§ 319.34 7 CFR Ch. III (1–1–98 Edition)
fact. Rules of practice concerning a Subpart—Nursery Stock, Plants, hearing will be adopted by the Deputy Roots, Bulbs, Seeds, and Other Administrator. Plant Products 1, 2 (i) The term inspector means any em- ployee of Plant Protection and Quar- SOURCE: 45 FR 31585, May 13, 1980, as antine, Animal and Plant Health In- amended at 60 FR 27674, May 25, 1995. spection Service, who is authorized by the Deputy Administrator to enforce § 319.37 Prohibitions and restrictions the regulations in this subpart. on importation; disposal of articles refused importation. [32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; (a) No person shall import or offer for 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, entry into the United States any pro- 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, hibited article, except as otherwise Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR provided in § 319.37–2(c) of this subpart. 39103, 39104, Aug. 1, 1995] No person shall import or offer for entry into the United States any re- Subpart—Bamboo Capable of stricted article except in accordance with this subpart. Propagation (b) The importer of any article denied entry for noncompliance with this sub- § 319.34 Notice of quarantine. part must, at the importer’s expense (a) In order to prevent the introduc- and within the time specified in an tion into the United States of dan- emergency action notification (PPQ gerous plant diseases, including bam- Form 523), destroy, ship to a point out- boo smut (Ustilago shiraiana), the im- side the United States, or apply treat- portation into the United States of any ments or other safeguards to the arti- variety of bamboo seed, bamboo plants, cle, as prescribed by an inspector to or bamboo cuttings capable of propaga- prevent the introduction into the tion,1 including all genera and species United States of plant pests. In choos- of Bambuseae, is prohibited unless im- ing which action to order and in set- ported: ting the time limit for the action, the (1) For experimental or scientific inspector shall consider the degree of purposes by the United States Depart- pest risk presented by the plant pest ment of Agriculture; associated with the article, whether the article is a host of the pest, the (2) For export, or for transportation types of other host materials for the and exportation in bond, in accordance pest in or near the port, the climate with §§ 352.2 through 352.15 of this chap- and season at the port in relation to ter; or, the pest’s survival range, and the avail- (3) Into Guam in accordance with ability of treatment facilities for the § 319.37–4(b). article. (b) As used in this subpart, unless the context otherwise requires, the term 1 The Plant Protection and Quarantine ‘‘United States’’ means the States, the Programs also enforces regulations promul- District of Columbia, Guam, Puerto gated under the Endangered Species Act of Rico, and the Virgin Islands of the 1973 (Pub. L. 93–205, as amended) which con- United States. tain additional prohibitions and restrictions on importation into the United States of ar- ticles subject to this subpart (See 50 CFR 1 Regulations concerning the importation parts 17 and 23). into the United States of bamboo not capa- 2 One or more common names of articles ble of propagation are set forth in §§ 319.40–1 are given in parentheses after most scientific through 319.40–11. names (when common names are known) for 1 The Plant Protection and Quarantine the purpose of helping to identify the arti- Program also enforces regulations promul- cles represented by such scientific names; gated under the Endangered Species Act of however, unless otherwise specified, a ref- 1973 (P.L. 93–205, as amended) which contains erence to a scientific name includes all arti- additional prohibitions and restrictions on cles within the category represented by the importation into the United States of arti- scientific name regardless of whether the cles subject to this subpart (See 50 CFR parts common name or names are as comprehen- 17 and 23). sive in scope as the scientific name.
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(c) No person shall remove any re- (b) It has never been grown in a coun- stricted article from the port of first try from which it would be a prohibited arrival unless and until a written no- article or grown in a country other tice is given to the collector of customs than Canada from which it would be by the inspector that the restricted ar- subject to conditions of § 319.37–5 (c), ticle has satisfied all requirements (d), (e), (f), (g), (h), (i), (j), (k), (l), or under this subpart. (m) of this subpart, or subject to condi- tions of § 319.37–6 of this subpart, [57 FR 43144, Sept. 18, 1992] (c) It was not grown in a country or locality from which it would be subject § 319.37–1 Definitions. to conditions of § 319.37–7 of this sub- Terms used in the singular form in part unless it was grown in Canada this subpart shall be construed as the under postentry growing conditions plural, and vice versa, as the case may equivalent to those specified in § 319.37– demand. The following terms, when 7 3 of this subpart, and used in this subpart, shall be con- (d) It was not imported into Canada strued, respectively, to mean: in growing media. Bulbs. The portion of a plant com- Indexing. A procedure for using plant monly known as a bulb, bulbil, bulblet, material or its extracts to determine corm, cormel, rhizome, tuber, or pip, the presence or absence of one or more and including fleshy roots or other un- pests in or on the tested plant mate- derground fleshy growths, a unit of rial. For the purposes of this subpart, which produces an individual plant. indexing is performed in foreign coun- Clean well water. Well water that does tries to test the parent stock of des- not contain plant pathogens or other ignated articles that must meet special plant pests. foreign inspection and certification re- Deputy Administrator. The Deputy Ad- quirements in accordance with § 319.37– ministrator of the Animal and Plant 5 to be eligible for importation into the Health Inspection Service, U.S. Depart- United States. The results of indexing ment of Agriculture for the Plant Pro- tests are used by the plant protection tection and Quarantine Programs, or services of foreign countries to issue any other officer or employee of the phytosanitary certificates declaring Department to whom authority to act plant articles free of specified diseases. in his/her stead has been or may here- The following indexing procedures are after be delegated. authorized for use with the specified Disease. The term in addition to its plant genera, if the procedures are per- common meaning, includes a disease formed using protocols acceptable to agent which incites a disease. the plant protection service that issues Earth. The softer matter composing phytosanitary certificates based on part of the surface of the globe, in dis- them: mechanical transmission of the tinction from the firm rock, and in- pest to an indicator plant for Dianthus, cluding the soil and subsoil, as well as Malus, Prunus, Rubus, and Syringa; finely divided rock and other soil for- graft transmission of the pest to an in- mation materials down to the rock dicator plant for Chaenomeles, Cydonia, layer. Malus, Prunus, Pyrus, Rubus, and Sy- Europe. The continent of Europe, the ringa; serology for Dianthus, Malus, British Isles, Iceland, the Azores, and Prunus, Pyrus, Rubus, and Syringa; elec- the islands in the Mediterranean Sea. tron microscopy for Dianthus and From. An article is considered to be Prunus, and nucleic acid probes for ‘‘from’’ any country or locality in Chaenomeles, Cydonia, Malus, and which it was grown. Provided, That an Pyrus. article imported into Canada from an- other country or locality shall be con- 3 Currently only Chaenomoles spp. (flower- sidered as being solely from Canada if ing quince), Cydonia spp. (quince), Malus spp. it meets the following conditions: (apple, crabapple); Prunus spp. (almond, apri- cot, cherry, cherry laurel, English laurel, (a) It is imported into the United nectarine, peach, plum, prune) and Pyrus spp. States directly from Canada after hav- (pear) are required under the laws of Canada ing been grown for at least 1 year in to be grown in Canada under such equivalent Canada, conditions after importation.
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Inspector. Any employee of the Plant plants or parts thereof, or any proc- Protection and Quarantine Programs, essed, manufactured, or other products Animal and Plant Health Inspection of plants. Service, U.S. Department of Agri- Plant Protection and Quarantine Pro- culture, or other person, authorized by grams. The organizational unit within the Deputy Administrator in accord- the Animal and Plant Health Inspec- ance with law to enforce the provisions tion Service, U.S. Department of Agri- of the regulations in this subpart. culture, delegated responsibility for Nursery stock. All field-grown florist’s enforcing provisions of the Plant Quar- stock, trees, shrubs, vines, cuttings, antine Act, the Federal Plant Pest Act, grafts, scions, buds, fruit pits, and and related laws, and regulations pro- other seeds of fruit and ornamental mulgated thereunder. trees or shrubs, and other plants and Port of first arrival. The land area plant products for propagation, except (such as a seaport, airport, or land bor- field, vegetable, and flower seeds, bed- der station) where a person, or a land, ding plants, and other herbaceous water, or air vehicle, first arrives after plants, bulbs, and roots. entering the territory of the United Oceania. The islands of Micronesia, States, and where inspection of articles Melanesia, and Polynesia (except Ha- is carried out by inspectors. waii, Guam, and the Northern Mariana Potable water. Water which is ap- Islands) in the central and southern proved for drinking purposes by the na- Pacific Ocean. tional or local health authority having Person. An individual, corporation, jurisdiction. company, society, or association. Phytosanitary certificate of inspection. Prohibited article. Any nursery stock, A document relating to a restricted ar- plant, root, bulb, seed, or other plant ticle, which is issued by a plant protec- product designated in § 319.37–2 (a) or tion official of the country in which (b), except wood articles regulated the restricted article was grown, which under §§ 319.40–1 through 319.40–11, is issued not more than 15 days prior to ‘‘Subpart—Logs, Lumber, and Other shipment of the restricted article from Unmanufactured Wood Articles.’’ the country in which grown, which is Restricted article. Any class of nursery addressed to the plant protection serv- stock or other class of plant, root, ice of the United States (Plant Protec- bulb, seed, or other plant product, for tion and Quarantine Programs), which or capable of propagation, excluding contains a description of the restricted any prohibited articles listed in article intended to be imported into § 319.37–2 (a) or (b) of this subpart, ex- the United States, which certifies that cluding any articles subject to any re- the article has been thoroughly in- stricted entry orders in 7 CFR part 321 spected, is believed to be free from in- (i.e., potatoes), and excluding any arti- jurious plant diseases, injurious insect cles regulated in 7 CFR 319.8 through pests, and other plant pests, and is oth- 319.34 or 319.41 through 319.74–7. erwise believed to be eligible for impor- Secretary. The Secretary of Agri- tation pursuant to the current culture, or any other officer or em- phytosanitary laws and regulations of ployee of the Department of Agri- the United States, and which contains culture to whom authority to act in any specific additional declarations re- his/her stead has been or may hereafter quired under this subpart. be delegated. Plant pest. The egg, pupal, and larval Soil. The loose surface material of the stages as well as any other living stage earth in which plants, trees, and shrubs of: Any insects, mites, nematodes, grow, in most cases consisting of dis- slugs, snails, protozoa, or other inver- integrated rock with an admixture of tebrate animals, bacteria, fungi, other organic material and soluble salts. parasitic plants or reproductive parts Solanum spp. true seed. Seed produced thereof, viruses, or any organisms by flowers of Solanum capable of germi- similar to or allied with any of the nating and producing new Solanum foregoing, or any infectious substances, plants, as distinguished from Solanum which can directly or indirectly injure tubers, whole or cut, that are referred or cause disease or damage in any to as Solanum seeds or seed potatoes.
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Spp. (species). All species, clones, lands, Puerto Rico, and the Virgin Is- cultivars, strains, varieties, and hy- lands of the United States. brids, of a genus. [45 FR 31585, May 13, 1980, as amended at 50 State Plant Regulatory Official. The of- FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, ficial authorized by the State to sign 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, agreements with Federal agencies in- July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR volving operations of the State plant 27674, May 25, 1995] protection agency. § 319.37–2 Prohibited Articles. United States. The States, District of Columbia, Guam, Northern Mariana Is- (a) The following listed articles from the designated countries and localities are prohibited articles and are prohib- ited from being imported or offered for entry into the United States except as provided in § 319.37–2(c) of this subpart.
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Chrysomyxa abietis Westherd. & Buis. (Bacterial stain);
hibited article Metamasius
Phacidiopycnis pseudotsuga (Sacc.) McAlp. (Rust). (Berg); Barclay (Spruce needle rust); Hiratusuka (Rust). (Ogawa) Burk.
Pseudomonas lignicola (Fr.) Otth. (Cherry-spruce rust). cadang disease. cadang disease. cadang disease. cadang disease. cadang disease. canker). cadang disease. berry rust); a serious needle disease); Cactoblastis cactorum Chrysomyxa himalensis areolatum Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- Cotton leaf curl agent. Cotton Anthocyanosis agent. Bhendi yellow vein mosaic agent. 50 or more species of rusts including Maple mosaic or variegation diseases. Horsechestnut variegation or yellow mosaic diseases. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang- Cotton leaf curl agent. Bhendi yellow vein mosaic agent. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including, but not limited to: Lethal yellowing disease; Cadang- Okra mosaic virus. A diversity of diseases, insects, and other pests, including but not limited to: Peanut clump virus. Indian peanut clump virus. Peanut stripe virus. Okra yellow leaf curl agent. Okra mosaic agents. Uromycladium tepperianum Xanthomonas acernea Pucciniastrum actinidiae ...... Foreign places from which prohibited ...... United Kingdom ippines, Taiwan, Thailand All Japan and Taiwan Africa Brazil Bangladesh, India, Sri Lanka Ivory Coast, Nigeria All except Canada Australia and Oceania All Czechoslovakia, Federal Republic of Germany, Romania, Africa Bangladesh, India, Sri Lanka All All All All except Canada All Japan Europe, Japan India, Indonesia, Japan, People's Republic of China, Phil- Iraq India Ivory Coast, Senegal, Upper Volta Papua New Guinea, Trinidad and Tobago ......
Acer ...... articles are in- 319.37±2(b) 319.37±5(m) ...... spp. (okra) . .
