necessary protection of and requirements pertaining to the U.S. In addition, we would remove the imported commodities against pest Virgin Islands would be contained in provision in current § 319.56a(d) that infestation while they are in transit to proposed § 319.56–7(c). In conjunction prohibits the importation of coconuts the United States and are consistent with these changes, we are proposing to with husks into Guam from the Trust with standard operating procedures of amend the existing territorial import Territory (i.e., the former U.N. Trust all current programs for the export of requirements to update place names, to Territory of the Pacific under U.S. fruits or vegetables from pest-free areas. reflect changes in political associations, administration, now Palau, the Marshall and to update import conditions based Islands, the Northern Mariana Islands, Trust Fund Agreements (Proposed on changes in pest prevalence in and the Federated States of Micronesia). § 319.56–6) exporting countries. Under proposed § 319.56–7(b)(1)(xi), all Specifically, we would remove the fruits and vegetables approved for entry Several of the current commodity- provision in current § 319.56–2a(a)(1) into any other part or port of the United specific regulations contain provisions regarding imports from the Marianas States may be imported into Guam; and regarding the establishment of trust Islands into Guam. The entire Marianas coconuts without husks are eligible for funds for the payments of APHIS Island Archipelago, except Guam, is importation into all U.S. States under services that are provided in foreign part of the Commonwealth of the the provisions of proposed § 319.56–4. countries. The language of those Northern Marianas Islands (CNMI), Coconuts with husks are not approved provisions is generally consistent from which is under U.S. administration. for importation into the United States one section to another, and as a result, Any requirements pertaining to under the regulations. the regulations contain a great deal of movements of fruits and vegetables into We would also remove the provisions redundant text. To eliminate the Guam from other U.S. States (as defined in current § 319.56a(e), which state that redundant text, we propose to simplify in proposed § 319.56–2 to include application of the provisions of current the language in each section where it CNMI) should be located in 7 CFR part §§ 319.56–2d, 319.56–2e, 319.56–2g, exists, and reference a new general trust 318—Hawaiian and Territorial 319.56–2k, 319.56–2l, and 319.56–2p is fund provision, to be contained in Quarantine Notices. However, the impracticable in the case of traffic into proposed § 319.56–6. This change is regulations in part 318 are outdated and Guam (due to lack of treatment purely editorial in nature and would not do not cover movements of fruits and facilities) and therefore such application affect the operation of any current or vegetables from CNMI to the continental is withdrawn. Guam now has a future APHIS programs. The following United States. The regulations in part treatment facility adequate to treat sections of the current regulations 318 require additional amendment; commodities enterable under the contain trust fund agreement however, the additional amendments sections cited above, and therefore, stipulations that would be amended are outside the scope of this proposal, current § 319.56a(e) is no longer under this proposal: §§ 319.56–2h, which focuses on the revision of the accurate. 319.56–2r, 319.56–2s, 319.56–2z, fruits and vegetables regulations. We would also remove a provision 319.56–2cc, 319.56–2dd, 319.56–2ff, Therefore, we would make no changes now in § 319.56(c) that provides that the 319.56–2ii, 319.56–2jj, and 319.56– to part 318 in this action, but would Administrator may, by permit, authorize 2mm. make the necessary revisions to part 318 importations into Guam under

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conditions specified in the permit that Importation of Frozen Fruits and treatment. We are proposing to list those are less stringent than those contained Vegetables (Proposed § 319.56–12) commodities, and any requirements that in ‘‘Subpart—Fruits and Vegetables.’’ Current § 319.56–2c prescribes quick apply to their importation beyond the The proposed special use permit freezing in accordance with part 305 as general requirements of § 319.56–3, in regulations in § 319.56–3(b)(7) would a satisfactory treatment for all fruits and § 319.56–13. Such commodities would provide an equivalent means for vegetables enterable under permit under remain subject to the same restrictions authorizing the importation of fruits and § 319.56. Such frozen fruits and that currently apply to their vegetables into Guam as is currently vegetables may be imported from any importation. See proposed § 319.56–13 allowed under § 319.56(c). country under permit, in compliance for a list of commodities and applicable Sections 319.56–8 through 319.56–9 with §§ 319.56–1 through 319.56–7 requirements. Authorization of would be reserved to provide additional (exclusive of non-related administrative additional commodities subject to any space in ‘‘Subpart—Fruits and instructions), at ports authorized in the of these additional measures or Vegetables’’ for future amendments, measures other than the designated should such amendments be needed. permits. The regulations also provide that the importation of frozen fruits and measures described earlier in this Importation of Fruits and Vegetables vegetables is not authorized when such document would continue to require From Canada (Proposed § 319.56–10) fruits and vegetables are subject to prior specific rulemaking. Sections 319.56–14 through 319.56– Under current § 319.56–2(c), fruits attack in the area of origin by plant pests that may not, in the judgment of the 19 would be reserved to provide and vegetables grown in Canada (except additional space in ‘‘Subpart—Fruits potatoes from Newfoundland and that Administrator, be destroyed by freezing. We are proposing to simplify the text and Vegetables’’ for future amendments, portion of the Municipality of Central should such amendments be needed. Saanich in the Province of British of the requirements for importing frozen Columbia east of the West Saanich fruits and vegetables to provide that Commodity-Specific Provisions Road) may be imported into the United frozen fruits and vegetables may be (Proposed §§ 319.56–20 Through States without further restriction. This imported into the United States only if 319.56–40) provision would remain unchanged they are quick frozen in accordance Sections 319.56–2a through 319.56– under this proposal and would be with part 305. The regulations would 2oo contain restrictions on the relocated in proposed § 319.56–10. also provide that the importation of importation of specific commodities. As certain frozen fruits and vegetables is Importation of Dried, Cured, or explained elsewhere in this document, not authorized when the fruits and a number of these sections will be Processed Fruits, Vegetables, Nuts, and vegetables are subject to attack in the Legumes (Proposed § 319.56–11) removed if this proposal is adopted. area of origin by plant pests that may However, all or part of the following Under current § 319.56–2, dried, not be destroyed by freezing. These sections would be retained under this cured, or processed fruits, vegetables, provisions would be located in proposal: nuts, and legumes are allowed proposed § 319.56–12. These changes • importation into the United States are not substantive and would not affect § 319.56–2j, ‘‘Conditions governing the without a permit or phytosanitary existing entry requirements for imported entry of apples and pears from Australia (including Tasmania) and New Zealand;’’ certificate, unless the regulations frozen fruits and vegetables. • § 319.56–2p, ‘‘Administrative specifically provide otherwise. Additional Requirements for Certain instructions prescribing treatment and Exceptions are contained in §§ 319.56– Fruits and Vegetables (Proposed relieving restrictions regarding importation of 2a and 319.56–2b. Under the proposed § 319.56–13) okra from Mexico, the West Indies, and regulations, the provisions regarding certain countries in South America;’’ importation of coconuts into Guam from The majority of fruits and vegetables • § 319.56–2r, ‘‘Administrative the Trust Territory would be removed, listed in current § 319.56–2t are allowed instructions governing the entry of apples and pears from certain countries in Europe;’’ and the remaining exceptions would be importation into the United States • subject to inspection and other § 319.56–2s, ‘‘Administrative moved to proposed § 319.56–11, for the instructions governing the entry of apricots, same reasons described under the universal requirements. Similarly, the nectarines, peaches, plumcot, and plums description of proposed § 319.56–7 majority of fruits and vegetables listed from Chile;’’ above. in current § 319.56–2x are allowed • § 319.56–2u, ‘‘Conditions governing the The provisions regarding exceptions importation into the United States with entry of lettuce and peppers from Israel;’’ would also be reorganized and treatment, in addition to inspection and • § 319.56–2w, ‘‘Administrative simplified. Enforceable provisions other universal requirements. In instruction; conditions governing the entry of would remain unchanged, except that addition, under § 319.56–2g, garlic may papayas from Central America and Brazil;’’ • we would add a new provision be imported from certain countries with § 319.56–2y, ‘‘Conditions governing the prohibiting the importation of treatment, in addition to inspection and entry of melon and watermelon from certain countries in South America;’’ macadamia nuts in the husk or shell other universal requirements. As • § 319.56–2aa, ‘‘Conditions governing the from all countries or regions, except explained elsewhere in this document, entry of watermelon, squash, cucumber, and from St. Eustatius. This proposed most such commodities would no oriental melon from the Republic of Korea;’’ provision is consistent with current longer be listed in the regulations under • § 319.56–2cc, ‘‘Administrative APHIS policy on the importation of this proposal. However, as also instructions governing the entry of Fuji macadamia nuts and is necessary to explained earlier in this document, variety apples from Japan and the Republic protect against the introduction of some commodities listed in current of Korea;’’ • exotic pests associated with macadamia §§ 319.56–2g, 319.56–2t and 319.56–2x, § 319.56–2dd, ‘‘Administrative nuts from foreign countries or regions as well as some commodities not listed instructions: conditions governing the entry of tomatoes;’’ other than St. Eustatius. Any imports of in the regulations but that are allowed • § 319.56–2ee, ‘‘Administrative macadamia nuts in the husk or shell importation under permit in accordance instructions: Conditions governing the entry from other countries or regions would with § 319.56–2(e), are allowed of Ya variety pears from China;’’ be contingent on the findings of pest importation subject to additional • § 319.56–2ff, ‘‘Administrative risk analysis. measures beyond inspection and instructions governing movement of Hass

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avocados from Michoacan, Mexico, to regulations up to date with current tomatoes are safeguarded against insect approved States;’’ practice and would make the import infestation prior to shipment to the • § 319.56–2gg, ‘‘Administrative provisions equivalent to our domestic United States. The current regulations instructions; conditions governing the entry regulations that pertain to pink require packaging and containers to be of peppers from Spain;’’ • § 319.56–2hh, ‘‘Conditions governing the bollworm (7 CFR 301.52 through fruit fly-proof, not insect-proof. entry of peppers from New Zealand;’’ 301.52–10). • Proposed Non-Substantive Revisions § 319.56–2ii, ‘‘Administrative Apricots, Nectarines, Peaches, Plumcot, instructions: conditions governing the entry Apples and Pears From Australia and Plums From Chile (Proposed of mangoes from the Philippines;’’ (Including Tasmania) and New Zealand § 319.56–23) • § 319.56–2jj, ‘‘Administrative (Proposed § 319.56–20) instructions; conditions governing the Current § 319.56–2s contains Current § 319.56–2j contains importation of clementines from Spain;’’ restrictions on the importation of • restrictions on the importation of apples § 319.56–2kk, ‘‘Persimmons from the apricots, nectarines, peaches, plumcot, Republic of Korea.’’ and pears from Australia (including and plums from Chile. Under this • § 319.56–2ll, ‘‘Conditions governing the Tasmania) and New Zealand. Under this proposal, all provisions contained in entry of grapes from the Republic of Korea;’’ proposal, most provisions contained in • current § 319.56–2s would be relocated § 319.56–2mm, ‘‘Conditions governing current § 319.56–2j would be relocated to proposed § 319.56–23, except that the the importation of clementines, mandarins, to proposed § 319.56–20.14 This change and tangerines from Chile.’’ provision in § 319.56–2s(b) pertaining to would not substantively affect the • § 319.56–2nn, ‘‘Administrative trust fund agreements would be current regulations, but would make instructions: Conditions governing the entry amended and become part of revised them easier to understand. of fragrant pears from China.’’ and § 319.56–6, as explained earlier in this • § 319.56–2oo, ‘‘Administrative instructions: Conditions governing the entry document. In addition, we would Apples and Pears From Certain of peppers from certain Central American update the provisions in current Countries in Europe (Proposed § 319.56– countries.’’ paragraph (d)(1) to ensure the 22) regulations reflect current APHIS Under this proposal, some or all of the Current § 319.56–2r contains operating practices regarding biometric provisions contained in the sections restrictions on the importation of apples sampling of fruit. The sampling listed above would be relocated to new and pears from certain countries in regimens specified in the current sections of the proposed regulations, as Europe. Under this proposal, all regulations would be removed and shown in the cross reference document. provisions contained in current replaced with provisions that require In some cases, we would make no § 319.56–2r would be relocated to sampling, but which do not specify the revisions to the actual content of the proposed § 319.56–22, except that the percentage of fruit to be sampled or the sections, but simply change paragraph provision in § 319.56–2r(b) pertaining to confidence level of the inspection. This and section designations. In other cases, trust fund agreements would be change is necessary because sampling we are proposing to amend the text to amended and become part of proposed levels change depending on the pest make the regulations easier to § 319.56–6, as explained earlier in this dynamics associated with the understand, to correct errors, or to document. commodity being imported, and the update them to reflect current APHIS regulations should be designed to Lettuce and Peppers From Israel operating procedures. None of these account for appropriate increases or (Proposed § 319.56–24) changes would represent significant decreases in sampling rates. changes in import policy. Proposed Current § 319.56–2u contains changes that are substantive in nature Tomatoes From Certain Countries restrictions on the importation of lettuce are described first, by section. Non- (Proposed § 319.56–28) and peppers from Israel. Under this proposal, all provisions contained in substantive editorial changes are Current § 319.56–2dd contains described next, also by section. current § 319.56–2u would be relocated restrictions on the importation of to proposed § 319.56–24. Proposed Substantive Revisions tomatoes from certain countries. Under this proposal, all provisions contained Papayas From Central America and Okra From Certain Countries (Proposed in current § 319.56–2dd would be Brazil (Proposed § 319.56–25) § 319.56–21) relocated to proposed § 319.56–28, Current § 319.56–2w contains Current § 319.56–2p contains varying except that: (1) The provision in restrictions on the importation of restrictions on the importation of okra § 319.56–2dd(d)(3) pertaining to trust papayas from Central America and from countries where the pink bollworm fund agreements would be amended and Brazil. Under this proposal, all (Pectinophora gossypiella) is known to become part of revised § 319.56–6, as provisions contained in current exist. The regulations are outdated, and explained earlier in this document; and § 319.56–2w would be relocated to contain differing restrictions for the (2) the various provisions pertaining to proposed § 319.56–25. importation of okra from countries even packing and safeguarding of tomatoes though the regulations are all aimed at would be amended to require tomatoes Melon and Watermelon From Certain excluding pink bollworm from the to be safeguarded from the time of countries in South America (Proposed United States, and despite the fact that harvest through export by insect-proof § 319.56–26) the conditions in the regulations are mesh screens or plastic tarpaulins, Current § 319.56–2y contains inconsistent with those enforced by including while in transit to the packing restrictions on the importation of melon inspectors at ports of entry. Under this house and while awaiting packaging. In and watermelon from certain countries proposal, the majority of provisions addition, tomatoes would be required to in South America. Specifically: contained in current § 319.56–2p would be packed in insect-proof cartons or be relocated to proposed § 319.56–21, containers, or covered by insect-proof 14 As explained elsewhere in this document, and all imports from pink bollworm- mesh or plastic tarpaulins during transit general provisions such as those contained in § 319.56–2j(a)(3) through (a)(6) would be infested areas would be subject to the to the airport and subsequent export to consolidated into provisions of general applicability same requirements. The proposed the United States. These proposed (universal requirements) in proposed §§ 319.56–3 revisions would bring our okra import revisions are necessary to ensure that and 305.3.

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• Paragraph (a) pertains to the Hass Avocados From Michoacan, amended and become part of revised importation of cantaloupe and Mexico (Proposed § 319.56–30) § 319.56–6, as explained earlier in this watermelon from Ecuador; Current § 319.56–2ff contains document. In addition, the provisions in • Paragraph (b) pertains to the restrictions on the importation of Hass § 319.56–2jj(e) and (i) that pertain to importation of cantaloupe, honeydew avocados from Michoacan, Mexico. restrictions on the distribution of melons, and watermelon from Brazil; Under this proposal, all provisions clementines for the 2002–2003 shipping season would be removed, as those • Paragraph (c) pertains to the contained in current § 319.56–2ff would provisions have expired. importation of cantaloupe, honeydew be relocated to proposed § 319.56–30, melons, and watermelon from except that the provision in § 319.56– Persimmons From the Republic of Korea Venezuela; and 2ff(b) pertaining to trust fund (Proposed § 319.56–35) agreements would be amended and • Paragraph (d) pertains to the become part of revised § 319.56–6, as Current § 319.56–2kk contains importation of cantaloupe, netted explained earlier in this document. restrictions on the importation of melon, vegetable melon, winter melon, persimmons from the Republic of Korea. and watermelon from Peru. Peppers From Spain (Proposed Under this proposal, all provisions Under this proposal, all provisions § 319.56–31) contained in current § 319.56–2kk contained in paragraph (a) would be Current § 319.56–2gg contains would be relocated to proposed relocated to proposed § 319.56–26. The restrictions on the importation of § 319.56–35. provisions of paragraphs (b) and (c) peppers from Spain. Under this Watermelon, Squash, Cucumber, and would be removed from the regulations proposal, all provisions contained in Oriental Melon From the Republic of because their importation would be current § 319.56–2gg would be relocated Korea (Proposed § 319.56–36) authorized under proposed § 319.56–4. to proposed § 319.56–31. The basic provisions of paragraph (d) Current § 319.56–2aa contains would be moved to proposed § 319.56– Peppers From New Zealand (Proposed restrictions on the importation of 26, except that some provisions § 319.56–32) watermelon, squash, cucumber, and regarding origin of the fruit from a pest Current § 319.56–2hh contains oriental melon from the Republic of free area would be covered under restrictions on the importation of Korea. Under this proposal, all proposed § 319.56–5. peppers from New Zealand. Under this provisions contained in current proposal, all provisions contained in § 319.56–2aa would be relocated to Fuji Variety Apples From Japan and the current § 319.56–2hh would be proposed § 319.56–36. Republic of Korea (Proposed § 319.56– relocated to proposed § 319.56–32. 27) Grapes From the Republic of Korea Mangoes From the Philippines (Proposed § 319.56–37) Current § 319.56–2cc contains (Proposed § 319.56–33) Current § 319.56–2ll contains restrictions on the importation of Fuji restrictions on the importation of grapes variety apples from Japan and the Current § 319.56–2ii contains from the Republic of Korea. Under this Republic of Korea. Under this proposal, restrictions on the importation of proposal, all provisions contained in all provisions contained in current mangoes from the Philippines. Under current § 319.56–2ll would be relocated § 319.56–2cc would be relocated to this proposal, all provisions contained to proposed § 319.56–37. proposed § 319.56–27, except that the in current § 319.56–2ii would be provisions in paragraphs (c) and (d) of relocated to proposed § 319.56–33, Clementines, Mandarins, and § 319.56–2cc would be revised or except that: Tangerines From Chile (Proposed • The provisions in § 319.56–2ii(b) removed as explained earlier in this § 319.56–38) regarding the treatment schedule and document under the headings ‘‘Trust procedure for mangoes would be Current § 319.56–2mm contains Fund Agreements (Proposed § 319.56– removed, as those provisions also exist restrictions on the importation of 6)’’ and ‘‘General requirements for all in part 305. clementines, mandarins, and tangerines imported fruits and vegetables • The provision in § 319.56–2ii(f) from Chile. Under this proposal, all (Proposed § 319.56–3).’’ We would also pertaining to trust fund agreements provisions contained in current amend current § 319.56–2cc(a) to would be amended and become part of § 319.56–2mm would be relocated to remove the reference to the kanzawa revised § 319.56–6, as explained earlier proposed § 319.56–38, except that the mite (Tetranychus kanzawai). This mite in this document. provision in § 319.56–2mm(f) pertaining is no longer considered a quarantine • The provision in § 319.56–2ii(g) to trust fund agreements would be pest because it exists in the United pertaining to responsibility for damages amended and become part of revised States, and there is no official control would be removed, as explained earlier § 319.56–6, as explained earlier in this program for it. This change would have in this document under the heading document. no effect on current import conditions, ‘‘General Requirements for All Imported as the treatment required for kanzawa Fruits and Vegetables (Proposed Fragrant Pears From China (Proposed mite would still be required to address § 319.56–3).’’ § 319.56–39) the risk posed by other identified pests Current § 319.56–2nn contains of apples. Clementines From Spain (Proposed restrictions on the importation of § 319.56–34) Ya Variety Pears From China (Proposed fragrant pears from China. Under this § 319.56–29) Current § 319.56–2jj contains proposal, all provisions contained in restrictions on the importation of current § 319.56–2nn would be Current § 319.56–2ee contains clementines from Spain. Under this relocated to proposed § 319.56–39. restrictions on the importation of Ya proposal, all provisions contained in variety pears from China. Under this current § 319.56–2jj would be relocated Peppers From Certain Central American proposal, all provisions contained in to proposed § 319.56–34, except that the Countries (Proposed § 319.56–40) current § 319.56–2ee would be relocated provision in § 319.56–2jj(a) pertaining to Current § 319.56–2oo contains to proposed § 319.56–29. trust fund agreements would be restrictions on the importation of

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Peppers from certain Central American We do not currently have all of the percent in 1997–2001.15 Imports have countries. Under this proposal, all data necessary for a comprehensive become increasingly important for provisions contained in current analysis of the effects of this proposed domestic fresh fruit and vegetable § 319.56–2oo would be relocated to rule on small entities. Therefore, APHIS consumption. In 2004, the U.S. proposed § 319.56–40. welcomes public comment that would imported more than $7 billion in fresh enable us to more fully consider impacts fruits and vegetables. Maintaining the Miscellaneous Changes of the proposed rule, specifically current process will make it difficult to In addition to the changes described information on costs that may not be keep pace with this rapidly increasing elsewhere in this document, we propose covered by this analysis. volume of import requests. to update terms and references in the The proposed process for approving In accordance with the Plant regulations as follows: imports would apply only to Protection Act (7 U.S.C. 7701 et seq.), • References to contact points for commodities that, based on the findings the Secretary of Agriculture has the APHIS program units and other of risk analysis, APHIS determines can authority to promulgate regulations and Government agencies that have been be safely imported subject to one or take measures to prevent the spread of reorganized would be changed as more designated risk management plant pests into or through the United appropriate. measures. The new process would be a States, which includes regulating the • References to PPQ Inspector would notice-based process while the existing importation of fruits and vegetables into be replaced with references to Inspector process is a rulemaking-based process. (as defined in proposed § 319.56–2). the United States. The Secretary has By eliminating the need for specific • References to the Department delegated the responsibility for prior rulemaking for notice-based would be replaced with references to enforcing the Plant Protection Act to the process commodities, considerable time APHIS. Administrator of APHIS. savings could be reaped. The current • Taxonomic names for certain pests This proposed rule would revise and process for approving new imports takes would be updated to reflected changes reorganize the regulations pertaining to a notable period of time, ranging on in scientific classifications. the importation of fruits and vegetables average from 18 months to upwards of We would also remove provisions to consolidate requirements of generally 3 years (beginning with the initial pertaining to the importation of yams applicability and eliminate redundant request and ending with the publication from Cuba (see current § 319.56– requirements, update terms and remove of the final rule). A significant portion 21(b)(2)), as trade of those commodities outdated requirements and references, of this time is accounted for in the with Cuba is prohibited under U.S. law. update the regulations that apply to rulemaking process. This proposed rule In conjunction with the proposed importations of fruits and vegetables would reduce the time needed for revision of Subpart—Fruits and into U.S. territories, and make various approval of some fruits and vegetables Vegetables, we would also update, as editorial and nonsubstantive changes to for import without eliminating necessary, various references to sections regulations to make them easier to use. opportunity for public participation in of the fruits and vegetables regulations APHIS is also proposing to make our analysis of risk. In addition, this located elsewhere in 7 CFR chapter III. substantive changes to the regulations, proposed rule would help relieve the Executive Order 12866 and Regulatory including: (1) Establishing criteria burden on APHIS’ regulatory Flexibility Act within the regulations that, if met, mechanism, given the volume of new would allow APHIS to approve certain commodity import requests APHIS has This proposed rule has been reviewed new fruits and vegetables for been receiving, and the large volume of under Executive Order 12866. The importation into the United States and rulemaking initiatives already underway proposed rule has been determined to to acknowledge pest-free areas in in APHIS. be significant for the purposes of foreign countries without undertaking Consumers benefit from the ability to Executive Order 12866 and, therefore, rulemaking; (2) doing away with the purchase fruits and vegetables from a has been reviewed by the Office of process of listing specific commodities variety of sources, foreign as well as Management and Budget. that may be imported subject to certain domestic. Consumer expenditures for We have prepared an economic types of risk management measures; and fruit and vegetables are growing faster analysis for this proposed rule. It (3) providing for the issuance of special than for any food group other than provides a cost-benefit analysis as use permits for fruits and vegetables. meats. Many of the commodities that required by Executive Order 12866, as These changes are necessary to simplify would be covered by this proposed rule well as an initial regulatory flexibility and expedite the APHIS process for would be niche products, unavailable or analysis that considers the potential approving new imports and pest-free limited in availability in the United economic effects of this proposed rule areas while continuing to allow for States. This proposed rule would allow on small entities, as required by the public participation in the process. importers to more quickly meet Regulatory Flexibility Act. The consumer demand for those niche economic analysis is summarized International trade in fruits and products. In addition, climate causes below. Copies of the full analysis are vegetables—in particular, many new most domestic fruit and vegetable available from the person listed under and newly traded commodities— expanded rapidly over the past two production to be seasonal, with the FOR FURTHER INFORMATION CONTACT. largest harvests occurring during the Please refer to Docket No. APHIS–2005– decades, while also undergoing a marked change in the products summer and fall. Imports supplement 0106 when requesting copies. The full domestic supplies, especially of fresh analysis is also available on the demanded. According to Food and Agriculture Organization (FAO) data, products during the winter, resulting in Regulations.gov Web site and in our increased choices for consumers. Even reading room (instructions for accessing the average value share of fruits and vegetables (including pulses and tree where the new imports would compete Regulations.gov and information on the directly with domestic production, location and hours of the reading room nuts) in global agricultural exports increased from 11.7 percent in the are provided under the heading 15 Huang, Sophia Wu. Gobal Trade Patterns, in ADDRESSES at the beginning of this period 1977–81 to 15.1 percent in 1987– Fruits and Vegetables. Chapter 2. Economic document). 91 and reached an all time high of 16.5 Research Service/USAD.

