Animal and Plant Health Inspection Service, USDA Pt. 319
usual places of duty, shall be borne by Subpart—Citrus Canker and Other Citrus the owner. Diseases
PART 319—FOREIGN QUARANTINE 319.19 Notice of quarantine. NOTICES Subpart—Corn Diseases
Subpart—Foreign Cotton and Covers QUARANTINE 319.24 Notice of quarantine. QUARANTINE 319.24a Administrative instructions relating Sec. to entry of corn into Guam. 319.8 Notice of quarantine. 319.8a Administrative instructions relating REGULATIONS GOVERNING ENTRY OF INDIAN to the entry of cotton and covers into CORN OR MAIZE Guam. 319.24–1 Applications for permits for impor- tation of corn. REGULATIONS; GENERAL 319.24–2 Issuance of permits. 319.8–1 Definitions. 319.24–3 Marking as condition of entry. 319.24–4 Notice of arrival of corn by per- CONDITIONS OF IMPORTATION AND ENTRY OF mittee. COTTON AND COVERS 319.24–5 Condition of entry. 319.8–2 Permit procedure. 319.8–3 Refusal and cancellation of permits. Subpart—Citrus Fruit 319.8–4 Notice of arrival. 319.8–5 Marking of containers. 319.28 Notice of quarantine. 319.8–6 Cottonseed cake and cottonseed meal. Subpart—Nursery Stock, Plants, Roots, 319.8–7 Processed lint, linters, and waste. Bulbs, Seeds, and Other Plant Products 319.8–8 Lint, linters, and waste. 319.8–9 Hull fiber and gin trash. 319.37 Prohibitions and restrictions on im- 319.8–10 Covers. portation; disposal of articles refused im- portation. SPECIAL CONDITIONS FOR THE ENTRY OF 319.37–1 Definitions. COTTON AND COVERS FROM MEXICO 319.37–2 Prohibited articles. 319.8–11 From approved areas of Mexico. 319.37–3 Permits. 319.8–12 From the West Coast of Mexico. 319.37–4 Inspection, treatment, and 319.8–13 From Northwest Mexico. phytosanitary certificates of inspection. 319.8–14 Mexican cotton and covers not oth- 319.37–5 Special foreign inspection and cer- erwise enterable. tification requirements. 319.37–6 Specific treatment and other re- MISCELLANEOUS PROVISIONS quirements. 319.37–7 Postentry quarantine. 319.8–16 Importation into United States of 319.37–8 Growing media. cotton and covers exported therefrom. 319.8–17 Importation for exportation, and 319.37–9 Approved packing material. importation for transportation and ex- 319.37–10 Marking and identity. portation; storage. 319.37–11 Arrival notification. 319.8–18 Samples. 319.37–12 Prohibited articles accompanying 319.8–19 Cottonseed or seed cotton for exper- restricted articles. imental or scientific purposes. 319.37–13 Treatment and costs and charges 319.8–20 Importations by the Department of for inspection and treatment. Agriculture. 319.37–14 Ports of entry. 319.8–21 Release of cotton and covers after 18 months’ storage. Subpart—Logs, Lumber, and Other 319.8–22 Ports of entry or export. Unmanufactured Wood Articles 319.8–23 Treatment. 319.8–24 Collection and disposal of waste. 319.40–1 Definitions. 319.8–25 Costs and charges. 319.40–2 General prohibitions and restric- 319.8–26 Material refused entry. tions; relation to other regulations. 319.40–3 General permits; articles that may Subpart—Sugarcane be imported without a specific permit; articles that may be imported without 319.15 Notice of quarantine. either a specific permit or an importer 319.15a Administrative instructions and in- document. terpretation relating to entry into Guam 319.40–4 Application for a permit to import of bagasse and related sugarcane prod- regulated articles; issuance and with- ucts. drawal of permits.