Arachis spp. (arikury palm) ...... spp. (Chinese goose- spp. (coyure, ruffle, and spp. (horsechestnut) spp spp. (peanut) seed only spp. (althaea, hollyhock) spp. (sugarpalm) spp. (acacia) spp spp. (fir) spp. (maple) (except only if specifically mentioned) spine palm) (all other meeting the conditions for im- portation in § cluded under Fabaceae) palmatum and Acer japonicum berry, kiwi). Prohibited article (includes seeds
Abelmoschus Abies Acacia Acer Actinidia Adonidia Aesculus Aiphanes Allagoptera arenaria Althaea Arachis Areca Arenga Arikuryroba Articles listed in §
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Chaenomeles
Uromyces gladioli
Cydonia
Dryocosmus kuriphilus Bub. (rust),
Uredo gladioli-buettneri Syd. (rust). (M. Wils.) Hahn (Douglas fir canker). (Murrill) Barr (chestnut blight); Sibilia (Seedling disease). Doidge (rust),
Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). U. nyikensis P. Henn. (white rust of chrysanthemum). (Thuem.) Wint. (rust). P. Henn. (rust). 319.37±5(b)(1). cadang disease. cadang disease. cadang disease. § cadang disease. cadang disease. 5(b)(1). Yasumatsu (gall wasp). P. Henn. (rust), cadang disease. A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- Puccinia graminis Puccinia graminis Puccinia graminis Okra mosaic virus. Cryphonectria parasitica Phacidiopycnis pseudotsuga Fusarium fuliginosporum Puccinia horiana Puccinia mccleanii U. transversalis U. gladioli ...... East longitude ° . and 180 ° 319.37±5(g) ...... Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90 tions for importation in § All All All All. All All All All Europe Argentina, Uruguay Nigeria, Ivory Coast All Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All Africa All Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All except from Jamaica or Costa Rica if meeting the condi- ......
Cocos ...... 301.38±1 of ...... 319.56) spp. (butterfly spp. (chrysan- spp. (flowering (coconut) (includ- 301.38±1 of this ...... spp. (montebretia) . . spp. (chestnut) . spp. (palmyra palm) spp. (barberry) destined spp. (barberry) (plants of spp. spp. (barberry) seed spp. (quince) not meeting spp. (fishtail palm) spp. (other than spp. (cedar) . 319.37±5(b) 301.38±2a of this chapter 319.37±5(b) the conditions for importation in § all species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § chapter) this chapter) ing seed) (Coconut seed without husk or without milk may be im- ported into the United States in accordance with § to an eradication State listed in § (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § palm) themum) quince) not meeting the condi- tions for importation in § nucifera
Berberis Berberis Berberis Blighia sapida (akee) Borassus Caryota Castanea Cedrus Chaenomeles Chrysalidocarpus Chrysanthemum Cocos Cocos nucifera Corypha Crocosmia Cydonia
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Uromyces gladioli Bub. (rust), (Brown) Dowson (Canker and dwarfing disease of hibited article Dietel. Uredo gladioli-buettneri
fraxini Syd. (rust). var. H. Syd. & P. (Sugarcane rust). Hickman (Red stele disease). Thuem. (parasitic leaf fungus). Doidge (rust),
U. nyikensis P. Henn. (white rust of chrysanthemum). (Thuem.) Wint. (rust). mosaic diseases. P. Henn. (rust). cadang disease. cence agent; small leaf virus. cadang disease. cadang disease. cadang disease. cadang disease. leaf); and sweetpotato viruses of eastern Africa. P. Henn. (rust), ash). enation virus, azuki bean mosaic golden cowpea mild mot- tle virus, French bean mosaic groundnut chlorotic leaf streak chlorotic spotting virus, groundnut rosette agents, witches broom MLO, horsegram yellow mosaic virus, Indonesian soybean dwarf lima bean virus, lucerne Australian symptomless vein yellowing mung bean yellow mosaic virus, peanut stripe red clover mottle and soybean dwarf virus. Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: cotton leaf curl virus; vires- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Jasmine variegation diseases. Cotton leaf curl agent. Cotton anthocyanosis agent. Hibiscus leaf curl agent. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases including but not limited to: sweetpotato witches broom (little Datura Colombian virus. Datura distortion or enation mosaic virus. Puccinia horiana Puccinia melanocephala Pestalotia disseminata Euonymus A diversity of diseases including but not limited to: African soybean dwarf agent, alfalfa Phytophthora fragariae Pseudomonas savastanoi Puccinia mccleanii U. transversalis U. gladioli Aecidium hydrangeae-paniculatea ...... East longitude ° ...... and 180 ° ...... Foreign places from which prohibited ...... Republic of South Africa, Uruguay, Venezuela, and all countries, territories, and possessions of countries located in part or entirely between 90 All All Colombia Argentina, Brazil, Canary Islands, Chile, Colombia, Europe, All Africa Belgium, Federal Republic of Germany, Great Britain Africa Brazil India Argentina, Uruguay All All All Europe, Japan Europe Japan Europe, Sri Lanka, and Uruguay Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All All except Canada All except Canada All except Canada India ...... spp. (chrysan- spp. (cotton, . 319.37±5(h) . spp. (Princesspalm) ...... spp. (eucalyptus) spp. (palm) spp. (euonymus) . spp. (jasmine) spp. (strawberry) not spp. (kenaf, hibiscus, spp. (hydrangea) spp. (plumegrass) spp. (gladiolus) spp. (sweetpotato) spp. (ash) spp. (sentry palm) not spp. (llumepalm) spp spp. (oil palm) 319.37±5(n) only if specifically mentioned) meeting the conditions in § cottontree) ceous spp. only) meeting the conditions for im- portation in § themum) rose mallow) Prohibited article (includes seeds
Datura Dendranthema Dictyosperma Elaeis Erianthus Eucalyptus Euonymus Fabaceae (=Leguminosae) (herba- Fragaria Fraxinus Gaussia Gladiolus Gossypium Hibiscus Howea Hydragea Hyophorbe Ipomoea Jasminum
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oryzae oryzae (M. Wils.) Hahn (Douglas fir canker). (M. Wils.) Hahn (Douglas fir canker). pv. pv. (Pers.) Schroet. (Rust). (Harteg) Dennis (European larch canker). (Karst) Ellis (Needlecast disease). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). Pers. (Black stem rust). mosaic diseases. cadang disease. cadang disease. Sampaguita yellow ringspot mosaic diseases. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Chlorotic ringspot, phyllody, yellow ring mosaic diseases. Stigmina deflectans Phacidiopycnis pseudotsuga Lachnellula willkommii Phacidiopycnis pseudotsuga A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Xanthomonas campestris Uromyces viciae-fabae Xanthomonas campestris Ligustrum Puccinia graminis Puccinia graminis Puccinia graminis Puccinia graminis Puccinia graminis ...... rope, and Japan All All All All India Philippines Provinces of New Brunswick and Nova Scotia in Canada, Eu- All South America All Europe All Europe Europe Austria, Finland, and Romania All All ......
Leptochloa ...... 301.38±1 of 301.38±1 of articles are in- ...... 301.38±1 of this 301.38±1 of this Poaceae spp. (plants of all spp. destined to an . . spp. seed spp. (sprangletop) ...... Leersia . spp. (privet) spp. (juniper) . spp. (mahonia) destined . spp. (fan palm) spp. (mahonia) (plants of spp. (cutgrass) seed only spp spp. seed (lentil) spp. (larch) 301.38±2(a) of this chapter 301.38±2(a) of this chapter chapter) (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § to an eradication State listed in § this chapter) articles are included under eradication State listed in § (plants of all species and horti- cultural varieties designated as resistant to black stem rust in accordance with § cluded under this chapter) (all other seed only (all other Poaceae) all species and horticultural vari- eties not designated as resistant to black stem rust in accord- ance with § chapter
Juniperus Larix Latania Leersia Lens Leptochloa Ligustrum Livistona Mahoberberis Mahoberberis Mahoberberis Mahonia Mahonia
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Malus Wals. (Avocado seed moth); (Arthand-Berthet) Starr (Bac- (DC) Savile. (Rhododendron-
Phenococcus manihotis
rhododendri
Stenoma catenifer hibited article
Xanthomonas manihotis (M. Wils.) Hahn (Douglas fir canker). F. (mango weevil). (Bondar) (cassava mite); Ride (Canker). Pers. (Black stem rust). (Alb. & Schw.) d By var. spp. Boh. (Avocado weevil); cadang disease. cadang disease. 5(b)(1). cadang disease. cadang disease. terial blight); Cassava brown streak virus; latent African mo- saic virus; Cassava common mosaic virus. spruce needle rust). Ferrero (cassava mealybug); pines.) Mononychellus tanajoa Conotrachelus ley yellow mosaic virus, barley striate brome streak virus, cereal chlorotic mosaic cocksfoot mild corn stunt spiroplasma, Cynodon chlorotic streak virus, cynosurus mottle Echinochloa ragged stunt virus, European aster yellows MLO, wheat striate mosaic virus, Iranian maize mosaic bushy stunt MLO, chlorotic mottle virus, maize mosaic mottle/chlorotic stunt rough dwarf maize streak virus, stripe northern cereal mosaic oat red mosaic virus, oat sterile dwarf rice gall tungro virus, rice wilted stunt yellow mottle dwarf agent, dwarf agent, sugarcane white leaf MLO, wheat yellow virus, and yellowing stripe bacterium. Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Elm mottle virus. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for A diversity of diseases, insects, and other pests including but not limited to: Mulberry dwarf or mulberry mosaic diseases. Cronartium flaccidium (Alb. & Schw.) Wint. (Rust causing serious stunting of hard Gall-forming rust. Puccinia graminis Cryptorhynchus mangiferae Heilipus lauri Chrysomyxa ledi Phacidiopycnis pseudotsuga A wide diversity of plant diseases, including but not limited to: banana streak virus, bar- Xanthomonas populi ...... Foreign places from which prohibited ...... Dominica, French Guiana, Guadeloupe, Martinique, and St. Lucia) and the geographic area formerly known as Union of Soviet Socialist Republics All All except North and South America (excluding Barbados, All except Canada All India, Japan, Korea, People's Republic of China, Thailand, All Europe and Japan All Central and South America, Mexico Europe All Europe, Japan, and Siberia Europe Europe. All Japan. All except Canada ...... 319.37±5(b) spp. (mazaripalm) spp. (mock orange) spp spp. (palm) spp. (mango) seed only spp. seed . spp. (aspen, cottonwood, spp. (date) spp. (cassava) spp. (avocado) seed spp. (apple, crabapple) not spp. (mulberry) spp. (spruce) spp. (pine) (2- or 3-leaved) only if specifically mentioned) meeting the conditions for im- portation in § poplar) grains and grasses) Prohibited article (includes seeds
Mahonia Malus Mangifera Manihot Mascarena Morus Nannorrhops Neodypsis Persea Philadelphus Phoenix Picea Pinus Poaceae (vegetative parts of all Populus
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in § Acrocercops
Monilia roreriÐ
Pyrus
Prunus spp. beetles and
Oncobasidum theobromae (watery pod rot), cocoa isolates of
Trachysphaera fructigena
Xyleborus et al. (M. Wils.) Hahn (Douglas fir canker). (Stahel) Singer (witches broom fungus), Ellis and Halst (wilts), (CiF.) H.C. Evans (Harteg) Dennis (European larch canker). Imazeki (White rot); a gall-forming rust. (Day) Chester (Watermark disease). (Snellen) (cocoa moth). cadang disease. virus, cocoa mottle leaf yellow mosaic necrosis cadang disease. dulcamara mottle virus; tomato blackring tobacco rattle potato virus Y (tobacco veinal necrosis strain); potato purple top wilt agent; marginal flaves- cence agent; potato purple top roll witches broom stolbur parastolbur agent; potato leaflet stunt spindle tuber viroid; arracacha virus B; potato yellowing virus. 5(b)(1). 5(b)(1). Bunting (mealy pod agents of cushy gall disease), and Keane (vascular streak die-back), strain); arracacha virus B; potato yellowing virus. Crinipellis perniciosa Moniliophthora rorei Ceratocystis fimbriata cramella Plum pox (Sharka) virus. A diversity of diseases including but not limited to those listed for A diversity of diseases including but not limited to: lethal yellowing disease; cadang- A diversity of diseases and pests including but not limited to: cocoa swollen shoot A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to those listed for Andean potato latent virus; mottle mop top Elm mottle virus. Black currant reversion agent. Rose wilt virus. Andean potato latent virus, virus T, tobacco ringspot (Andean calico Lachnellula willkommii Phacidiopycnis pseudotsuga Stereum hiugense Erwinia salicis Fruit flies, or other injurious insects. Mountain ash variegation or ringspot mosaic disease...... South latitudeÐ ...... ° and 44 ° ...... 319.37±5(o)) ...... rope, and Japan (that area of Chile between 39 Republic (East), Great Britain, and The Netherlands the Municipality of Central Saanich in Province Brit- ish Columbia east of the West Saanich Road). see § All All Provinces of New Brunswick and Nova Scotia in Canada, Eu- All Europe and New Zealand Australia, Bulgaria, Italy, and New Zealand All except Canada, New Zealand, and the X region of Chile Europe Japan Federal Republic of Germany (West), German Democratic Czechoslovakia, Denmark, Federal Republic of Germany Europe All All All All except Canada (except Newfoundland and that portion of All except Canada ...... ) not meeting ...... spp. (Douglas fir)
Cerasus spp. (golden larch) spp. (cacao) spp spp. true seed (tuber spp. (palm) spp. (almond, apricot, spp. (lilac) not meeting spp. (oak) . spp. seed only (almond, spp. (mountain ash) spp. (pear) not meeting the spp. (currant, gooseberry) spp. (rose) spp. (willow) 319.37±5(j) 319.37±5(b) 319.37±5(i) 319.37±5(b) the conditions for importation in § apricot, nectarine, peach, plum, and prune, but not species in subgenus conditions for importation in § bearing species onlyÐSection Tuberarium) the conditions for importation in § cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) not meeting the condi- tions for importation in § ing species onlyÐSection Tuberarium), including potato tubers. Seeds of all kinds when in pulp Pritchardia Prunus Prunus Pseudolarix Pseudotsuga Pyrus Quercus Ravenea Ribes Rosa Salix Solanum spp. (potato) (tuber bear- Solanum Sorbus Syringa Theobroma
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Vitis Uromyces gladioli Bub. (rust), hibited article (Ishiyama) Dye.