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consumers would benefit when the notice-based process criteria of this benefits of this proposed rule. The increased competition results in lower proposed rule, subject only to proposed rule will also have the benefit prices. designated mitigation measures. Had of improving trade relations with other In the current process, once APHIS these commodities followed the notice- countries by speeding import approvals. has conducted a risk analysis and based process of this proposed rule, In addition, by moving to a notice-based identified what phytosanitary measures these commodities would have been process for certain commodities, fewer are necessary to address the pest risk available to U.S. consumers far sooner APHIS resources will have to be posed by the commodity subject to an than was actually the case. For example, devoted to rulemaking for these import request, APHIS then proceeds all of the pest risk analyses and risk commodities. Those resources will then through rulemaking. Through management decisions associated with become available for other uses. rulemaking, APHIS amends the fruits the herbs from Central America were This proposed rule would not alter and vegetables regulations by listing the completed by the end of 2001. The final the manner in which the risks commodity from a specific part of the rule allowing the import of these associated with a commodity import world as eligible, under specified commodities was not published and request are evaluated, nor would it alter conditions, for importation into the effective until June 25, 2003. the manner in which those risks are United States. Some import requests In 2004 and 2005, approximately ultimately mitigated. The change would that might otherwise have very quickly 454,000 kg of the above commodities merely allow a new commodity import led to new imports are delayed were imported into the U.S. from the to move more quickly into commerce to considerably by the rulemaking process. countries covered in the amendment. It the benefit of consumers once it has One reason for this is the complexities is estimated that the average monthly been determined that the commodity of the rulemaking process itself. There value per commodity of these shipments can be safely imported subject to one or 17 are certain statutory, executive branch, was about $3,900. There are more designated risk management and departmental process requirements approximately 400 commodity import measures. that are typically not required under a requests currently being processed by APHIS currently recognizes changes notice based process. Another is the APHIS. A significant percentage of these in the pest-free status of countries via nature of the requests. Few if any of requests may fit the notice-based rulemaking. Under this proposed rule, these requests warrant an entire process criteria of this proposed rule. APHIS would use Federal Register The rulemaking process is an inherently rulemaking in and of themselves. These notices and public comment to longer process than a notice-based requests are primarily small in stature acknowledge pest-free areas in foreign process would be. There are either because they are specialty crops countries without undertaking complexities in the rulemaking process or are grown in limited quantities in the rulemaking. This would allow APHIS to that are not present in the notice-based requesting area. Therefore these be more responsive in recognizing process. In addition, few if any of the requests, when their risk analyses have changes in the pest-free status of foreign requests that would fall into the notice- been completed and needed areas. based process warrant an entire phytosanitary measures have been This proposed rule would also clarify identified, are necessarily grouped rulemaking in and of themselves, and must therefore be grouped with other and strengthen requirements regarding together for movement through the safeguarding of fruits and vegetables rulemaking process. These changes, commodities for rulemaking. Therefore, a notice based approach to commodity that are imported from pest-free areas. along with other minor regulatory These safeguards would provide changes, are covered in rulemakings import approvals could be 6 to 12 months shorter than under a rulemaking necessary protection of imported referred to as periodic amendments to commodities against pest infestations Q56. approach. For the purposes of estimating the while they are in transit to the United A significant number of the benefits of a notice-based approach to States and are consistent with standard commodity import requests that APHIS approving commodity import requests, operating procedures of all current receives would likely fit the notice- we make the following assumptions: programs that export fruits and based process criteria as laid out in this The commodities that are approved for vegetables from pest-free areas. These proposed rule. The number of import import under this notice-based process changes should therefore have little, if requests has grown significantly. There have values similar to those approved any, impact on users of the system. are currently approximately 400 under the 11th periodic amendment; 30 If the notice-based approach is commodity import requests being to 50 percent (120 to 200) of current adopted for use by APHIS, the processed by APHIS. Because of the commodity import requests would be commodities approved under the nature of the import requests likely to approved under this process; and, those notice-based track approach would no qualify for the notice-based approach, commodities approved in the notice- longer be listed in the regulations, nor those commodities would most likely based process would reach the U.S. would commodities that are currently otherwise be included in periodic market 6 to 12 months earlier than they approved for importation subject to one amendments to Q56. would under rulemaking. or more of the designated measures Included in the 11th periodic Based on these assumptions, we could described previously be listed. amendment 16 were numerous herbs expect imports valued at between $2.8 The fruits and vegetables manual 18 from Central America, figs from Mexico, million and $9.4 million to occur under would contain a listing of all peppers from Chile, cape gooseberry a notice-based process that would not commodities approved for importation from Colombia, longan from China, occur under the current rulemaking into the United States and would serve persimmon from Spain, yard-long-bean process. These added sales represent from Nicaragua, and yellow pitaya from 18 Regulating the Importation of Fresh Fruits and Colombia. These commodities would fit 17 Shipment information was obtained from Vegetables. United States Department of APHIS’ PQ280 database. Information on value is Agriculture. Marketing and Regulatory Programs. 16 Importation of Fruits and Vegetables. Final from the U.S. Census Bureau, Foreign Trade Animal and Plant Health Inspection Service. Plant Rule. Docket No. 02–024–6. Federal Register/Vol. Statistics ‘cowpeas,’ ‘figs,’ ‘fruit not elsewhere Protection and Quarantine. http:// 68, No. 122/Wednesday, June 25, 2003/Rules and specified,’ ‘other spices and herbs,’ ‘other berries,’ www.aphis.usda.gov/ppq/manuals/port/ Regulations. and ‘peppers’ from 2004 and 2005, in 2005 dollars. FVlChapters.htm.

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as a comprehensive list and reference of simplify the regulations and organize and therefore should not affect users of enterable fruits and vegetables. them to facilitate future revisions. In the system. Most of these changes would not alter addition, this proposal would also This proposed rule would also amend how or whether a commodity is clarify treatment requirements in 7 CFR the various provisions pertaining to approved for importation, merely how part 305. These changes do not packing and safeguarding of tomatoes. that status would be presented. These represent a change in program The proposed rule would require changes should therefore have little, if operations and therefore should not tomatoes to be safeguarded from harvest any, impact on users of the system. affect users of the system. to export by insect-proof mesh screens This proposed rule would make This proposed rule would also amend or plastic tarpaulins, including while in several changes to the issuance of the various restrictions on the transit to the packing house and while permits for the importation of fruits and importation of okra from countries awaiting packaging. In addition, vegetables. This proposed rule would where the pink bollworm is known to tomatoes would be required to be amend the regulations pertaining to exist. The regulations are outdated, and packed in insect-proof cartons or permits to state that certain dried, contain differing restrictions for the containers, or covered by insect-proof cured, or processed fruits and importation of okra from countries even mesh or plastic tarpaulins for transit to vegetables; certain fruits and vegetables though the regulations are all aimed at the airport and subsequent export to the grown in Canada; and certain fruits and excluding pink bollworm from the United States. vegetables grown in the British Virgin United States. Under this proposal, all Annual fresh tomato imports were Islands that are imported into the U.S. imports from pink bollworm-infested valued at about $852 million on average Virgin Islands; may be imported without areas would be subject to the same for the period 2000–2004. This a permit, while all other fruits and requirements. The proposed conditions represents more than 14 percent of the vegetables must be imported under would be equivalent to our domestic value of all fruit and vegetable imports permit. Because this change merely regulations that pertain to pink in that period. Fresh tomato imports are removes an unnecessarily confusing bollworm. primarily from Mexico, which distinction between specific and general In 2004, okra was imported from 11 represents nearly 70 percent of the value written permits, the change should have countries into the United States with a of tomato imports from all countries for minor, but positive impact on users. value of $17.4 million. Mexico has been that period. Other important origin Other current provisions regarding the primary source of these imports. In countries for U.S. imports of fresh application for permits; issuance of 2004, Mexico accounted for nearly 70 tomatoes are Canada and the permits; amendment, denial, or percent of the imports. Other major Netherlands. withdrawal of permits; and appeals sources are El Salvador, Honduras and would be relocated in this proposed Nicaragua, together accounting for about Complying with the provisions of this rule. The provisions for applying for 31 percent of the imports in 2004. change could represent added cost to permits would also be updated to reflect Currently, the regulations contain importers. However, this additional cost the various means now available for varying restrictions on the importation should be small since the change applying for permits. These changes of okra from countries where pink represents a change in the rigorousness would not affect program operations, bollworm is known to exist. These of the packaging and containers and should therefore have little, if any, restrictions include fumigation of protecting against attack by insects, not impact on users of the system. imports from pink bollworm infested whether the tomatoes are protected. The This proposed rule would also add countries that are moving into infested current regulations already require new provisions to the regulations which areas of the U.S. The proposed packaging and containers to be fruit-fly would authorize APHIS to issue special conditions would remove this proof. Therefore, the change should use permits that authorize the restriction. This may reduce the cost have little impact on importers of importation of small lots of fruits or associated with some imports. However, tomatoes. We welcome comments on vegetables that are otherwise prohibited this change would primarily impact the size of this added cost. importation under the regulations. Mexican imports. Mexico is already, by In sum, APHIS expects little impact These permits would provide for the far, the U.S.’ largest foreign source of on the total volume of U.S. imports of importation of fruits and vegetables for okra. In addition, this change would fruits and vegetables, with small effects special events such as trade shows and only affect a limited portion of those on U.S. marketers and consumers. In for scientific research. In each case, okra imports. Therefore, this change addition, those additional measures in such imports would only be allowed should have at most a minor effect on this proposal that affect specific under strict conditions approved by the okra imports and domestic okra prices. commodities are also expected to have administrator to address the particular This rule would also update the limited impact. The main portions of risk posed by the particular imported regulations to reflect current APHIS this proposal, if adopted, would fruit or vegetable. This change could operating practices regarding biometric represent a significant structural facilitate future trade opportunities, sampling of apricots, nectarines, revision of the fruits and vegetables scientific research, and potentially pest peaches. Plumcot, and plums from import regulations and would establish management, but would have little Chile. Under the rule, the current a new process for approving certain new direct impact on imports or consumers. sampling regimens would be removed commodities for importation into the This proposed rule would revise, and replaced with provisions that United States. However, those reorganize and update some of the require sampling, but do not specify the commodity import requests most likely regulations, update terms and remove percentage of fruit to be sampled or the to qualify for the notice-based process outdated requirements and references, confidence level of the inspection. Chile are small in stature. This is either and make various editorial and is the primary source of U.S. stone fruit because they are for specialty crops nonsubstantive changes to regulations to imports, accounting for more than 97 unavailable or limited in availability in make them easier to use. The proposed percent $73 million in such imports in the United States, or are for crops grown reorganization of the regulations would 2005. However, these modifications in limited quantities in the requesting not affect any requirements for proposed in this rule do not represent area. In addition, the proposed rule importing commodities but would a change in current program operations would not alter the conditions for

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importing the majority of currently • An identification, to the extent most domestic fruit and vegetable approved fruits or vegetables. practicable, of all relevant Federal rules production to be seasonal, with the Of particular note with respect to the that may duplicate, overlap, or conflict largest harvests occurring during the proposed changes to the approval with the proposed rule; and summer and fall. Imports supplement process, the change would merely allow • Descriptions of any significant domestic supplies, especially of fresh a new commodity import to move more alternatives to the proposed rule which products during the winter, resulting in quickly into commerce to the benefit of accomplish the stated objectives of increased choices for consumers. Even consumers once it has been determined applicable statutes and which minimize where the new imports would compete that the commodity can be safely any significant economic impact of the directly with domestic production, imported subject to one or more proposed rule on small entities. consumers would benefit when designated risk management measures. Our responses to these requirements increased competition results in lower The proposed rule would not alter the follow. prices. manner in which the risk associated Rationale Under the regulations in ‘‘Subpart— with a commodity import request is Fruits and Vegetables,’’ APHIS prohibits evaluated, nor would it alter the manner This proposed rule would revise and or restricts the importation of fresh in which those risks are ultimately reorganize the regulations pertaining to fruits and vegetables into the United mitigated. Consumers would have the importation of fruits and vegetables States from certain parts of the world to quicker access to imported fruits and to consolidate requirements of generally prevent the introduction and spread of vegetables, though risks would still be applicability and eliminate redundant plant pests that are new to or not widely evaluated and appropriate mitigations requirements, update terms and remove distributed within the United States. required, as they are currently. Also, outdated requirements and references, update the regulations that apply to Description and Estimate of Small given the growing number of requests to Entities ship foreign fruits and vegetables to the importations of fruits and vegetables United States, some trading partners into U.S. territories, and make various Those entities most likely to be may perceive the time required to editorial and nonsubstantive changes to economically affected by the proposed conduct the rulemaking process as a regulations to make them easier to use. rule are domestic importers and barrier to trade. Such perception may APHIS is also proposing to make producers of fruits and vegetables. The impede their consideration of U.S. substantive changes to the regulations, Small Business Administration (SBA) requests to ship U.S. commodities to including: (1) Establishing criteria has established guidelines for their markets. To the extent to which within the regulations that, if met, determining which establishments are trading partners consider the time it would allow APHIS to approve certain to be considered small. Import/export takes to conduct the rulemaking process new fruits and vegetables for merchants, agents and brokers are a trade barrier, by reducing that time; importation into the United States and identified within the broader this rule may facilitate the export of U.S. to acknowledge pest-free areas in wholesaling trade sector. A firm agricultural commodities. foreign countries without undertaking primarily engaged in wholesaling fresh rulemaking; (2) doing away with the fruits and vegetables is considered small Initial Regulatory Flexibility Analysis process of listing specific commodities if it employs not more than 100 persons. The Regulatory Flexibility Act of 1980 that may be imported subject to certain In 1997,19 more than 96 percent (5,456 (Pub. L. 96–354) requires agencies to types of risk management measures; and of 5,657) of fresh fruit and vegetable evaluate the potential effects of (3) providing for the issuance of special wholesalers would be considered small proposed and final rules on small use permits for fruits and vegetables. by SBA standards.20 All types of fruit businesses, small organizations, and These changes are necessary to simplify and vegetable farms are considered small governmental jurisdictions. and expedite the APHIS process for small if they have annual receipts of Section 603 of the Act requires approving new imports and pest-free $0.75 million or less. With some agencies to prepare and make available areas while continuing to allow for exceptions, vegetable and melon farms for public comment an initial regulatory public participation in the process. are largely individually owned and relatively small, with two-thirds flexibility analysis (IRFA) describing the Objectives and Legal Basis impacts of rules on small entities. harvesting fewer than 25 acres. In 2002, Section 603(b) of the Act specifies the By eliminating the need for specific between 80 and 84 percent of vegetable content of an IRFA. Each IRFA must prior rulemaking for notice-based and melon farms would be considered contain: process commodities, considerable time small. Similarly, although numbers have • A description of the reasons why savings could be reaped. The current declined, fruit and tree nut production action by the agency is being process for approving new imports takes is still dominated by small, family or considered; a notable period of time, ranging on individually-run farm operations. In • A succinct statement of the average from 18 months to 3 years 2002, between 92 and 95 percent of all objectives of, and legal basis for, the (beginning with the initial request and fruit and tree nut farms would be proposed rule; ending with the publication of the final considered small.21 • A description and, where feasible, rule). The number of entities that would be an estimate of the number of small Consumers benefit from the ability to affected by this proposed rule is entities to which the proposed rule will purchase fruits and vegetables from a apply; variety of sources, foreign as well as 19 Establishment and firm size is not yet available • A description of the projected domestic. Many of the commodities that for the 2002 Economic Census. 20 1997 Economic Census. Department of reporting, recordkeeping, and other would be covered by this proposed rule Commerce. U.S. Bureau of the Census. North compliance requirements of the would be niche products, unavailable or American Industry Classification System (NAICS) proposed rule, including an estimate of limited in availability in the United Category—424480; Fresh fruit & vegetable the classes of small entities which will States. This proposed rule would allow wholesalers. 21 1997 Census of Agriculture. U.S. Department of be subject to the requirement and the importers to more quickly meet Agriculture, National Agricultural Statistics type of professional skills necessary for consumer demand for those niche Service. NAICS Categories—1112: Vegetable and preparation of the report of record; products. In addition, climate causes melon farming; 1113: Fruit and tree nut farming.

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unknown but those affected would rejected. We believe that the new 4321 et seq.) would still apply. As such, likely be considered small. However, approach would enable us to be more for each additional fruit or vegetable based on the information that is responsive to the import requests of our approved for importation, APHIS would available, the effects of this proposed trading partners while maintaining the make available to the public rule should be small whether the entity transparency of our decisionmaking documentation related to our analysis of affected is small or large. Those afforded by notice-and-comment the potential environmental effects of commodity import requests most likely rulemaking. such new imports. This documentation to qualify for the notice-based process Prior to 1987, APHIS authorized the would likely be made available at the are small in stature. This is either importation of a fruit or vegetable by same time and via the same Federal because they are for specialty crops simply issuing a permit once the Register notice as the risk analysis for unavailable or limited in availability in Agency was satisfied that the relevant the proposed new import. the United States, or are for crops grown criteria in the regulations had been met. in limited quantities in the requesting Another alternative to this proposed Paperwork Reduction Act area. This proposal would merely allow rule would be to return to this method In accordance with section 3507(d) of a new commodity import to move more of authorizing fruit and vegetable the Paperwork Reduction Act of 1995 quickly into commerce to the benefit of importations. This approach is (44 U.S.C. 3501 et seq.), the information consumers once it has been determined unsatisfactory, because it does not collection requirements included in this that the commodity can be safely provide the opportunity for public proposed rule have been submitted for imported subject to one or more analysis of and comment on the science approval to the Office of Management designated risk management measures. associated with such imports. Therefore, and Budget (OMB). Please send written Hence, we expect little impact on the this alternative was rejected. We believe comments to the Office of Information total volume of U.S. imports of fruits that the new approach would enable us and Regulatory Affairs, OMB, Attention: and vegetables, with small effects on to be more responsive to the import Desk Officer for APHIS, Washington, DC U.S. marketers and consumers. requests of our trading partners while 20503. Please state that your comments Nevertheless, we invite public maintaining the transparency of our refer to Docket No. APHIS–2005–0106. comment on the proposed rule— decisionmaking afforded by notice-and- Please send a copy of your comments to: including any comment on the expected comment rulemaking. (1) Docket No. APHIS–2005–0106, impacts for small entities, and on how Future Analyses Regulatory Analysis and Development, the proposed rule could be modified to PPD, APHIS, Station 3A–03.8, 4700 reduce expected costs or burdens for If this rule is adopted as a final rule, River Road Unit 118, Riverdale, MD small entities consistent with its the requirements of Executive Order 20737–1238, and (2) Clearance Officer, objectives. Any comment suggesting 12866 or the Regulatory Flexibility Act OCIO, USDA, room 404–W, 14th Street changes to the proposed criteria should will be met through the analyses that and Independence Avenue, SW., be supported by an explanation of why accompany the final rule. The economic Washington, DC 20250. A comment to the changes should be considered. effects of importing the specific OMB is best assured of having its full commodities that are approved using Reporting, Recordkeeping, and Other effect if OMB receives it within 30 days the streamlined approach would not be of publication of this proposed rule. Compliance Requirements for Small analyzed at the point of approval, since In this document, APHIS is Entities such approval would occur without proposing, among other things, to The proposed rule contains, under the additional rulemaking. establish a regulatory framework that heading ‘‘Paperwork Reduction Act,’’ a Executive Order 12988 would allow us to approve certain new description of the information collection fruits and vegetables for importation and recordkeeping requirements This proposed rule has been reviewed into the United States more effectively associated with the proposed rule. under Executive Order 12988, Civil Justice Reform. If this proposed rule is and expeditiously. These changes are Duplication, Overlap or Conflict With adopted: (1) All State and local laws and intended to simplify and expedite our Other Federal Rules regulations that are inconsistent with processes for approving certain new APHIS is unaware of any Federal this rule will be preempted; (2) no imports and pest-free areas while rules that are duplicative, overlapping, retroactive effect will be given to this continuing to allow for public or conflicting with this proposed rule. rule; and (3) administrative proceedings participation in the processes. will not be required before parties may Under this proposed rule, APHIS may Alternatives file suit in court challenging this rule. authorize the importation of additional One alternative to this proposed rule fruits and vegetables subject to would be to simply continue under National Environmental Policy Act permitting and phytosanitary APHIS’ current process of authorizing The majority of the regulatory changes certification requirements. While the the importation of fruits and vegetables. proposed in this document are specific commodities that may be In this case, we would continue to list nonsubstantive, and would therefore approved for importation using the new all newly approved fruits and vegetables have no effects on the environment. approach described in the proposed rule in the regulations through notice-and- However, this proposal, if adopted, are unknown at this time, we have comment rulemaking, as we have been would allow APHIS to approve certain estimated the potential reporting burden doing since 1987. This approach is new fruits and vegetables for on the public that could arise if the new unsatisfactory, because the number of importation into the United States approach is adopted. The new burden requests we receive from foreign without undertaking rulemaking. would be in the form of phytosanitary exporters and domestic importers to Despite the fact that those fruits and certificate requirements for some, and amend the regulations has been steadily vegetable imports would no longer be permit requirements for all, newly increasing. Maintaining the current contingent on the completion of approved commodities. process will make it difficult to keep rulemaking, the requirements of the We are soliciting comments from the pace with the volume of import National Environmental Policy Act of public (as well as affected agencies) requests. Therefore, this alternative was 1969 (NEPA), as amended (42 U.S.C. concerning our proposed information