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319.40–5 Importation and entry require- 319.56–2 Restrictions on entry of fruits and ments for specified articles. vegetables. 319.40–6 Universal importation options. 319.56–2a Permits required for entry of 319.40–7 Treatments and safeguards. chestnuts and acorns and certain coco- 319.40–8 Processing at facilities operating nuts. under compliance agreements. 319.56–2b Administrative instructions; 319.40–9 Inspection and other requirements conditions governing the entry of acorns at port of first arrival. and chestnuts. 319.40–10 Costs and charges. 319.56–2c Administrative instructions au- 319.40–11 Plant pest risk assessment stand- thorizing the importation of frozen fruits ards. and vegetables. 319.56–2d Administrative instructions for Subpart—Indian Corn or Maize, cold treatments of certain imported fruits. Broomcorn, and Related Plants 319.56–2e Administrative instructions; QUARANTINE conditions governing the entry of cipollini from Morocco. 319.41 Notice of quarantine. 319.56–2f Administrative instructions gov- 319.41a Administrative instructions relating erning importation of grapefruit, lemons, to entry into Guam of broomcorn, and oranges from Argentina. brooms, and similar articles. 319.56–2g Administrative instructions pre- 319.41b Administrative instructions pre- scribing method of treatment of garlic scribing conditions for entry of from specified countries. broomstraw without treatment. 319.56–2h Regulations governing the entry of grapes from Australia. RULES AND REGULATIONS 319.56–2i Administrative instructions pre- 319.41–1 Plant products permitted entry. scribing treatments for mangoes from 319.41–2 Application for permits. Central America, South America, and 319.41–3 Issuance of permits. the West Indies. 319.41–4 Notice of arrival by permittee. 319.56–2j Conditions governing the entry 319.41–5 Condition of entry. of apples and pears from Australia (in- cluding Tasmania) and New Zealand. 319.41–5a Administrative instructions; 319.56–2k Administrative instructions pre- method used for the disinfection of im- scribing method of fumigation of field- ported broomcorn and broomcorn grown grapes from specified countries. brooms. 319.56–2l Administrative instructions pre- 319.41–6 Importations by mail. scribing method of treatment of im- ported yams. Subpart—Rice 319.56–2m Administrative instructions QUARANTINE prescribing method of fumigation of apri- cots, grapes, nectarines, peaches, 319.55 Notice of quarantine. plumcot, and plums from Chile. 319.55a Administrative instructions relating 319.56–2n Administrative instructions pre- to entry of rice straw and rice hulls into scribing a combination treatment of fu- Guam. migation plus refrigeration for certain fruits. RULES AND REGULATIONS 319.56–2o Administrative instructions pre- 319.55–1 Definitions. scribing method of treatment of avoca- 319.55–2 Application for permit. dos for the Mediterranean fruit fly, the 319.55–3 Ports of entry. melon fly, and the oriental fruit fly. 319.55–4 Issuance of permits. 319.56–2p Administrative instructions pre- 319.55–5 Notice of arrival by permittee. scribing treatment and relieving restric- 319.55–6 Inspection and disinfection at port tions regarding importation of okra from of arrival. Mexico, the West Indies, and certain 319.55–7 Importations by mail. countries in South America. 319.56–2q Administrative instructions: Subpart—Fruits and Vegetables Conditions governing the entry of citrus from South Africa. QUARANTINE 319.56–2r Administrative instructions gov- erning the entry of apples and pears from 319.56 Notice of quarantine. certain countries in Europe. 319.56a Administrative instructions and in- 319.56–2s Administrative instructions gov- terpretation relating to entry into Guam erning the entry of apricots, nectarines, of fruits and vegetables under § 319.56. peaches, plumcot, and plums from Chile. 319.56–2t Administrative instructions: RULES AND REGULATIONS Conditions governing the entry of cer- 319.56–1 Definitions. tain fruits and vegetables.
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319.56–2u Conditions governing the entry 319.69a Administrative instructions and in- of lettuce and peppers from Israel. terpretation relating to the entry into 319.56–2v Conditions governing the entry Guam of plant materials specified in of citrus from Australia. § 319.69. 319.56–2w Administrative instruction; condi- tions governing the entry of papayas RULES AND REGULATIONS from Central America and Brazil. 319.69–1 Definitions. 319.56–2x Administrative instructions; 319.69–2 Freedom from pests. conditions governing the entry of certain 319.69–3 Entry inspection. fruits and vegetables for which treat- 319.69–4 Disposition of materials found in ment is required. violation. 319.56–2y Administrative instructions; 319.69–5 Types of soil authorized for pack- conditions governing the entry of canta- ing. loupe and watermelon from Ecuador. 319.56–2z Administrative instructions gov- Subpart—Coffee erning the entry of cherimoyas from Chile. 319.73–1 Definitions. 319.56–2aa Administrative instructions gov- 319.73–2 Products prohibited importation. erning the entry of cantaloupe, hon- 319.73–3 Conditions for transit movement of eydew melons, and watermelon from certain products through Puerto Rico or Brazil and Venezuela. Hawaii. 319.56–2bb Administrative instructions 319.73–4 Costs. governing movement of Hass avocados from Mexico to Alaska. Subpart—Cut Flowers 319.56–2cc Administrative instructions governing the entry of Fuji variety ap- 319.74–1 Definitions. ples from Japan and the Republic of 319.74–2 Conditions governing the entry of Korea. cut flowers. 