Uredo gladioli-buettneri Syd. (rust).
oryzae pv. Doidge (rust),
U. nyikensis (Thuem.) Wint. (rust). P. Henn. (rust). cadang disease. cadang disease. P. Henn. (rust), 5(b)(1). Plant pests existing in the places named and capable of being transported with pro- A diversity of diseases including but not limited to those specified for Elm mottle virus. A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- A diversity of diseases including but not limited to: Lethal yellowing disease; Cadang- Puccinia mccleanii U. transversalis U. gladioli Xanthomonas campestris ...... Foreign places from which prohibited ...... Europe All Africa All Argentina, Uruguay All Africa, Brazil, France, Italy, Malta, Mauritius, Portugal All except Canada ...... articles are in- . spp. (windmill palm) ......
Zizania spp. (bugle lily) spp. (elm) (including . spp spp. (wild rice) seed only spp. (grape) not meeting the 319.37±5(b) only if specifically mentioned) seeds) conditions for importation in § cluded under Poaceae) (all other Prohibited article (includes seeds Trachycarpus Ulmus Veitchia Vitis Watsonia Zizania
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(b) The following listed articles from shrubs, including but not limited to all foreign places except Canada are cacti, cycads, yuccas, and dracaenas. prohibited articles and are prohibited (ii) Palms and plants whose growth from being imported or offered for habits simulate palms, that exceed a entry into the United States except as total length (stem plus leaves) of 915 provided in § 319.37–2(c) of this subpart: millimeters (approximately 36 inches) (1) Rhododendron spp. (rhododendron in length. and azalea) or other genera or species (7) Any tree or shrub of a type not of similar slow growth habit, other listed above, other than an artificially than artificially dwarfed trees or dwarf tree or shrub, and: shrubs: (i) Exceeding 2 years of age if grown (i) Exceeding 3 years of age if grown from seeds or cuttings; or from seeds or cuttings; or (ii) Exceeding 1 year of age after sev- (ii) Exceeding 2 years of age after erance from the parent plant if pro- severance from the parent plant if pro- duced by layers; or duced by layers; or (iii) Having more than 2 years’ (iii) Having more than 3 years’ growth from the bud or graft if pro- growth from the bud or graft if pro- duced by budding or grafting. duced by budding or grafting. (c) Any article listed as a prohibited (2) Any naturally dwarf or miniature article in paragraph (a) or (b) of this form of tree or shrub exceeding 305 mil- section may be imported or offered for limeters (approximately 12 inches) in entry into the United States if: length from the soil line. (1) Imported by the United States De- (3) Herbaceous perennials (except partment of Agriculture for experi- epiphytes) imported in the form of root mental or scientific purposes; crowns or clumps exceeding 102 milli- (2) Imported at the Plant Germplasm meters (approximately 4 inches) in di- Quarantine Center, Building 320, Belts- ameter. ville Agricultural Research Center (4) Stem cuttings without leaves, East, Beltsville, MD 20705 or at a port without roots, without sprouts, and of entry designated by an asterisk in without branches (other than cactus § 319.37–14(b); cuttings and cuttings of epiphytes) ex- (3) Imported pursuant to a Depart- ceeding 102 millimeters (approximately mental permit issued for such article 4 inches) in diameter or exceeding 1.83 meters (approximately 6 feet) in and kept on file at the port of entry; length; and stem cuttings of epiphytes (4) Imported under conditions speci- with or without aerial roots (without fied on the Departmental permit and leaves, without sprouts, and without found by the Deputy Administrator to branches) exceeding 102 millimeters be adequate to prevent the introduc- (approximately 4 inches) in diameter or tion into the United States of plant exceeding 1.83 meters (approximately 6 pests, i.e., conditions of treatment, feet) in length. processing, growing, shipment, dis- (5) Cactus cuttings (without roots or posal; and branches) exceeding 153 millimeters (5) Imported with a Departmental tag (approximately 6 inches) in diameter or or label securely attached to the out- exceeding 1.22 meters (approximately 4 side of the container containing the ar- feet) in length. ticle or securely attached to the article (6)(i) Plants (other than stem itself if not in a container, and with cuttings, cactus cuttings, artificially such tag or label bearing a Depart- dwarfed plants such as bonsai, and mental permit number corresponding palms and plants whose growth habits to the number of the Departmental simulate palms) exceeding 460 millime- permit issued for such article. ters (approximately 18 inches) in [45 FR 31585, May 13, 1980; 45 FR 35305, May length from soil line (top of rooting 27, 1980, as amended at 56 FR 19790, Apr. 30, zone for plants produced by air 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, layering) to the farthest terminal 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 growing point and whose growth habits FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, simulate the woody habits of trees and 1995; 62 FR 50238, Sept. 25, 1997]
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§ 319.37–3 Permits. Michigan, New York, Washington, or West Virginia; (a) The restricted articles (other than (13) Articles (except seeds) of Vitis articles for food, analytical, medicinal, spp. (grape) from Canada and destined or manufacturing purposes) in any of to California, New York, Ohio, Oregon, the following categories may be im- and Washington; ported or offered for importation into (14) Articles (except seeds) of Corylus the United States only after issuance spp. (filbert, hazel, hazelnut, cobnut) of a written permit by the Plant Pro- from provinces east of Manitoba in tection and Quarantine Programs: Canada and destined to Oregon or (1) Articles subject to treatment and Washington; other requirements of § 319.37–6; (15) Articles (except seeds) of Pinus (2) Articles subject to the postentry spp. (pine) from Canada and destined to quarantine conditions of § 319.37–7; California, Idaho, Montana, Oregon, or (3) Bulbs of Allium sativum spp. (gar- Utah; and lic), Crocosmia spp. (montebretia), Glad- (16) Articles (except seeds) of Ulmus iolus spp. (gladiolus), and Watsonia spp. spp. (elm) from Canada and destined to (bugle lily) from New Zealand; California, Nevada, or Oregon. (4) Articles of Cocos nucifera (coco- (17) Solanum tuberosum true seed from nut); and articles (except seeds) of New Zealand and the X Region of Chile Dianthus spp. (carnation, sweet-wil- (that area of Chile between 39° and 44° liam) from any country or locality ex- South latitude—see § 319.37–5(o)). cept Canada; (b) An application for a written per- (5) Lots of 13 or more articles (other mit should be submitted to the Plant than seeds, bulbs, or sterile cultures of Protection and Quarantine Programs orchid plants) from any country or lo- (Animal and Plant Health Inspection cality except Canada; Service, Plant Protection and Quar- (6) Seeds of trees or shrubs from any antine, Port Operations, Permit Unit, country or locality except Canada; 4700 River Road Unit 136, Riverdale, (7) Articles (except seeds) of Malus Maryland 20737–1236) at least 30 days spp. (apple, crabapple), Pyrus spp. prior to arrival of the article at the (pear), Prunus spp. (almond, apricot, port of entry. The completed applica- cherry, cherry laurel, English laurel, tion shall include the following infor- nectarine, peach, plum, prune), Cydonia mation: 4 spp. (quince), Chaenomeles spp. (flower- (1) Name, address, and telephone ing quince), and Rubus spp. number of the importer; (cloudberry, blackberry, boysenberry, (2) Approximate quantity and kinds dewberry, loganberry, raspberry), from (botanical designations) of articles in- Canada; tended to be imported; (8) Articles (except seeds) of Castanea (3) Country(ies) or locality(ies) where spp. (chestnut) or Castanopsis spp. grown; (chinquapin) destined to California or (4) Intended United States port of Oregon; entry; (9) Articles (except seeds) of Pinus (5) Means of transportation, e.g., spp. (pine), (5-leaved) destined to Wis- mail, airmail, express, air express, consin; freight, airfreight, or baggage; and (10) Articles of Ribes spp. (currant, (6) Expected date of arrival. gooseberry), (including seeds) destined (c) After receipt and review of the ap- to Massachusetts, New York, West Vir- plication by Plant Protection and ginia, or Wisconsin; Quarantine Programs, a written permit indicating the applicable conditions for (11) Articles (except seeds) of Planera importation under this subpart shall be spp. (water elm, planer) or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to 4 Application forms are available without California, Nevada, or Oregon; charge from the Animal and Plant Health In- spection Service, Plant Protection and Quar- (12) Seeds of Prunus spp. (almond, antine, Port Operations, Permit Unit, 4700 apricot, cherry, cherry laurel, English River Road Unit 136, Riverdale, Maryland laurel, nectarine, peach, plum, prune) 20737–1236, local offices which are listed in from Canada and destined to Colorado, telephone directories.
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issued for the importation of articles a conflict as to any material fact, a described in the application if such ar- hearing shall be held to resolve such ticles under the conditions specified in conflict. the application appear to be eligible to (e) Any restricted article not des- be imported into the United States. ignated in paragraph (a) of this section Even though a written permit has been may be imported or offered for impor- issued for the importation of an arti- tation into the United States only cle, such article may be imported only after issuance of an oral permit for im- if all applicable requirements of this portation issued by an inspector at the subpart are met and only if an inspec- tor at the port of entry determines port of entry. that no emergency measures pursuant (f) An oral permit for importation of to section 105 of the Federal Plant Pest an article shall be issued at a port of Act (7 U.S.C. 150ee) are necessary with entry by an inspector only if all appli- respect to such article.5 cable requirements of this subpart are (d) Any permit which has been issued met, such article is eligible to be im- may be withdrawn by an inspector or ported under an oral permit, and an in- the Deputy Administrator if he/she de- spector at the port of entry determines termines that the holder thereof has that no emergency measures pursuant not complied with any condition for to section 105 of the Federal Plant Pest the use of the document. The reasons Act (7 U.S.C. 150ee) are necessary with for the withdrawal shall be confirmed respect to such article.5 in writing as promptly as cir- cumstances permit. Any person whose (Approved by the Office of Management and permit has been withdrawn may appeal Budget under control number 0579–0049) the decision in writing to the Deputy Administrator within ten (10) days (44 U.S.C. 35) after receiving the written notification [45 FR 31585, May 13, 1980, as amended at 48 of the withdrawal. The appeal shall FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, state all of the facts and reasons upon 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, which the person relies to show that Feb. 16, 1995] the permit was wrongfully withdrawn. The Deputy Administrator shall grant § 319.37–4 Inspection, treatment, and or deny the appeal, in writing, stating phytosanitary certificates of inspec- the reasons for the decision as prompt- tion. ly as circumstances permit. If there is (a) Phytosanitary certificates of inspec- tion. Any restricted article offered for 5 Section 105 of the Federal Plant Pest Act importation into the United States (7 U.S.C. 150ee) provides, among other things, must be accompanied by a that the Secretary of Agriculture may, phytosanitary certificate of inspection whenever he deems it necessary as an emer- gency measure in order to prevent the dis- or, in the case of greenhouse-grown semination of any plant pest new to or not plants from Canada imported in ac- theretofore known to be widely prevalent or cordance with paragraph (c) of this sec- distributed within and throughout the tion, a certificate of inspection in the United States, seize, quarantine, treat, apply form of a label in accordance with other remedial measures to, destroy, or dis- paragraph (c)(1)(iv) of this section at- pose of, in such manner as he deems appro- priate, subject to provisions in section 105 (b) tached to each carton of the articles and (c) of the Act (7 U.S.C. 150ee (b) and (c)), and to an airway bill, bill of lading, or any product or article, including any articles delivery ticket accompanying the arti- subject to this subpart, which is moving into cles. or through the United States, and which he (b) Inspection and treatment. Any re- has reason to believe was infested or infected by or contains any plant pest at the time of stricted article may be sampled and in- such movement. Section 10 of the Plant spected by an inspector at the port of Quarantine Act (7 U.S.C. 164a) and sections first arrival and/or under preclearance 105 and 107 of the Federal Plant Pest Act (7 inspection arrangements in the coun- U.S.C. 150dd, 150ff) also authorize emergency try in which the article was grown, and measures against prohibited and restricted must undergo any treatment contained articles which are not in compliance with the provisions of this subpart. in the Plant Protection and Quarantine