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collection requirements. These treatment, Heat treatment, Imports, certifying that treatment was applied in comments will help us: Irradiation, Phytosanitary treatment, accordance with APHIS regulations. The (1) Evaluate whether the proposed Plant diseases and pests, Quarantine, phytosanitary certificate must be information collection is necessary for Quick freeze, Reporting and provided to an inspector when the the proper performance of our agency’s recordkeeping requirements, commodity is offered for entry into the functions, including whether the Transportation. United States. During the entire interval information will have practical utility; between treatment and export, the 7 CFR Part 319 (2) Evaluate the accuracy of our consignment must be stored and estimate of the burden of the proposed Coffee, Cotton, Fruits, Imports, Logs, handled in a manner that prevents any information collection, including the Nursery stock, Plant diseases and pests, infestation by pests and noxious weeds. validity of the methodology and Quarantine, Reporting and 4. Section 305.15 would be revised to assumptions used; recordkeeping requirements, Rice, read as follows: (3) Enhance the quality, utility, and Vegetables. § 305.15 Treatment requirements. clarity of the information to be 7 CFR Part 352 collected; and (a) Approval of treatment facilities. (4) Minimize the burden of the Customs duties and inspection, All facilities or locations used for information collection on those who are Imports, Plant diseases and pests, refrigerating fruits or vegetables in to respond (such as through the use of Quarantine, Reporting and accordance with § 305.16 must be appropriate automated, electronic, recordkeeping requirements, approved by APHIS. Re-approval of the mechanical, or other technological Transportation. facility or carrier is required annually, collection techniques or other forms of Accordingly, we propose to amend 7 or as often as APHIS directs, depending information technology; e.g., permitting CFR chapter III as follows: on treatments performed, commodities handled, and operations conducted at electronic submission of responses). PART 305—PHYTOSANITARY Estimate of burden: Public reporting the facility. In order to be approved, TREATMENTS burden for this collection of information facilities and carriers must: is estimated to average 0.8238 hours per 1. The authority citation for part 305 (1) Be capable of keeping treated and response. would continue to read as follows: untreated fruits, vegetables, or other Respondents: Importers, exporters, Authority: 7 U.S.C. 7701–7772 and 7781– articles separate so as to prevent and national plant protection 7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, reinfestation of articles and spread of organizations. 2.80, and 371.3. pests; Estimated annual number of (2) Have equipment that is adequate respondents: 1,120. § 305.2 [Amended] to effectively perform cold treatment. Estimated annual number of 2. In § 305.2, paragraph (i), the table (b) Places of treatment; ports of entry. responses per respondent: 3. would be amended as follows: Precooling and refrigeration may be Estimated annual number of a. In the entry for acorns and performed prior to, or upon arrival of responses: 3,360. chestnuts from all countries, by fruits and vegetables in the United Estimated total annual burden on removing the reference to ‘‘§ 319.56–2b’’ States, provided treatments are respondents: 2,768 hours. (Due to and adding a reference to ‘‘§ 319.56–11’’ performed in accordance with averaging, the total annual burden hours in its place. applicable requirements of this section. may not equal the product of the annual b. In the entry for yam from all Fruits and vegetables that are not treated number of responses multiplied by the countries, by removing the words ‘‘(See prior to arrival in the United States must reporting burden per response.) § 319.56–2l of this chapter)’’. be treated after arrival only in cold Copies of this information collection c. In the entry for papaya from Belize, storage warehouses approved by the can be obtained from Mrs. Celeste by removing the words ‘‘(See § 319.56– Administrator and located in the area Sickles, APHIS’ Information Collection 2(j) of this part)’’. north of 39° longitude and east of 104° Coordinator, at (301) 734–7477. d. In the entry for cherimoya from latitude or at one of the following ports: Chile, by removing the words ‘‘(See The maritime ports of Wilmington, NC; Government Paperwork Elimination § 319.56–2z of this chapter for Act Compliance Seattle, WA; Corpus Christi, TX; and additional treatment information)’’. Gulfport, MS; Seattle-Tacoma The Animal and Plant Health 3. A new § 305.3 would be added to International Airport, Seattle, WA; Inspection Service is committed to read as follows: Hartsfield-Atlanta International Airport, compliance with the Government § 305.3 Monitoring and certification of Atlanta, GA; and Washington Dulles Paperwork Elimination Act (GPEA), treatments. International Airport, Chantilly, VA. which requires Government agencies in (a) All treatments approved under (c) Cold treatment enclosures. All general to provide the public the option part 305 are subject to monitoring and enclosures in which cold treatment is of submitting information or transacting verification by APHIS. performed, including refrigerated business electronically to the maximum (b) Any treatment performed outside containers, must: extent possible. For information the United States must be monitored (1) Be capable of precooling and pertinent to GPEA compliance related to and certified by an inspector or an holding fruits or vegetables at this proposed rule, please contact Mrs. official from the national plant temperatures less than or equal to 2.2 °C Celeste Sickles, APHIS’ Information protection organization of the exporting (36 °F) or the maximum temperature Collection Coordinator, at (301) 734– country. If monitored and certified by prescribed in an approved treatment 7477. an official of the plant protection schedule for any fruit or vegetable that Lists of Subjects organization of the exporting country, is to be treated in the enclosure. the treated commodities must be (2) Maintain pulp temperatures 7 CFR Part 305 accompanied a phytosanitary certificate according to treatment schedules with Agricultural commodities, Chemical issued by the national plant protection no more than a 0.3 °C (0.54 °F) variation treatment, Cold treatment, Garbage organization of the exporting country in temperature.

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(3) Be structurally sound and temperature. Refrigeration continues and carelessness in applying the adequate to maintain required until the vessel arrives at the port of treatments may result in injury to the temperatures. destination and the fruit is released for fruit, or its rejection for entry. (4) Be equipped with recording unloading by an inspector even though (15) Additional requirements for devices, such that automatic, this may prolong the period required for treatments performed after arrival in the continuous temperature records are the cold treatment. United States. maintained and secured. Recording (8) Only the same type of fruit in the (i) Maritime port of Wilmington, NC. devices must be capable of generating same type of package may be treated Shipments of fruit arriving at the temperature charts for verification of together in a container; no mixture of maritime port of Wilmington, NC, for treatment by an inspector. fruits in containers will be treated. cold treatment, in addition to meeting (d) Precooling. Before loading in cold (9) Fruit must be stacked to allow cold all other applicable requirements of this treatment containers, packages of fruit air to be distributed throughout the section, must meet the following special must be precooled to a treatment enclosure, with no pockets of warmer conditions: temperature or to a uniform temperature air, and to allow random sampling of (A) Bulk shipments (those shipments not to exceed 4.5 °C (40 °F) or precooled pulp temperature in any location in which are stowed and unloaded by the at the terminal to 2.2 °C (36 °F). load. Temperatures must be recorded at case or bin) of fruit must arrive in fruit (1) Treatment in transit. Fruit that is intervals no longer than 1 hour apart. fly-proof packaging that prevents the to be treated in transit must be Gaps of longer than 1 hour may escape of adult, larval, or pupal fruit precooled either at a dockside invalidate the treatment or indicate flies. refrigeration plant prior to loading treatment failure. (B) Bulk and containerized shipments aboard the carrying vessel, or aboard the (10) Cold treatment is not completed of fruit must be cold-treated within the carrying vessel. If precooling is until so designated by an inspector or area over which the U.S. Department of accomplished prior to loading aboard the certifying official of the foreign Homeland Security is assigned the the carrying vessel, an authorized country; shipments of treated authority to accept entries of official of the country of origin must commodities may not be discharged merchandise, to collect duties, and to supervise the precooling operation and until full APHIS clearance has been enforce the various provisions of the certify the treatment by recording pulp completed, including review and customs and navigation laws in force. temperatures of fruit sampled at approval of treatment record charts. (C) Advance reservations for cold (11) Pretreatment conditioning (heat treatment space must be made prior to different locations of the lot to ensure ° that the precooling was complete and shock or 100.4 F for 10 to 12 hours) of the departure of a shipment from its uniform. fruits is optional and is the port of origin. (2) Treatment upon arrival in the responsibility of the shipper. (D) The cold treatment facility must United States. Fruit that is to be treated (12) Cold treatment of fruits in break- remain locked during non-working upon arrival in the United States must bulk vessels or containers must be hours. arrive at a temperature sufficiently low initiated by an inspector if there is not (ii) Maritime port of Seattle, WA. to prevent insect activity and must be a treatment technician who has been Shipments of fruit arriving at the promptly precooled and refrigerated. trained to initiate cold treatments for maritime port of Seattle, WA, for cold Fruit to be both precooled and either break-bulk vessels or containers. treatment, in addition to meeting all refrigerated after arrival in the United (13) Inspection of fruits after cold other applicable requirements of this States must be delivered to the treatment for Mediterranean fruit fly. An section, must meet the following special treatment facility subject to safeguards inspector will sample and cut fruit from conditions: required by an inspector. each shipment cold treated for (A) Bulk shipments (those shipments (e) Treatment procedures. Mediterranean fruit fly (Medfly) to which are stowed and unloaded by the (1) All material, labor, and equipment monitor treatment effectiveness. If a case or bin) of fruit must arrive in fruit for cold treatment performed on vessels single live Medfly in any stage of fly-proof packaging that prevents the must be provided by the vessel or vessel development is found, the shipment escape of adult, larval, or pupal fruit agent. will be held until an investigation is flies. (2) Refrigeration must be completed in completed and appropriate remedial (B) Bulk and containerized shipments the container, compartment, or room in actions have been implemented. If of fruit must be cold-treated within the which it is begun APHIS determines at any time that the area over which the U.S. Department of (3) Fruit that may be cold treated must safeguards contained in this section do Homeland Security is assigned the be safeguarded to prevent cross- not appear to be effective against the authority to accept entries of contamination or mixing with other Medfly, APHIS may suspend the merchandise, to collect duties, and to infested fruit. importation of fruits from the enforce the various provisions of the (4) Breaks, damage, etc., in the originating country and conduct an customs and navigation laws in force. treatment enclosure that preclude investigation into the cause of the (C) Advance reservations for cold maintaining correct temperatures must deficiency. treatment space must be made prior to be repaired before use. (14) Caution and disclaimer. The cold the departure of a shipment from its (5) An inspector must approve treatments required for the entry of fruit port of origin. loading of compartment, number and are considered necessary for the (D) The cold treatment facility must placement of sensors, and initial fruit elimination of plant pests, and no remain locked during non-working temperature readings before beginning liability shall attach to the U.S. hours. the treatment. Department of Agriculture or to any (E) Blacklight or sticky paper must be (6) At least three temperature sensors officer or representative of that used within the cold treatment facility, must be used in the treatment Department in the event injury results to and other trapping methods, including compartment during treatment. fruit offered for entry in accordance Jackson/methyl eugenol and McPhail (7) The time required to complete the with these instructions. In prescribing traps, must be used within the 4 square treatment begins when the temperature cold treatments of certain fruits, it miles surrounding the cold treatment inside the fruit reaches the required should be emphasized that inexactness facility.

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(F) The cold treatment facility must that prevents the escape of adult, larval, before each use and ensure sensors are have contingency plans, approved by or pupal fruit flies. calibrated. An inspector may approve, the Administrator, for safely destroying (C) All shipments of fruit arriving at adjust, or reject the treatment. or disposing of fruit. the port for cold treatment must be cold (g) Compliance agreements. Facilities (iii) Airports of Atlanta, GA and treated within the area over which the located in the United States must Seattle, WA. Shipments of fruit arriving U.S. Department of Homeland Security operate under a compliance agreement at the airports of Atlanta, GA, and is assigned the authority to accept with APHIS. The compliance agreement Seattle, WA, for cold treatment, in entries of merchandise, to collect duties, must be signed by a representative of addition to meeting all other applicable and to enforce the various provisions of the cold treatment facility and APHIS. requirements of this section, must meet the customs and navigation laws in The compliance agreement must contain the following special conditions: force. requirements for equipment, (A) Bulk and containerized shipments (D) The cold treatment facility and temperature, circulation, and other of fruit must arrive in fruit fly-proof APHIS must agree in advance on the operational requirements for performing packaging that prevents the escape of route by which shipments are allowed cold treatment to ensure that treatments adult, larval, or pupal fruit flies. to move between the vessel on which are administered properly. Compliance (B) Bulk and containerized shipments they arrived at the port and the cold agreements must allow officials of of fruit arriving for cold treatment must treatment facility. The movement of APHIS to inspect the facility to monitor be cold treated within the area over shipments from vessel to cold treatment compliance with the regulations. which the U.S. Department of facility will not be allowed until an (h) Work plans. Facilities located Homeland Security is assigned the acceptable route has been agreed upon. outside the United States may operate in authority to accept entries of (E) Advance reservations for cold accordance with a bilateral work plan. merchandise, to collect duties, and to treatment space at the port must be The work plan, if and when required, enforce the various provisions of the made prior to the departure of a must be signed by a representative of customs and navigation laws in force. shipment from its port of origin. (C) The cold treatment facility and (F) Devanning, the unloading of fruit the cold treatment facility, the national APHIS must agree in advance on the from containers into the cold treatment plant protection organization of the route by which shipments are allowed facility, must adhere to the following country of origin (NPPO), and APHIS. to move between the aircraft on which requirements: The work plans must contain they arrived at the airport and the cold (1) All containers must be unloaded requirements for equipment, treatment facility. The movement of within the cold treatment facility; and temperature, circulation, and other shipments from aircraft to cold (2) Untreated fruit may not be operational requirements for performing treatment facility will not be allowed exposed to the outdoors under any cold treatment to ensure that cold until an acceptable route has been circumstances. treatments are administered properly. agreed upon. (G) The cold treatment facility must Work plans for facilities outside the (D) Advance reservations for cold remain locked during non-working United States may also include trust treatment space must be made prior to hours. fund agreement information regarding the departure of a shipment from its (H) Blacklights or sticky paper must payment of the salaries and expenses of port of origin. be used within the cold treatment APHIS employees on site. Work plans (E) The cold treatment facility must facility, and other trapping methods, must allow officials of the NPPO and remain locked during non-working including Jackson/methyl eugenol and APHIS to inspect the facility to monitor hours. McPhail traps, must be used within the compliance with APHIS regulations. 4 square miles surrounding the cold (F) Blacklight or sticky paper must be § 305.17 [Amended] used within the cold treatment facility, treatment facility at the maritime port of and other trapping methods, including Gulfport, MS, and within the 5 square 5. In § 305.17, paragraph (a) would be Jackson/methyl eugenol and McPhail miles surrounding the cold treatment amended by removing the citation traps, must be used within the 4 square facility at the maritime port of Corpus ‘‘319.56–2c’’ and adding the citation miles surrounding the cold treatment Christi, TX. ‘‘319.56–12’’ in its place. facility. (I) During cold treatment, a backup (G) The cold treatment facility must system must be available to cold treat PART 319—FOREIGN QUARANTINE have contingency plans, approved by the shipments of fruit should the NOTICES primary system malfunction. The the Administrator, for safely destroying 6. The authority citation for part 319 facility must also have one or more or disposing of fruit. would continue to read as follows: (iv) Maritime ports of Gulfport, MS, reefers (cold holding rooms) and and Corpus Christi, TX. Shipments of methods of identifying lots of treated Authority: 7 U.S.C. 450, 7701–7772, and fruit arriving at the ports of Gulfport, and untreated fruits. 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR MS, and Corpus Christi, TX, for cold (J) The cold treatment facility must 2.22, 2.80, and 371.3. treatment, in addition to meeting all have the ability to conduct methyl § 319.28 [Amended] other applicable requirements of this bromide fumigations on site. section, must meet the following special (K) The cold treatment facility must 7. Section 319.28 would be amended conditions: have contingency plans, approved by as follows: (A) All fruit entering the port for cold the Administrator, for safely destroying a. In paragraph (a)(2), the words treatment must move in maritime or disposing of fruit. ‘‘(except as provided by § 319.56–2f of containers. No bulk shipments (those (f) Monitoring. Treatment must be this part)’’ would be removed. shipments which are stowed and monitored by an inspector to ensure b. In paragraph (e), the words ‘‘the unloaded by the case or bin) are proper administration of the treatment. Fruits and Vegetables Quarantine permitted. An inspector must also approve the (§ 319.56)’’ would be removed and the (B) Within the container, the fruit recording devices and sensors used to words ‘‘Subpart—Fruits and Vegetables intended for cold treatment must be monitor temperatures and conduct an of this part’’ would be added in their enclosed in fruit fly-proof packaging operational check of the equipment place.

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§ 319.37–2 [Amended] 319.56–35 Persimmons from the Republic Country of origin. Country where the 8. In § 319.37–2, paragraph (a), in the of Korea. plants from which the plant products table, the entry for ‘‘Cocos nucifera’’ 319.56–36 Watermelon, squash, cucumber, are derived were grown. would be amended by removing the and oriental melon from the Republic of Cucurbits. Any plants in the family Korea. Cucurbitaceae. citation ‘‘§ 319.56’’ in column 1 and 319.56–37 Grapes from the Republic of adding the citation ‘‘§ 319.56–11’’ in its Korea. Field. A plot of land with defined place. 319.56–38 Clementines, mandarins, and boundaries within a place of production tangerines from Chile. on which a commodity is grown. § 319.40–2 [Amended] 319.56–39 Fragrant pears from China. Fruits and vegetables. A commodity 9. In § 319.40–2, paragraph (c) would 319.56–40 Peppers from certain Central class for fresh parts of plants intended be amended by removing the words American countries. for consumption or processing and not ‘‘§§ 319.56 through 319.56–8,’’. for planting. Subpart—Fruits and Vegetables Import and importation. To move § 319.40–9 [Amended] § 319.56–1 Notice of quarantine. into, or the act of movement into, the 10. In § 319.40–9, paragraph (a)(4)(i), territorial limits of the United States. footnote 4 would be amended by (a) Under § 412(a) of the Plant Inspector. Any individual authorized removing the words ‘‘§§ 319.56 through Protection Act, the Secretary of by the Administrator of APHIS or the 319.56–8,’’. Agriculture may prohibit or restrict the Commissioner of the Bureau of Customs importation and entry of any plant or § 319.41a [Amended] and Border Protection, Department of plant product if the Secretary Homeland Security, to enforce the 11. In § 319.41a, paragraph (c) would determines that the prohibition or be amended by removing the citation regulations in this subpart. restriction is necessary to prevent the Lot. A number of units of a single ‘‘§ 319.56–2’’ and adding the citation introduction into the United States or commodity, identifiable by its ‘‘§ 319.56–3’’ in its place. the dissemination within the United homogeneity of composition and origin, 12. Subpart—Fruits and Vegetables, States of a plant pest or noxious weed. §§ 319.56 through 319.56–8, would be forming all or part of a consignment. (b) The Secretary has determined that National plant protection revised to read as follows: it is necessary to prohibit the organization. Official service importation into the United States of Subpart—Fruits and Vegetables established by a government to fruits and vegetables and associated discharge the functions specified by the Sec. plants and portions of plants except as International Plant Protection 319.56–1 Notice of quarantine. provided in this part. Convention. 319.56–2 Definitions. § 319.56–2 Definitions. Noncommercial consignment. A lot of 319.56–3 General requirements for all fruits or vegetables that an inspector imported fruits and vegetables. Above ground parts. Any plant parts, identifies as having been imported for 319.56–4 Approval of certain fruits and such as stems, leaves, fruit, or vegetables for importation. personal use and not for sale. inflorescence (flowers), that grow solely Permit. A written, oral, or 319.56–5 Pest-free areas. above the soil surface. 319.56–6 Trust fund agreements. electronically transmitted authorization 319.56–7 Territorial applicability and Administrator. The Administrator of to import fruits or vegetables in exceptions. the Animal and Plant Health Inspection accordance with this subpart. 319.56–8 through 319.56–9 [Reserved] Service, United States Department of Phytosanitary certificate. A 319.56–10 Importation of fruits and Agriculture, or any other employee of document, including electronic vegetables from Canada. the United States Department of versions, that is related to a 319.56–11 Importation of dried, cured, or Agriculture delegated to act in his or her consignment and that: processed fruits, vegetables, nuts, and stead. (1) Is patterned after the model legumes. APHIS. The Animal and Plant Health certificate of the International Plant 319.56–12 Importation of frozen fruits and Inspection Service, United States vegetables. Protection Convention (IPPC), a 319.56–13 Additional requirements for Department of Agriculture. multilateral convention on plant certain fruits and vegetables. Commercial consignment. A lot of protection under the authority of the 319.56–14 through 319.56–19 [Reserved] fruits or vegetables that an inspector Food and Agriculture Organization of 319.56–20 Apples and pears from Australia identifies as having been imported for the United Nations (FAO); (including Tasmania) and New Zealand. sale and distribution. Such (2) Is issued by an official of a foreign 319.56–21 Okra from certain countries. identification will be based on a variety national plant protection organization in 319.56–22 Apples and pears from certain of indicators, including, but not limited one of the five official languages of the countries in Europe. to: Quantity of produce, type of FAO; 319.56–23 Apricots, nectarines, peaches, packaging, identification of grower or plumcot, and plums from Chile. (3) Is addressed to the plant 319.56–24 Lettuce and peppers from Israel. packing house on the packaging, and protection service of the United States 319.56–25 Papayas from Central America documents consigning the fruits or (Animal and Plant Health Inspection and Brazil. vegetables to a wholesaler or retailer. Service); 319.56–26 Melon and watermelon from Commodity. A type of plant, plant (4) Describes the consignment; certain countries in South America. product or other regulated article being (5) Certifies the place of origin for all 319.56–27 Fuji variety apples from Japan moved for trade or other purpose. contents of the consignment; and the Republic of Korea. Consignment. A quantity of plants, (6) Certifies that the consignment has 319.56–28 Tomatoes from certain countries. plant products, and/or other articles, been inspected and/or tested according 319.56–29 Ya variety pears from China. including fruits or vegetables, being to appropriate official procedures and is 319.56–30 Hass avocados from Michoacan, Mexico. moved from one country to another and considered to be free from quarantine 319.56–31 Peppers from Spain. covered, when required, by a single pests of the United States; 319.56–32 Peppers from New Zealand. phytosanitary certificate (a consignment (7) Contains any additional 319.56–33 Mangoes from the Philippines. may be composed of one or more declarations required by this subpart; 319.56–34 Clementines from Spain. commodities or lots). and