319.56–2dd Administrative instructions: 319.74–3 Importations by the Department. Conditions governing the entry of toma- 319.74–4 Costs and charges. toes. 319.56–2ee Administrative instructions: Subpart—Khapra Beetle Conditions governing the entry of Ya va- 319.75 Restrictions on importation of re- riety pears from China. stricted articles; disposal of articles re- 319.56–2ff Administrative instructions gov- fused importation. erning movement of Hass avocados from 319.75–1 Definitions. Michoacan, Mexico, to approved States. 319.75–2 Restricted articles. 319.56–2gg Administrative instructions; con- 319.75–3 Permits. ditions governing the entry of peppers 319.75–4 Treatments. from Spain. 319.75–5 Marking and identity. 319.56–2hh Conditions governing the entry 319.75–6 Arrival notification. of peppers from New Zealand. 319.75–7 Costs and charges. 319.56–2ii Administrative instructions: con- 319.75–8 Ports of entry. ditions governing the entry of mangoes 319.75–9 Inspection and phytosanitary cer- from the Philippines. tificate of inspection. 319.56–3 Applications for permits for impor- tation of fruits and vegetables. Subpart—Exotic Bee Diseases and 319.56–4 Issuance of permits. Parasites 319.56–5 Notice of arrival by permittee. 319.56–6 Inspection and other requirements 319.76 Restrictions on importation of re- at the port of first arrival. stricted articles; disposal of articles re- 319.56–7 Inspection of baggage and cargo on fused importation. the dock. 319.76–1 Definitions. 319.56–8 Territorial applicability. 319.76–2 Restricted articles. 319.76–3 Permits. Subpart—Wheat Diseases 319.76–4 Inspections and treatments. 319.76–5 Marking and shipping. 319.59 Prohibitions on importation; disposal 319.76–6 Arrival notification. of articles refused importation. 319.76–7 Costs and charges. 319.59–1 Definitions. 319.76–8 Ports of entry. 319.59–2 Prohibited articles. Subpart—Gypsy Moth Host Material from Subpart—Packing Materials Canada QUARANTINE 319.77–1 Definitions. 319.69 Notice of quarantine. 319.77–2 Regulated articles.
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319.77–3 Gypsy moth infested areas in Can- the importation into the United States ada. of the plants and products, including 319.77–4 Conditions for the importation of fabrics, specified above, except as per- regulated articles. mitted in the regulations supplemental 319.77–5 Disposition of regulated articles de- nied entry. hereto. Hereafter the plants and prod- ucts specified above shall not be im- AUTHORITY: 7 U.S.C. 166, 450, 7711–7714, 7718, ported or offered for entry into the 7731, 7732, and 7751–7754; 21 U.S.C. 136 and United States from any foreign coun- 136a; 7 CFR 2.22, 2.80, and 371.3. try or locality except as permitted by SOURCE: 24 FR 10788, Dec. 29, 1959, unless said regulations, and the plants and otherwise noted. products permitted by the regulations to be imported or offered for entry Subpart—Foreign Cotton and shall be subject to sections 411–414 and Covers 434 of the Plant Protection Act (7 U.S.C. 7711–7714 and 7754). Provided, QUARANTINE That whenever the Deputy Adminis- trator of the Plant Protection and § 319.8 Notice of quarantine. Quarantine Programs shall find the ex- (a) Pursuant to sections 411–414 and isting conditions as to pest risk in- 434 of the Plant Protection Act (7 volved in the importation of the arti- U.S.C. 7711–7714 and 7754), and after the cles to which the regulations supple- public hearing required thereunder, the mental hereto apply, make it safe to Administrator of the Animal and Plant modify, by making less stringent the Health Inspection Service hereby de- restrictions contained in any of such termines that the unrestricted impor- regulations, he shall publish such find- tation into the United States from all ings in the administrative instructions, foreign countries and localities of (1) specifying the manner in which the re- any parts or products of plants of the strictions shall be made less stringent, genus Gossypium, including seed cot- whereupon such modification shall be- ton; cottonseed; cotton lint, linters, come effective; or he may, upon re- and other forms of cotton fiber (not in- quest in specific cases, when the public cluding yarn, thread, and cloth); cot- interests will permit, authorize such tonseed hulls, cake, meal, and other importation under conditions specified cottonseed products, except oil; cotton in the permit to carry out the purposes waste, including gin waste and thread of this part that are less stringent than waste; and any other unmanufactured those contained in the regulations. parts of cotton plants; and (2) second- (b) As used in this section the term hand burlap and other fabrics, shredded ‘‘United States’’ shall have the mean- or otherwise, which have been used or ing ascribed to it in the regulations are of the kinds ordinarily used, for supplemental hereto. containing cotton, grains (including [24 FR 10788, Dec. 29, 1959, as amended at 36 grain products), field seeds, agricul- FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, tural roots, rhizomes, tubers, or other 1972; 66 FR 21054, Apr. 27, 2001] underground crops, may result in the entry into the United States of the § 319.8a Administrative instructions pink bollworm (Pectinophora relating to the entry of cotton and gossypiella (Saund.)), the golden nema- covers into Guam. tode of potatoes Heterodera The plants and products specified in rostochiensis Wr.), the flag smut dis- § 319.8(a) may be imported into Guam ease (Urocystis tritici Koern.), and without further permit, other than the other injurious plant diseases and in- authorization contained in this para- sect pests, and said Administrator graph. Sections 319.8–2 and 319.8–3 shall hereby further determines, that, in not be applicable to such importations. order to prevent the introduction into In addition, such importations need the United States of said plant diseases not comply with the requirements of and insect pests, which are new to or § 319.8–4 relating to notice of arrival in- not heretofore widely prevalent or dis- asmuch as there is available to the in- tributed within and throughout the spector the essential information nor- United States, it is necessary to forbid mally supplied by the importer at the