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Treatment Manual 6 that is ordered by (v) Ensure that only plants that are the inspector. Any restricted article not excluded shipment by the criteria found upon inspection to contain or be of this subsection are shipped. contaminated with plant pests, that (2) Each greenhouse grower partici- cannot be eliminated by treatment, pating in the program shall enter into shall be denied entry at the first an agreement with the Plant Protec- United States port of arrival. tion Division of Agriculture Canada in (c) Greenhouse-grown plants from Can- which the grower agrees to: ada. A greenhouse-grown restricted (i) Maintain records of the kinds and plant may be imported from Canada if quantities of plants grown in their the Plant Protection Division of Agri- greenhouses, including the date of re- culture Canada signs a written agree- ceipt and place of origin of the plants, ment with the Animal and Plant keep the records for at least one year Health Inspection Service allowing after the plants are shipped to the such importation if the following con- United States, and make the records ditions are met: available for review and copying upon (1) The Plant Protection Division of request by either the Plant Protection Agriculture Canada shall: Division of Agriculture Canada or an (i) Eliminate individual inspections authorized representative of the Sec- and phytosanitary certification of each retary of Agriculture. shipment of articles exported in ac- (ii) Apply to the outside of each car- cordance with this section; ton of plants grown in accordance with (ii) Enter into written agreements this subsection, so as to be readily visi- ble to inspectors and customs officials, with, and assign a unique identifica- and to an airway bill, bill of lading, or tion number to, each greenhouse grow- delivery ticket for plants to be shipped er participating in the greenhouse pro- to the United States, a label issued by gram; Agriculture Canada including the iden- (iii) Inspect greenhouses and the tification number assigned to the grow- plants being grown in them using in- er by the Plant Protection Division of spection methods and schedules ap- Agriculture Canada and the following proved by Plant Protection and Quar- certification statement: ‘‘This ship- antine to ensure that the criteria of ment of greenhouse grown plants meets this subsection are met; the import requirements of the United (iv) Issue labels to each grower par- States, and is believed to be free from ticipating in the program. The labels injurious plant pests. Issued by Plant issued to each grower shall bear a Protection Division, Agriculture Can- unique number identifying that grow- ada.’’ er, and shall bear the following state- (iii) Apply labels in accordance with ment: ‘‘This shipment of greenhouse- paragraph (c)(2)(ii) of this section sole- grown plants meets the import require- ly to cartons of plants that meet re- ments of the United States, and is be- quirements of this chapter for import lieved to be free from injurious plant of these plants from Canada into the pests. Issued by Plant Protection Divi- United States; and sion, Agriculture Canada.’’ The Plant (iv) Use pest control practices ap- Protection Division, Agriculture Can- proved by Plant Protection and Quar- ada shall also ensure that the label is antine and the Plant Protection Divi- placed on the outside of each container sion of Agriculture Canada to exclude of articles exported under the agree- pests from the greenhouses. ment and that the grower’s label is placed on an airway bill, bill of lading, [57 FR 43148, Sept. 18, 1992] or delivery ticket accompanying each shipment of articles; and § 319.37–5 Special foreign inspection and certification requirements. (a) Any restricted article (except 6 The Plant Protection and Quarantine seeds; unrooted cuttings; articles col- Treatment Manual is incorporated by ref- erence in the Code of Federal Regulations. lected from the wild; and articles sole- For further information on the content and ly for food, analytical, or manufactur- availability of this manual, see 7 CFR 300.1, ing purposes) from a country listed ‘‘Materials incorporated by reference.’’ below, at the time of arrival at the
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port of first arrival in the United (xx), (xxi) and (xxii); and for Vitis spp. States shall be accompanied by a (grape) from Canada, diseases (xiv) phytosanitary certificate of inspection through (xvii) and (xxiv) through which shall contain an accurate addi- (xliii). The determination by the plant tional declaration that such article protection service that the article is was grown on land which has been sam- free of these diseases will be based on pled and microscopically inspected by visual examination and indexing of the the plant protection service of the parent stock of the article and inspec- country in which grown within 12 tion of the nursery where the re- months preceding issuance of the cer- stricted article is grown to determine tificate and found free from potato cyst that the nursery is free of the specified nematodes, Globodera rostochiensis diseases. An accurate additional dec- (Woll.) Behrens and G. pallida (Stone) laration on the phytosanitary certifi- Behrens: cate of inspection by the plant protec- tion service that a disease does not Algeria, Argentina, Australia, Austria, occur in the country in which the arti- Azores, Belgium, Bolivia, Bulgaria, Canada (only that portion comprising Newfoundland, cle was grown may be used in lieu of and the Land District of South Saanich on visual examination and indexing of the Vancouver Island in British Columbia), parent stock for that disease and in- Channel Islands, Chile, Colombia, Costa spection of the nursery. Rica, Crete, Cyprus, Czechoslovakia, Den- (2) Species of Prunus not immune to mark (including Faeroe Islands), Ecuador, plum pox virus (species other than P. Egypt, Federal Republic of Germany (West), avium, P. cerasus, P. effusa, P. Finland, France, German Democratic Repub- lic (East), Great Britain, Greece, Guernsey, laurocerasus, P. mahaleb, P. padus, P. Hungary, Iceland, India, Ireland, Italy, sargentii, P. serotina, P. serrula, P. Japan, Jersey, Jordan, Lebanon, Luxem- serrulata, P. subhirtella, P. yedoensis, bourg, Malta, Mexico, Morocco, The Nether- and P. virginiana) and grown in Bel- lands, New Zealand, Northern Ireland, Nor- gium, France, Germany, Great Britain, way, Pakistan, Panama, Peru, the Phil- or The Netherlands shall be certified ippines, Poland, Portugal, South Africa, only from the government operated Spain (including Canary Islands), Sweden, nurseries (research stations) where the Switzerland, Tunisia, Union of Soviet Social- ist Republics, Venezuela, and Yugoslavia. certified plants were grown and the original parent stock is indexed for the (b) (1) Any of the following restricted appropriate national fruit tree certifi- articles (except seeds) at the time of cation program. arrival at the port of first arrival in (3) List of diseases. the United States must be accom- (i) Monilinia fructigena (Aderh. & panied by a phytosanitary certificate Ruhl.) Honey (Brown rot of fruit). of inspection which contains an addi- (ii) Guignardia piricola (Nose) tional declaration that the article was Yamomoto (Leaf, branch, and fruit dis- grown in a nursery in Belgium, Canada, ease). Federal Republic of Germany, France, (iii) Apple proliferation agent. Great Britain, or The Netherlands and (iv) Pear blister canker virus. that the article was found by the plant (v) Pear bud drop virus. protection service of the country in (vi) Diaporthe mali Bres. (Leaf, branch which the article was grown to be free & fruit fungus). of the following injurious plant dis- eases listed in paragraph (b)(3) of this (vii) Apple green crinkle virus. section: For Chaenomeles spp. (flower- (viii) Apple chat fruit virus. ing quince) and Cydonia spp. (quince), (ix) Plum pox (=Sharka) virus. diseases (i), (ii), (iv), (xviii), (xix), (xx), (x) Cherry leaf roll virus. and (xxi); for Malus spp. (apple, (xi) Cherry rusty mottle (European) crabapple), diseases (i), (ii), (iii), (vi), agent. (vii), (xxii), and (xxiii); for Prunus spp. (xii) Apricot chlorotic leaf roll agent. (almond, apricot, cherry, cherry laurel, (xiii) Plum bark split virus. English laurel, nectarine, peach, plum, (xiv) Arabis mosaic virus and its prune), diseases (i), (ix) through (xvii), strains. and (xxii); and for Pyrus spp. (pear), (xv) Raspberry ringspot virus and its diseases (i), (ii), (iv), (v), (xviii), (xix), strains.
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(xvi) Tomato blackring virus and its panied by a phytosanitary certificate strains. of inspection containing an accurate (xvii) Strawberry latent ringspot additional declaration that such arti- virus and its strains. cles was grown in a greenhouse nursery (xviii) Quince sooty ringspot agent. and found by the plant protection serv- (xix) Quince yellow blotch agent. ice of the country in which grown to be (xx) Quince stunt agent. free from white rust disease (caused by (xxi) Gymnosporangium asiaticum the rust fungus, Puccinia horiana P. Miyabe ex. Yamada (Rust). Henn.) based on visual examination of (xxii)Valsa mali Miyabe and Yamada the parent stock, of the articles for im- ex. Miura (Branch canker fungus). portation, and of the greenhouse nurs- (xxiii) Apple ringspot virus. ery in which the articles for importa- (xxiv) The following nematode trans- tion and the parent stock are grown, mitted viruses of the polyhedral type: Artichoke Italian latent virus, Grape- once a month for 4 consecutive months vine Bulgarian latent virus, Grapevine immediately prior to importation. fanleaf virus and its strains, and Hun- (d) Any restricted article (except garian chrome mosaic virus. seeds) of Dianthus spp. (carnation, (xxv) Grapevine asteroid mosaic sweet-william) from Great Britain agent. shall be grown under postentry quar- (xxvi) Grapevine Bratislava mosaic antine conditions specified in § 319.37– virus. 7(c) unless at the time of arrival at the (xxvii) Grapevine chasselas latent port of first arrival in the United agent. States the phytosanitary certificate of (xxviii) Grapevine corky bark ‘‘Legno inspection accompanying such article riccio’’ agent. contains an accurate additional dec- (xxix) Grapevine leaf roll agent. laration that such article was grown in (xxx) Grapevine little leaf agent. a greenhouse nursery in Great Britain (xxxi) Grapevine stem pitting agent. and found by the plant protection serv- (xxxii) Grapevine vein mosaic agent. ice of Great Britain to be free from in- (xxxiii) Grapevine vein necrosis jurious plant diseases caused by agent. Phialophora cinerescens (Wr.) van (xxxiv) Flavescence-doree agent. Beyma (=Verticillium cinerescens Wr.), (xxxv) Black wood agent (bois-noir). carnation etched ring virus, carnation (xxxvi) Grapevine infectious necrosis ‘‘streak’’ virus, and carnation ‘‘fleck’’ bacterium. virus, based on visual examination of (xxxvii) Grapevine yellows disease bacterium. the parent stock, of the articles for im- (xxxviii) Xanthomonas ampelina portation, and of the greenhouse nurs- Panagopoulas. ery in which the articles for importa- (xxxix) Peyronellaea glomerata Ciferri. tion and the parent stock are grown, (xl) Pseudopeziza tracheiphila Muller- once a month for 4 consecutive months Thur-gau. immediately prior to importation, and (xli) Rhacodiella vitis Sterenberg. based on indexing of the parent stock. (xlii) Rosellinia necratrix Prill. (e) Any restricted article (except (xliii) Septoria melanosa (Vialla and seeds) of Rubus spp. (cloudberry, black- Ravav) Elenk. berry, boysenberry, dewberry, logan- (c) Any restricted article (except berry, raspberry) from Canada, shall be seeds) of Chrysanthemum spp. (chrysan- grown under postentry quarantine con- themum) or Dendranthema spp. (chrys- ditions specified in § 319.37–7 unless at anthemum) from any foreign place ex- the time of arrival at the port of first cept Europe, Argentina, Brazil, Can- arrival in the United States the ada, Canary Islands, Chile, Colombia, phytosanitary certificate of inspection Republic of South Africa, Uruguay, accompanying such article contains an Venezuela, and all countries and local- accurate additional declaration that ities located in part or entirely be- such article was found by the plant tween 90° and 180° East longitude shall protection service of Canada to be free at the time of arrival at the port of of Rubus stunt agent based on visual first arrival in United States be accom-
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examination and indexing of the parent cuttings from indexed parent plants or stock.7 by grafting indexed parent plant mate- (f) Any restricted article (except rial on seedling rootstocks, and were seeds) of Rubus spp. (cloudberry, black- grown in fumigated soil (fumigated by berry, boysenberry, dewberry, logan- applying 400 to 870 pounds of methyl berry, raspberry) from Europe at the bromide per acre and covering the soil time of arrival at the port of first ar- with a tarpaulin for 7 days) in a field at rival in the United States shall be ac- least three meters from the nearest companied by a phytosanitary certifi- non-indexed Syringa spp. (lilac). cate of inspection which shall contain (j) (1) Seeds of Prunus spp. (almond, an accurate additional declaration that apricot, nectarine, peach, plum, and such article was found by the plant prune, but not species in the subgenus protection service of the country of or- Cerasus) from Belgium, France, Federal igin to be free of Rubus stunt agent Republic of Germany, The Netherlands, based on visual examination and index- or Great Britain shall, at the time of ing of the parent stock. arrival at the port of first arrival in (g) Any seed of Cocos nucifera (coco- the United States, be accompanied by a nut) at the time of arrival at the port phytosanitary certificate of inspection, of first arrival in the United States containing accurate additional declara- shall be accompanied by a tions that: phytosanitary certificate of inspection (i) The seeds are from parent stock which shall contain an accurate addi- grown in a nursery in Belgium, France, tional declaration that such seed was Federal Republic of Germany, The found by the plant protection service of Netherlands, or Great Britain that is Costa Rica or of Jamacia to be of Ma- free of plum pox (Sharka) virus; and layan dwarf variety or Maypan variety (ii) The seeds have been found by the (=F1 hybrid, Malayan Dwarf x Panama plant protection service of the country Tall) (which are resistant to lethal in which grown to be free of plum pox yellowing disease) based on visual ex- (Sharka) virus based on the testing of amination of the parent stock. parent stock by visual examination (h) Any restricted article of Fragaria and indexing. spp. (strawberry) from Israel is prohib- (2) Seeds of Prunus spp. (almond, ited as specified in § 319.37–2(a) unless apricot, nectarine, peach, plum, and at the time of arrival at the port of prune, but not species in the subgenus first arrival in the United States the Cerasus), from all countries except phytosanitary certificate accompany- those in Europe, Cyprus, Syria, and ing the article of Fragaria spp. contains Turkey shall, at the time of arrival at an additional declaration that stipu- the port of first arrival in the United lates that the parent stock was found States, be accompanied by a free of red stele disease pathogen as phytosanitary certificate of inspection, well as any other damaging strawberry containing an accurate additional dec- pathogens, based on visual inspection laration that plum pox (Sharka) virus and indexing. does not occur in the country in which (i) Any restricted article of Syringa the seeds were grown. spp. (lilac) from the Netherlands is pro- (k) Any restricted article of Feijoa hibited as specified in § 319.37–2(a) un- (feijoa, pineapple guava) from New Zea- less at the time of arrival at the port of land shall undergo postentry quar- first arrival in the United States the antine in accordance with § 319.37–7 un- phytosanitary certificate accompany- less the article, at the time of arrival ing the article of Syringa spp. (lilac) at the port of first arrival in the contains an accurate additional dec- United States, is accompanied by a laration that stipulates that the parent phytosanitary certificate of inspection, stock was found free of plant diseases containing an accurate additional dec- by inspection and indexing and that laration that New Zealand is free of the Syringa spp. (lilac) to be imported Monilinia fructigena. were propagated either by rooting (l) Any restricted article of Gladiolus, Watsonia or Crocosmia spp. from Lux- 7 Such testing is done under a Raspberry embourg or Spain shall, at the time of Plant Certification Program of Canada. arrival at the port of first arrival in
