Animal and Plant Health Inspection Service, USDA § 301.93–3
Imbu (Spondias tuberosa) Surinam cherry (Eugenia uniflora) Jackfruit (Artocarpus heterophyllus) Tomato (Lycopersicon esculentum) Jerusalem cherry (Solanum pseudocapsicum) Tropical almond (Terminalia catappa) Kitembilla (Dovyalis hebecarpa) (Terminalia chebula) Kumquat (Fortunella japonica) Velvet apple (Diospyros discolor) Laurel (Calophyllum inophyllum) Walnut (Juglans hindsii) Lemon (Citrus limon) Walnut, English (Juglans regia) Lime, key or Mexican (Citrus aurantifolia) Wampi (Citrus lansium) Lime, Persian (Citrus latifolia) West Indian cherry (Malpighia punicifolia) Lime, sweet (Citrus limetioides) Ylang-Ylang (Cananga odorata) Longan (Euphoria longan) Any fruits, nuts, vegetables, or ber- Loquat (Eriobotrya japonica) Lychee nut (Lychee chinensis) ries that are canned or dried or frozen Malay apple (Eugenia malaccensis) below ¥17.8 °C. (0 °F.) are not regulated Mammee apple (Mammea americana) articles. Mandarin orange (Citrus reticulata) (b) Soil within the drip area of plants (tangerine) that are producing or have produced Mango (Mangifera indica) the fruits, nuts, vegetables, or berries Mangosteen (Garcinia mangostana) listed in paragraph (a) of this section. Mock orange (Murraya exotica) (c) Any other product, article, or Mulberry (Morus nigra) Myrtle, downy rose (Rhodomyrtus means of conveyance not covered by tomentosa) paragraph (a) or (b) of this section that Natal plum (Crissa grandiflora) an inspector determines presents a risk Nectarine (Prunus persica var. nectarina) of spread of the Oriental fruit fly and Oleander, yellow (Thevetia peruviana) notifies the person in possession of it Orange, calamondin (Citrus reticulata x. that the product, article, or means of fortunella) conveyance is subject to the restric- Orange, Chinese (Fortunella japonica) tions of this subpart. Orange, king (Citrus reticulata x. C. sinensis) Orange, sweet (Citrus sinensis) [58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, Orange, Unshu (Citrus reticulata var. Unshu) 1993] Oriental bush red pepper (Capsicum frutescens abbbreviatum) § 301.93–3 Quarantined areas. Otaheite apple (Spondias dulcis) Palm, syrup (Jubaea spectabilis) (a) Except as otherwise provided in Papaya (Carica papaya) paragraph (b) of this section, the Ad- Passionflower (Passiflora edulis) ministrator will list as a quarantined Passionflower, softleaf (Passiflora area in paragraph (c) of this section mollissima) each State, or each portion of a State, Passionfruit (Passiflora edulis) (yellow in which the Oriental fruit fly has been lilikoi) found by an inspector, in which the Ad- Peach (Prunus persica) ministrator has reason to believe that Pear (Pyrus communis) Pepino (Solanum muricatum) the Oriental fruit fly is present, or that Pepper, sweet (Capsicum frutescens var. the Administrator considers necessary grossum) to regulate because of its proximity to Persimmon, Japanese (Diospyros kaki) the Oriental fruit fly or its inseparabil- Pineapple guava (Feijoa sellowiana) ity for quarantine enforcement pur- Plum (Prunus americana) poses from localities in which the Ori- Pomegranate (Punica granatum) ental fruit fly has been found. Less Prickly pear (Opuntia megacantha) than an entire State will be designated (Opuntia ficus indica) Prune (Prunus domestica) as a quarantined area only if the Ad- Pummelo (Citrus grandis) ministrator determines that: Quince (Cydonia oblonga) (1) The State has adopted and is en- Rose apple (Eugenia jambos) forcing restrictions on the intrastate Sandalwood (Santalum paniculatum) movement of the regulated articles Sandalwood, white (Santalum album) that are substantially the same as Santol (Sandericum koetjape) those imposed by this subpart on the Sapodilla (Manilkara zapota) interstate movement of regulated arti- Sapodilla, chiku (Manilkara zapota) cles; and Sapota, white (Casimiroa edulis) Seagrape (Coccoloba uvifera) (2) The designation of less than the Sour orange (Citrus aurantium) entire State as a quarantined area will Soursop (Annona muricata) prevent the interstate spread of the Star apple (Chryosophyllum cainito) Oriental fruit fly.