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time of importation. Sections 319.8–5 may carry the pink bollworm, the gold- through 319.8–27 shall not be applicable en nematode of potatoes, the flag smut to importations into Guam. Inspection disease, or other injurious plant dis- of such importations may be made eases or insect pests. (The verb con- under the general authority of taminate shall be construed accord- § 330.105(a) of this chapter. If an impor- ingly.) tation is found infected, infested, or Cotton. Parts and products of plants contaminated with any plant pest and of the genus Gossypium, including seed is not subject to disposal under this cotton; cottonseed; cotton lint, linters part, disposition may be made in ac- and other forms of cotton fiber, not in- cordance with § 330.106 of this chapter. cluding yarn, thread and cloth; cotton- seed hulls, cake, meal, and other cot- REGULATIONS; GENERAL tonseed products, except oil; waste; and all other unmanufactured parts of cot- § 319.8–1 Definitions. ton plants. For the purposes of the regulations Cottonseed. Cottonseed from which in this subpart, the following words the lint has been removed. shall be construed, respectively, to Covers. Second-hand burlap and other mean: fabrics, shredded or otherwise, includ- Approved. Approved by the Deputy ing any whole bag, any bag that has Administrator of the Plant Protection been slit open, and any part of a bag, and Quarantine Programs. which have been used, or are of the Approved areas of Mexico. Any areas kinds ordinarily used, for containing of Mexico, other than those described cotton, grains (including grain prod- in paragraphs (q) and (r) of this sec- ucts), field seeds, agricultural roots, tion, which are designated by the Dep- rhizomes, tubers, or other underground uty Administrator as areas in which crops. Burlap and other fabrics, when cotton and cotton products are pro- new or unused are excluded from this duced and handled under conditions definition. comparable to those under which like Deputy Administrator, Plant Protection cotton and cotton products are pro- and Quarantine Programs. The Deputy duced and handled in the generally in- Administrator of the Plant Protection fested pink bollworm regulated area in and Quarantine Programs, or any offi- the United States. cer or employee of the Plant Protec- Approved fumigation facilities. Ap- tion and Quarantine Programs to proved vacuum fumigation plant at a whom authority has heretofore been port where an inspector is available to delegated or may hereafter be dele- supervise the fumigation. gated to act in his stead. Approved mill or plant. A mill or plant Gin trash. All of the material pro- operating under a signed agreement duced during the cleaning and ginning with the Plant Protection and Quar- of seed cotton, bollies or snapped cot- antine Programs required for approval ton except the lint, cottonseed, and gin of a mill or plant as specified in § 319.8– waste. 8(a)(2). Inspector. A properly identified em- Authorized. Authorized by the Deputy ployee of the U.S. Department of Agri- Administrator of the Plant Protection culture or other person authorized to and Quarantine Programs. enforce the provisions of the Plant Pro- Compressed. Compressed or pressed tection Act. and baled or packaged to a density Lint. All forms of raw ginned cotton, greater than approximately 20 pounds either baled or unbaled, except linters and less than approximately 28 pounds and waste. per cubic foot. Linters. All forms of cotton fiber sep- Compressed to high density. Com- arated from cottonseed after the lint pressed or pressed and baled or pack- has been removed, excluding so-called aged to a density of approximately 28 hull fiber. or more pounds per cubic foot. North, northern. When used to des- Contamination (contaminate). Con- ignate ports of arrival, these terms taining or bearing whole cottonseed or mean the port of Norfolk, Virginia, and seed cotton or other material which all Atlantic Coast ports north thereof,
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ports along the Canadian border, and pests or plant diseases, such as fumiga- Pacific Coast ports in the States of tion, application of chemicals or dry or Washington and Oregon. When used in moist heat, or processing, utilization, a geographic sense to designate areas or storage. or locations, these terms mean any Uncompressed. Baled or packaged to a State in which cotton is not grown density not exceeding approximately 20 commercially. However when cotton is pounds per cubic foot. grown commercially in certain por- United States. Any of the States, the tions of a State, as is the case in Illi- District of Columbia, Guam, Puerto nois, Kansas, and Missouri, these terms Rico, or the Virgin Islands of the include those portions of such State as United States. may be determined by the Deputy Ad- Utilization. Processing or manufac- ministrator of the Plant Protection and Quarantine Programs as remote ture, in lieu of fumigation at time of from the main area of cotton produc- entry, at a mill or plant specifically tion. approved by the Deputy Administrator Northwest Mexico. All of the State of of the Plant Protection and Quarantine Baja California, Mexico, and that part Programs. 