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the United States, be accompanied by a Solanum tuberosum true seed were phytosanitary certificate of inspection, grown have been sampled by SAG once containing accurate additional declara- per growing season at a rate to detect tions that: 1 percent contamination with a 99 per- (1) The plants were grown in a dis- cent confidence level (500 tubers/500 ease free environment in a greenhouse; plants/500 true seeds per 1 hectare/2.5 (2) The plants were subjected to 12 acres), and that the samples have been hours of continuous misting per day analyzed by SAG using an enzyme- with water at 15–20 degrees Celsius on 2 linked immunosorbent assay (ELISA) consecutive days; and test or nucleic acid spot hybridization (3) The plants were inspected by a (NASH) non-reagent test, with nega- plant quarantine official of the country tive results, for Andean Potato Latent where grown 20 days after the comple- Virus, Arracacha Virus B, Potato Virus tion of the misting and were found free T, the Andean Potato Calico Strain of of gladiolus rust. Tobacco Ringspot Virus, and Potato (m) Any restricted article of Acer Yellowing Virus. palmatum or Acer japonicum from the Netherlands is prohibited unless the ar- (Approved by the Office of Management and ticle is accompanied, at the time of ar- Budget under control number 0579–0049) rival at the port of first arrival in the (44 U.S.C. 35) United States, by a phytosanitary cer- tificate of inspection, containing an ac- [45 FR 31585, May 13, 1980; 45 FR 35305, May curate additional declaration that the 27, 1980, as amended at 45 FR 53450, Aug. 12, article is of a nonvariegated variety of 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, A. palmatum or A. japonicum. Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, (n) Any restricted article of Howea 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, spp. (sentry palm) from Australia or Oct. 1, 1996] New Zealand, is prohibited as specified in § 319.37–2(a) unless at the time of ar- § 319.37–6 Specific treatment and rival at the port of first arrival in the other requirements. United States the phytosanitary cer- (a) Seeds of Hibiscus spp. (hibiscus, tificate accompanying the article of rose mallow) and seeds of Abelmoschus Howea spp. contains both a declaration spp. (okra), from any foreign country of origin and a declaration stipulating or locality, at the time of importation that the Howea is free of the lethal into the United States, shall be treated yellowing pathogen and the cadang- for possible infestation with cadang pathogen, as well as any other Pectinophora gossypiella (Saunders) damaging palm pathogens, based on (pink bollworm) in accordance with the visual inspection. applicable provisions of the Plant Pro- (o) Any Solanum tuberosum true seed tection and Quarantine Treatment imported from Chile shall, at the time Manual.8 of arrival at the port of first arrival in the United States, be accompanied by a (b) Seeds of Lathyrus spp. (sweet pea, phytosanitary certificate of inspection peavine); Lens spp. (lentil); and Vicia issued in Chile by the Servicio Agricola spp. (fava bean, vetch) from countries y Ganadero (SAG), containing addi- and localities other than those in tional declarations that: North America and Central America, (1) The Solanum spp. true seed was at the time of importation into the produced by Solanum plants that were United States, shall be treated for pos- propagated from plantlets from the sible infestation with insects of the United States; family Bruchidae in accordance with (2) The Solanum plants that produced the applicable provisions of the Plant the Solanum tuberosum true seed were Protection and Quarantine Treatment grown in the Tenth (X) Region of Chile Manual. (that area of the country between 39° (c) Bulbs of Allium sativum (garlic) and 44° South latitude); and from Algeria, Austria, Czechoslovakia, (3) Solanum tuberosum tubers, plants, Egypt, France, Greece, Hungary, Iran, and true seed from each field in which the Solanum plants that produced the 8 See footnote 6 in § 319.37–4.
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Israel, Italy, Morocco, Portugal, Re- Protection and Quarantine Treatment public of South Africa, Spain, Switzer- Manual. land, Syria, Turkey, Union of Soviet [45 FR 31585, May 13, 1980; 45 FR 35305, May Socialist Republics, Federal Republic 27, 1980, as amended at 45 FR 49504, July 25, of Germany (West), or Yugoslavia at 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR the time of importation into the 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996] United States shall be treated for pos- sible infestation with Brachycerus spp. § 319.37–7 Postentry quarantine. and Dyspessa ulula (Bkh.) in accordance (a) The following restricted articles, with the applicable provisions of the from the designated countries and lo- Plant Protection and Quarantine calities, and any increase therefrom Treatment Manual. must be grown under postentry quar- (d) Seeds of Guizotia abyssinica (niger antine conditions specified in para- seed) from any foreign place, at the graphs (c) and (d) of this section, and time of arrival at the port of first ar- may be imported or offered for impor- rival, shall be heat treated for possible infestation with Cuscuta spp. in accord- tation into the United States only: ance with the applicable provisions of (1) If destined for a State that has the Plant Protection and Quarantine completed a State postentry quar- Treatment Manual. antine agreement in accordance with (e) Seeds of all species of the plant paragraph (c) of this section; family Rutaceae from Afghanistan, An- (2) If a postentry quarantine growing daman Islands, Argentina, Bangladesh, agreement has been completed and sub- Brazil, Burma, Caroline Islands, mitted to Plant Protection and Quar- Comoro Islands, Fiji Islands, Home Is- antine in accordance with paragraph land in Cocos (Keeling) Islands, Hong (d) of this section. The agreement must Kong, India, Indonesia, Ivory Coast, be signed by the person (the importer) Japan, Kampuchea, Korea, Madagas- applying for a written permit for im- car, Malaysia, Mauritius, Mozambique, portation of the article in accordance Nepal, Oman, Pakistan, Papua New with § 319.37–3; and, Guinea, Paraguay, Peoples Republic of (3) If Plant Protection and Quar- China, Philippines, Reunion Island, antine has determined that the com- Rodriquez Islands, Ryukyu Islands, pleted postentry quarantine growing Saudi Arabia, Seychelles, Sri Lanka, agreement fulfills the applicable re- Taiwan, Thailand, Thursday Island, quirements of this section and that United Arab Emirates, Uruguay, Viet- services by State inspectors are avail- nam, Yemen (Sanaa), and Zaire, at the able to monitor and enforce the time of arrival at the port of first ar- postentry quarantine: rival in the United States shall be treated for possible infection with cit- Restricted Article (ex- Foreign Country(ies) or Locality(ies) rus canker by being immersed in water cluding seeds) from which imported at 125 °F (51.6 °C) or higher for 10 min- Abelmoschus spp. All except Africa, Bangladesh, utes, and then immersed for a period of (okra). Brazil, Canada, India, Iraq, Papua at least 2 minutes in a solution con- New Guinea, Sri Lanka, and Trin- taining 200 parts per million sodium idad and Tobago. Acacia spp. (acacia) ... All except Australia, Canada, and hypochlorite at a pH of 6.0 to 7.5. Oceania. (f) Seeds of Castanea and Quercus Acer spp. (maple) ...... All except Canada, Europe, and from all countries except Canada and Japan. Actinidia spp. (Chinese All except Australia, Canada, Mexico at the time of arrival at the gooseberry, kiwi). Japan, New Zealand, and Tai- port of first arrival in the United wan. States shall be treated for possible in- Aesculus spp. All except Canada, Czechoslovakia, festation with Curculio elephas (horsechestnut). Federal Republic of Germany, Romania, and the United King- (Cyllenhal), C. nucum L., Cydia dom. (Laspeyresia) splendana Hubner, Althaea spp. (althaea, All except Africa, Bangladesh, Can- Pammene fusciana L. (Hemimene juliana hollyhock). ada, India, and Sri Lanka. (Curtis)) and other insect pests of chestnut and acorn in accordance with the applicable provisions of the Plant
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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported cluding seeds) from which imported
Berberis spp. (bar- All. Fragaria spp. (straw- All except Australia, Austria, Can- berry) destined to berry). ada, Czechoslovakia, France, any State except the Great Britain, Italy, Japan, Leb- eradication States anon, The Netherlands, New Zea- listed in § 301.38±2a land, Northern Ireland, Republic of this chapter of Ireland, Switzerland, and Union (plants of all species of Soviet Socialist Republics. and horticultural vari- Fraxinus spp (ash) ...... All except Canada and Europe. eties designated as Fruit and nut articles All except Canada. resistant to black listed by common stem rust in accord- name in paragraph ance with § 301.38±1 (b) of this section. of this chapter). Gladiolus spp. (gladio- All except Africa, Argentina, Brazil, Blighia sapida (akee) .. All except Canada, Ivory Coast, and lus) (except bulbs) Canada, France, Italy, Luxem- Nigeria. not meeting the con- bourg, Malta, Mauritius, Portugal, Bromeliaceae All. dition for importation Spain, and Uruguay. (bromeliads) des- in § 319.37±5(l). tined to Hawaii. Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, Cedrus spp. (cedar) .... All except Canada and Europe. hibiscus, rose mal- and India. Chaenomeles spp. Countries listed in § 319.37±5(b) ex- low). (flowering quince) cept Canada. Humulus spp. (hops) ... All. meeting the condi- Hydrangea spp. (hy- All except Canada and Japan. tions for importation drangea). in § 319.37±5(b). Jasminum spp. (jas- All except Canada, Belgium, Fed- Chrysanthemum spp. All except Argentina, Brazil, Can- mine). eral Republic of Germany, Great (chrysanthemum) ada, Canary Islands, Chile, Co- Britain, India, and the Philippines. meeting the condi- lombia, Europe, Republic of Juniperus spp. (juni- All except Canada and Europe. tions in § 319.37± South Africa, Uruguay, Ven- per). 5(c). ezuela, and all countries, terri- Larix spp. (larch) ...... All except Canada, Japan, and Eu- tories, and possessions of coun- rope. tries located in part or entirely be- Ligustrum spp. (privet) All except Canada and Europe. tween 90° and 180° East lon- gitude. Mahoberberis spp. All. destined to any Crataegus monogyna Europe. Jacq. (hawthorne, State except the thorneapple, red eradication States haw). listed in § 301.38±2a of this chapter Crocosmia spp. All except Africa, Argentina, Brazil, (plants of all species (montebretia) (ex- Canada, France, Italy, Luxem- and horticultural vari- cept bulbs) not bourg, Malta, Mauritius, Portugal, eties designated as meeting the condi- Spain, and Uruguay. resistant to black tions for importation stem rust in accord- in § 319.37±5(l). ance with § 301.38±1 Cydonia spp. (quince) Countries listed in § 319.37±5(b) ex- of this chapter). meeting the condi- cept Canada. Mahonia spp. All. tions for importation (mahonia) destined in § 319.37±5(b). to any State except Datura spp...... All except Canada, Colombia and the eradication India. States listed in Dendranthema spp. All except Argentina, Brazil, Can- § 301.38±2a of this (chrysanthemum) ada, Canary Islands, Chile, Co- chapter (plants of all meeting the condi- lombia, Europe, Republic of species and horti- tions in § 319.37± South Africa, Uruguay, Ven- cultural varieties 5(c). ezuela, and all countries, terri- designated as resist- tories, and possessions of coun- ant to black stem tries located in part or entirely be- rust in accordance tween 90° and 180° East lon- with § 301.38±1 of gitude. this chapter). Dianthus spp. (carna- Great Britain, unless exempted from Malus spp. (apple, Countries listed in § 319.37±5(b) ex- tion, sweet-william). postentry quarantine conditions crabapple) meeting cept Canada. pursuant to § 319.37±5(d), and all the conditions for im- other countries and localities ex- portation in cept Canada. § 319.37±5(b). Eucalyptus spp ...... All except Canada, Europe, Sri Mespilus germanica Countries listed in § 319.37±5(b) ex- Lanka, and Uruguay. (medlar). cept Canada. Euonymus spp. All except Canada, Japan, and Eu- Morus spp. (mulberry) All except Canada, India, Japan, (euonymus). rope. Korea, People's Republic of China, Thailand, and the geo- graphic area formerly known as the Union of Soviet Socialist Re- publics.