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(8) Certifies that the consignment specifically provided otherwise in this must do so by faxing their application conforms with the phytosanitary subpart. to: Animal and Plant Health Inspection requirements of the United States and is (a) Freedom from plant debris. All Service, Plant Protection and considered eligible for importation fruits and vegetables imported under Quarantine, Permit Services, (301) 734– pursuant to the laws and regulations of this subpart, whether in commercial or 5786. the United States. noncommercial consignments, must be (3) Issuance of permits. If APHIS Phytosanitary measure. Any free from plant debris, as defined in approves a permit application, APHIS legislation, regulation or official § 319.56–2; will issue a permit specifying the procedure having the purpose to (b) Permit. (1) All fruits and conditions applicable to the importation prevent the introduction and/or spread vegetables imported under this subpart, of the fruit or vegetable. of quarantine pests, or to limit the whether commercial or noncommercial (4) Issuance of oral permits. Oral economic impact of regulated non- consignments, must be imported under permits may be issued at ports of entry quarantine pests. permit issued by APHIS, must be for noncommercial consignments if the Place of production. Any premises or imported under the conditions specified commodity is admissible with collection of fields operated as a single in the permit, and must be imported in inspection only. Oral permits may be production or farming unit. This may accordance with all applicable issued for commercial consignments of include a production site that is regulations in this part; except for: fruits and vegetables that are not separately managed for phytosanitary (i) Dried, cured, or processed fruits accompanied by a written permit upon purposes. and vegetables (except frozen fruits and arrival in the United States if all vegetables), including cured figs and applicable entry requirements are met Plant debris. Detached leaves, twigs, dates, raisins, nuts, and dried beans and and proof of application for a written or other portions of plants, or plant litter peas, except certain acorns and permit is supplied to an inspector. or rubbish as distinguished from chestnuts subject to § 319.56–11 of this (5) Amendment, denial, or withdrawal approved parts of clean fruits and subpart; of permits. The Administrator may vegetables, or other commercial articles. (ii) Fruits and vegetables grown in amend, deny, or withdraw a permit at Port of first arrival. The first port Canada (except potatoes from any time if he or she determines that within the United States where a Newfoundland and that portion of the conditions exist that present an consignment is (1) offered for Municipality of Central Saanich in the unacceptable risk of the fruit or consumption entry or (2) offered for Province of British Columbia east of the vegetable introducing quarantine pests entry for immediate transportation in West Saanich Road, which are or noxious weeds into the United States. bond. prohibited importation into the United If the withdrawal is oral, the withdrawal Production site. A defined portion of States); and of the permit and the reasons for the a place of production utilized for the (iii) Fruits and vegetables except withdrawal will be confirmed in writing production of a commodity that is mangoes, grown in the British Virgin as promptly as circumstances allow. managed separately for phytosanitary Islands that are imported into the U.S. (6) Appeals. Any person whose purposes. This may include the entire Virgin Islands. permit has been amended, denied, or place of production or portions of it. (2) Applying for a permit. Permit withdrawn may appeal the decision in Examples of portions of places of applications must be submitted in writing to the Administrator within 10 production are a defined orchard, grove, writing or electronically as provided in days after receiving the written field, or premises. this paragraph and must be submitted in notification of the decision. The appeal Quarantine pest. A pest of potential advance of the proposed importation. must state all of the facts and reasons economic importance to the area Applications must state the country or upon which the person relies to show endangered by it and not yet present locality of origin of the fruits or that the permit was wrongfully there, or present but not widely vegetables, the anticipated port of first amended, denied, or withdrawn. The distributed there and being officially arrival, the name and address of the Administrator will grant or deny the controlled. importer in the United States, and the appeal, in writing, stating the reasons United States. All of the States of the identity (scientific name preferred) and for granting or denying the appeal, as United States, the Commonwealth of quantity of the fruit or vegetable. Use of promptly as circumstances permit. If Northern Mariana Islands, the PPQ Form 587 or Internet application is there is a conflict as to any material fact Commonwealth of Puerto Rico, the preferred. and the person who has filed an appeal District of Columbia, Guam, the Virgin (i) By mail. Persons who wish to requests a hearing, a hearing will be Islands of the United States, and any apply by mail for a permit to import held to resolve the conflict. Rules of other territory or possession of the fruits or vegetables into the United practice concerning the hearing will be United States. States must submit their application to adopted by the Administrator. The West Indies. The foreign islands lying the Animal and Plant Health Inspection permit withdrawal will remain in effect between North and South America, the Service, Plant Protection and pending resolution of the appeal or the Caribbean Sea, and the Atlantic Ocean, Quarantine, Permit Services, 4700 River hearing. divided into the Bahamas, the Greater Road, Unit 136, Riverdale, MD 20737– (7) Special use permits. The Antilles (including Hispaniola), and the 1236. Administrator may grant special use Lesser Antilles (including the Leeward (ii) Via the Internet. Persons who wish permits that authorize the importation Islands, the Windward Islands, and the to apply for a permit to import fruits or of small lots of fruits or vegetables that islands north of Venezuela). vegetables into the United States via the are otherwise prohibited importation internet must do so using APHIS Plant under this part, provided that the fruits § 319.56–3 General requirements for all Protection and Quarantine’s permit Web or vegetables: imported fruits and vegetables. site at http://www.aphis.usda.gov/ppq/ (i) Are not intended for commercial All fruits and vegetables that are permits/. distribution; allowed importation under this subpart (iii) By fax. Persons who wish to (ii) Are to be imported, transported, must be imported in accordance with apply by fax for a permit to import fruits and stored or displayed under specific the following requirements, except as or vegetables into the United States conditions which the Administrator has

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determined will mitigate the pest risk assemble the fruits and vegetables for and at the usual places of duty.1 The posed by the imported fruits or inspection at the port of first arrival, or owner of imported fruits or vegetables is vegetables; and at any other place designated by an responsible for all additional costs of (iii) Are to be consumed, disposed of, inspector, and in a manner designated inspection, treatment, movement, destroyed, or re-exported at a time and by the inspector. All fruits and storage, destruction, or other measures in a manner and place ordered by an vegetables must be accurately disclosed ordered by an inspector under this inspector or as specified in the permit. and made available to an inspector for subpart, including any labor, chemicals, (c) Ports of entry. (1) Fruits and examination. The owner or the agent packing materials, or other supplies vegetables must be imported into must provide an inspector with the required. APHIS will not be responsible specific ports if so required by this name and address of the consignee and for any costs or charges, other than subpart or by part 305 of this chapter, must make full disclosure of the type, those identified in this section. or if so required by a permit issued quantity, and country and locality of (f) APHIS not responsible for damage. under paragraph (b) of this section for origin of all fruits and vegetables in the APHIS assumes no responsibility for the importation of the particular fruit or consignment, either orally for any damage to fruits or vegetables that vegetable. If a permit issued for the noncommercial consignments or on an results from the application of importation of fruits or vegetables invoice or similar document for treatments or other measures required names specific port(s) where the fruits commercial consignments. under this subpart (or under part 305 of or vegetables must be imported, the this chapter) to protect against the fruits and vegetables may only be (2) Refusal of entry. If an inspector finds that an imported fruit or vegetable introduction of plant pests into the imported into the port(s) named in the United States. permit. If a permit issued for the is prohibited, or is not accompanied by importation of fruits or vegetables does required documentation, or is so § 319.56–4 Approval of certain fruits and not name specific port(s) where the infested with a plant pest or noxious vegetables for importation. weed that, in the judgment of the fruits or vegetables must be imported, (a) Determination by the inspector, it cannot be cleaned or the fruits and vegetables may be Administrator. The Administrator has treated, or contains soil or other imported into any port referenced in determined that the application of one prohibited contaminants, the entire lot paragraph (c)(2) of this section. or more of the designated phytosanitary or consignment may be refused entry (2) Fruits and vegetables imported measures cited in paragraph (b) of this into the United States. under this subpart may be imported into section to certain imported fruits and any port listed in 19 CFR 101.3(b)(1), (3) Release for movement. No person vegetables mitigates the risk posed by except as otherwise provided by part may move a fruit or vegetable from the those commodities, and that such fruits 319 or by a permit issued in accordance port of first arrival unless an inspector and vegetables may be imported into the with part 319, and except as provided has either: United States subject to one or more of in § 330.104 of this chapter. Fruits and (i) Released it; those measures, as provided in vegetables that are to be cold treated at (ii) Ordered treatment at the port of paragraphs (c) and (d) of this section. ports in the United States may only be The name and origin of all fruits and imported into specific ports as provided first arrival and, after treatment, released the fruit or vegetable; vegetables authorized importation under in § 305.15 of this chapter. this section, as well as the applicable (iii) Authorized movement of the fruit (d) Inspection, treatment, and other requirements for their importation may or vegetable to another location for requirements. All imported fruits or be found on the Internet at http:// treatment, further inspection, or vegetables are subject to inspection, are www.aphis.usda.gov/ppq/manuals/port/ destruction; or subject to such disinfection at the port FV_Chapters.htm. Commodities that of first arrival as may be required by an (iv) Ordered the fruit or vegetable to require phytosanitary measures other inspector, and are subject to be reexported. than one or more of the designated reinspection at other locations at the (4) Notice to owner of actions ordered phytosanitary measures cited in option of an inspector. If an inspector by inspector. If an inspector orders any paragraph (b) of this section may only finds plants or portions of plants, or a disinfection, cleaning, treatment, be imported in accordance with plant pest or noxious weed, or evidence reexportation, recall, destruction, or applicable requirements in § 319.56–3 of a plant pest or noxious weed on or other action with regard to imported and commodity-specific requirements in any fruit or vegetable or its container, fruits or vegetables while the shipment contained elsewhere in this subpart. or finds that the fruit or vegetable may is in foreign commerce, the inspector (b) Designated phytosanitary have been associated with other articles will issue an emergency action measures. infested with plant pests or noxious notification (PPQ Form 523) to the (1) Fruits or vegetables are subject to weeds, the owner or agent of the owner owner of the fruits or vegetables or to inspection upon arrival in the United of the fruit or vegetable must clean or the owner’s agent. The owner must, States and comply with all applicable treat the fruit or vegetable and its within the time and in the manner provisions of § 319.56–3. container as required by an inspector, specified in the PPQ Form 523, destroy (2) The fruits or vegetables are and the fruit or vegetable is also subject the fruits and vegetables, ship them to imported from a pest-free area in the to reinspection, cleaning, and treatment a point outside the United States, move country of origin and are accompanied at the option of an inspector at any time them to an authorized site, and/or apply by a phytosanitary certificate stating and place until all applicable treatments or other safeguards to the that the fruits or vegetables originated in requirements of this subpart have been fruits and vegetables as prescribed to a pest-free area in the country of origin. accomplished. prevent the introduction of plant pests (3) The fruits or vegetables are treated (1) Notice of arrival; assembly for or noxious weeds into the United States. in accordance with part 305 of this inspection. Any person importing fruits chapter. and vegetables into the United States (e) Costs and charges. APHIS will be responsible only for the costs of must offer those agricultural products 1 Provisions relating to costs for other services of for inspection and entry at the port of providing the services of an inspector an inspector are contained in part 354 of this first arrival. The owner or agent must during regularly assigned hours of duty chapter.

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(4) The fruits or vegetables are (2) Pest freedom. No quarantine pests originate from an area that is free of a inspected in the country of origin by an are known to be associated with the specific pest or pests. In some cases, inspector or an official of the national fruit or vegetable in the country or fruits or vegetables may only be plant protection organization of the region of origin, or a quarantine pest is imported if the area of export is free of exporting country, and have been found associated with the commodity in the all quarantine pests that attack the fruit free of one or more specific quarantine country or region of origin but the or vegetable. In other cases, fruits and pests identified by risk analysis as likely commodity originates from an area in vegetables may be imported if the area to follow the import pathway. the country or region that meets the of export is free of one or more (c) Fruits and vegetables authorized requirements of § 319.56–5 for freedom quarantine pests that attack the fruit or importation under this section. from that pest; vegetable, and provided that the risk (1) Previously approved fruits and (3) Effectiveness of treatment. A posed by the remaining quarantine pests vegetables. Fruits and vegetables that quarantine pest is associated with the that attack the fruit or vegetable is were authorized importation under this fruit or vegetable in the country or mitigated by other specific subpart either directly by permit or by region of origin, but the risk posed by phytosanitary measures contained in the specific regulation as of [effective date the pest can be reduced by applying an regulations in this subpart. of final rule] and that were subject only approved post-harvest treatment to the (a) Application of international to one or more of the designated fruit or vegetable. standard for pest free areas. APHIS phytosanitary measures cited in (4) Pre-export inspection. A requires that determinations of pest-free paragraph (b) of this section and the quarantine pest is associated with the areas be made in accordance with the general requirements of § 319.56–3, may commodity in the country or region of criteria for establishing freedom from continue to be imported into the United origin, but the commodity is subject to pests found in International Standard States under the same requirements that pre-export inspection, and the for Phytosanitary Measures No. 4, applied before [effective date of final commodity is to be accompanied by a ‘‘Requirements for the establishment of rule], except as provided in paragraph phytosanitary certificate that contains pest free areas.’’ The international (d) of this section. an additional declaration that the standard was established by the (2) Other fruits and vegetables. Fruits commodity has been inspected and International Plant Protection and vegetables that do not meet the found free of such pests in the country Convention of the United Nations’ Food criteria in paragraph (c)(1) of this or region of origin. and Agriculture Organization and is section may be authorized importation (ii) Issuance of import permits. The incorporated by reference in § 300.6 of under this section as follows: Administrator announced in a this chapter. (i) Pest risk analysis. The risk posed subsequent Federal Register notice that (b) Survey protocols. APHIS must by the particular fruit or vegetable from APHIS would begin issuing permits for approve the survey protocol used to a specified country or other region has importation of the fruit or vegetable determine and maintain pest-free status, been evaluated and publicly subject to requirements specified in the as well protocols for actions to be communicated as follows: notice because: performed upon detection of a pest. (A) Availability of pest risk analysis. (A) No comments were received on Pest-free areas are subject to audit by APHIS published in the Federal the pest risk analysis; APHIS to verify their status. Register, for a minimum of 60 days (B) The comments on the pest risk (c) Determination of pest freedom. For public comment, a notice announcing analysis revealed that no changes to the an area to be considered free of a the availability of a pest risk analysis pest risk analysis were necessary; or specified pest for the purposes of this that evaluated the risks associated with (C) Changes to the pest risk analysis subpart, the Administrator must the importation of the particular fruit or were made in response to public determine, and announce in a notice or vegetable. comments, but the changes did not rule published in the Federal Register, (B) Determination of risk; factors affect the overall conclusions of the that the area meets the criteria of considered. The Administrator analysis and the Administrator’s paragraphs (a) and (b) of this section. determined, and announced in the determination of risk. (d) Decertification of pest-free areas; notice referred to in the previous (d) Amendment of import reinstatement. If a pest is detected in an paragraph, that, based on the requirements. If, after [effective date of area that is designated as free of that information available, the application of final rule] the Administrator determines pest, APHIS would publish in the one or more of the designated that one or more of the designated Federal Register a notice announcing phytosanitary measures described in phytosanitary measures is not sufficient that the pest-free status of the area in paragraph (b) of this section is sufficient to mitigate the risk posed by any of the question has been withdrawn, and that to mitigate the risk that plant pests or fruits and vegetables that are authorized imports of host crops for the pest in noxious weeds could be introduced into importation into the United States question are subject to application of an or disseminated within the United under this section, APHIS may prohibit approved treatment for the pest. If a States via the imported fruit or or further restrict importation of the treatment for the pest is not available, vegetable. In order for the Administrator fruit or vegetable and publish a notice the host crops would be prohibited to make the determination described in in the Federal Register advising the importation. In order for a decertified this paragraph, the risk analysis for the public of its finding. The notice will pest-free area to be reinstated, it would fruit or vegetable must find that the risk specify the amended import have to meet the criteria of paragraphs posed by each quarantine pest requirements, provide an effective date (a) and (b) of this section. associated with the fruit or vegetable in for the change, and will invite public (e) General requirements for fruits and the country or other region of origin is comment on the subject. vegetables imported from pest-free mitigated by one or more of the areas. following factors: § 319.56–5 Pest-free areas. (1) Labeling. Each box of fruits or (1) Inspection. A quarantine pest is As provided elsewhere in this vegetables that is imported into the associated with the commodity in the subpart, certain fruits and vegetables United States from a pest-free area country or region of origin, but the pest may be imported into the United States under this subpart must be clearly can be easily detected via inspection; provided that the fruits or vegetables labeled with:

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(i) The name of the orchard or grove those costs, as estimated by APHIS. The garlic, gingerroot, horseradish, kale, of origin, or the name of the grower; and agreement must further specify that, if kudzu, leek, lettuce, onions, Portuguese (ii) The name of the municipality and the deposit is not sufficient to meet all cabbage, turnip, udo, water chestnut, State in which the fruits or vegetables costs incurred by APHIS, the national watercress, waterlily root, and yam bean were produced; and plant protection organization of the root from Taiwan. (iii) The type and amount of fruit the exporting country or a private export (vii) Lettuce from Papua New Guinea. box contains. group must deposit with APHIS, before (viii) Carrots (without tops), celery, (2) Phytosanitary certificate. A the services will be completed, a lettuce, loquats, onions, persimmons, phytosanitary certificate must certified or cashier’s check for the potatoes, tomatoes, and stone fruits from accompany the imported fruits or amount of the remaining costs, as New Zealand. vegetables, and must contain an determined by APHIS. After a final (ix) Asparagus, carrots (without tops), additional declaration that the fruits audit at the conclusion of each shipping celery, lettuce, and radishes (without originate from a pest-free area that meets season, any overpayment of funds tops) from Thailand. the requirements of paragraphs (a) and would be returned to the national plant (x) Green corn on the cob. (b) of this section. protection organization of the exporting (xi) All other fruits and vegetables (3) Safeguarding. If fruits or country or region or a private export approved for entry into any other part vegetables are moved from a pest-free group, or held on account. or port of the United States, and except area into or through an area that is not any which are specifically designated in free of that pest, the fruits or vegetables § 319.56–7 Territorial applicability and must be safeguarded during the time exceptions. this subpart as not approved. (2) An inspector in Guam may accept they are present in a non-pest-free area (a) The regulations in this subpart an oral application and issue an oral by being covered with insect-proof mesh apply to importations of fruits and permit for products listed in paragraph screens or plastic tarpaulins, including vegetables into any area of the United (a) of this section, which is deemed to while in transit to the packing house States, except as provided in this fulfill the requirements of § 319.56–3(b) and while awaiting packaging. If fruits section. of this subpart. The inspector may or vegetables are moved through an area (b) Importations of fruits and waive the documentation required in that is not free of that pest during transit vegetables into Guam. to a port, they must be packed in insect- (1) The following fruits and vegetables § 319.56–3 for such products whenever proof cartons or containers or be may be imported into Guam without the inspector finds that information covered by insect-proof mesh or plastic treatment, except as may be required available from other sources meets the tarpaulins during transit to the port and under § 319.56–3(d), and in accordance requirements under this subpart for the subsequent export to the United States. with all the requirements of this subpart information normally supplied by such These safeguards described in this as modified by this section: documentation. section must be intact upon arrival in (i) All leafy vegetables and root crops (3) The provisions of § 319.56–11 do the United States. from the Bonin Islands, Volcano Islands, not apply to chestnuts and acorns and Ryukyu Islands. imported into Guam, which are § 319.56–6 Trust fund agreements. (ii) All fruits and vegetables from enterable into Guam without permit or If APHIS personnel need to be Palau and the Federated States of other restriction under this subpart. If physically present in an exporting Micronesia (FSM), except Artocarpus chestnuts or acorns imported under this country or region to facilitate the spp. (breadfruit, jackfruit, and paragraph are found infected, infested, exportation of fruits or vegetables and chempedak), citrus, curacao apple, or contaminated with any plant pest and APHIS services are to be funded by the guava, Malay or mountain apple are not subject to disposal under this national plant protection organization of (Syzygium spp.), mango, and papaya, subpart, disposition may be made in the exporting country or a private export and except dasheen from the Yap accordance with § 330.106 of this group, then the national plant district of FSM and from Palau, and chapter. protection organization or the private bitter melon (Momordica charantia) (4) Baskets or other containers made export group must enter into a trust from Palau. The excepted products are of coconut fronds are not approved for fund agreement with APHIS that is in approved for entry into Guam after use as containers for fruits and effect at the time the fruits or vegetables treatment with an approved treatment vegetables imported into Guam. Fruits are exported. Under the agreement, the listed in part 305. and vegetables in such baskets or national plant protection organization of (iii) Allium (without tops), artichokes, containers offered for importation into the exporting country or the private bananas, bell peppers, cabbage, carrots, Guam will not be regarded as meeting export group must pay in advance all celery, Chinese cabbage, citrus fruits, § 319.56–3(a). estimated costs that APHIS expects to eggplant, grapes, lettuce, melons, okra, (c) Importation of fruits and incur in providing inspection services parsley, peas, persimmons, potatoes, vegetables into the U.S. Virgin Islands. in the exporting country. These costs rhubarb, squash (Cucurbita maxima), (1) Fruits and vegetables grown in the will include administrative expenses stone and pome fruits, string beans, British Virgin Islands may be imported incurred in conducting the services and sweet potatoes, tomatoes, turnip greens, into the U.S. Virgin Islands in all salaries (including overtime and the turnips, and watermelons from Japan accordance with § 319.56–3 of this Federal share of employee benefits), and Korea. subpart, except that: travel expenses (including per diem (iv) Leafy vegetables, celery, and (i) Such fruits and vegetables are expenses), and other incidental potatoes from the Philippine Islands. exempt from the permit requirements of expenses incurred by the inspectors in (v) Carrots (without tops), celery, § 319.56–3(b); and performing services. The agreement lettuce, peas, potatoes, and radishes (ii) Mangoes grown in the British must require the national plant (without tops) from Australia. Virgin Islands are prohibited entry into protection organization of the exporting (vi) Arrowroot, asparagus, bean the U.S. Virgin Islands. country or region or a private export sprouts, broccoli, cabbage, carrots (2) Okra produced in the West Indies group to deposit a certified or cashier’s (without tops), cassava, cauliflower, may be imported into the U.S. Virgin check with APHIS for the amount of celery, chives, cow-cabbage, dasheen, Islands without treatment but are

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subject to inspection at the port of specifically provided otherwise in this produced in, and imported from, St. arrival. section or elsewhere in this part. Eustatius. (b) Acorns and chestnuts. (1) From §§ 319.56–8 through 319.56–9 [Reserved] countries other than Canada and § 319.56–12 Importation of frozen fruits and vegetables. § 319.56–10 Importation of fruits and Mexico; treatment required. Acorns and vegetables from Canada. chestnuts intended for purposes other Frozen fruits and vegetables may be than propagation, except those grown in imported into the United States in Fruits and vegetables grown in and shipped from Canada and Mexico, accordance with § 319.56–3. Such fruits Canada may be imported into the must be imported into the United States and vegetables must be held at a United States subject to applicable under permit, and subject to all the temperature not higher than 20 °F requirements in § 319.56–3, except that, requirements of § 319.56–3, and must be during shipping and upon arrival in the in accordance with § 319.37–2 of this treated with an approved treatment United States, and in accordance with part, potatoes from Newfoundland and listed in part 305 of this chapter.2 the requirements for importing frozen that portion of the Municipality of (2) From Canada and Mexico. Acorns fruits and vegetables in part 305 of this Central Saanich in the Province of and chestnuts grown in and shipped chapter. The importation from foreign British Columbia east of the West from Canada and Mexico for purposes countries of frozen fruits and vegetables Saanich Road may not be imported into other than propagation may be imported is not authorized when such fruits and the United States. in accordance with paragraph (a) of this vegetables are subject to attack in the section. area of origin by plant pests that may § 319.56–11 Importation of dried, cured, or (3) For propagation. Acorns and processed fruits, vegetables, nuts, and not, in the judgment of the legumes. chestnuts from any country may be Administrator, be destroyed by quick imported for propagation only in freezing. (a) Dried, cured, or processed fruits accordance with the applicable and vegetables (except frozen fruits and requirements in §§ 319.37 through § 319.56–13 Fruits and vegetables allowed vegetables), including cured figs and 319.37–14 of this part. importation subject to specified conditions. dates, raisins, nuts, and dried beans and (c) Macadamia nuts. Macadamia nuts (a) The following fruits and vegetables peas, may be imported without permit, in the husk or shell are prohibited may be imported in accordance with phytosanitary certificate, or other importation into the United States § 319.56–3 and any additional compliance with this subpart, except as unless the macadamia nuts were requirements specified in this section.

Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Algeria ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Angola ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Antigua and Barbuda Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Argentina ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Australia (Tasmania Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). only). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Austria ...... Asparagus, white .... Asparagus officinalis ...... Shoot ...... (b)(4)(iii). Bahamas ...... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Barbados ...... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Belgium ...... Apricot ...... Prunus armeniaca ...... Fruit ...... (b)(5)(xiv). Cucumber ...... Cucumis sativus ...... Fruit ...... (b)(3). Fig ...... Ficus carica ...... Fruit ...... (b)(5)(xiv). Nectarine ...... Prunus persica var. nucipersica ...... Fruit ...... (b)(5)(xiv). Peach ...... Prunus persica ...... Fruit ...... (b)(5)(xiv). Plum ...... Prunus domestica ...... Fruit ...... (b)(5)(xiv). Belize ...... Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3). Benin ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Bolivia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Brazil ...... Cantaloupe ...... Cucumis melo var. cantaloupensis ...... Fruit ...... (b)(1)(v), (b)(3). Cassava ...... Manihot esculenta ...... Fruit ...... (b)(2)(vii). Honeydew melon .... Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(1)(v), (b)(3). Burkina Faso ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cameroon ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cayman Islands ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Chile ...... African horned cu- Cucumis metuliferus ...... Fruit ...... (b)(2)(i). cumber. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi).