1 of the State of Sonora, Mexico, lying Waste. All forms of cotton waste de- between San Luis Mesa and the Colo- rived from the manufacture of cotton rado River. lint, in any form or under any trade Permit. A form of authorization to designation, including gin waste and allow the importation of cotton or cov- thread waste; and waste products de- ers in accordance with the regulations rived from the milling of cottonseed. in this subpart. Gin trash is not within the definition Person. Any individual, firm, corpora- of waste. tion, company, society, or association, West Coast of Mexico. The State of or any organized group of any of the Sinaloa, the State of Sonora (except foregoing. that part of the Imperial Valley lying Pink bollworm regulated area; generally between San Luis Mesa and the Colo- infested pink bollworm regulated area. rado River), and the Southern Terri- The pink bollworm regulated area con- tory of Baja California, in Mexico. sists of those States or parts thereof designated as regulated area in Admin- [24 FR 10788, Dec. 29, 1959, as amended at 27 istrative Instructions issued under FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, § 301.52–2 of this chapter. The generally 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, infested pink bollworm regulated area Apr. 27, 2001] is that part of the regulated area des- CONDITIONS OF IMPORTATION AND ENTRY ignated as generally infested in the OF COTTON AND COVERS said Administrative Instructions. Plant Protection and Quarantine Pro- § 319.8–2 Permit procedure. grams. The Plant Protection and Quar- antine Programs, Animal and Plant (a) Except as otherwise provided for Health Inspection Service, of the in §§ 319.8–10 and 319.8–18, permits shall United States Department of Agri- be obtained for importations into the culture. United States of all cotton and covers. Root crop. The underground crop por- Permits will be issued only for cotton tions of any plants. and covers authorized entry under Samples. Samples of lint, linters, §§ 319.8–6 through 319.8–20. Persons de- waste, cottonseed cake, and cottonseed siring to import cotton or covers under meal, of the amount and character usu- §§ 319.8–6 through 319.8–20 shall, in ad- ally required for trade purposes. vance of departure of such material Seed cotton. Cotton as it comes from from a foreign port, submit to the the field. Treatment. Procedures administra- 1 A list of approved mills and plants may be tively approved by the Deputy Admin- obtained from the Plant Protection and istrator of the Plant Protection and Quarantine Programs, Room 710, U.S. Ap- Quarantine Programs for destroying praisers Stores, 408 Atlantic Ave., Boston, infestations or infections of insect Mass. 02210.
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Plant Protection and Quarantine Pro- the port of entry of any imported lint, grams an application 2 stating the linters, waste, or covers for forwarding name and address of the importer, the to and utilization at such mill or plant country from which such material is to in lieu of vacuum fumigation or other be imported, and the kind of cotton or treatment otherwise required by this covers it is desired to import. Applica- subpart. Permits for the importation of tions to import cottonseed shall state such materials will be issued in accord- the approximate quantity and the pro- ance with paragraph (a) of this section. posed United States port of entry. Ap- (f) Permits for importation of any plications to import lint, linters, or cotton or covers are conditioned upon waste shall state whether such mate- compliance with all requirements set rials are compressed. forth therein and such additional re- (b) Applications to import lint, lint- quirements in this subpart as are in ers, or waste at a port 3 other than one terms applicable thereto. Failure to in the North, in California, or on the comply with any such requirement will Mexican Border shall also specify be deemed to invalidate the permit. whether the commodity is compressed Permits may also be cancelled or may to high density. be refused as provided in § 319.8–3, or (c) Applications for permits may be entry denied as provided in §§ 319.8–11, made orally or on forms provided for 319.8–12, and § 319.8–13. the purpose by the Plant Protection (g) If through no fault of the im- and Quarantine Programs, or may be porter a shipment of cotton or covers made by a letter or telegram con- arrives at a United States port in ad- taining all the information required by vance of the issuance of a permit, it this section. may be held, under suitable safeguards (d) Upon receipt and approval of such prescribed by the inspector at the port, application by the Plant Protection in Customs custody at the risk of the and Quarantine Programs, an indi- importer, pending issuance of a permit, vidual or continuing permit will be for a period not exceeding 20 days. issued authorizing the importation and (h) Pending development of adequate specifying the port of entry and the treating facilities in Guam, any cotton conditions of entry. A copy of the per- or covers that are subject to treatment mit will be supplied to the importer. (e) Upon receipt of an application to as a condition of entry therein must import lint, linters, waste, or covers, first be entered and treated in accord- without treatment, for utilization ance with the requirements of this sub- under agreement as defined in § 319.8– part at a U.S. port of arrival where 8(a)(2), an investigation will be made such treating facilities are available. by an inspector to determine that the (Approved by the Office of Management and receiving mill or plant is satisfactorily Budget under control number 0579–0049) located geographically, is equipped [24 FR 10788, Dec. 29, 1959, as amended at 48 with all necessary safeguards, and is FR 57466, Dec. 30, 1983] apparently in a position to fulfill all precautionary conditions to which it § 319.8–3 Refusal and cancellation of may agree. Upon determination by the permits. inspector that these qualifications are (a) Permits for entry from the West fulfilled, the owner or operator of the Coast of Mexico, as authorized in mill or plant may sign an agreement § 319.8–12 of lint, linters, waste, cotton- specifying that the required pre- seed, and cottonseed hulls may be re- cautionary conditions will be main- fused and existing permits cancelled by tained. Such signed agreement will be the Deputy Administrator if he has de- a necessary requisite to the release at termined that the pink bollworm is present in the West Coast of Mexico or 2 Applications for permits should be made in Northwest Mexico, or that other to Plant Importations Branch, Plant Protec- conditions exist therein that would in- tion and Quarantine Programs, 209 River Street, Hoboken, N.J. 07030. crease the hazard of pest introduction 3 Including ports in Guam, Hawaii, Puerto into the United States. Rico, and the Virgin Islands of the United (b) Permits for entry from Northwest States. Mexico as authorized in § 319.8–13 of