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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Carica— papaya, pawpaw cluding seeds) from which imported Carissa— natal plum Ceratonia— St. Johnsbread Nut and fruit articles Chrysobalanus— coco plum (see fruit and nut ar- ticles). Chrysophyllum— starapple Passiflora spp. (pas- All except Canada. Corylus— filbert, hazel, hazelnut, cobnut sion fruit, granadilla). Crataegus— hawthorne Philadelphus spp. All except Canada and Europe. Diospyros— persimmon, kaki, mabola (mock orange). Durio— durian Picea spp. (spruce) ..... All except Canada, Europe, Japan, Eriobotrya— loquat, Japanese medlar, Jap- and Siberia. anese plum Pinus spp. (pine) (2-or- All except Canada, Europe, and Euphoria— longan 3 leaved). Japan. Eugenia— roseapple, Malayapple, Populus spp. (aspen, All except Canada and Europe. cottonwood, poplar). Curacaoapple Prunus spp. (almond, Countries listed in § 319.37±5(b) ex- Feijoa— feijoa, pineapple guava (except apricot, cherry, cher- cept Canada. from New Zealand if accompanied by a ry laurel, English lau- phytosanitary certificate of inspection in ac- rel, nectarine, peach, cordance with § 319.37–5(k)) plum, prune) meet- Ficus— fig ing the conditions for Garcinia— mangosteen, gourka importation in § 319.37±5(b). Juglans— walnut, butternut, heartnut, Pseudolarix spp. (gold- All except Canada, Japan, and Eu- regranut, buartnut en larch). rope. Lansium— langsat Pseudotsuga spp. All except Canada and Europe. Litchi— lychee, leechee (Douglas fir). Macadamia— macadamia nut, queensland Pyrus spp. (pear) Countries listed in § 319.37±5(b) ex- nut meeting the condi- cept Canada. Malpighia— Barbados cherry tions for importation in § 319.37±5(b). Mammea— mammeapple, mamey Quercus spp. (oak) ..... All except Canada and Japan. Mangifera— mango Ribes spp. (currant, All except Canada and Europe. Manilkara— sapodilla gooseberry). Melicoccus— honeyberry, mamoncilla, Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- spanish lime, genip ada, Italy, and New Zealand. Nephelium— rambutan, pulasan Rubus spp. All unless exempted from postentry Olea— olive (cloudberry, black- quarantine conditions pursuant to berry, boysenberry, § 319.37±5(e). Persea— avocado, alligator pear dewberry, logan- Phoenix— date berry, raspberry). Phyllanthus— otaheite-gooseberry Salix spp. (willow) ...... Europe except Federal Republic of Pistacia— pistachio Germany (West), German Demo- Psidium— guava, guayala cratic Republic (East), Great Brit- Punica— pomegranate, granada ain, and The Netherlands. Pyronia— quinpear Sorbus spp. (mountain All except Canada, Czechoslovakia, Rhodomyrtus— hill gooseberry, rose myrtle ash). Denmark, and Federal Republic of Germany. Spondias— yellow mombin, red mombin, Syringa spp. (lilac) ...... The Netherlands, if the articles hog plum meet the conditions for importa- Syzygium— Malayapple, rose apple, java tion in § 319.37±5(i), and all other plum places except Canada and Eu- Vaccinium— blueberry, cranberry rope. Ziziphus— jujube Ulmus spp. (elm) ...... All except Canada and Europe. Watsonia spp. (bugle All except Africa, Argentina, Brazil, (c) State Postentry quarantine agree- lily) (except bulbs) Canada, France, Italy, Luxem- ment. (1) Articles required to undergo not meeting the con- bourg, Malta, Mauritius, Portugal, ditions for importa- Spain, and Uruguay. postentry quarantine in accordance tion in § 319.37±5(l). with this section may only be imported if destined for postentry quarantine (b) Fruit and nut articles (common growing in a State which has entered names are listed after scientific into a written agreement with the Ani- names). mal and Plant Health Inspection Serv- ice, signed by the Administrator or his Achras—(Synonym for Manilkara) or her designee and by the State Plant Annona— custard apple, cherimoya, Regulatory Official. In accordance with sweetsop, sugarapple, soursop, bullock’s the laws of individual States, inspec- heart, alligator apple, suncoya, ilama, guanabana, pond apple tion and other postentry quarantine Anacardium— cashew services provided by a State may be Artocarpus— breadfruit, jackfruit subject to charges imposed by the Averrhoa— carambola State.
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(i) The following States have entered Quarantine any propagation or in- into a postentry quarantine agreement crease in the number of plants that oc- in accordance with this paragraph: curs during postentry quarantine. [Reserved] (3) In any such written agreement, (2) In any such written agreement, the Administrator shall agree to: the State shall agree to: (i) Seek State review of permit appli- (i) Establish State regulations and cations for postentry quarantine mate- requirements prior to the effective rial in that State, and issue permits date of the agreement and enforce such only after determining that State serv- regulations and requirements nec- ices are available to monitor the essary to inspect sites and plants grow- postentry quarantine; ing in postentry quarantine and to (ii) Upon request of the State, pro- monitor and enforce compliance with vide training, technical advice, and postentry quarantine growing in ac- pest identification services to State of- cordance with this section; ficials involved in providing postentry (ii) Review pending permit applica- quarantine services in accordance with tions for articles to be grown under this section; postentry quarantine conditions in the (iii) Notify State officials, in writing State, upon request of Plant Protec- and within ten days of the arrival, tion and Quarantine, and report to the when plant material destined for Postentry Quarantine Unit of Plant postentry quarantine in their State ar- Protection and Quarantine whether the rives in the United States, and notify State would be able to provide inspec- tion and monitoring services for the State officials in writing when mate- proposed postentry quarantine; rials in postentry quarantine may be (iii) Provide the services of State in- released from quarantine in their spectors to: inspect sites to be used for State. postentry quarantine; report to the (4) Termination of State postentry quar- Postentry Quarantine Unit of Plant antine agreement. A State postentry Protection and Quarantine whether the quarantine agreement may be termi- site is of adequate size to contain the nated by either the Administrator or number of plants proposed for importa- the State Plant Regulatory Official by tion, including potential increase if in- giving written notice of termination to crease is allowed; inspect plants for the other party. The effective date of evidence of exotic pests at least once the termination will be 60 days after during the first year and once during the date of actual receipt of notice, the second year for plants required to with regard to future importation to be grown in postentry quarantine for 2 that State of articles requiring years, and at least once for plants re- postentry quarantine in accordance quired to be grown in quarantine for with this section. When a postentry less than 2 years; and monitor and en- quarantine agreement is terminated by force compliance with the require- either the State Plant Regulatory Offi- ments of this section during the use of cial or the Administrator, APHIS and the sites for postentry quarantine; the affected State shall continue to (iv) Report to the Postentry Quar- provide postentry quarantine services antine Unit of Plant Protection and in accordance with the postentry quar- Quarantine any evidence of plant pests antine agreement, until the time the that are now know to exist in the plant material is eligible to be released United States and that are found at a from quarantine, for all postentry postentry quarantine site by State in- quarantine material already in the spectors; recommend to Plant Protec- State, and for all postentry quarantine tion and Quarantine safeguards or material that arrives in the State prior mitigation measures to control the to the effective date of termination. pests; and supervise the application of (d) Postentry quarantine growing agree- safeguards or mitigation measures ap- ments. Any restricted article required proved by Plant Protection and Quar- to be grown under postentry quar- antine; and antine conditions, as well as any in- (v) Report to the Postentry Quar- crease therefrom, shall be grown in ac- antine Unit of Plant Protection and cordance with a postentry quarantine
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growing agreement signed by the per- other person; to retain the abnormal or son (the importer) applying for a writ- dead article for at least 60 days follow- ten permit in accordance with § 319.37– ing that date of notification; and to 3 for importation of the article and give the abnormal or dead article to an submitted to Plant Protection and inspector upon request; Quarantine. On each postentry quar- (7) To grow the article or increase antine growing agreement, APHIS therefrom, if an article of Rubus spp. shall also obtain the signature of the (cloudberry, blackberry, boysenberry, State Plant Regulatory Official for the dewberry, loganberry, raspberry) from State in which regulated articles cov- Europe, only in a screenhouse with ered by the agreement will be grown. screening of a minimum of 16 mesh per The postentry quarantine growing inch; agreement shall specify the kind, num- (8) To grow the article or increase ber, and origin of plants to be im- therefrom, if an article of Chrysan- ported, and shall certify to APHIS and themum spp. (chrysanthemum) or to the State in which the articles are Dianthus spp. (carnation, sweet-wil- grown that the signer of the agreement liam), only in a greenhouse or other en- will comply with the following condi- closed building; and tions for the period of time specified (9) To comply with the above condi- below: tions for a period of 6 months after im- (1) To grow such article or increase portation for an article of Chrysan- therefrom only on specified premises themum spp. (chrysanthemum), for a owned, rented, or otherwise in posses- period of 1 year after importation for sion of the importer, within a space of an article of Dianthus spp. (carnation, dimensions designated by an inspector, sweet-william), and for a period of 2 and to move, propagate, or allow prop- years after importation for any other agation of the article or increase there- such articles. from or parts thereof only with the (e) A completed postentry quarantine written permission of an inspector and agreement shall accompany the appli- only to the extent prescribed by the in- cation for a written permit for an arti- spector; cle required to be grown under (2) To permit an inspector to have ac- postentry quarantine conditions. 9 cess to the specified premises for in- (f) Inspector-ordered disposal, move- spection of such article during regular ment, or safeguarding of restricted arti- business hours; cles; costs and charges, civil and criminal (3) To keep the article and any in- liabilities. crease therefrom identified with a label (1) Growing at unauthorized sites. If an showing the name of the article, port inspector determines that any article accession number, and date of importa- subject to the postentry quarantine tion; growing requirements of this section, (4) To keep the article separated or any increase therefrom, is being from any domestic plant or plant prod- grown at an unauthorized site, the in- uct of the same genus by no less than spector may file an emergency action 3 meters (approximately 10 feet); and notification (PPQ form 523) with the from any other imported plant or plant owner of the article or the person who product by the same distance; owns or is in possession of the site on (5) To allow or apply remedial meas- which the article is being grown. The ures (including destruction) deter- person named in the form 523 must, mined by an inspector to be necessary within the time specified in form 523, to prevent the spread of an injurious sign a postentry quarantine growing plant disease, injurious insect pest, or other plant pest; 9 Postentry quarantine agreement forms (6) To notify an inspector, orally or are available without charge from the Ani- in writing, within 30 days of the time mal and Plant Health Inspection Service, the importer or the person in charge of Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit the growing site finds any abnormality 136, Riverdale, Maryland 20737–1236, or local of the article, or the article dies or is offices of the Plant Protection and Quar- killed by the importer, the person in antine Programs which are listed in tele- charge of the growing site, or any phone directories.