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(b) The Administrator or an inspec- cloth) while moving through the quar- tor may temporarily designate any antined area; and nonquarantined area in a State as a (2) The point of origin of the regu- quarantined area in accordance with lated article is indicated on the way- the criteria specified in paragraph (a) bill, and the enclosed vehicle or the en- of this section for listing quarantined closure that contains the regulated ar- areas. The Administrator will give ticle is not opened, unpacked, or un- written notice of this temporary des- loaded in the quarantined area. ignation to the owner or person in pos- (c) Without a certificate or limited session of the nonquarantined area; permit, if the regulated article is thereafter, the interstate movement of moved: any regulated article from an area (1) By the United States Department temporarily designated as a quar- of Agriculture for experimental or sci- antined area is subject to this subpart. entific purposes; As soon as practicable, this area will be (2) Pursuant to a permit issued by added to the list in paragraph (c) of the Administrator for the regulated ar- this section or the designation will be ticle; terminated by the Administrator or an (3) Under conditions specified on the inspector. The owner or person in pos- permit and found by the Administrator session of an area for which designa- to be adequate to prevent the spread of tion is terminated will be given notice Oriental fruit fly; and of the termination as soon as prac- (4) With a tag or label bearing the ticable. number of the permit issued for the (c) The Oriental fruit fly is not regulated article attached to the out- known to exist anywhere in the con- side of the container of the regulated tinental United States. article or attached to the regulated ar- ticle itself if not in a container. [58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62 FR 45142, Aug. 26, (Approved by the Office of Management and 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Budget under control number 0579–0088) Oct. 14, 1997; 63 FR 16878, Apr. 7, 1998] § 301.93–5 Issuance and cancellation of § 301.93–4 Conditions governing the certificates and limited permits. interstate movement of regulated (a) An inspector 3 will issue a certifi- articles from quarantined areas. cate for the interstate movement of a Any regulated article may be moved regulated article if the inspector deter- interstate from a quarantined area mines that: only if moved under the following con- (1) (i) The regulated article has been ditions: 2 treated in accordance with § 301.93–10 of (a) With a certificate or limited per- this subpart; or mit issued and attached in accordance (ii) Based on inspection of the prem- with §§ 301.93–5 and 301.93–8 of this sub- ises of origin, or treatment of the part; premises of origin in accordance with (b) Without a certificate or limited § 301.93–10(c) of this subpart, the prem- permit, if: ises are free from Oriental fruit flies (1) The regulated article originated and the regulated article has not been outside of any quarantined area and is exposed to Oriental fruit fly; or moved directly through (without stop- (iii) Based on inspection of the regu- ping except for refueling, or for traffic lated article, it is free of Oriental fruit conditions, such as traffic lights or fly; and stop signs) the quarantined area in an enclosed vehicle or is completely en- 3 Inspectors are assigned to local offices of closed by a covering adequate to pre- the Animal and Plant Health Inspection vent access by Oriental fruit flies (such Service, which are listed in telephone direc- as canvas, plastic, or closely woven tories. Information concerning these offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Pro- 2 Requirements under all other applicable tection and Quarantine, Domestic and Emer- Federal domestic plant quarantines and reg- gency Operations, 4700 River Road Unit 134, ulations must also be met. Riverdale, Maryland 20737–1236.
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