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lint, linters, waste, cottonseed, cotton- from contamination. If found to be free seed hulls, and covers that have been of contamination, importations of such used for cotton, may be refused and ex- cottonseed cake and cottonseed meal isting permits cancelled by the Deputy will be released from further plant Administrator if he has determined quarantine entry restrictions. If found that the pink bollworm is present in to be contaminated such importations Northwest Mexico or in the West Coast will be refused entry or subjected as a of Mexico, or that other conditions condition of entry to such safeguards exist therein that would increase the as the inspector may prescribe, accord- hazard of pest introduction into the ing to a method selected by him from United States. administratively authorized procedures [27 FR 5389, June 7, 1962, as amended at 36 FR known to be effective under the condi- 24917, Dec. 24, 1971] tions under which the safeguards are applied. § 319.8–4 Notice of arrival. § 319.8–7 Processed lint, linters, and Immediately upon arrival at a port of waste. entry of any shipment of cotton or cov- ers the importer shall submit in dupli- Entry of lint, linters, and waste will cate, through the United States Col- be authorized without treatment but lector of Customs, or, in the case of upon compliance with other applicable Guam, through the Customs officer of requirements of this subpart when the the Government of Guam, and for the inspector can determine that such lint, Plant Protection and Quarantine Pro- linters, and waste have been so proc- grams, a notice of such arrival, on a essed by bleaching, dyeing, or other form provided for that purpose (Form means, as to have removed all cotton- PQ–368) and shall give such informa- seed or to have destroyed all insect tion as is called for by that form. life. (Approved by the Office of Management and § 319.8–8 Lint, linters, and waste. Budget under control number 0579–0049) (a) Compressed to high density. (1)(i) [24 FR 10788, Dec. 29, 1959, as amended at 48 Entry of lint, linters, and waste, com- FR 57466, Dec. 30, 1983] pressed to high density, will be author- § 319.8–5 Marking of containers. ized subject to vacuum fumigation by approved methods at any port where Every bale or other container of cot- approved fumigation facilities are ton lint, linters, waste, or covers im- available. ported or offered for entry shall be (ii) Importations of such lint, linters, plainly marked or tagged with a bale and waste, arriving at a northern port number or other mark to distinguish it where there are no approved fumiga- from other bales or containers of simi- tion facilities may be entered for lar material. Bales of lint, linters, and transportation in bond to another waste from approved areas of Mexico, northern port where such facilities are the West Coast of Mexico, or Northwest available, for the required vacuum fu- Mexico shall be tagged or otherwise migation. marked to show the gin or mill of ori- (iii) Such lint, linters, and waste gin unless they are immediately ex- compressed to high density arriving at ported. a port in the State of California where (Approved by the Office of Management and there are no approved fumigation fa- Budget under control number 0579–0049) cilities may be entered for immediate [27 FR 5389, June 7, 1962, as amended at 48 FR transportation in bond via an all-water 57466, Dec. 30, 1983] route if available, otherwise by over- land transportation in van-type trucks § 319.8–6 Cottonseed cake and cotton- or box cars after approved surface seed meal. treatment, or under such other condi- Entry of cottonseed cake and cotton- tions as may be deemed necessary and seed meal will be authorized through are prescribed by the inspector to (a) any port at which the services of an in- any port where approved fumigation fa- spector are available, subject to exam- cilities are available, there to receive ination by an inspector for freedom the required vacuum fumigation before
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release, or (b) to an approved mill or fusal to release, without vacuum fumi- plant for utilization. gation, lint, linters, and waste for (2) Entry of lint, linters, and waste transportation to the mill or plant. compressed to high density, will be au- (4) Agreements specified in paragraph thorized without vacuum fumigation at (a)(2) of this section may be executed any northern port, subject to move- only with owners or operators of mills ment to an approved mill or plant, the or plants located in States in which owner or operator of which has exe- cotton is not grown commercially and cuted an agreement with the Plant at locations in such other States as Protection and Quarantine Programs may be administratively designated by to the effect that, in consideration of the Deputy Administrator of the Plant the waiving, of vacuum fumigation as a Protection and Quarantine Programs condition of entry and the substitution after due consideration of possible pest of approved utilization