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agreement, destroy, ship to a point with the kind of article (including in- outside the United States, move to an crease therefrom), the types of other authorized postentry quarantine site, host materials for the pest in or near and/or apply treatments or other safe- the growing site, the climate and sea- guards to the article, the increase son at the site in relation to the pest’s therefrom, or any portion of the article survival, and the availability of treat- or the increase therefrom, as pre- ment facilities. scribed by an inspector to prevent the (3) Costs and charges. All costs pursu- introduction of plant pests into the ant to any action ordered by an inspec- United States. In choosing which ac- tor in accordance with this section tion to order and in setting the time shall be borne by the person who signed limit for the action, the inspector shall the postentry quarantine growing consider the degree of pest risk pre- agreement covering the site where the sented by the plant pest(s) associated articles were grown, or if no such with the kind of article (including in- agreement was signed, by the owner of crease therefrom), the types of other the articles at the growing site. host materials for the pest in or near (4) Civil and criminal liabilities. Any the growing site, the climate and sea- person who moves an article subject to son at the site in relation to the pest’s postentry quarantine growing require- survival, and the availability of treat- ments from the site specified for that ment facilities. article in an authorized postentry (2) Growing at authorized sites. If an quarantine growing agreement, or who inspector determines that any article, otherwise handles such an article con- or any increase therefrom, grown at a trary to the requirements of this sec- site specified in an authorized tion, shall be subject to such civil pen- postentry quarantine growing agree- alties and such criminal liabilities as ment is being grown contrary to the are provided by 18 U.S.C. 1001, 7 U.S.C. provisions of this section, including in 150gg and 163, or other applicable Fed- numbers greater than the number ap- eral statutes. proved by the postentry quarantine (g) State. As used in this section, growing agreement, or in a manner ‘‘State’’ means each of the 50 States of that otherwise presents a risk of intro- the United States, the District of Co- ducing plant pests into the United lumbia, Guam, Northern Mariana Is- States, the inspector shall issue an lands, Puerto Rico, the Virgin Islands emergency action notification (PPQ of the United States, and all other ter- form 523) to the person who signed the ritories and possessions of the United postentry quarantine growing agree- States. ment. That person shall be responsible (Approved by the Office of Management and for carrying out all actions specified in Budget under control number 0579–0049) the emergency action notification. The emergency action notification may ex- (44 U.S.C. 35) tend the time for which the articles [45 FR 31585, May 13, 1980; 45 FR 35305, May and the increase therefrom must be 27, 1980, as amended at 45 FR 81531, Dec. 11, grown under the postentry quarantine 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, conditions specified in the authorized 43150, Sept. 18, 1992; 58 FR 38267, July 16, 1993; postentry quarantine growing agree- 58 FR 41124, Aug. 2, 1993; 59 FR 67610, Dec. 30, ment, or may require that the person 1994; 61 FR 51210, Oct. 1, 1996] named in the notification must de- stroy, ship to a point outside the § 319.37–8 Growing media. United States, or apply treatments or (a) Any restricted article at the time other safeguards to the article, the in- of importation or offer for importation crease therefrom, or any portion of the into the United States shall be free of article or the increase therefrom, with- sand, soil, earth, and other growing in the time specified in the emergency media, except as provided in paragraph action notification. In choosing which (b), (c), (d) or (e) of this section. action to order and in setting the time (b) A restricted article from Canada, limit for the action, the inspector shall other than from Newfoundland or from consider the degree of pest risk pre- that portion of the Municipality of sented by the plant pest(s) associated Central Saanich in the Province of
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British Columbia east of the West seeds germinated in the greenhouse), Saanich Road, may be imported in any and must be: growing medium. (i) Grown in compliance with a writ- (c) A restricted article growing solely ten agreement between the grower and in agar or in other transparent or the plant protection service of the translucent tissue culture medium may country where the article is grown, in be imported established in such grow- which the grower agrees to comply ing media. with the provisions of this section and (d) Epiphytic plants (including orchid to allow inspectors, and representa- plants) established solely on tree fern tives of the plant protection service of slabs, coconut husks, or coconut fiber the country where the article is grown, may be imported on such growing access to the growing facility as nec- media. essary to monitor compliance with the (e) A restricted article of any of the provisions of this section; following groups of plants may be im- (ii) Grown solely in a greenhouse in ported established in an approved which sanitary procedures adequate to growing medium listed in this para- exclude plant pests and diseases are al- graph, if the article meets the condi- ways employed, including cleaning and tions of this paragraph, and is accom- disinfection of floors, benches and panied by a phytosanitary certificate tools, and the application of measures issued by the plant protection service to protect against any injurious plant of the country in which the article was diseases, injurious insect pests, and grown that declares that the article other plant pests. The greenhouse must meets the conditions of this paragraph: be free from sand and soil and must Alstroemeria, Ananas,10 Anthurium, Be- have screening with openings of not gonia, Gloxinia (= Sinningia), more than 0.6 mm on all vents and Nidularium,11 Peperomia, openings except entryways. All Polypodiophyta (=Filicales) (ferns), entryways must be equipped with auto- and Saintpaulia. matic closing doors; (1) Approved growing media are (iii) Rooted and grown in an active baked expanded clay pellets, cork, state of foliar growth for at least four glass wool, organic and inorganic fi- consecutive months immediately prior bers, peat, perlite, polymer stabilized to importation into the United States, starch, plastic particles, phenol form- in a greenhouse unit that is used solely aldehyde, polyethylene, polystyrene, for articles grown in compliance with polyurethane, rock wool, sphagnum this paragraph; moss, ureaformaldehyde, vermiculite, (iv) Grown from seeds germinated in or volcanic rock, or any combination of the greenhouse unit; or descended from these media. Growing media must not a mother plant that was grown for at have been previously used. least 9 months in the exporting coun- (2) Articles imported under this para- try prior to importation into the graph must be grown in compliance United States of the descendent plants, with a written agreement for enforce- provided that if the mother plant was ment of this section signed by the imported into the exporting country plant protection service of the country from another country, it must be: where grown and Plant Protection and (A) Grown for at least 12 months in Quarantine, must be developed from the exporting country prior to impor- mother stock that was inspected and tation of the descendent plants into found free from evidence of disease and the United States, or pests by an APHIS inspector or foreign (B) Treated at the time of importa- plant protection service inspector no tion into the exporting country with a more than 60 days prior to the time the treatment prescribed for pests of that article is established in the greenhouse plant by the plant protection service of (except for articles developed from the exporting country and then grown for at least 9 months in the exporting 10 These articles are bromeliads, and if im- country prior to importation of the de- ported into Hawaii, bromeliads are subject to scendent plants into the United States; postentry quarantine in accordance with (v) Watered only with rainwater that § 319.37–7. has been boiled or pasteurized, with
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clean well water, or with potable (ii) Grown throughout its growing pe- water; riod only in a coldroom (with tempera- (vi) Rooted and grown in approved tures not exceeding 9° C. (48° F.)) with- growing media listed in § 319.37–8(e)(1) in an enclosed building; on benches supported by legs and (iii) Grown only in a coldroom unit raised at least 46 cm above the floor; solely used for articles grown under all (vii) Stored and packaged only in the criteria specified in this paragraph areas free of sand, soil, earth, and plant (f); pests; and, (iv) Grown only in unused peat, (viii) Inspected in the greenhouse and sphagnum moss, or vermiculite grow- found free from evidence of plant pests ing media; or grown only in synthetic and diseases by an APHIS inspector or growing media or synthetic horti- an inspector of the plant protection cultural foams, i.e., plastic particles, service of the exporting country, no glass wool, organic and inorganic fi- more than 30 days prior to the date of bers, polyurethane, polystyrene, poly- export to the United States. ethylene, phenol formaldehyde, (f) A restricted article of Hyacinthus ureaformaldehyde; spp. (hyacinth) may be imported estab- (v) Watered only with clean rain- lished in unused peat, sphagnum moss, water that has been pasteurized, with or vermiculite growing media, or in clean well water, or with potable synthetic growing media or synthetic water; horticultural foams, i.e., plastic par- (vi) Grown in a coldroom free of sand, ticles, glass wool, organic and inor- soil, or earth; ganic fibers, polyurethane, poly- (vii) Grown only in a coldroom where styrene, polyethylene, phenol form- strict sanitary procedures are always aldehyde, or ureaformaldehyde: practiced, i.e., cleaning and disinfec- (1) If there is a written agreement be- tion of floors and tools and the applica- tween Plant Protection and Quarantine tion of measures to protect against any and the plant protection service of the injurious plant diseases, injurious in- country where the article is grown in sect pests, and other plant pests; and which the plant protection service of (viii) Stored only in areas found free the country where the article is grown of sand, soil, earth, injurious plant dis- agrees to implement a program in com- eases, injurious insect pests, and other pliance with the provisions of this sec- plant pests; tion; (4) If appropriate measures have been (2) If there is a written agreement be- taken to assure that the article is to be tween the grower of the article and the stored, packaged, and shipped free of plant protection service of the country injurious plant diseases, injurious in- in which the article is grown wherein sect pests, and other plant pests; the grower agrees to comply with the (5) If accompanied by a provisions of this section, wherein the phytosanitary certificate of inspection grower agrees to allow an inspector ac- containing an accurate additional dec- cess to the growing facility as nec- laration from the plant protection essary to monitor compliance with the service of the country in which grown provisions of this section, and wherein that the article meets conditions of the grower agrees to allow representa- growing, storing, and shipping in com- tives of the plant protection service of pliance with 7 CFR 319.37–8(f); and the country in which the article is (6) If the accompanying grown access to the growing facility as phytosanitary certificate of inspection necessary to make determinations con- is endorsed by a Plant Protection and cerning compliance with the provisions Quarantine inspector in the country of of this section; origin or at the time of offer for impor- (3) If: (i) Inspected immediately prior tation, representing a finding based on to the growing period by the plant pro- monitoring inspections that the condi- tection service of the country in which tions listed above are being met. the article is to be grown and found to (g) Pest risk evaluation standards for be free of injurious plant diseases, inju- plants established in growing media. rious insect pests, and other plant When evaluating a request to allow im- pests; portation of additional taxa of plants
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established in growing media, the Ani- (3) Conduct individual pest risk assess- mal and Plant Health Inspection Serv- ments. Each of the quarantine pests ice will conduct the following analysis identified by application of the criteria in determining the pest risks associ- in paragraph (g)(2) of this section will ated with each requested plant article be evaluated based on the following es- and in determining whether or not to timates: propose allowing importation into the (i) Estimate the probability the quar- United States of the requested plant antine pest will be on, with, or in the article. regulated article at the time of impor- (1) Collect commodity information. (i) tation; Determine the kind of growing me- (ii) Estimate the probability the dium, origin and taxon of the regulated quarantine pest will survive in transit article. on the regulated article and enter the (ii) Collect information on the meth- United States undetected; od of preparing the regulated article (iii) Estimate the probability of the for importation. quarantine pest colonizing once en- (iii) Evaluate history of past plant tered into the United States; pest interceptions or introductions (in- (iv) Estimate the probability of the cluding data from plant protection quarantine pest spreading beyond the services of foreign countries) associ- colonized area; and ated with each regulated article. (v) Estimate the actual and perceived (2) Catalog quarantine pests. For the economic, environmental and social regulated article specified in an appli- damage that would occur if the quar- cation, determine what plant pests or antine pest is introduced, colonizes, potential plant pests are associated and spreads. with the type of plant from which the (4) Determine overall estimation of risk regulated article was derived, in the based on compilation of component esti- country and locality of origin. A plant mates. This step will evaluate whether pest that meets one of the following the pest risk of importing a regulated criteria is a quarantine pest and will be article established in growing media, further evaluated in accordance with as developed through the estimates of paragraph (g)(3) of this section: paragraph (g)(3) of this section, is (i) Non-indigenous plant pest not greater than the pest risk of importing present in the United States; the regulated article with bare roots as (ii) Non-indigenous plant pest, allowed by § 319.37–8(a). present in the United States and capa- (i) If the pest risk is determined to be ble of further dissemination in the the same or less, the regulated article United States; established in growing media will be (iii) Non-indigenous plant pest that is allowed importation under the same present in the United States and has conditions as the same regulated arti- reached probable limits of its ecologi- cle with bare roots. cal range, but differs genetically from (ii) If the pest risk is determined to the plant pest in the United States in a be greater for the regulated article es- way that demonstrates a potential for tablished in growing media, APHIS will greater damage potential in the United evaluate available mitigation measures States; to determine whether they would allow (iv) Native species of the United safe importation of the regulated arti- States that has reached probable limits cle. Mitigation measures currently in of its ecological range, but differs ge- use as requirements of this subsection, netically from the plant pest in the and any other mitigation methods rel- United States in a way that dem- evant to the regulated article and onstrates a potential for greater dam- plant pests involved, will be compared age potential in the United States; or with the individual pest risk assess- (v) Non-indigenous or native plant ments in order to determine whether pest that may be able to vector an- requiring particular mitigation meas- other plant pest that meets one of the ures in connection with importation of criteria in (g)(2)(i) through (iv) of this the regulated article would reduce the section. pest risk to a level equal to or less
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than the risk associated with import- Volcanic rock. ing the regulated article with bare [45 FR 31585, May 13, 1980, as amended at 57 roots as allowed by § 319.37–8(a). If FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, APHIS determines that use of particu- 1995] lar mitigation measures could reduce the pest risk to this level, and deter- § 319.37–10 Marking and identity. mines that sufficient APHIS resources (a) Any restricted article for impor- are available to implement or ensure tation other than by mail, at the time implementation of the appropriate of importation or offer for importation mitigation measures, APHIS will pro- into the United States shall plainly pose to allow importation into the and correctly bear on the outer con- United States of the requested regu- tainer (if in a container) or the re- lated article if the appropriate mitiga- stricted article (if not in a container) tion measures are employed. the following information: (Secs. 1, 5 and 9, 37 Stat. 315, 316, and 318, as (1) General nature and quantity of amended; sec. 105, 71 Stat. 32 (7 U.S.C. 154, the contents, 159, 162, 150ee); 37 FR 28464, 28477, as amend- (2) Country and locality where ed; 38 FR 19141) grown, [45 FR 31585, May 13, 1980, and 47 FR 3087, (3) Name and address of shipper, Jan. 22, 1982, as amended at 57 FR 43151, Sept. owner, or person shipping or forward- 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, ing the article, Oct. 1, 1996] (4) Name and address of consignee, § 319.37–9 Approved packing material. (5) Identifying shipper’s mark and number, and Any restricted article at the time of (6) Number of written permit author- importation or offer for importation izing the importation if one was issued. into the United States shall not be (b) Any restricted article for impor- packed in a packing material unless tation by mail shall be plainly and cor- the plants were packed in the packing rectly addressed and mailed to the material immediately prior to ship- Plant Protection and Quarantine Pro- ment; such packing material is free grams at a port of entry listed in from sand, soil, or earth (except for § 319.37–14, shall be accompanied by a sand designated below); has not been separate sheet of paper within the used previously as packing material or package plainly and correctly bearing otherwise; and is listed below: the name, address, and telephone num- Baked or expanded clay pellets. ber of the intended recipient, and shall Buckwheat hulls. plainly and correctly bear on the outer Coral sand from Bermuda, if the article container the following information: packed in such sand is accompanied by a (1) General nature and quantity of phytosanitary certificate of inspection con- the contents, taining an accurate additional declaration from the plant protection service of Bermuda (2) Country and locality where that such sand was free from soil. grown, Excelsior. (3) Name and address of shipper, Exfoliated vermiculite. owner, or person shipping or forward- Ground cork. ing the article, and Ground peat. (4) Number of written permit author- Ground rubber. izing the importation, if one was Paper. issued. Perlite. (c) Any restricted article for impor- Polymer stabilized cellulose. tation (by mail or otherwise), at the Quarry gravel. time of importation or offer for impor- Rock wool. tation into the United States shall be Sawdust. accompanied by an invoice or packing Shavings—wood or cork. list indicating the contents of the ship- Sphagnum moss. ment. Vegetable fiber when free of pulp, includ- ing coconut fiber and Osmunda fiber, but ex- (Approved by the Office of Management and cluding sugarcane fiber and cotton fiber. Budget under control number 0579–0049)
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(44 U.S.C. 35) tion facility, except that an importer [45 FR 31585, May 13, 1980, as amended at 48 may have such treatment performed at FR 57466, Dec. 30, 1983] a nongovernmental facility if the treatment is performed at nongovern- § 319.37–11 Arrival notification. ment expense under the supervision of Promptly upon arrival of any re- an inspector and in accordance with stricted article at a port of entry, the any applicable treatment requirements importer shall notify the Plant Protec- of this subpart and in accordance with tion and Quarantine Programs of the any treatment required by an inspector arrival by such means as a manifest, as an emergency measure in order to Customs entry document, commercial prevent the dissemination of any inju- invoice, waybill, a broker’s document, rious plant disease, injurious insect or a notice form provided for that pur- pest, or other plant pest, new to or not pose. theretofore known to be widely preva- (Approved by the Office of Management and lent or distributed within and through- Budget under control number 0579–0049) out the United States. However, treat- ment may be performed at a non- (44 U.S.C. 35) governmental facility only in cases of [45 FR 31585, May 13, 1980, as amended at 48 unavailability of government facilities FR 57466, Dec. 30, 1983] and only if, in the judgment of an in- § 319.37–12 Prohibited articles accom- spector, such article can be transported panying restricted articles. to such nongovernmental facility with- out the risk of introduction into the A restricted article for importation United States of injurious plant dis- into the United States shall not be packed in the same container as an ar- eases, injurious insect pests, or other ticle prohibited importation into the plant pests. United States by this part or part 321. [45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. § 319.37–13 Treatment and costs and 13, 1995; 61 FR 51210, Oct. 1, 1996] charges for inspection and treat- ment. § 319.37–14 Ports of entry. (a) The services of a Plant Protection (a) Any restricted article required to and Quarantine inspector during regu- be imported under a written permit larly assigned hours of duty and at the pursuant to § 319.37–3(a) (1) through (6) usual places of duty shall be furnished of this subpart, shall be imported or of- without cost to the importer. 11 No fered for importation only at a port of charge will be made to the importer for Government owned or controlled spe- entry designated by an asterisk in cial inspection facilities and equipment paragraph (b) of this section; any other used in treatment, but the inspector restricted article shall be imported or may require the importer to furnish offered for importation at any port of any special labor, chemicals, packing entry listed in paragraph (b) of this materials, or other supplies required in section. handling an importation under the reg- (b) Any restricted article from Can- ulations in this subpart. The Plant ada not required to be imported under Protection and Quarantine Programs a written permit pursuant to § 319.37– will not be responsible for any costs or 3(a) (1) through (6) of this subpart may charges, other than those indicated in be imported at any port of entry listed this section. in this paragraph, or at any Customs (b) Any treatment performed in the designated port of entry on the United United States on a restricted article States-Canada border (Customs des- shall be performed by an inspector or ignated ports of entry are listed in 19 under an inspector’s supervision at a CFR part 101). government-operated special inspec- LIST OF PORTS OF ENTRY 11 Provisions relating to costs for other Ports with special inspection and treat- services of an inspector are contained in part ment facilities (plant inspection stations) 354. are indicated by an asterisk (*).