2 Acorns and chestnuts imported into Guam are subject to the requirements of § 319.56–7(b).

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

China ...... Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Columbia ...... Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Yellow pitaya ...... Selinicereus megalanthus ...... Fruit ...... (b)(5)(xvi). Congo, Democratic Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Republic of. Cook Islands ...... Ginger ...... Zingiber officinalis ...... Root ...... (b)(2)(ii). Banana ...... Musa spp ...... Fruit ...... (b)(4)(i). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vii). Costa Rica ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3). Cote d’Ivoire ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Cyprus ...... Lemon ...... Citrus limon ...... Fruit ...... (b)(3). Lime ...... Citrus aurantiifolia and Citrus limettioides Fruit ...... (b)(3). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3). Dominica ...... Grapefruit ...... Citrus paradisi ...... Fruit ...... (b)(3). Orange, sweet ...... Citrus sinensis ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tangerine ...... Citrus reticulata ...... Fruit ...... (b)(3). Dominican Republic Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Ethrog ...... Citrus medica ...... Fruit ...... (b)(3). Honeydew melon .... Cucumis melo ...... Fruit ...... (b)(3). Ecuador ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(iii), (b)(2)(vi). Egypt ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). El Salvador ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ...... (b)(2)(i). chamomilla. Oregano or sweet Origanum spp ...... Leaf and stem ...... (b)(2)(i). marjoram. Parsley ...... Petroselinum crispum ...... Leaf and stem ...... (b)(2)(i). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3). Waterlily or lotus ..... Nelumbo nucifera ...... Roots without soil .... (b)(2)(i). Yam-bean or Jicama Pachyrhizus spp ...... Roots without soil .... (b)(2)(i). Fiji ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vii). France ...... Bean ...... Glycine max (Soybean); Phaseolus Fruit ...... (b)(5)(xiii). coccineus, (Scarlet or french runner bean); Phaseolus lunatus (lima bean); Phaseolus vulgaris (green bean, kidney bean, navy bean, pinto bean, red bean, string bean, white bean); Vicia faba (faba bean, broadbean, haba, habichuela, horsebean, silkworm bean, windsor bean; Vigna radiata (mung bean); Vigna unguiculata (includes: ssp. cylindrica, ssp. dekintiana, ssp. sesquipedalis (yard-long bean, aspar- agus bean, long bean) ssp. unguiculata (southern pea, black-eyed bean, black- eyed pea, cowpea, crowder pea)). Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Tomato ...... Lycopersicon esculentum ...... Fruit, stem and leaf (b)(4)(ii). French Guiana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). French Polynesia, in- Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vii). cluding Tahiti. Ghana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Greece ...... Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3). Grenada ...... Atemoya ...... Annona squamosa x A. cherimola ...... Fruit ...... (b)(3). Cherimoya ...... Annona cherimola ...... Fruit ...... (b)(3). Custard apple ...... Annona reticulata ...... Fruit ...... (b)(3). Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi).

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Soursop ...... Annona muricata ...... Fruit ...... (b)(3). Sugar apple ...... Annona squamosa ...... Fruit ...... (b)(3). Guadeloupe ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guatemala ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ...... (b)(2)(i). chamomilla. Naranjilla ...... Solanum quitoense ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(1)(i), (b)(2)(iii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Rosemary ...... Rosmarinus officinalis ...... Leaf and stem ...... (b)(2)(i). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). Waterlily or lotus ..... Nelumbo nucifera ...... Roots without soil .... (b)(2)(i). Yam-bean or jicama Pachyrhizus spp ...... Roots without soil .... (b)(2)(i). Guinea ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Guyana ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Haiti ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Honduras ...... Basil ...... Ocimum basilicum ...... Leaf and stem ...... (b)(2)(i), (b)(5)(iv). Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). German chamomile Matricaria recutita and Matricaria Flower and leaf ...... (b)(2)(i). chamomilla. Oregano or sweet Origanum spp ...... Leaf and stem ...... (b)(2)(i). marjoram. Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). Waterlily or lotus ..... Nelumbo nucifera ...... Roots without soil .... (b)(2)(i). Yam-bean or Jicama Pachyrhizus spp ...... Roots without soil .... (b)(2)(i). India ...... Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Indonesia ...... Dasheen ...... Colocasia spp., Alocasia spp., and Tuber ...... (b)(2)(iv). Xanthosoma spp. Israel ...... Melon ...... Cucumis melo only ...... Fruit ...... (b)(5)(viii). Tomato (green) ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii) or (b)(3), (b)(5)(xvii). Tomato (red or pink) Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(5)(ix) or (b)(3), (b)(5)(xvii). Italy ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Garlic ...... Allium sativum ...... Bulb ...... (b)(5)(iv).1 Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). Jamaica ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(iii), (b)(2)(iv), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Japan ...... Bean (garden) ...... Phaseolus vulgaris ...... Fruit ...... (b)(2)(x), (b)(5)(xiv). Cucumber ...... Cucumis sativas ...... Fruit ...... (b)(2)(x), (b)(5)(xv). Pepper ...... Capsicum spp ...... Fruit ...... (b)(2)(x), (b)(5)(xiv). Sand pear ...... Pyrus pyrifolia var. culta ...... Fruit ...... (b)(5)(x). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(2)(x), (b)(5)(xv). Kenya ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Liberia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Mali ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Martinique ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Mauritania ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Mexico ...... Coconut ...... Cocos nucifera ...... Fruit with milk and (b)(5)(v). husk.2 Fig ...... Ficus carica ...... Fruit ...... (b)(1)(iii), (b)(2)(i). Pitaya ...... Hylocereus spp...... Fruit ...... (b)(1)(iv), (b)(2)(i). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Montserrat ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Morocco ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Morocco and West- Tomato ...... Lycopersicon esculentum ...... Fruit, stem, and leaf (b)(4)(ii). ern Sahara.

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Netherlands ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(2)(iii), (b)(3). Peach ...... Prunus persica ...... Fruit ...... (b)(5)(xiv). Pepper ...... Capsicum spp ...... Fruit ...... (b)(5)(xi). Netherlands Antilles Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). New Zealand ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Passion fruit ...... Passiflora spp ...... Fruit ...... (b)(2)(vi). Nicaragua ...... Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3). Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Fennel ...... Foeniculum vulgare ...... Leaf and stem ...... (b)(2)(i). German chamomile Matricaria recutita and Matricaria Flower and leaf ...... (b)(2)(i). chamomilla. Naranjilla ...... Solanum quitoense ...... Fruit ...... (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). Waterlily or lotus ..... Nelumbo nucifera ...... Roots without soil .... (b)(2)(i). Yam-bean or Jicama Pachyrhizus spp ...... Roots without soil .... (b)(2)(i). Niger ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Nigeria ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Panama ...... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(2)(iii), (b)(3). Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Rambutan ...... Nephelium lappaceum ...... Fruit ...... (b)(2)(i), (b)(5)(iii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). Paraguay ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Peru ...... Honeydew melon .... Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(2)(i), (b)(3), (b)(5)(xii). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Philippines ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(5)(vii). Portugal (including Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Azores). Portugal (Azores Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(3), (b)(4)(ii). only). Republic of Korea .... Dasheen ...... Colocasia spp., Alocasia spp., and Root ...... (b)(2)(iv). Xanthosoma spp. Sand pear ...... Pyrus pyrifolia var. culta ...... Fruit ...... (b)(5)(x). Strawberry ...... Fragaria spp ...... Fruit ...... (b)(5)(ii). St. Kitts and Nevis ... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). St. Lucia ...... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). St. Martin ...... Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Barbados cherry ...... Malpighia glabra ...... Fruit ...... (b)(2)(vi). St. Vincent ...... Cucurbit ...... As defined in 319.56–2 ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Senegal ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Sierra Leone ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). South Africa ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Spain ...... Cucumber ...... Cucumis sativus ...... Fruit ...... (b)(3). Cucurbit ...... Cucurbitaceae ...... Above ground parts (b)(3). Eggplant ...... Solanum melongena ...... Fruit with stem ...... (b)(3). Garlic ...... Allium sativum ...... Bulb ...... (b)(5)(vi).1 Lemon ...... Citrus limon ...... Fruit ...... (b)(3). Lettuce ...... Lactuca spp ...... Above ground parts (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Tomato ...... Lycopersicon esculentum ...... Fruit ...... (b)(4)(ii). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(3). Sri Lanka ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vii). Taiwan ...... Brassica ...... Brassica oleracea ...... Above ground parts (b)(2)(viii). Carambola ...... Averrhoa carambola ...... Fruit ...... (b)(2)(ix), (b)(5)(xviii). Litchi ...... Litchi chinensis ...... Fruit ...... (b)(2)(v). Thailand ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi), (b)(5)(vii). Togo ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Trinidad and Tobago Cassava ...... Manihot exculenta ...... Fruit ...... (b)(2)(vi). Cucurbit ...... Cucurbitaceae ...... Above ground parts (b)(2)(iii), (b)(3). Eggplant ...... Solanum melongena ...... Fruit ...... (b)(3). Cucurbit ...... Cucurbitaceae ...... Fruit ...... (b)(3) Lime, sour ...... Citrus aurantiifolia ...... Fruit ...... (b)(3). Papaya ...... Carica papaya ...... Fruit ...... (b)(2)(vi). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi).

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Country/locality of Additional origin Common name Botanical name Plant part(s) requirements

Tunisia ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Turkey ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Uruguay ...... Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Venezuela ...... Cantaloupe ...... Cucumis melo var. cantaloupensis ...... Fruit ...... (b)(1)(v), (b)(3). Honeydew melon .... Cucumis melo ...... Fruit ...... (b)(1)(v), (b)(3). Pineapple ...... Ananas comosus ...... Fruit ...... (b)(2)(vi). Watermelon ...... Citrullus lanatus var. lanatus ...... Fruit ...... (b)(1)(v), (b)(3). 1 Also eligible for importation if treated with an approved treatment listed in part 305 of this chapter. 2 Fruit without husk may be imported subject to the requirements of § 319.56–5.

(b) Additional restrictions for must be stamped ‘‘Not for importation Planococcus lilacinus, P. minor, and applicable fruits and vegetables as into or distribution within HI.’’ Psedococcus landoi; and all damaged specified in paragraph (a) of this (iv) Prohibited entry into Guam. fruit was removed from the shipment section. Cartons in which commodity is packed prior to export under the supervision of (1) Pest-free areas. must be stamped ‘‘Not for importation the NPPO. (i) The commodity must be from an into or distribution within Guam.’’ (iv) Must be accompanied by a area that meets the requirements of (v) Prohibited entry into Florida. phytosanitary certificate issued by the § 319.56–5 for freedom from the Cartons in which commodity is packed NPPO of the country of origin with an Mediterranean fruit fly (Medfly), and must be stamped ‘‘Not for importation additional declaration stating that the must meet applicable requirements of into or distribution within FL.’’ fruit is free from Planococcus minor. § 319.56–5. (vi) Prohibited entry into Hawaii. (v) Must be accompanied by a (ii) The commodity must be from an (vii) Prohibited entry into Puerto Rico, phytosanitary certificate issued by the area that meets the requirements of Virgin Islands, and Hawaii. NPPO of the country of origin with an § 319.56–5 for freedom from the (viii) Prohibited entry into Alaska. additional declaration stating that the Mediterranean fruit fly (Medfly), and (ix) Prohibited entry into Florida. fruit is of the Malayan dwarf variety or (x) Allowed importation into Hawaii Maypan variety (=F1 hybrid, Malayan must meet applicable requirements of × § 319.56–5. Fruit from outside Medfly- only. Dwarf Panama Tall) (which are (3) Commercial shipments only. free areas must be treated in accordance resistant to lethal yellowing disease) (4) Stage of development. with an approved treatment listed in based on verification of the parent stock. (i) The bananas must be green at the (vi) Must be accompanied by a part 305 of this chapter. time of export. Inspectors at the port of (iii) The commodity must be from an phytosanitary certificate issued by the arrival will determine that the bananas NPPO of the country of origin with an area that meets the requirements of were green at the time of export if: additional declaration stating that the § 319.56–5 for freedom from fruit flies, (1) Bananas shipped by air are still commodity is free of living stages of and must meet applicable requirements green upon arrival in the United States; Brachycerus spp. and Dyspessa ulula of § 319.56–5. and (Bkh.), based on field inspection and (iv) The commodity must be from an (2) bananas shipped by sea are either certification and reexamination at the area that meets the requirements of still green upon arrival in the United port of departure prior to exportation. § 319.56–5 for freedom from fruit flies, States or yellow but firm. (vii) Only the Tahiti Queen cultivar and must meet applicable requirements (ii) The tomatoes must be green upon and varieties which are at least 50 of § 319.56–5. The phytosanitary arrival in the United States. Pink or red percent smooth Cayenne by lineage are certificate must also include an fruit may only be imported in admissible. The importer or the additional declaration stating: ‘‘Upon accordance with other provisions of importer’s agent must provide the inspection, these articles were found § 319.56–13 or § 319.56–28 of this inspector with documentation that free of Dysmicoccus neobrevipes and subpart. establishes the variety’s lineage. This Planococcus minor.’’ (iii) No green may be visible on the document is necessary only with the (v) The commodity must be from an shoot. first importation. area that meets the requirements of (5) Other conditions. (viii) Prohibited from the Palestinian § 319.56–5 for freedom from the South (i) Must be accompanied by a controlled portions of the West Bank American cucurbit fly, and must meet phytosanitary certificate issued by the and Gaza Strip; otherwise, must be applicable requirements of § 319.56–5. NPPO of the country of origin with an accompanied by a phytosanitary (2) Restricted importation and additional declaration stating that the certificate which declares that the distribution. commodity is apparently free of melons were grown in approved areas in (i) Prohibited entry into Puerto Rico, Acrolepiopsis assectella. the Arava Valley or the Kadesh-Barnea Virgin Islands, Hawaii, and Guam. (ii) Entry permitted only from area of Israel, the fields where the Cartons in which commodity is packed September 15 to May 31, inclusive, to melons were grown were inspected must be stamped ‘‘Not for importation prevent the introduction of a complex of prior to harvest, and the melons were into or distribution within PR, VI, HI, or exotic pests including, but not limited inspected prior to export and found free Guam.’’ to a thrips (Haplothrips chinensis) and of pests. (ii) Prohibited entry into Puerto Rico, a leafroller (Capua tortrix). (ix) Prohibited from the Palestinian Virgin Islands, and Guam. Cartons in (iii) Must be accompanied by a controlled portions of the West Bank which commodity is packed must be phytosanitary certificate issued by the and Gaza Strip; otherwise must be stamped ‘‘Not for importation into or NPPO of the country of origin with an accompanied by a phytosanitary distribution within PR, VI, or Guam.’’ additional declaration stating that the certificate which declares that only (iii) Prohibited entry into Hawaii. fruit is free from Coccus moestus, C. tomato varieties 111, 121, 124, 139, and Cartons in which commodity is packed viridis, Dysmicoccus neobrevipes, 144 are included in the shipment and

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the tomatoes were packed into fruit fly with this section and other applicable (1) During December 1 through May proof containers within 24 hours after provisions of this subpart. 15, inclusive, okra may be imported into harvesting. (a) Inspection and treatment for pests areas of Alabama, Arkansas, Florida, (x) Only precleared shipments are of the family Tortricidae. An inspector Georgia, Louisiana, Mississippi, Nevada, authorized. The shipment must be must take a biometrically designed North Carolina, South Carolina, accompanied by a PPQ Form 203 signed sample from each lot of apples or pears Tennessee, or any part of Illinois, by the APHIS inspector on site in the that are offered for entry into the United Kentucky, Missouri, or Virginia south of exporting country. States. If inspection of the sample the 38th parallel subject to the (xi) Must be accompanied by a discloses that pests of the family requirements of § 319.56–3. phytosanitary certificate stating: ‘‘The Tortricidae (fruit-leaf roller moths) are (2) During May 16 through November peppers in this shipment have been not present in the lot sampled, the fruit 30, inclusive, okra may be imported into inspected and verified as being grown in may be imported without treatment. If areas of Alabama, Arkansas, Florida, greenhouses in the Netherlands.’’ any such pests are found upon Georgia, Louisiana, Mississippi, Nevada, (xii) Must be accompanied by a inspection, the lot must be treated with North Carolina, South Carolina, phytosanitary certificate issued by the methyl bromide as prescribed in part Tennessee, or any part of Illinois, National Plant Protection Organization 305 of this chapter. Kentucky, Missouri, or Virginia south of of the exporting country that includes a (b) Treatment of apples and pears the 38th parallel if treated for the pink declaration indicating that the fruit was from Australia for fruit flies. (1) Apples bollworm in accordance with an inspected and found free of the gray from Australia (including Tasmania) approved treatment listed in part 305 of pineapple mealybug (Dysmicoccus may be imported without treatment for this chapter. neobrevipes). the following fruit flies if they are (c) Importations into areas north of (xiii) Must be accompanied by a imported from an area in Australia that the 38th parallel. Okra may be imported phytosanitary certificate issued by the meets the requirements of § 319.56–5 for into Alaska, Colorado, Connecticut, National Plant Protection Organization pest freedom: Mediterranean fruit fly Delaware, Hawaii, Idaho, Indiana, Iowa, of the exporting country that includes a (Ceratitis capitata), the Queensland fruit Kansas, Maine, Maryland, declaration certifying that the products fly (Bactrocera tryoni), Bactrocera Massachusetts, Michigan, Minnesota, were grown and packed in the exporting aquilonis, and B. neohumeralis. Montana, Nebraska, New Hampshire, country. (2) Pears from Australia (including New Jersey, New York, North Dakota, (xiv) Must be accompanied by a Tasmania) may be imported without Ohio, Oregon, Pennsylvania, Rhode phytosanitary certificate issued by the treatment for the following fruit flies if Island, South Dakota, Utah, Vermont, National Plant Protection Organization they are imported from an area in Washington, West Virginia, Wisconsin, of the exporting country that includes a Australia that meets the requirements of Wyoming, the District of Columbia, or declaration certifying that the products § 319.56–5 for pest freedom: the U.S. Virgin Islands, or any part of were grown in a greenhouse in the Mediterranean fruit fly (Ceratitis Illinois, Kentucky, Missouri, or Virginia, exporting country. capitata), the Queensland fruit fly north of the 38th parallel, subject to the (xv) Must be accompanied by a (Dacus tryoni), Bactrocera jarvisi, and B. requirements of § 319.56–3. phytosanitary certificate issued by the neohumeralis. (d) Importations into areas of National Plant Protection Organization (3) Apples and pears from Australia California that are not are not pink of the exporting country that includes a that do not originate from an area that bollworm generally infested or declaration certifying that the products is free of fruit flies must be treated for suppressive areas. were grown in a greenhouse in the such pests in accordance with part 305 (1) During January 1 through March exporting country on Honshu Island or of this chapter. If an authorized 15, inclusive, okra may be imported into north thereof. treatment does not exist for a specific California subject to the requirements of (xvi) Only precleared shipments that fruit fly, the importation of such apples § 319.56–3. have been treated with an approved and pears is prohibited. (2) During March 16 through December 31, inclusive, okra may be treatment listed in 7 CFR part 305 are § 319.56–21 Okra from certain countries. imported into California if it is treated authorized. The shipment must be Okra from Brazil, Colombia, Ecuador, accompanied by a PPQ Form 203 signed for the pink bollworm in accordance Guyana, Mexico, Peru, Suriname, with an approved treatment listed in by the APHIS inspector on site in the Venezuela, and the West Indies may be exporting country. part 305 of this chapter. imported into the United States in (e) Imports from Andros Island of the (xvii) Must be accompanied by a accordance with this section and other Bahamas. Okra produced on Andros phytosanitary certificate issued by the applicable provisions of this subpart. Island, Commonwealth of the Bahamas, National Plant Protection Organization (a) Importations into pink bollworm may be imported into the United States of Israel that declares ‘‘These tomatoes generally infested or suppressive areas in accordance with § 319.56–3. were grown in registered greenhouses in in the United States. Okra may be the Arava Valley of Israel.’’ imported into areas defined in § 301.52– § 319.56–22 Apples and pears from certain (xviii) Must be treated with an 2a as pink bollworm generally infested countries in Europe. approved treatment listed in 7 CFR part or suppressive areas, provided the okra (a) Importations allowed. The 305. is imported in accordance with the following fruits may be imported into §§ 319.56–14 through 319.56–19 requirements of § 319.56–3. Upon entry the United States in accordance with [Reserved] into the United States, such okra is this section and other applicable immediately subject to the requirements provisions of this subpart: § 319.56–20 Apples and pears from of Subpart—Pink Bollworm (§§ 301.52 (1) Apples from Belgium, Denmark, Australia (including Tasmania) and New through 301.52–10) of this chapter. France, Germany, Great Britain, Italy, Zealand. (b) Importations into areas south of the Netherlands, Northern Ireland, Apples and pears from Australia the 38th parallel that are not pink Norway, Portugal, the Republic of (including Tasmania) and New Zealand bollworm generally infested or Ireland, Spain, Sweden, and may be imported only in accordance suppressive areas. Switzerland;

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(2) Pears from Belgium, France, Great producing orchard for the remainder of conducted in the exporting country by Britain, Italy, the Netherlands, Portugal, the shipping season. an inspector. Preclearance inspection and Spain. (ii) The apples or pears must be will be conducted for a minimum of (b) Trust fund agreement. Except as sorted, sized, packed, and otherwise 6,000 cartons of apples or pears, which provided in paragraph (h) of this handled in the packing sheds on grading may represent multiple grower lots from section, the apples or pears may be and packing lines used solely for fruit different packing sheds. The cartons imported only if the national plant intended for shipment to the United examined during any given preclearance protection organization of the exporting States, or, if on grading and packing inspection will be known as an country has entered into a trust fund lines used previously for other fruit, inspection unit. Apples or pears in any agreement with APHIS in accordance only after the lines have been washed inspection unit may be shipped to the with § 319.56–6. with water. United States only if the inspection unit (c) Responsibilities of the exporting (iii) During packing operations, apples passes inspection as follows: country. The apples or pears may be and pears must be inspected for insect (1) Inspectors will examine, fruit by imported in any single shipping season pests as follows: All fruit in each grower fruit, a biometrically designed statistical only if all of the following conditions lot must be inspected at each of two sample of 300 cartons drawn from each are met: inspection stations on the packing line inspection unit. (1) Officials of the plant protection by packing shed technicians. In (i) If inspectors find any live larva or organization must survey each orchard addition, one carton from every pallet in pupa of Leucoptera malifoliella, they producing apples or pears for shipment each grower lot must be inspected by will reject the entire inspection unit for to the United States at least twice officials of the plant protection service. shipment to the United States. The between spring blossoming and harvest. If the inspections reveal any live larva inspectors also will reject for shipment If the officials find any leaf miners that or pupa of Leucoptera malifoliella, the any additional fruit from the producing suggest the presence of Leucoptera entire grower lot must be rejected for orchard for the remainder of the malifoliella in an orchard, the officials shipment to the United States, and the shipping season. However, other must reject any fruit harvested from that plant protection service must reject for orchards represented in the rejected orchard during that growing season for shipment any additional fruit from the inspection unit will not be affected for shipment to the United States. If the producing orchard for the remainder of the remainder of the shipping season officials find evidence in an orchard of that shipping season. If the inspections because of that rejection. Additionally, any other plant pest referred to in reveal any other insect pest referred to if inspectors reject any three inspection paragraph (g) of this section, they must in paragraph (g) of this section, and a units in a single shipping season ensure that the orchard and all other treatment authorized in part 305 of this because of Leucoptera malifoliella on orchards within 1 kilometer of that chapter is available, the fruit will fruit processed by a single packing shed, orchard will be treated for that pest with remain eligible for shipment to the no additional fruit from that packing a pesticide approved by the APHIS, in United States if the entire grower lot is shed will be accepted for shipment to accordance with label directions and treated for the pest under the the United States for the remainder of under the direction of the plant supervision of an inspector. However, if that shipping season. protection organization. If the officials the entire grower lot is not treated in (ii) If the inspectors find evidence of determine that the treatment program this manner, or if a plant pest is found any other plant pest referred to in has not been applied as required or is for which no treatment authorized in paragraph (g) of this section, and a not controlling the plant pest in the part 305 of this chapter is available, the treatment authorized in part 305 of this orchard, they must reject any fruit entire grower lot will be rejected for chapter is available, fruit in the harvested from that orchard during that shipment to the United States. inspection unit will remain eligible for growing season for shipment to the (4) Apples or pears that pass shipment to the United States if the United States. inspection at approved packing sheds entire inspection unit is treated for the (2) The apples or pears must be must be presented to an inspector for pest under the supervision of an identified to the orchard from which preclearance inspection as prescribed in inspector. However, if the entire they are harvested (the producing paragraph (d) of this section or for inspectional unit is not treated in this orchard) until the fruit arrives in the inspection in the United States as manner, or if a plant pest is found for United States. prescribed in paragraph (h) of this which no treatment authorized in part (3) The apples or pears must be section. 305 of this chapter is available, the processed and inspected in approved (5) Apples and pears presented for inspectors will reject the entire packing sheds as follows: preclearance inspection must be inspection unit for shipment to the (i) Upon arrival at the packing shed, identified with the packing shed where United States. Rejection of an inspection the apples or pears must be inspected they were processed, as well as with the unit because of pests other than for insect pests as follows: For each producing orchard, and this identity Leucoptera malifoliella will not be grower lot (all fruit delivered for must be maintained until the apples or cause for rejecting additional fruit from processing from a single orchard at a pears arrive in the United States. an orchard or packing shed. given time), packing shed technicians (6) Facilities for the preclearance (iii) Apples and pears precleared for must examine all fruit in one carton on inspections prescribed in paragraph (d) shipment to the United States as every third pallet (there are of this section must be provided in the prescribed in this paragraph will not be approximately 42 cartons to a pallet), or exporting country at a site acceptable to inspected again in the United States at least 80 apples or pears in every third APHIS. (except as necessary to ensure that the bin (if the fruit is not in cartons on (7) Any apples or pears rejected for fruit has been precleared) unless the pallets). If they find any live larva or shipment into the United States may preclearance program with the pupa of Leucoptera malifoliella, they not, under any circumstance, be exporting country is terminated in must reject the entire grower lot for presented again for shipment to the accordance with paragraph (e) of this shipment to the United States, and the United States. section. If the preclearance program is plant protection service must reject for (d) Preclearance inspection. terminated with any country, precleared shipment any additional fruit from the Preclearance inspection will be fruit in transit to the United States at the