therefor: risk involved and the proximity of (i) The lint, linters, and waste so en- growing cotton. tered will be processed or manufac- (b) Uncompressed or compressed. (1)(i) tured at the mill or plant and until so Entry of uncompressed or compressed used will be retained thereat, unless lint, linters, and waste will be author- written authority is granted by the ized, subject to vacuum fumigation by Plant Protection and Quarantine Pro- approved methods, through any north- grams to move the material to another ern port, through any port in the State mill or plant; of California, and through any port on (ii) Sanitary measures satisfactory to the Mexican Border, where approved the Plant Protection and Quarantine fumigation facilities are available. Programs will be taken with respect to (ii) Importations of such lint, linters, the collection and disposal of any and waste arriving at a northern port waste, residues, and covers, including where there are no approved fumiga- the collection and disposal of refuse tion facilities may be entered for im- from railroad cars, trucks, or other mediate transportation in bond to an- carriers used in transporting the mate- other northern port where such facili- rial to the mill or plant; ties are available, for the required vac- (iii) Inspectors of the Plant Protec- uum fumigation. tion and Quarantine Programs will (iii) Compressed lint, linters, and have access to the mill or plant at any waste arriving at a port in the State of reasonable time to observe the meth- California where there are no approved ods of handling the material, the dis- fumigation facilities may be entered posal of refuse, residues, waste, and for immediate transportation in bond covers, and otherwise to check compli- by an all-water route if available, oth- ance with the terms of the agreement; erwise by overland transportation in (iv) Such reports of the receipt and van-type trucks or box cars after ap- utilization of the material, and dis- proved surface treatment, or under posal of waste therefrom as may be re- such other conditions as may be quired by the inspector will be sub- deemed necessary and are prescribed by mitted to him promptly; the inspector, to any port in California (v) Such other requirements as may or any northern port where approved be necessary in the opinion of the Dep- fumigation facilities are available, uty Administrator of the Plant Protec- there to receive the required vacuum tion and Quarantine Programs to as- fumigation before release, or to any sure retention of the material, includ- northern port for movement to an ap- ing all wastes and residues, at the mill proved mill or plant for utilization. or plant and its processing, utilization (iv) Uncompressed lint, linters, and or disposal in a manner that will elimi- waste arriving at a port in the State of nate all pest risk, will be complied California where there are no approved with. fumigation facilities may be entered (3) Failure to comply with any of the for immediate transportation in bond conditions of an agreement specified in by an all-water route to any port in paragraph (a)(2) of this section may be California or any northern port where cause for immediate cancellation of approved fumigation facilities are the agreement by the inspector and re- available, there to receive the required
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vacuum fumigation before release, or by an all-water route unless the bales to a northern port for movement to an are compressed to a density of 20 approved mill or plant for utilization. pounds or more per cubic foot in which (2) Entry without vacuum fumigation case the bales may be moved overland will be authorized for compressed lint, in van-type trucks or box cars if all- linters, and waste, and for water transportation is not available. uncompressed waste derived from cot- Such overland movement may be made ton milled in countries that do not only after approved surface treatment produce cotton, 4 arriving at a northern or under such other conditions as may port, subject to movement to an ap- be deemed necessary and are prescribed proved mill or plant. by the inspector. When such covers ar- rive at a port other than a northern, [24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 FR 24917, Dec. 24, California, or Mexican border port they 1971] will be required to be transported therefrom immediately in bond by an § 319.8–9 Hull fiber and gin trash. all-water route to a northern or Cali- (a) Entry of hull fiber will be author- fornia port where approved vacuum fu- ized under the same conditions as are migation facilities are available for applicable to waste under this subpart. vacuum fumigation thereat by an ap- (b) Gin trash may be imported only proved method or for forwarding there- under the provisions of § 319.8–20. from to an approved mill or plant for utilization. [24 FR 10788, Dec. 29, 1959, as amended at 27 (b) American cotton bagging, com- FR 5390, June 7, 1962] monly known as coarse gunny, which has been used to cover only cotton § 319.8–10 Covers. grown or processed in the United (a) Entry of covers (including bags, States, may be authorized entry at any slit bags, and parts of bags) which have port under permit and upon compliance been used as containers for cotton with §§ 319.8–4 and 319.8–5, without fu- grown or processed in countries other migation or other treatment. Marking than the United States may be author- patches of the finer burlaps or other ized either (1) through a Mexican bor- fabrics when attached to bales of such der port named in the permit for vacu- bagging may be disregarded if, in the um fumigation by an approved method judgment of the inspector, they do not in that part of the United States with- present a risk of carrying live pink in the generally infested pink bollworms, golden nematode cysts or bollworm