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ALABAMA Travis AFB
Mobile P.O. Box 1448, Travis Air Force Base, Fair- field, CA 94535. Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413, Mobile, AL 36601. COLORADO
ALASKA Denver Anchorage Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033. Annex P.O. Box 6191, International Airport, Anchorage, AK 99502. CONNECTICUT
ARIZONA Wallingford *Nogales Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492. Federal Inspection Station, Nogales, AZ 85621. DELAWARE
Phoenix Dover AFB Sky Harbor Airport, 3300 Sky Harbor Boule- Building 500 (USDA), Dover Air Force Base, vard, Phoenix, AZ 85034. DE 19901.
San Luis Wilmington U.S. Border Station, P.O. Box 37, San Luis, Federal Building, room 1218A, 844 King AZ 85349. Street, Box 03, Wilmington, DE 19801.
Tucson DISTRICT OF COLUMBIA Tucson International Airport, Tucson, AZ Dulles International Airport 85706. (See Virginia) CALIFORNIA FLORIDA Calexico Cape Canaveral Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, Calexico, CA 120 George King Boulevard, P.O. Box 158, 92231. Cape Canaveral, FL 32920.
*Los Angeles Jacksonville 9650 LaCienega Boulevard, Building D North, Federal Building, room 521, 400 West Bay Inglewood, CA 90301. Street, P.O. Box 35003, Jacksonville, FL 32202. (Airport) World Way Center Post Office, International Key West Arrivals Area, Satellite 2, P.O. Box 90429, Federal Building, room 226, 301 Simonton Los Angeles International Airport, Los An- Street, P.O. Box 1486, Key West, FL 33040. geles, CA 90009. *Miami *San Diego Miami Inspection Station, 3500 NW. 62nd Av- U.S. Border Station, P.O. Box 43L, San enue, P.O. Box 59–2136, Miami, FL 33159. Ysidro, CA 92073. FAA & NWS Building, Box 59–2647 AMF, Miami, FL 33159. *San Francisco Amman Building, room 305, 611 Eisenhower Plant Inspection Station, San Francisco Boulevard, P.O. Box 13033, Fort Lauder- International Airport, San Francisco, CA dale, FL 33316. (NOTE: Restricted articles 94128. required to be imported under a written San Francisco International Airport, P.O. permit pursuant to § 319.37–3(a)(1) through Box 8026, Airport Station, San Francisco, (6) of this subpart must be moved by CA 94128. ground transportation and under U.S. Cus- 101 Agriculture Building, Embarcadero at toms bond to the Miami Inspection Sta- Mission Street, P.O. Box 7673, San Fran- tion.) cisco, CA 94120. *Orlando *San Pedro Orlando Plant Inspection Station, 9317 (See Los Angeles) Tradeport Drive, Orlando, FL 32827.
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Pensacola LOUISIANA
Federal Building, room 105, 100 North Baton Rouge Palafax Street, P.O. Box 12561, Pensacola, FL 32573. 750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton Rouge, LA Tampa 70821.
700 Twiggs Street, room 504, P.O. Box 266, *New Orleans Tampa, FL 33601. New Orleans International Airport, P.O. Box West Palm Beach 20037, Airport Mailing Facility, New Orle- ans, LA 70140. 158 Port Road, P.O. Box 10611, Riviera Beach, F. Edward He˘≤bert Building, P.O. Box 2220, FL 33404. New Orleans, LA 70176.
(Airport) MAINE Palm Beach International Airport, Port of Entry Building, West Palm Beach, FL Bangor (Airport) 33406. International Arrivals Building, Bangor International Airport, Bangor, ME 04401. GEORGIA Portland Atlanta U.S. Courthouse, 156 Federal Street, room Hapeville Branch Post Office, Basement, 650 309, Portland, ME 04101. Central Avenue, P.O. Box 82369, Hapeville, GA 30354. MARYLAND
Savannah Baltimore U.S. Court House & Federal Building, room Appraisers Stores Building, room 506, 103 B–9, 125–126 Bull Street, P.O. Box 9268, Sa- South Gay Street, Baltimore, MD 21202. vannah, GA 31402. (Airport) GUAM Foreign Arrivals Building, Baltimore Wash- Agana ington International Airport, Baltimore, MD 21240. P.O. Box 2950, Agana, GU 96910. Beltsville HAWAII Plant Germplasm Quarantine Center (for Hilo USDA shipments only), Building 320, Belts- ville, Agricultural Research Center East, General Lyman Field, Hilo, HI 96720. Beltsville, MD 20705.
*Honolulu (Airport) MASSACHUSETTS Honolulu International Airport, Inter- Boston national Arrivals Building, Ewa end, Ground Level, P.O. Box 29757, Honolulu, HI Room 4, U.S. Custom House, Boston, MA 96820. 02109.
Wailuku, Maui (Airport) Federal Post Office Building, room 211, Logan International Airport, East Boston, Wailuku, HI 96793. MA 02128.
ILLINOIS MICHIGAN
Chicago Detroit U.S. Custom House, room 800, 610 South International Terminal, room 228, Metropoli- Canal Street, Chicago, IL 60607. tan Airport, Detroit, MI 48242.
(Airport) MINNESOTA O’Hare International Arrivals Building, P.O. Duluth Box 66192, Chicago, IL 60666. Board of Trade Building, room 420, 301 West First Street, Duluth, MN 55802.
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St. Paul OREGON
Minneapolis-St. Paul International Airport, Astoria International Charter Terminal, P.O. Box 1690, St. Paul, MN 55111. Port Docks, P.O. Box 354, Astoria, OR 97103.
MISSOURI Coos Bay
Kansas City (Airport) U.S. Postal Services Building, 235 West An- derson Street, P.O. Box 454, Coos Bay, OR Kansas City International Airport, P.O. Box 97420. 20085, Kansas City, MO 64195. Portland St. Louis International Airport Federal Building, room 657, 511 NW. Broad- P.O. Box 858, St. Charles, MO 63301. way, Portland, OR 97209.
NEW JERSEY PENNSYLVANIA
*Hoboken Philadelphia 209 River Street, Hoboken, NJ 07030. Custom House, room 1004, 2nd and Chestnut McGuire AFB Streets, Philadelphia, PA 19106. Building 1706, Passenger Terminal, Customs PUERTO RICO Area, P.O. Box 16073, McGuire Air Force Base, NJ 08641. Mayaguez P.O. Box 3269, Marina Station, Mayaguez, PR NEW YORK 00708. Albany Ponce 80 Wolf Road, Suite 503, Albany, NY 12205. P.O. Box 68, Ponce Playa Station, Ponce, PR Buffalo 00731. Federal Building, room 1113, 111 West Huron Hato Rey Street, Buffalo, NY 14202. Federal Office Building & U.S. Court House, New York room 206, Hato Rey, PR 00918. 26 Federal Plaza, room 1747, New York, NY Roosevelt Roads 10007. Roosevelt Roads Naval Station, P.O. Box *Jamaica 3008, Air Operations, FPO Miami, FL 34051. John F. Kennedy International Airport, *San Juan Plant Inspection Station, Cargo Building 80, Jamaica, NY 11430. Isla Verde International Airport, Foreign Ar- rivals Wing, San Juan, PR 00904. International Arrivals Building, room 2315, John F. Kennedy International Airport. RHODE ISLAND
Rouses Point Warwick St. John’s Highway Border Station, room 48 Quaker Lane, West Warwick, RI 02893. 118, Route 9B, P.O. Box 278, Rouses Point, NY 12979. SOUTH CAROLINA
NORTH CAROLINA Charleston
Morehead City Room 513 Federal Building, P.O. Box 941, Charleston, SC 29402. Room 216, 113 Arendell, P.O. Box 272, More- head City, NC 28557. TENNESSEE
Wilmington Memphis Rural Route 6, Box 53D, Wilmington, NC Room 801 Mid Memphis Tower, 1407 Union 28405. Avenue, Memphis, TN 38104.
OHIO TEXAS
Cleveland *Brownsville Federal Building, room 1749, 1240 East 9th Border Services Building, room 224 (Gateway Street, Cleveland, OH 44199. Bridge), East Elizabeth and International
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Boulevard, P.O. Box 306, Brownsville, TX San Antonio 78520. International Satellite, room 15–S, 9700 Air- Corpus Christi port Boulevard, San Antonio, TX 78216.
807 Petroleum Tower, 811 Carancahua Street, VIRGIN ISLANDS OF THE UNITED STATES P.O. Box 245, Corpus Christi, TX 78403. St. Thomas Dallas-Fort Worth (Airport) Room 227, Federal Building, P.O. Box 8119, Dallas-Fort Worth Airport, P.O. Box 61063, St. Thomas, Virgin Islands of the U.S. Dallas-Ft. Worth Airport, TX 75261. 00801.
Del Rio (Airport) U.S. Border Inspection Station, room 135, Harry S. Truman Airport, Main Terminal International Bridge, P.O. Box 1227, Del Building, St. Thomas, Virgin Islands of the Rio, TX 78840. U.S. 00801.
Eagle Pass St. Croix U.S. Border Station, 160 Garrison Street, Drawer 1548, Kingshill, St. Croix, Virgin Is- P.O. Box P, Eagle Pass, TX 78852. lands of the U.S. 00850. *El Paso VIRGINIA Cordova Border Station, room 172–A, 3600 East Paisano, El Paso, TX 79905. Chantilly (Airport) Dulles International Airport, International Galveston Arrivals Area, P.O. Box 17134, Washington, Room 402, U.S. Post Office Building, 601 DC 20041. Rosenberg Street, P.O. Box 266, Galveston, TX 77553. Newport News
Hidalgo P.O. Box 942, Newport News, VA 23607. U.S. Border Station, Bridge Street, P.O. Norfolk Drawer R, Hidalgo, TX 78557. Federal Building, room 311, 200 Granby Mall, *Houston Norfolk, VA 23510.
(Airport) Houston Plant Inspection Station, WASHINGTON 3016 McKaughan, Houston, TX 77032. U.S. Appraisers Stores Building, room 210 Blaine 7300 Wingate Street, Houston, TX 77011. Custom House, room 216, P.O. Drawer C, Laredo Blaine, WA 98230. La Posada Motel, rooms L8–13, 1000 Zaragoza McChord AFB Street, P.O. Box 277, Laredo, TX 78040. Juarez-Lincoln International Bridge, 101 MAC Terminal, P.O. Box 4116, McChord Air Santa Ursela, Laredo, TX 78040. Force Base, Tacoma, WA 98438. U.S. International Bridge No. 1, 100 Convent *Seattle Avenue, Laredo, TX 78040. Federal Office Building, room 9014, 909 First Port Arthur Avenue, Seattle, WA 98174. Federal Building, room 201, Fifth Street & (Airport) Austin Avenue, P.O. Box 1227, Port Arthur, TX 77640. Seattle-Tacoma International Airport, Se- attle, WA 98158. Presidio U.S. Border Station, International Bridge, WISCONSIN P.O. Box 1001, Presidio, TX 79845. Milwaukee Progreso International Arrivals Terminal, General Custom House Building, Progreso Inter- Mitchell Field, 5300 South Howell Avenue, national Bridge, Progreso, TX 78579. Milwaukee, WI 53207. [45 FR 31585, May 13, 1980, as amended at 54 Roma FR 34133, Aug. 18, 1989; 57 FR 47978, Oct. 21, International Bridge, P.O. Box 185, Roma, 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, TX 78584. Oct. 1, 1996]
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