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time of termination will be spot-checked (2) Termination because of findings of risk of introducing insect pests into the by inspectors upon arrival in the United other plant pests. The preclearance United States; States for evidence of plant pests program will be terminated with a (2) Each pallet of apples or pears must referred to in paragraph (g) of this country when, in one shipping season, be completely enclosed in plastic, to section. If any live larva or pupa of inspection units are rejected because of prevent the escape of insects, before it Leucoptera malifoliella is found in any other insect pests as follows: is offloaded at the port of arrival; carton of fruit, inspectors will reject that (i) Ten or more of the inspection units (3) The entire consignment of apples carton and all other cartons in that 1–20; or pears must be offloaded and moved consignment that are from the same (ii) Fifteen or more of the inspection to an enclosed warehouse, where producing orchard. In addition, the units 1–40; adequate inspection facilities are remaining cartons of fruit in that (iii) Twenty or more of the inspection available, under the supervision of an consignment will be reinspected as an units 1–60; inspector. inspection unit in accordance with the (iv) Twenty-five or more of the (4) The Administrator must determine preclearance procedures prescribed in inspection units 1–80; that a sufficient number of inspectors paragraph (d) of this section. (v) Thirty or more of the inspection are available at the port of arrival to (2) [Reserved] units 1–100; or perform the services required. (e) Termination of preclearance (vi) Thirty-five or more of the (5) The method of inspection will be programs. The Administrator may inspection units 1–120. the same as prescribed in paragraph (d) terminate the preclearance program in a (vii) Sequence can be continued in of this section for preclearance country if he or she determines that any increments of 20 inspection units by inspections. of the conditions specified in paragraph increasing the number of rejected § 319.56–23 Apricots, nectarines, peaches, (c) of this section are not met or because inspection units by 5. plumcot, and plums from Chile. of pests found during preclearance (f) Cold treatment. In addition to all (a) Importations allowed. Apricots, inspections. Termination of the other requirements of this section, nectarines, peaches, plumcot, and preclearance program will stop apples or pears may be imported into plums may be imported into the United shipments of apples or pears from that the United States from France, Italy, States from Chile in accordance with country for the remainder of that Portugal, or Spain only if the fruit is this section and other applicable shipping season. Termination of the cold treated for the Mediterranean fruit provisions of this subpart.3 preclearance program for findings of fly in accordance with part 305 of this (b) Trust fund agreement. Apricots, Leucoptera malifoliella in preclearance chapter. nectarines, peaches, plumcot, and inspections in any country will be based (g) Plant pests; authorized treatments. plums may be imported under the on rates of rejection of inspection units (1) Apples from Belgium, Denmark, regulations in this section only if the as follows: France, Great Britain, Italy, the plant protection service of Chile (1) Termination because of findings of Netherlands, Northern Ireland, Norway, (Servicio Agricola y Ganadero, referred Leucoptera malifoliella. The pre- Portugal, the Republic of Ireland, Spain, to in this section as SAG), has entered clearance program will be terminated Sweden, Switzerland, and Germany; into a trust fund agreement with APHIS with a country when, in one shipping and pears from Belgium, France, Great in accordance with § 319.56–6. season, inspection units are rejected Britain, Italy, the Netherlands, Portugal, (c) Responsibilities of Servicio because of Leucoptera malifoliella as and Spain may be imported into the Agricola y Ganadero. SAG will ensure follows: United States only if they are found free that: (i) Five inspection units in sequence of the following pests or, if an (1) Apricots, nectarines, peaches, among inspection units 1–20, or a total authorized treatment is available, they plumcot, or plums are presented to of 8 or more of the inspection units 1– are treated for: The pear leaf blister inspectors for preclearance in their 20; moth (Leucoptera malifoliella (O.G. shipping containers at the shipping site (ii) Five inspection units in sequence Costa) (Lyonetiidae)), the plum fruit as prescribed in paragraph (d) of this among inspection units 21–40, or a total moth (Cydia funebrana (Treitschke) section. of 10 or more of the inspection units 1– (Tortricidae)), the summer fruit tortrix (2) Apricots, nectarines, peaches, 40; moth (Adoxophyes orana (Fischer von plumcot, and plums presented for (iii) Five inspection units in sequence Rosslertamm) (Tortricidae)), a leaf roller inspection are identified in shipping among inspection units 41–60, or a total (Argyrotaenia pulchellana (Haworth) documents accompanying each load of of 12 or more of the inspection units 1– (Tortricidae)), and other insect pests fruit that identify the packing shed 60; that do not exist in the United States or where they were processed and the (iv) Five inspection units in sequence that are not widespread in the United orchards where they were produced; among inspection units 61–80, or a total States. and this identity is maintained until the of 14 or more of the inspection units 1– (2) Authorized treatments are listed in apricots, nectarines, peaches, plumcot, 80; part 305 of this chapter. or plums are released for entry into the (v) Five inspection units in sequence (h) Inspection in the United States. United States. among inspection units 81–100, or a Notwithstanding provisions to the (3) Facilities for the inspections total of 16 or more of the inspection contrary in paragraphs (c) and (d) of this prescribed in paragraph (d) of this units 1–100; section, the Administrator may allow section are provided in Chile at an (vi) Five inspection units in sequence apples or pears imported under this inspection site acceptable to APHIS. among inspection units 101–120, or a section to be inspected at a port of (d) Preclearance inspection. total of 18 or more of the inspection arrival in the United States, in lieu of a Preclearance inspection will be units 1–120. preclearance inspection, under the (vii) Sequence can be continued in following conditions: 3 As provided in § 319.56–4, apricots, nectarines, peaches, plumcot, and plums Chile may also be increments of 20 inspection units by (1) The Administrator has determined imported if treated in accordance with a treatment increasing the number of rejected that inspection can be accomplished at listed in part 305 of this chapter and subject to inspection units by 2. the port of arrival without increasing the other applicable regulations in this subpart.

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conducted in Chile under the direction (1) Apricots, nectarines, peaches, inspection must be monitored by a of inspectors. An inspection unit will plumcot, or plums from Chile may be representative of the Israeli Ministry of consist of a lot or consignment from imported into the United States only if Agriculture; which a statistical sample is drawn and they are found free of the following (iv) The crop must be protected with examined. An inspection unit may pests or, if an authorized treatment is sticky traps and prophylactic sprays represent multiple grower lots from available, they are treated for: Proeulia approved for the crop by Israel; different packing sheds. Apricots, spp., Leptoglossus chilensis, (v) The lettuce must be moved to an nectarines, peaches, plumcot, or plums Megalometis chilensis, Naupactus insect-proof packing house at night in in any inspection unit may be shipped xanthographus, Listroderes subcinctus, plastic containers covered by 50 mesh to the United Sates only if the and Conoderus rufangulus, and other screens; inspection unit passes inspection as insect pests that the Administrator has (vi) The lettuce must be packed in an follows: determined do not exist, or are not insect-proof packing house, individually (1) Inspectors will examine the widespread, in the United States. packed in transparent plastic bags, contents of the cartons based on a (2) Authorized treatments are listed in packed in cartons, placed on pallets, biometric sampling scheme established part 305 of this chapter. and then covered with shrink wrapping; for each inspection unit. (g) Inspection in the United States. and (i) If the inspectors find evidence of Notwithstanding provisions to the (vii) The lettuce must be transported any plant pest for which a treatment contrary in paragraphs (c) and (d) of this to the airport in a closed refrigerated authorized in part 305 of this chapter is section, the Administrator may, in truck for shipment to the United States. available, fruit in the inspection unit emergency or extraordinary situations, (2) Each consignment of lettuce must will remain eligible for shipment to the allow apricots, nectarines, peaches, be accompanied by a phytosanitary United States if the entire inspection plumcot, or plums imported under this certificate issued by the Israeli Ministry unit is treated for the pest in Chile. section to be inspected at a port of of Agriculture stating that the However, if the entire inspection unit is arrival in the United States, in lieu of a conditions of paragraph (a)(1) of this not treated in this manner, or if a plant preclearance inspection or fumigation in section have been met. pest is found for which no treatment Chile, under the following conditions: (b) Peppers (fruit) (Capsicum spp.) authorized in part 305 of this chapter is (1) The Administrator is satisfied that from Israel may be imported into the available, the entire inspection unit will a unique situation exists which justifies United States only under the following not be eligible for shipment to the a limited exception to mandatory conditions: United States. preclearance; (1) The peppers have been grown in (ii) Apricots, nectarines, peaches, (2) The Administrator has determined the Arava Valley by growers registered plumcot, and plums precleared for that inspection and/or treatment can be with the Israeli Department of Plant shipment to the United States as accomplished at the intended port of Protection and Inspection (DPPI). prescribed in this paragraph will not be arrival without increasing the risk of (2) Malathion bait sprays shall be inspected again in the United States introducing quarantine pests into the applied in the residential areas of the except as necessary to ensure that the United States; Arava Valley at 6- to 10-day intervals fruit has been precleared and for (3) The entire consignment of beginning not less than 30 days before occasional monitoring purposes. apricots, nectarines, peaches, plumcot, the harvest of backyard host material in (2) [Reserved] or plums must be offloaded and moved residential areas and shall continue (e) Termination of preclearance to an enclosed warehouse, where through harvest. programs. Consignments of apricots, inspection and treatment facilities are (3) The peppers have been grown in nectarines, peaches, plumcot, and available. insect-proof plastic screenhouses plums will be individually evaluated (4) The Administrator must determine approved by the DPPI and APHIS. regarding the rates of infestation of that a sufficient number of inspectors Houses shall be examined periodically inspection units of these articles are available at the port of arrival to by DPPI or APHIS personnel for tears in presented for preclearance. The perform the services required. either plastic or screening. inspection program for an article will be (5) The method of sampling and (4) Trapping for Mediterranean fruit terminated when inspections determine inspection will be the same as fly (Medfly) shall be conducted by DPPI that the rate of infestation of inspection prescribed in paragraph (d) of this throughout the year in the agricultural units of the article by pests listed in section for preclearance inspections. region along Arava Highway 90 and in paragraph (f) of this section exceeds 20 the residential area of Paran. The percent calculated on any consecutive § 319.56–24 Lettuce and peppers from capture of a single Medfly in a 14 days of actual inspections (not Israel. screenhouse will immediately cancel counting days on which inspections are (a) Lettuce may be imported into the export from that house until the source not conducted). Termination of the United States from Israel without of the infestation is delimited, trap inspection program for an article will fumigation for leafminers, thrips, and density is increased, pesticide sprays require mandatory treatment in Chile, Sminthuris viridis only in accordance are applied, or other measures prior to shipment to the United States, with this section and other applicable acceptable to APHIS are taken to of consignments of the article for the provisions of this subpart. prevent further occurrences. remainder of that shipping season. If a (1) Growing conditions. (i) The lettuce (5) Signs in English and Hebrew shall preclearance inspection program is must be grown in insect-proof houses be posted along Arava Highway 90 terminated with Chile, precleared fruit covered with 50 mesh screens, double stating that it is prohibited to throw out/ in transit to the United States at the time self-closing doors, and hard walks (no discard fruits and vegetables from of termination will be spot-checked by soil) between the beds; passing vehicles. inspectors upon arrival in the United (ii) The lettuce must be grown in (6) Sorting and packing of peppers States for evidence of plant pests growing media that has been sterilized shall be done in the insect-proof referred to in paragraph (f) of this by steam or chemical means; screenhouses in the Arava Valley. section. (iii) The lettuce must be inspected (7) Prior to movement from approved (f) Plant pests; authorized treatments. during its active growth phase and the insect-proof screenhouses in the Arava

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Valley, the peppers must be packed in the completion of harvest, all trees in average McPhail trap catch exceeds 14 either individual insect-proof cartons or the field where the papayas were grown South American fruit flies per trap per in non-insect-proof cartons that are were kept free of papayas that were one- week, importations of papayas from that covered by insect-proof mesh or plastic half or more ripe (more than one-fourth production area must be halted until the tarpaulins; covered non-insect-proof of the shell surface yellow), and all rate of capture drops to an average of 7 cartons must be placed in shipping culled and fallen fruits were buried, or fewer South American fruit flies per containers. destroyed, or removed from the farm at trap per week. (8) The packaging safeguards required least twice a week. (k) All consignments must be by paragraph (b)(7) of this section must (c) The papayas were held for 20 accompanied by a phytosanitary remain intact at all times during the minutes in hot water at 48 °C (118.4 °F). certificate issued by the national movement of the peppers to the United (d) When packed, the papayas were Ministry of Agriculture stating that the States and must be intact upon arrival less than one-half ripe (the shell surface papayas were grown, packed, and of the peppers in the United States. was no more than one-fourth yellow, shipped in accordance with the (9) Each consignment of peppers must surrounded by light green), and provisions of this section. be accompanied by a phytosanitary appeared to be free of all injurious certificate issued by the Israeli national insect pests. § 319.56–26 Melon and watermelon from certain countries in South America. plant protection organization stating (e) The papayas were safeguarded that the conditions of paragraphs (b)(1) from exposure to fruit flies from harvest (a) Cantaloupe and watermelon from though (b)(7) of this section have been to export, including being packaged so Ecuador. Cantaloupe (Cucumis melo) met. as to prevent access by fruit flies and and watermelon (fruit) (Citrullus other injurious insect pests. The lanatus) may be imported into the § 319.56–25 Papayas from Central America package containing the papayas does United States from Ecuador only in and Brazil. not contain any other fruit, including accordance with this paragraph and all The Solo type of papaya may be papayas not qualified for importation other applicable requirements of this imported into the continental United into the United States. subpart: States, Alaska, Puerto Rico, and the U.S. (f) All cartons in which papayas are (1) The cantaloupe or watermelon Virgin Islands only in accordance with packed must be stamped ‘‘Not for may be imported in commercial this section and other applicable importation into or distribution in HI.’’ consignments only. provisions of this subpart. (g) All activities described in (2) The cantaloupe or watermelon (a) The papayas were grown and paragraphs (a) through (f) of this section must have been grown in an area where packed for shipment to the United were carried out under the supervision trapping for the South American States in one of the following locations: and direction of plant health officials of cucurbit fly (Anastrepha grandis) has (1) Brazil: State of Espirito Santo; all the national Ministry of Agriculture. been conducted for at least the previous areas in the State of Bahia that are (h) Beginning at least 1 year before 12 months by the national plant between the Jequitinhonha River and harvest begins and continuing through protection organization (NPPO) of the border with the State of Espirito the completion of harvest, fruit fly traps Ecuador, under the direction of APHIS, Santo and all areas in the State of Rio were maintained in the field where the with no findings of the pest.4 Grande del Norte that contain the papayas were grown. The traps were (3) The following area meets the following municipalities: Touros, placed at a rate of 1 trap per hectare and requirements of paragraph (a)(2) of this Pureza, Rio do Fogo, Barra de were checked for fruit flies at least once section: The area within 5 kilometers of Maxaranguape, Taipu, Ceara Mirim, weekly by plant health officials of the either side of the following roads: Extremoz, Ielmon Marinho, Sao Goncalo national Ministry of Agriculture. Fifty (i) Beginning in Guayaquil, the road do Amarante, Natal, Maciaba, percent of the traps were of the McPhail north through Nobol, Palestina, and Parnamirim, Veracruz, Sao Jose de type, and 50 percent of the traps were Balzar to Velasco-Ibarra (Empalme); Mipibu, Nizia Floresta, Monte Aletre, of the Jackson type. If the average (ii) Beginning in Guayaquil, the road Areas, Senador Georgino Avelino, Jackson trap catch was greater than south through E1 26, Puerto Inca, Espirito Santo, Goianinha, Tibau do Sul, seven Medflies per trap per week, Naranjal, and Camilo Ponce to Enriquez; Vila Flor, and Canguaretama e Baia measures were taken to control the (iii) Beginning in Guayaquil, the road Formosa. Medfly population in the production east through Palestina to Vinces; (2) Costa Rica: Provinces of area. The national Ministry of (iv) Beginning in Guayaquil, the road Guanacaste, Puntarenas, San Jose. Agriculture kept records of fruit fly west through Piedrahita (Novol) to (3) El Salvador: Departments of La finds for each trap, updated the records Pedro Carbo; or Libertad, La Paz, and San Vicente. each time the traps were checked, and (v) Beginning in Guayaquil, the road (4) Guatemala: Departments of made the records available to APHIS west through Progreso, Engunga, Escuintla, Retalhuleu, Santa Rosa, and inspectors upon request. The records Tugaduaja, and Zapotal to El Azucar. Suchitepe´quez. were maintained for at least 1 year. (4) The cantaloupe or watermelon (5) Honduras: Departments of (i) If the average Jackson trap catch may not be moved into Alabama, Comayagua, Corte´s, and Santa Ba´rbara. exceeds 14 Medflies per trap per week, American Samoa, Arizona, California, (6) Nicaragua: Departments of Carazo, importations of papayas from that Florida, Georgia, Guam, Hawaii, Granada, Leon, Managua, Masaya, and production area must be halted until the Louisiana, Mississippi, New Mexico, Rivas. rate of capture drops to an average of 7 Puerto Rico, South Carolina, Texas, and (7) Panama: Provinces of Cocle, or fewer Medflies per trap per week. the U.S. Virgin Islands. The boxes in Herrera, and Los Santos; Districts of (j) In the State of Espirito Santo, which the cantaloupe or watermelon is Aleanje, David, and Dolega in the Brazil, if the average McPhail trap catch packed must be stamped with the name Province of Chiriqui; and all areas in the was greater than seven South American Province of Panama that are west of the fruit flies (Anastrepha fraterculus) per 4 Information on the trapping program may be obtained by writing to the Animal and Plant Health Panama Canal. trap per week, measures were taken to Inspection Service, International Services, Stop (b) Beginning at least 30 days before control the South American fruit fly 3432, 1400 Independence Avenue, SW., harvest began and continuing through population in the production area. If the Washington, DC 20250–3432.

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of the commodity followed by the words Imported Fuji variety apples inspected cancellation of exports from all ‘‘Not to be distributed in the following in Japan or the Republic of Korea are registered greenhouses within 2 States or territories: AL, AS, AZ, CA, FL, also subject to inspection and kilometers of the find until the source GA, GU, HI, LA, MS, NM, PR, SC, TX, disinfection at the port of first arrival, as of infestation is determined and the VI’’. provided in § 319.56–3. Medfly infestation is eradicated; (b) Cantaloupe, netted melon, (c) Trust fund agreements. The (5) MAFF must maintain records of vegetable melon, winter melon, and national plant protection agency of the trap placement, checking of traps, and watermelon from Peru. Cantaloupe, exporting country must enter into a trust any Medfly captures, and must make the netted melon, vegetable melon, and fund agreement with APHIS in records available to APHIS upon winter melon (Cucumis melo L. subsp. accordance with § 319.56–6 before request; melo); and watermelon may be imported APHIS will provide the services (6) The tomatoes must be packed into the United States from Peru only in necessary for Fuji variety apples to be within 24 hours of harvest. They must accordance with this paragraph and all imported into the United States from be safeguarded from harvest to export by other applicable requirements of this Japan or the Republic of Korea. insect-proof mesh screens or plastic subpart: tarpaulins, including while in transit to (1) The fruit may be imported in § 319.56–28 Tomatoes from certain the packing house and while awaiting commercial consignments only. countries. packaging. They must be packed in (2) The fruit must have been grown in (a) Tomatoes (fruit) (Lycopersicon insect-proof cartons or containers, or an area of Peru considered by APHIS to esculentum) from Spain. Pink or red covered by insect-proof mesh or plastic be free of the South American cucurbit tomatoes may be imported into the tarpaulins for transit to the airport and fly, must be accompanied by a United States from Spain only in subsequent export to the United States. phytosanitary certificate declaring its accordance with this section and other These safeguards must be intact upon origin in such an area, and must be applicable provisions of this subpart.5 arrival in the United States; and safeguarded and labeled, each in (1) The tomatoes must be grown in the (7) MAFF is responsible for export accordance with § 319.56–5 of this Almeria Province, the Murcia Province, certification inspection and issuance of subpart. or the municipalities of Albun˜ ol and phytosanitary certificates. Each (3) The phytosanitary certificate Carchuna in the Granada Province of consignment of tomatoes must be required under § 319.56–5 must also Spain in greenhouses registered with, accompanied by a phytosanitary include a declaration by the NPPO of and inspected by, the Spanish Ministry certificate issued by MAFF and bearing Peru indicating that, upon inspection, of Agriculture, Fisheries, and Food the declaration, ‘‘These tomatoes were the fruit was found free of the gray (MAFF); grown in registered greenhouses in pineapple mealybug (Dysmicoccus (2) The tomatoes may be shipped only Almeria Province, the Murcia Province, neobrevipes). from December 1 through April 30, or the municipalities of Albun˜ ol and (4) All shipments of fruit must be inclusive; Carchuna in the Granada Province in labeled in accordance with § 319.56– (3) Two months prior to shipping, and Spain.’’ 5(e) of this subpart, and the boxes in continuing through April 30, MAFF (b) Tomatoes (fruit) (Lycopersicon which the fruit is packed must be must set and maintain Mediterranean esculentum) from France. Pink or red labeled ‘‘Not for distribution in HI, PR, fruit fly (Medfly) traps baited with tomatoes may be imported into the VI, or Guam.’’ trimedlure inside the greenhouses at a United States from France only in rate of four traps per hectare. In all areas accordance with this section and other § 319.56–27 Fuji variety apples from Japan outside the greenhouses and within 8 applicable provisions of this subpart.6 and the Republic of Korea. kilometers, including urban and (1) The tomatoes must be grown in the Fuji variety apples may be imported residential areas, MAFF must place Brittany Region of France in into the United States from Japan and Medfly traps at a rate of four traps per greenhouses registered with, and the Republic of Korea only in square kilometer. All traps must be inspected by, the Service de la accordance with this section and other checked every 7 days; Protection Vegetaux (SRPV); applicable provisions of this subpart. (4) Capture of a single Medfly in a (2) From June 1 through September (a) Treatment and fumigation. The registered greenhouse will immediately 30, SRPV must set and maintain one apples must be cold treated and then result in cancellation of exports from Medfly trap baited with trimedlure fumigated, under the supervision of an that greenhouse until the source of inside and one outside each greenhouse APHIS inspector, either in Japan or the infestation is determined, the Medfly and must check the traps every 7 days; Republic of Korea, for the peach fruit infestation is eradicated, and measures (3) Capture of a single Medfly inside moth (Carposina niponensis), the are taken to preclude any future or outside a registered greenhouse will yellow peach moth (Conogethes infestation. Capture of a single Medfly immediately result in cancellation of punctiferalis), and the fruit tree spider within 2 kilometers of a registered exports from that greenhouse until the mite (Tetranychus viennensis), in greenhouse will necessitate increasing source of the infestation is determined, accordance with part 305 of this trap density in order to determine the Medfly infestation is eradicated, and chapter. whether there is a reproducing measures are taken to preclude any (b) APHIS inspection. The apples population in the area. Capture of two future infestation; must be inspected upon completion of Medflies within 2 kilometers of a (4) SRPV must maintain records of the treatments required by paragraph (a) registered greenhouse and within a 1- trap placement, checking of traps, and of this section, prior to export from month time period will result in any Medfly captures, and must make Japan or the Republic of Korea, by an them available to APHIS upon request; APHIS inspector and an inspector from 5 The surface area of a pink tomato is more than (5) From June 1 through September the national plant protection agency of 30 percent but not more than 60 percent pink and/ 30, the tomatoes must be packed within Japan or the Republic of Korea. The or red. The surface area of a red tomato is more than 24 hours of harvest. They must be 60 percent pink and/or red. Green tomatoes from apples shall be subject to further Spain, France, Morocco, and Western Sahara may safeguarded by insect-proof mesh screen disinfection in the exporting country if be imported in accordance with §§ 319.56–3 and plant pests are found prior to export. 319.56–4. 6 See footnote 5 to paragraph (a) of this section.

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or plastic tarpaulin while in transit to Medfly within 200 meters of a registered United States. These safeguards must be the packing house and while awaiting greenhouse will necessitate increasing intact upon arrival in the United States; packing. They must be packed in insect- trap density in order to determine and proof cartons or containers, or covered whether there is a reproducing (3) Tomatoes may be imported into by insect-proof mesh screen or plastic population in the area. Six additional the United States from Chile only if tarpaulin. These safeguards must be traps must be placed within a radius of SAG has entered into a trust fund intact upon arrival in the United States; 200 meters surrounding the trap where agreement with APHIS for that shipping and the Medfly was captured. Capture of season in accordance with § 319.56–6. (6) SRPV is responsible for export two Medflies within 200 meters of a This agreement requires SAG to pay in certification inspection and issuance of registered greenhouse and within a 1- advance all costs that APHIS estimates phytosanitary certificates. Each month time period will necessitate it will incur in providing the consignment of tomatoes must be Malathion bait sprays in the area every preclearance services prescribed in this accompanied by a phytosanitary 7 to 10 days for 60 days to ensure section for that shipping season. certificate issued by SRPV and bearing eradication; (e) Tomatoes (fruit) (Lycopersicon the declaration, ‘‘These tomatoes were (6) The tomatoes must be packed esculentum) from Australia. Tomatoes grown in registered greenhouses in the within 24 hours of harvest and must be may be imported into the United States Brittany Region of France.’’ pink at the time of packing. They must from Australia only in accordance with (c) Tomatoes (fruit) (Lycopersicon be safeguarded by an insect-proof mesh this section and other applicable esculentum) from Morocco and Western screen or plastic tarpaulin while in provisions of this subpart. Sahara. Pink tomatoes may be imported transit to the packing house and while (1) The tomatoes must be grown in into the United States from Morocco awaiting packing. They must be packed greenhouses registered with, and and Western Sahara only in accordance in insect-proof cartons or containers, or inspected by, the Australian Quarantine with this section and other applicable covered by insect-proof mesh or plastic Inspection Service (AQIS); provisions of this subpart.7 tarpaulin for transit to the airport and (2) Two months prior to shipping, (1) The tomatoes must be grown in the export to the United States. These AQIS must inspect the greenhouse to provinces of El Jadida or Safi in safeguards must be intact upon arrival establish its freedom from the following Morocco or in the province of Dahkla in in the United States; and quarantine pests: Bactrocera aquilonis, Western Sahara in insect-proof (7) The Moroccan Ministry of B. cucumis, B. jarvis, B. neohumeralis, greenhouses registered with, and Agiculture, Fresh Product Export B. tryoni, Ceratitis capitata, inspected by, the Moroccan Ministry of (EACCE) is responsible for export Chrysodeixis argentifera, C. erisoma, Agriculture, Division of Plant certification inspection and issuance of Helicoverpa armigera, H. punctigera, Protection, Inspection, and Enforcement phytosanitary certificates. Each Lamprolonchaea brouniana, Sceliodes (DPVCTRF); consignment of tomatoes must be cordalis, and Spodoptera litura. AQIS (2) The tomatoes may be shipped from accompanied by a phytosanitary must also set and maintain fruit fly traps Morocco and Western Sahara only certificate issued by EACCE and bearing inside the greenhouses and around the between December 1 and April 30, the declaration, ‘‘These tomatoes were perimeter of the greenhouses. Inside the inclusive; grown in registered greenhouses in El greenhouses, the traps must be APHIS- (3) Beginning 2 months prior to the Jadida or Safi Province, Morocco, and approved fruit fly traps, and they must start of the shipping season and were pink at the time of packing’’ or be set at the rate of six per hectare. In continuing through the end of the ‘‘These tomatoes were grown in all areas outside the greenhouse and shipping season, DPVCTRF must set registered greenhouses in Dahkla within 8 kilometers of the greenhouse, and maintain Mediterranean fruit fly Province, Western Sahara and were pink fruit fly traps must be placed on a 1- (Medfly) traps baited with trimedlure at the time of packing.’’ kilometer grid. All traps must be inside the greenhouses at a rate of four (d) Tomatoes (fruit) (Lycopersicon checked at least every 7 days; traps per hectare. In Morocco, traps esculentum) from Chile. Tomatoes from (3) Within a registered greenhouse, must also be placed outside registered Chile, whether green or at any stage of capture of a single fruit fly or other greenhouses within a 2-kilometer radius ripeness, may be imported into the quarantine pest will result in immediate at a rate of four traps per square United States only in accordance with cancellation of exports from that kilometer. In Western Sahara, a single this section and other applicable greenhouse until the source of the trap must be placed outside in the provisions of this subpart. infestation is determined, the infestation immediate proximity of each registered (1) The tomatoes must be treated in has been eradicated, and measures are greenhouse. All traps in Morocco and Chile with methyl bromide in taken to preclude any future infestation; Western Sahara must be checked every accordance with part 305 of this (4) Outside of a registered greenhouse, 7 days; chapter. The treatment must be if one fruit fly of the species specified (4) DPVCTRF must maintain records conducted in facilities registered with in paragraph (e)(2) of this section is of trap placement, checking of traps, the Servicio Agricola y Ganadero (SAG) captured, the trap density and frequency and any Medfly captures, and make the and with APHIS personnel monitoring of trap inspection must be increased to records available to APHIS upon the treatments; detect a reproducing colony. Capture of request; (2) The tomatoes must be treated and two Medflies or three of the same (5) Capture of a single Medfly in a packed within 24 hours of harvest. Once species of Bactrocera within 2 registered greenhouse will immediately treated, the tomatoes must be kilometers of each other and within 30 result in cancellation of exports from safeguarded by an insect-proof mesh days will result in the cancellation of that greenhouse until the source of the screen or plastic tarpaulin while in exports from all registered greenhouses infestation is determined, the Medfly transit to the packing house and within 2 kilometers of the finds until infestation has been eradicated, and awaiting packing. They must be packed the source of the infestation is measures are taken to preclude any in insect-proof cartons or containers, or determined and the fruit fly infestation future infestation. Capture of a single insect-proof mesh or plastic tarpaulin is eradicated; under APHIS monitoring for transit to (5) AQIS must maintain records of 7 See footnote 5 to paragraph (a) of this section. the airport and subsequent export to the trap placement, checking of traps, and

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any fruit fly captures, and must make Ministry of Agriculture stating that the from the large avocado seed weevil the records available to APHIS upon conditions of this section have been Heilipus lauri, the avocado seed moth request; met. Stenoma catenifer, and the small (6) The tomatoes must be packed avocado seed weevils Conotrachelus within 24 hours of harvest. They must § 319.56–30 Hass avocados from aguacatae and C. perseae. be safeguarded by an insect-proof mesh Michoacan, Mexico. (iii) Trapping must be conducted in screen or plastic tarpaulin while in Fresh Hass variety avocados (Persea the municipality for Mediterranean fruit transit to the packing house or while americana) may be imported from fly (Medfly) (Ceratitis capitata) at the awaiting packing. They must be placed Michoacan, Mexico, into the United rate of 1 trap per 1 to 4 square miles. in insect-proof cartons or containers, or States in accordance with the Any findings of Medfly must be securely covered with insect-proof mesh requirements of § 319.56–3 of this reported to APHIS. or plastic tarpaulin for transport to the subpart, and only under the following (2) Orchard and grower requirements. airport or other shipping point. These conditions: The orchard and the grower must be safeguards must be intact upon arrival (a) Shipping restrictions. (1) The registered with the Mexican NPPO’s in the United States; and avocados may be imported in avocado export program and must be (7) Each consignment of tomatoes commercial consignments only; listed as an approved orchard or an must be accompanied by a (2) Between January 31, 2005 and approved grower in the annual work phytosanitary certificate issued by AQIS January 31, 2007, the avocados may be plan provided to APHIS by the Mexican stating ‘‘These tomatoes were grown, imported into and distributed in all NPPO. The operations of the orchard packed, and shipped in accordance with States except California, Florida, must meet the following conditions: the requirements of § 319.56–28(e) of 7 Hawaii, Puerto Rico, and U.S. (i) The orchard and all contiguous CFR.’’ Territories. After January 31, 2007, the orchards and properties must be avocados may be imported into and surveyed semiannually and found to be § 319.56–29 Ya variety pears from China. distributed in all States, but not Puerto free from the avocado stem weevil Ya variety pears may be imported into Rico or any U.S. Territory. Copturus aguacatae. the United States from China only in (b) Trust fund agreement. The (ii) Trapping must be conducted in accordance with this section and other avocados may be imported only if the the orchard for the fruit flies Anastrepha applicable provisions of this subpart. Mexican avocado industry association ludens, A. serpentina, and A. striata at (a) Growing and harvest conditions. representing Mexican avocado growers, the rate of one trap per 10 hectares. If (1) The pears must have been grown by packers, and exporters has entered into one of those fruit flies is trapped, at growers registered with the Chinese a trust fund agreement with APHIS for least 10 additional traps must be Ministry of Agriculture in an APHIS- that shipping season in accordance with deployed in a 50-hectare area approved export growing area in the § 319.56–6. immediately surrounding the trap in Hebei or Shandong Provinces. (c) Safeguards in Mexico. The which the fruit fly was found. If within (2) Field inspections for signs of pest avocados must have been grown in the 30 days of the first finding any infestation must be conducted by the Mexican State of Michoacan in an additional fruit flies are trapped within Chinese Ministry of Agriculture during orchard located in a municipality that the 260-hectare area surrounding the the growing season. meets the requirements of paragraph first finding, malathion bait treatments (3) The registered growers shall be (c)(1) of this section. The orchard in must be applied in the affected orchard responsible for following the which the avocados are grown must in order for the orchard to remain phytosanitary measures agreed upon by meet the requirements of paragraph eligible to export avocados. APHIS and the Chinese Ministry of (c)(2) of this section. The avocados must (iii) Avocado fruit that has fallen from Agriculture, including applying be packed for export to the United the trees must be removed from the pesticides to reduce the pest population States in a packinghouse that meets the orchard at least once every 7 days and and bagging the pears on the trees to requirements of paragraph (c)(3) of this may not be included in field boxes of reduce the opportunity for pests to section. The Mexican national plant fruit to be packed for export. attack the fruit during the growing protection organization (NPPO) must (iv) Dead branches on avocado trees season. The bags must remain on the provide an annual work plan to APHIS in the orchard must be pruned and pears through the harvest and during that details the activities that the removed from the orchard. their movement to the packing house. Mexican NPPO will, subject to APHIS’ (v) Harvested avocados must be (4) The packing houses in which the approval of the work plan, carry out to placed in field boxes or containers of pears are prepared for exportation shall meet the requirements of this section; field boxes that are marked to show the not be used for any fruit other than Ya APHIS will be directly involved with official registration number of the variety pears from registered growers the Mexican NPPO in the monitoring orchard. The avocados must be moved during the pear export season. The and supervision of those activities. The from the orchard to the packinghouse packing houses shall accept only those personnel conducting the trapping and within 3 hours of harvest or they must pears that are in intact bags as required pest surveys must be hired, trained, and be protected from fruit fly infestation by paragraph (a)(3) of this section. The supervised by the Mexican NPPO or by until moved. pears must be loaded into containers at the Michoacan State delegate of the (vi) The avocados must be protected the packing house and the containers Mexican NPPO. from fruit fly infestation during their then sealed before movement to the port (1) Municipality requirements. (i) The movement from the orchard to the of export. municipality must be listed as an packinghouse and must be accompanied (b) Treatment. Pears from Shandong approved municipality in the bilateral by a field record indicating that the Province must be cold treated for work plan provided to APHIS by the avocados originated from a certified Bactrocera dorsalis in accordance with Mexican NPPO. orchard. part 305 of this chapter. (ii) The municipality must be (3) Packinghouse requirements. The (c) Each consignment of pears must be surveyed at least semiannually (once packinghouse must be registered with accompanied by a phytosanitary during the wet season and once during the Mexican NPPO’s avocado export certificate issued by the Chinese the dry season) and found to be free program and must be listed as an

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approved packinghouse in the annual unopened until it reaches the port of eradication measures taken have been work plan provided to APHIS by the first arrival in the United States. effective and that the pest risk within Mexican NPPO. The operations of the (ix) Any avocados that have not been that orchard has been eliminated. packinghouse must meet the following packed or loaded into a refrigerated (f) Ports. The avocados may enter the conditions: truck or refrigerated container by the United States only through a port of (i) During the time the packinghouse end of the work day must be kept in the entry located in a State where the is used to prepare avocados for export screened packing area. distribution of the fruit is authorized to the United States, the packinghouse (d) Certification. All consignments of pursuant to paragraph (a)(2) of this may accept fruit only from orchards avocados must be accompanied by a section. certified by the Mexican NPPO for phytosanitary certificate issued by the (g) Inspection. The avocados are participation in the avocado export Mexican NPPO with an additional subject to inspection by an inspector at program. declaration certifying that the the port of first arrival. At the port of (ii) All openings to the outside must conditions specified in this section have first arrival, an inspector will sample be covered by screening with openings been met. and cut avocados from each of not more than 1.6 mm or by some (e) Pest detection. (1) If any of the consignment to detect pest infestation. other barrier that prevents insects from avocado seed pests Heilipus lauri, (h) Inspection. The avocados are entering the packinghouse. Conotrachelus aguacatae, C. perseae, or subject to inspection by an inspector at Stenoma catenifer are discovered in a (iii) The packinghouse must have the port of first arrival, at any stops in municipality during the semiannual double doors at the entrance to the the United States en route to an pest surveys, orchard surveys, facility and at the interior entrance to approved State, and upon arrival at the packinghouse inspections, or other the area where the avocados are packed. terminal market in the approved States. monitoring or inspection activity in the (iv) Prior to the culling process, a At the port of first arrival, an inspector municipality, the Mexican NPPO must will sample and cut avocados from each biometric sample, at a rate determined immediately initiate an investigation by APHIS, of avocados per consignment shipment to detect pest infestation. and take measures to isolate and (i) Repackaging. If any avocados are must be selected, cut, and inspected by eradicate the pests. The Mexican NPPO the Mexican NPPO and found free from removed from their original shipping must also provide APHIS with boxes and repackaged, the stickers pests. information regarding the circumstances (v) The identity of the avocados must required by paragraph (c)(3)(vi) of this of the infestation and the pest risk section may not be removed or obscured be maintained from field boxes or mitigation measures taken. The containers to the shipping boxes so the and the new boxes must be clearly municipality in which the pests are marked with all the information avocados can be traced back to the discovered will lose its pest-free orchard in which they were grown if required by paragraph (c)(3)(vii) of this certification and avocado exports from section. pests are found at the packinghouse or that municipality will be suspended the port of first arrival in the United until APHIS and the Mexican NPPO § 319.56–31 Peppers from Spain. States. agree that the pest eradication measures Peppers (fruit) (Capsicum spp.) may (vi) Prior to being packed in boxes, taken have been effective and that the be imported into the United States from each avocado fruit must be cleaned of pest risk within that municipality has Spain only under permit, and only in all stems, leaves, and other portions of been eliminated. accordance with this section and all plants and labeled with a sticker that (2) If the Mexican NPPO discovers the other applicable requirements of this bears the official registration number of stem weevil Copturus aguacatae in an subpart: the packinghouse. orchard during an orchard survey or (a) The peppers must be grown in the (vii) The avocados must be packed in other monitoring or inspection activity Alicante or Almeria Province of Spain clean, new boxes, or clean plastic in the orchard, the Mexican NPPO must in pest-proof greenhouses registered reusable crates. The boxes or crates provide APHIS with information with, and inspected by, the Spanish must be clearly marked with the regarding the circumstances of the Ministry of Agriculture, Fisheries, and identity of the grower, packinghouse, infestation and the pest risk mitigation Food (MAFF); and exporter. Between January 31, 2005 measures taken. The orchard in which (b) The peppers may be shipped only and January 31, 2007, the boxes or the pest was found will lose its export from December 1 through April 30, crates must be clearly marked with the certification immediately and avocado inclusive; statement ‘‘Not for importation or exports from that orchard will be (c) Beginning October 1, and distribution in CA, FL, HI, Puerto Rico suspended until APHIS and the continuing through April 30, MAFF or U.S. Territories.’’ After January 31, Mexican NPPO agree that the pest must set and maintain Mediterranean 2007, the boxes or crates must be clearly eradication measures taken have been fruit fly (Ceratitis capitata) (Medfly) marked with the statement ‘‘Not for effective and that the pest risk within traps baited with trimedlure inside the importation or distribution in Puerto that orchard has been eliminated. greenhouses at a rate of four traps per Rico or U.S. Territories.’’ (3) If the Mexican NPPO discovers the hectare. In all outside areas, including (viii) The boxes must be placed in a stem weevil Copturus aguacatae in fruit urban and residential areas, within 8 refrigerated truck or refrigerated at a packinghouse, the Mexican NPPO kilometers of the greenhouses, MAFF container and remain in that truck or must investigate the origin of the must set and maintain Medfly traps container while in transit through infested fruit and provide APHIS with baited with trimedlure at a rate of four Mexico to the port of first arrival in the information regarding the circumstances traps per square kilometer. All traps United States. Prior to leaving the of the infestation and the pest risk must be checked every 7 days; packinghouse, the truck or container mitigation measures taken. The orchard (d) Capture of a single Medfly in a must be secured by Sanidad Vegetal where the infested fruit originated will registered greenhouse will immediately with a seal that will be broken when the lose its export certification immediately halt exports from that greenhouse until truck or container is opened. Once and avocado exports from that orchard the Administrator determines that the sealed, the refrigerated truck or will be suspended until APHIS and the source of infestation has been identified, refrigerated container must remain Mexican NPPO agree that the pest that all Medflies have been eradicated,

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and that measures have been taken to § 319.56–33 Mangoes from the Philippines. (2) Enter into an agreement with the preclude any future infestation. Capture Mangoes (fruit) (Mangifera indica) Government of Spain whereby the of a single Medfly within 2 kilometers may be imported into the United States producer agrees to participate in and of a registered greenhouse will from the Philippines only in accordance follow the Mediterranean fruit fly necessitate increased trap density in with this section and other applicable management program established by the order to determine whether there is a provisions of this subpart. Government of Spain. reproducing population in the area. (a) Limitation of origin. The mangoes (c) Management program for Capture of two Medflies within 2 must have been grown on the island of Mediterranean fruit fly; monitoring. The kilometers of a registered greenhouse Guimaras, which the Administrator has Government of Spain’s Mediterranean during a 1-month period will halt determined meets the criteria set forth fruit fly (Ceratitis capitata) management exports from all registered greenhouses in § 319.56–5 with regard to the mango program must be approved by APHIS, within 2 kilometers of the capture, until seed weevil (Sternochetus mangiferae). and must contain the fruit fly trapping the source of infestation is determined (b) Treatment. The mangoes must be and recordkeeping requirements and all Medflies are eradicated; treated for fruit flies of the genus specified in this paragraph. The (e) The peppers must be safeguarded Bactrocera with vapor heat under the program must also provide that from harvest to export by insect-proof supervision of an inspector in clementine producers must allow mesh or plastic tarpaulin, including accordance with the regulations in part APHIS inspectors access to clementine while in transit to the packing house 305 of this chapter. production areas in order to monitor and while awaiting packing. They must (c) Inspection. Mangoes from the compliance with the Mediterranean be packed in insect-proof cartons or Philippines are subject to inspection fruit fly management program. covered by insect-proof mesh or plastic under the direction of an inspector, (1) Trapping and control. In areas tarpaulin for transit to the airport and either in the Philippines or at the port where clementines are produced for subsequent export to the United States. of first arrival in the United States. export to the United States, traps must These safeguards must be intact upon Mangoes inspected in the Philippines be placed in Mediterranean fruit fly host arrival in the United States; are subject to reinspection at the port of plants at least 6 weeks prior to harvest. Bait treatments using malathion, (f) The peppers must be packed for first arrival in the United States as spinosad, or another pesticide that is shipment within 24 hours of harvest; provided in § 319.56–3. approved by APHIS and the (g) During shipment, the peppers may (d) Labeling. Each box of mangoes must be clearly labeled in accordance Government of Spain must be applied in not transit other fruit fly-supporting the production areas at the rate areas unless shipping containers are with § 319.56–5(c)(1). (e) Phytosanitary certificate. Each specified by Spain’s Medfly sealed by MAFF with an official seal consignment of mangoes must be management program. whose number is noted on the accompanied by a phytosanitary (2) Records. The Government of Spain phytosanitary certificate; and certificate issued by the Republic of the or its designated representative must (h) A phytosanitary certificate issued Philippines Department of Agriculture keep records that document the fruit fly by MAFF and bearing the declaration, that contains additional declarations trapping and control activities in areas ‘‘These peppers were grown in stating that the mangoes were grown on that produce clementines for export to registered greenhouses in Alicante or the island of Guimaras and have been the United States. All trapping and Almeria Province in Spain,’’ must treated for fruit flies of the genus control records kept by the Government accompany the consignment. Bactrocera in accordance with of Spain or its designated representative § 319.56–32 Peppers from New Zealand. paragraph (b) of this section. must be made available to APHIS upon request. Peppers (fruit) (Capsicum spp.) from (f) Trust Fund Agreement. Mangoes that are treated or inspected in the (3) Compliance. If APHIS determines New Zealand may be imported into the that an orchard is not operating in United States only in accordance with Philippines may be imported into the United States only if the Republic of the compliance with the regulations in this this section and other applicable section, it may suspend exports of provisions of this subpart. Philippines Department of Agriculture (RPDA) has entered into a trust fund clementines from that orchard. (a) The peppers must be grown in (d) Phytosanitary certificate. New Zealand in insect-proof agreement with APHIS in accordance with § 319.56–6. Clementines from Spain must be greenhouses approved by the New accompanied by a phytosanitary Zealand Ministry of Agriculture and § 319.56–34 Clementines from Spain. certificate stating that the fruit meets the Forestry (MAF). Clementines (Citrus reticulata) from conditions of the Government of Spain’s (b) The greenhouses must be Spain may only be imported into the Mediterranean fruit fly management equipped with double self-closing United States in accordance with this program and applicable APHIS doors, and any vents or openings in the section and other applicable provisions regulations. greenhouses (other than the double of this subpart. (e) Labeling. Boxes in which closing doors) must be covered with 0.6 (a) Trust fund agreement. Clementines clementines are packed must be labeled mm screening in order to prevent the from Spain may be imported only if the with a lot number that provides entry of pests into the greenhouse. Government of Spain or its designated information to identify the orchard (c) The greenhouses must be representative enters into a trust fund where the fruit was grown and the examined periodically by MAF to agreement with APHIS before each packinghouse where the fruit was ensure that the screens are intact. shipping season in accordance with packed. The lot number must end with (d) Each consignment of peppers must § 319.56–6. the letters ‘‘US.’’ All labeling must be be accompanied by a phytosanitary (b) Grower registration and large enough to clearly display the certificate of inspection issued by MAF agreement. Persons who produce required information and must be bearing the following declaration: clementines in Spain for export to the located on the outside of the boxes to ‘‘These peppers were grown in United States must: facilitate inspection. greenhouses in accordance with the (1) Be registered with the Government (f) Pre-treatment sampling; rates of conditions in § 319.56–32.’’ of Spain; and inspection. For each consignment of

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clementines intended for export to the producer or a homogenous production (b) The NPPO must inspect and United States, prior to cold treatment, unit 8). regularly monitor greenhouses for plant inspectors will cut and inspect 200 fruit Orchard. A plot on which pests. The NPPO must inspect that are randomly selected from clementines are grown that is separately greenhouses and plants, including fruit, throughout the consignment. If registered in the Spanish Medfly at intervals of no more than 2 weeks, inspectors find a single live management program. from the time of fruit set until the end Mediterranean fruit fly in any stage of Shipping season. For the purposes of of harvest. development during an inspection, the this section, a shipping season is (c) The NPPO must set and maintain entire consignment of clementines will considered to include the period McPhail traps (or a similar type with a be rejected. If a live Mediterranean fruit beginning approximately in mid- protein bait that has been approved for fly in any stage of development is found September and ending approximately in the pests of concern) in greenhouses in any two lots of fruit from the same late February of the next calendar year. from October 1 to April 30. The number orchard during the same shipping § 319.56–35 Persimmons from the of traps must be set as follows: Two season, that orchard will be removed Republic of Korea. traps for greenhouses smaller than 0.2 from the export program for the Persimmons (fruit) (Disopyros khaki) hectare in size; three traps for remainder of that shipping season. may be imported into the United States greenhouses 0.2 to 0.5 hectare; four (g) Cold treatment. Clementines must from the Republic of Korea only in traps for greenhouses over 0.5 hectare be cold treated in accordance with part accordance with this section and other and up to 1.0 hectare; and for 305 of this chapter. Upon arrival of applicable provisions of this subpart. greenhouses greater than 1 hectare, traps clementines at a port of entry into the (a) The production site, which is an must be placed at a rate of four traps per United States, inspectors will examine orchard, where the persimmons are hectare. the cold treatment data for each grown must have been inspected at least (d) The NPPO must check all traps shipment to ensure that the cold once during the growing season and once every 2 weeks. If a single pumpkin treatment was successfully completed. If before harvest for the following pests: fruit fly is captured, that greenhouse the cold treatment has not been Conogethes punctiferalis, Planococcus will lose its registration until trapping successfully completed, the shipment kraunhiae, Stathmopoda masinissa, and shows that the infestation has been will be held until appropriate remedial Tenuipalpus zhizhilashiviliae. eradicated. actions have been implemented. (b) After harvest, the persimmons (e) The fruit may be shipped only (h) Port of entry sampling. must be inspected by the Republic of from December 1 through April 30. Clementines imported from Spain are Korea’s national plant protection (f) Each shipment must be subject to inspection by an inspector at organization (NPPO) and found free of accompanied by a phytosanitary the port of entry into the United States. the pests listed in paragraph (a) of this certificate issued by NPPO, with the At the port of first arrival, an inspector section before the persimmons may be following additional declaration: ‘‘The will sample and cut clementines from shipped to the United States; regulated articles in this shipment were each consignment to detect pest (c) Each consignment of persimmons grown in registered greenhouses as infestation according to sampling rates must be accompanied by a specified by 7 CFR 319.56–36.’’ determined by the Administrator. If a phytosanitary certificate issued by the (g) Each shipment must be protected single live Mediterranean fruit fly in any Republic of Korea’s NPPO stating that from pest infestation from harvest until stage of development is found, the the fruit is free of Conogethes export. Newly harvested fruit must be consignment will be held until an punctiferalis, Planococcus kraunhiae, covered with insect-proof mesh or a investigation is completed and Stathmopoda masinissa, and plastic tarpaulin while moving to the appropriate remedial actions have been Tenuipalpus zhizhilashiviliae. packinghouse and awaiting packing. implemented. (d) If any of the pests listed in Fruit must be packed within 24 hours of (i) Suspension of program. If APHIS paragraph (a) of this section are detected harvesting, in an enclosed container or determines at any time that the in an orchard, exports from that orchard vehicle or in insect-proof cartons or safeguards contained in this section are will be canceled until the source of cartons covered with insect-proof mesh not protecting against the introduction infestation is determined and the or plastic tarpaulin, and then placed in of Medflies into the United States, infestation is eradicated. containers for shipment. These APHIS may suspend the importation of safeguards must be intact when the § 319.56–36 Watermelon, squash, shipment arrives at the port in the clementines and conduct an cucumber, and oriental melon from the investigation into the cause of the Republic of Korea. United States. deficiency. Watermelon (Citrullus lanatus), § 319.56–37 Grapes from the Republic of (j) Definitions. The following are squash (Curcurbita maxima), cucumber Korea. definitions for terms used in this (Cucumis sativus), and oriental melon Grapes (Vitis spp.) may be imported section: (Cucumis melo) may be imported into into the United States from the Republic Consignment. (1) Untreated fruit. For the United States from the Republic of of Korea under the following conditions: untreated fruit, the term means one or Korea only in accordance with this (a) The fields where the grapes are more lots (containing no more than a paragraph and all other applicable grown must be inspected during the combined total of 200,000 boxes of requirements of this subpart: growing season by the Republic of clementines) that are presented to an (a) The fruit must be grown in pest- Korea’s national plant protection inspector for pre-treatment inspection. proof greenhouses registered with the organization (NPPO). The NPPO will (2) Treated fruit. For treated fruit, the Republic of Korea’s national plant inspect 250 grapevines per hectare, term means one or more lots of protection organization (NPPO). inspecting leaves, stems, and fruit of the clementines that are imported into the vines. United States on the same conveyance. 8 A homogeneous production unit is a group of (b) If evidence of Conogethes Lot. For the purposes of this section, adjacent orchards in Spain that are owned by one or more growers who follow a homogenous punctiferalis, Eupoecilia ambiguella, a number of units of clementines that production system under the same technical Sparganothis pilleriana, Stathmopoda are from a common origin (i.e., a single guidance. auriferella, or Monilinia fructigena is

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detected during inspection, the field method as follows: The fruit and importation into the United States only will immediately be rejected, and pedicels must be washed using a if it is fumigated in Chile in accordance exports from that field will be canceled flushing method, placed in a 20 mesh with paragraph (e) of this section. The until visual inspection of the vines sieve on top of a 200 mesh sieve, production site will be suspended from shows that the infestation has been sprinkled with a liquid soap and water the low prevalence certification program eradicated. solution, washed with water at high and all subsequent lots of fruit from the (c) Fruit must be bagged from the time pressure, and washed with water at low production site of origin will be the fruit sets until harvest. pressure. The process must then be required to be fumigated as a condition (d) Each shipment must be inspected repeated. The contents of the sieves of entry to the United States for the by the NPPO before export. For each must then be placed on a petri dish and remainder of the shipping season. shipment, the NPPO must issue a analyzed for the presence of live B. (B) If inspectors find evidence of any phytosanitary certificate with an chilensis mites. If a single live B. other quarantine pest, the fruit in the additional declaration stating that the chilensis mite is found, the production consignment will remain eligible for fruit in the shipment was found free site will not qualify for certification as importation into the United States only from C. punctiferalis, E. ambiguella, S. a low prevalence production site and if an authorized treatment for the pest pilleriana, S. auriferella, or M. will be eligible to export fruit to the is available in the PPQ Treatment fructigena, and Nippoptilia vitis. United States only if the fruit is Manual and the entire consignment is fumigated in accordance with paragraph treated for the pest in Chile under § 319.56–38 Clementines, mandarins, and (e) of this section. Each production site tangerines from Chile. APHIS supervision. may have only one opportunity per (iii) Each consignment of fruit must be Clementines (Citrus reticulata Blanco harvest season to qualify as a low accompanied by a phytosanitary var. Clementine), mandarins (Citrus prevalence production site, and certificate issued by the NPPO of Chile reticulata Blanco), and tangerines certification of low prevalence will be that contains an additional declaration (Citrus reticulata Blanco) may be valid for one harvest season only. The stating that the fruit in the consignment imported into the United States from NPPO of Chile will present a list of meets the conditions of § 319.56–38(d). Chile only under the following certified production sites to APHIS. (e) Approved fumigation. conditions: (3) Post-harvest processing. After Clementines, mandarins, or tangerines (a) The fruit must be accompanied by harvest and before packing, the fruit that do not meet the conditions of a permit issued in accordance with must be washed, rinsed in a chlorine paragraph (d) of this section may be § 319.56–3(b). bath, washed with detergent with imported into the United States if the (b) If the fruit is produced in an area brushing using bristle rollers, rinsed fruit is fumigated either in Chile or at of Chile where Mediterranean fruit fly with a hot water shower with brushing the port of first arrival in the United (Ceratatis capitata) is known to occur, using bristle rollers, predried at room States with methyl bromide for B. the fruit must be cold treated in temperature, waxed, and dried with hot chilensis in accordance with part 305 of accordance with part 305 of this air. this chapter. An APHIS inspector will chapter. Fruit for which cold treatment (4) Phytosanitary inspection. The fruit monitor the fumigation of the fruit and is required must be accompanied by must be inspected in Chile at an APHIS- will prescribe such safeguards as may be documentation indicating that the cold approved inspection site under the necessary for unloading, handling, and treatment was initiated in Chile (a PPQ direction of APHIS inspectors in transportation preparatory to Form 203 or its equivalent may be used coordination with the NPPO of Chile fumigation. The final release of the fruit for this purpose). after the post-harvest processing. A for entry into the United States will be (c) The fruit must either be produced biometric sample will be drawn and conditioned upon compliance with and shipped under the systems examined from each consignment of prescribed safeguards and required approach described in paragraph (d) of fruit, which may represent multiple treatment. this section or fumigated in accordance grower lots from different packing (f) Trust fund agreement. with paragraph (e) of this section. sheds. Clementines, mandarins, or Clementines, mandarins, and tangerines (d) Systems approach. The fruit may tangerines in any consignment may be may be imported into the United States be imported without fumigation for shipped to the United States only if the under this section only if the NPPO of Brevipalpus chilensis if it meets the consignment passes inspection as Chile has entered into a trust fund following conditions: follows: agreement with APHIS in accordance (1) Production site registration. The (i) Fruit presented for inspection must with § 319.56–6. production site where the fruit is grown be identified in the shipping documents must be registered with the national accompanying each lot of fruit that § 319.56–39 Fragrant pears from China. plant protection organization (NPPO) of identify the production site(s) where the Fragrant pears may be imported into Chile. To register, the production site fruit was produced and the packing the United States from China only under must provide Chile’s NPPO with the shed(s) where the fruit was processed. the following conditions: following information: Production site This identity must be maintained until (a) Origin, growing, and harvest name, grower, municipality, province, the fruit is released for entry into the conditions. (1) The pears must have region, area planted to each species, United States. been grown in the Korla region of number of plants/hectares/species, and (ii) A biometric sample of boxes from Xinjiang Province in a production site approximate date of harvest. each consignment will be selected and that is registered with the national plant Registration must be renewed annually. the fruit from these boxes will be protection organization of China. (2) Low prevalence production site visually inspected for quarantine pests, (2) All propagative material certification. Between 1 and 30 days and a portion of the fruit will be washed introduced into a registered production prior to harvest, random samples of fruit and the collected filtrate will be site must be certified free of the pests must be collected from each registered microscopically examined for B. listed in this section by the national production site under the direction of chilensis. plant protection organization of China. Chile’s NPPO. These samples must (A) If a single live B. chilensis mite is (3) Within 30 days prior to harvest, undergo a pest detection and evaluation found, the fruit will be eligible for the national plant protection

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organization of China or officials apple curculio (R. heros), APHIS may plastic tarpaulin at the packinghouse for authorized by the national plant reject the lot or consignment. transit to the United States. These protection organization of China must (b) Packing requirements. (1) The safeguards must remain intact until inspect the registered production site for fragrant pears must be packed in cartons arrival in the United States. signs of pest infestation and allow that are labeled in accordance with (4) The exporting country’s NPPO is APHIS to monitor the inspections. The § 319.56–5(e). responsible for export certification, national plant protection organization of (2) The fragrant pears must be held in inspection, and issuance of China must provide APHIS with a cold storage facility while awaiting phytosanitary certificates. Each information on pest detections and pest export. If fruit from unregistered shipment of peppers must be detection practices, and APHIS must production sites are stored in the same accompanied by a phytosanitary approve the pest detection practices. facility, the fragrant pears must be certificate issued by the NPPO and (4) If any of the quarantine pests listed isolated from that other fruit. bearing the declaration, ‘‘These peppers in this section are found during the pre- (c) Shipping requirements. (1) The were grown in an area recognized to be harvest inspection or at any other time, fragrant pears must be shipped in free of Medfly and the shipment has the national plant protection insect-proof containers and all pears been inspected and found free of the organization of China must notify must be safeguarded during transport to pests listed in the requirements.’’ APHIS immediately. the United States in a manner that will (b) For peppers of the species (i) Upon detection of Oriental fruit fly prevent pest infestation. Capsicum annuum, Capsicum (Bactrocera dorsalis), APHIS may reject (2) The fragrant pears may be frutescens, Capsicum baccatum, the lot or consignment and may prohibit imported only under a permit issued by Capsicum chinense, and Capsicum the importation into the United States of APHIS in accordance with § 319.56– pubescens from areas in which Medfly fragrant pears from China until an 3(b). is considered to exist: investigation is conducted and APHIS (3) Each shipment of pears must be (1) The peppers must be grown in and the national plant protection accompanied by a phytosanitary approved production sites registered organization of China agree that certificate issued by the national plant with the NPPO of the exporting country. appropriate remedial action has been protection organization of China stating Initial approval of the production sites taken. that the conditions of this section have will be completed jointly by the (ii) Upon detection of peach fruit been met and that the shipment has exporting country’s NPPO and APHIS. borer (Carposina sasaki), yellow peach been inspected and found free of the The exporting country’s NPPO will visit moth (Conogethes punctiferalis), apple pests listed in this section. and inspect the production sites fruit moth (Cydia inopinata), Hawthorn monthly, starting 2 months before spider mite (Tetranychus viennensis), § 319.56–40 Peppers from certain Central harvest and continuing through until red plum maggot (Cydia funebrana), American countries. the end of the shipping season. APHIS brown rot (Monilinia fructigena), Asian Fresh peppers (Capsicum spp.) may may monitor the production sites at any pear scab (Venturia nashicola), pear be imported into the United States from time during this period. trellis rust (Gymnosporangium fuscum), Costa Rica, El Salvador, Guatemala, (2) Pepper production sites must Asian pear black spot (Alternaria spp.), Honduras, and Nicaragua only under consist of pest-exclusionary or phylloxeran (Aphanostigma sp. poss. the following conditions: greenhouses, which must have self- jackusiensis), APHIS may reject the lot (a) For peppers of the species closing double doors and have all other or consignment and may prohibit the Capsicum annuum, Capsicum openings and vents covered with 1.6 (or importation into the United States of frutescens, Capsicum baccatum, and less) mm screening. fragrant pears from the production site Capsicum chinense from areas free of (3) Registered sites must contain traps for the season. The exportation to the Mediterranean fruit fly (Medfly), terms for the detection of Medfly both within United States of fragrant pears from the of entry are as follows: and around the production site. production site may resume in the next (1) The peppers must be grown and (i) Traps with an approved protein growing season if an investigation is packed in an area that has been bait must be placed inside the conducted and APHIS and the national determined by APHIS to be free of greenhouses at a density of four traps plant protection organization of China Mediterranean fruit fly (Medfly) in per hectare, with a minimum of two agree that appropriate remedial action accordance with the procedures traps per greenhouse. Traps must be has been taken. If any of these pests is described in § 319.56–5 of this subpart. serviced on a weekly basis. detected in more than one registered (2) A pre-harvest inspection of the (ii) If a single Medfly is detected production site, APHIS may prohibit the growing site must be conducted by the inside a registered production site or in importation into the United States of national plant protection organization a consignment, the registered fragrant pears from China until an (NPPO) of the exporting country for the production site will lose its ability to investigation is conducted and APHIS weevil Faustinus ovatipennis, pea export peppers to the United States and the national plant protection leafminer, tomato fruit borer, banana until APHIS and the exporting country’s organization of China agree that moth, lantana mealybug, passionvine NPPO mutually determine that risk appropriate remedial action has been mealybug, melon thrips, the rust fungus mitigation is achieved. taken. Puccinia pampeana, Andean potato (iii) Medfly traps with an approved (5) After harvest, the national plant mottle virus, and tomato yellow mosaic lure must be placed inside a buffer area protection organization of China or virus, and if these pests are found to be 500 meters wide around the registered officials authorized by the national generally infesting the growing site, the production site, at a density of 1 trap plant protection organization of China NPPO may not allow export from that per 10 hectares and a minimum of 10 must inspect the pears for signs of pest production site until the NPPO has traps. These traps must be checked at infestation and allow APHIS to monitor determined that risk mitigation has been least every 7 days. At least one of these the inspections. achieved. traps must be near the greenhouse. (6) Upon detection of large pear borer (3) The peppers must be packed in Traps must be set for at least 2 months (Numonia pivivorella), pear curculio insect-proof cartons or containers or before export and trapping must (Rhynchites fovepessin), or Japanese covered with insect-proof mesh or continue to the end of the harvest.

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(iv) Capture of 0.7 or more Medflies (1) The peppers must be grown in (4) The exporting country’s NPPO per trap per week will delay or suspend approved production sites registered must maintain records of trap the harvest, depending on whether with the NPPO of the exporting country. placement, checking of traps, and any harvest has begun, for consignments of Initial approval of the production sites Mexfly captures. The exporting peppers from that production site until will be completed jointly by the country’s NPPO must maintain an APHIS and the exporting country’s exporting country’s NPPO and APHIS. APHIS-approved quality control NPPO can agree that the pest risk has The exporting country’s NPPO must program to monitor or audit the been mitigated. visit and inspect the production sites trapping program. The trapping records (v) The greenhouse must be inspected monthly, starting 2 months before must be maintained for APHIS’s review. prior to harvest for the weevil Faustinus harvest and continuing through until (5) The peppers must be packed ovatipennis, pea leafminer, tomato fruit the end of the shipping season. APHIS within 24 hours of harvest in a pest- borer, banana moth, lantana mealybug, may monitor the production sites at any exclusionary packinghouse. The passionvine mealybug, melon thrips, the time during this period. peppers must be safeguarded by an rust fungus Puccinia pampeana, (2) Pepper production sites must insect-proof mesh screen or plastic Andean potato mottle virus, and tomato consist of pest-exclusionary tarpaulin while in transit to the yellow mosaic virus. If any of these greenhouses, which must have self- packinghouse and while awaiting pests, or other quarantine pests, are closing double doors and have all other packing. Peppers must be packed in found to be generally infesting the openings and vents covered with 1.6 (or insect-proof cartons or containers, or greenhouse, export from that production less) mm screening. covered with insect-proof mesh or site will be halted until the exporting (3) Registered sites must contain traps plastic tarpaulin, for transit to the country’s NPPO determines that the pest for the detection of Mexfly both within United States. These safeguards must risk has been mitigated. and around the production site. remain intact until arrival in the United (4) The exporting country’s NPPO (i) Traps with an approved protein States or the consignment will be must maintain records of trap bait must be placed inside the denied entry into the United States. placement, checking of traps, and any greenhouses at a density of four traps (6) During the time the packinghouse Medfly captures. The exporting per hectare, with a minimum of two is in use for exporting peppers to the country’s NPPO must maintain an traps per greenhouse. Traps must be United States, the packinghouse may APHIS-approved quality control serviced on a weekly basis. accept peppers only from registered (ii) If a single Mexfly is detected program to monitor or audit the approved production sites. inside a registered production site or in trapping program. The trapping records (7) The exporting country’s NPPO is a consignment, the registered must be maintained for APHIS’ review. responsible for export certification, (5) The peppers must be packed production site will lose its ability to inspection, and issuance of within 24 hours of harvest in a pest- ship under the systems approach until phytosanitary certificates. Each exclusionary packinghouse. The APHIS and the exporting country’s shipment of peppers must be peppers must be safeguarded by an NPPO mutually determine that risk accompanied by a phytosanitary insect-proof mesh screen or plastic mitigation is achieved. certificate issued by the NPPO and tarpaulin while in transit to the (iii) Mexfly traps with an approved bearing the declaration, ‘‘These peppers packinghouse and while awaiting protein bait must be placed inside a were grown in an approved production packing. Peppers must be packed in buffer area 500 meters wide around the site and the shipment has been insect-proof cartons or containers, or registered production site, at a density inspected and found free of the pests covered with insect-proof mesh or of 1 trap per 10 hectares and a minimum listed in the requirements.’’ The plastic tarpaulin, for transit to the of 10 traps. These traps must be checked shipping box must be labeled with the United States. These safeguards must at least every 7 days. At least one of identity of the production site. remain intact until arrival in the United these traps must be near the greenhouse. States or the consignment will be Traps must be set for at least 2 months § 319.75–2 [Amended] denied entry into the United States. before export, and trapping must 13. In § 319.75–2, footnote 1 would be (6) During the time the packinghouse continue to the end of the harvest. amended by removing the citation ‘‘7 (iv) Capture of 0.7 or more Mexflies is in use for exporting peppers to the CFR 319.56 et seq.’’ and adding the per trap per week will delay or suspend United States, the packinghouse may words ‘‘Subpart—Fruits and Vegetables the harvest, depending on whether accept peppers only from registered of this part’’ in its place. approved production sites. harvest has begun, for consignments of (7) The exporting country’s NPPO is peppers from that production site until PART 352—PLANT QUARANTINE responsible for export certification, APHIS and the exporting country’s SAFEGUARD REGULATIONS inspection, and issuance of NPPO can agree that the pest risk has phytosanitary certificates. Each been mitigated. 14. The authority citation for part 352 shipment of peppers must be (v) The greenhouse must be inspected would continue to read as follows: accompanied by a phytosanitary prior to harvest for the weevil Faustinus Authority: 7 U.S.C. 7701–7772 and 7781– certificate issued by the NPPO and ovatipennis, pea leafminer, tomato fruit 7786; 21 U.S.C. 136 and 136a; 31 U.S.C. bearing the declaration, ‘‘These peppers borer, banana moth, lantana mealybug, 9701; 7 CFR 2.22, 2.80, and 371.3. were grown in an approved production passionvine mealybug, melon thrips, the 15. In § 352.30, paragraphs (e) and (f) site and the shipment has been rust fungus Puccinia pampeana, would be revised to read as follows: inspected and found free of the pests Andean potato mottle virus, and tomato listed in the requirements.’’ The yellow mosaic virus. If any of these § 352.30 Administrative instructions: shipping box must be labeled with the pests, or other quarantine pests, are Certain oranges, tangerines, and grapefruit identity of the production site. found to be generally infesting the from Mexico. (c) For peppers of the species greenhouse, export from that production * * * * * Capsicum pubescens from areas in site will be halted until the exporting (e) Untreated fruit from certain which Mexican fruit fly (Mexfly) is country’s NPPO determines that the pest municipalities in Sonora, Mexico. considered to exist: risk has been mitigated. Oranges, tangerines, and grapefruit in

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transit to foreign countries may be been treated in Mexico in accordance Done in Washington, DC, this 19th day of imported from certain municipalities in with part 305 of this chapter may be April 2006. Sonora, Mexico, that meet the criteria of moved through the United States ports Charles D. Lambert, § 319.56–5 for freedom from fruit flies in for exportation in accordance with the Acting Under Secretary for Marketing and accordance with the applicable regulations in part 319 of this chapter. Regulatory Programs. conditions in part 319 of this chapter. * * * * * [FR Doc. 06–3897 Filed 4–26–06; 8:45 am] (f) Treated fruit. Oranges, tangerines, BILLING CODE 3410–34–C and grapefruit from Mexico that have

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