regulated area; or (2) through flag smut spores. a northern port or a port in the State (c) Bags, slit bags, parts of bags, and of California subject to vacuum fumi- other covers which have been used as gation by an approved method or with- containers for root crops or are of a out vacuum fumigation when the cov- kind ordinarily used as containers for ers are to be moved to an approved mill root crops may be authorized entry or plant for utilization. When such cov- subject to immediate treatment in ers are forwarded from a northern port such manner and according to such to a mill or plant in California for uti- method as the inspector may select lization, or from a California port to from administratively authorized pro- another California or northern port for cedures known to be effective under vacuum fumigation thereat or for the conditions under which the treat- movement to a mill or plant for utili- ment is applied, and subject to any ad- zation such movement shall be made ditional safeguard measures that may be prescribed by the inspector pursuant 4For the purposes of this subpart the fol- to § 319.8–24, or that he may prescribe in lowing countries are considered to be those regard to the manner of discharge from in which cotton is not produced: Austria, the carrier and conveyance to the place Belgium, Canada, Denmark, Republic of Ire- of treatment: Provided, That such cov- land (Eire), Finland, France, Germany (both East and West), Great Britain and Northern ers may be authorized entry from Can- Ireland (United Kingdom), Iceland, Liech- ada without treatment as prescribed in tenstein, Luxembourg, Netherlands, Norway, this paragraph unless the covers are Portugal, Sweden, and Switzerland. found to be contaminated.
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(d) Bags, slit bags, parts of bags, and will be authorized without treatment other covers that have been used as but upon compliance with other appli- containers for wheat or wheat products cable sections of this subpart if the in- that have not been so processed as to spector finds that they have obviously have destroyed all flag smut disease not been used in a manner that would spores, or that have been used as con- contaminate them or when in the in- tainers for field seeds separated from spector’s opinion there is otherwise no wheat during the process of screening, plant pest risk associated with their and which arrive from a country named entry. in § 319.59–2(a)(2) of this part, if in- [24 FR 10788, Dec. 29, 1959, as amended at 27 tended for reuse in this country as FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, grain containers may be authorized 1971; 63 FR 31101, June 8, 1998] entry, subject to immediate treatment at the port of arrival. If such covers are SPECIAL CONDITIONS FOR THE ENTRY OF not intended to be reused in this coun- COTTON AND COVERS FROM MEXICO try as grain containers their entry may be authorized subject to movement for SOURCE: Sections 319.8–11 through 319.8–14 utilization to an approved mill or plant appear at 27 FR 5309, June 7, 1962, unless oth- the owner or operator of which has exe- erwise noted. cuted an appropriate agreement with § 319.8–11 From approved areas of the Plant Protection and Quarantine Mexico. Programs similar to that described in (a) Entry of lint, linters, and waste § 319.8–8(a)(2). Covers coming within (including gin and oil mill wastes) this paragraph only, may be entered which were derived from cotton grown without permit other than the author- in, and which were produced and han- ization provided in this paragraph and dled only in approved areas of Mexico 5 without other restriction under this may be authorized through Mexican subpart upon presentation to an in- Border ports in Texas named in the spector of satisfactory evidence that permits they have been used only for grains ex- (1) For movement into the generally ported from the United States and are infested pink bollworm regulated area being returned empty without use such products becoming subject imme- abroad and that while abroad they diately upon release by the inspector have been handled in a manner to pre- to the requirements, in § 301.52 of this vent their contamination. chapter, applicable to like products (e) When upon arrival at a port of originating in the pink bollworm regu- entry any shipment of bags, slit bags, lated area, or parts of bags, or other covers, is found (2) For movement to an approved to include one or more bales containing mill or plant for utilization, or material the importation of which is (3) For movement to New Orleans for regulated by paragraph (a), (c), or (d) of immediate vacuum fumigation. this section, the entire shipment, or (b) Entry of cottonseed or cottonseed any portion thereof, may be required hulls in bulk, or in covers that are new by the inspector to be treated as speci- or which have not been used previously fied in the applicable paragraph. to contain cotton or unmanufactured (f) If upon their arrival at a port of cotton products, may be authorized entry covers are classified by the in- through Mexican Border ports in Texas spector as coming within more than named in the permits, for movement one paragraph of this section, they will into the generally infested pink be authorized entry only upon compli- bollworm regulated area when certified ance with such requirements of the ap- by an inspector as having been pro- plicable paragraphs as the inspector duced in an approved area and handled may deem necessary to prevent the in- subsequently in a manner satisfactory troduction of plant diseases and insect pests. 5 See § 319.8–1(p) for definition of ‘‘Approved (g) Notwithstanding the provisions of areas of Mexico.’’ These are within that part any other paragraph of this section the of Mexico not included in the ‘‘West Coast of entry from any country of bags, slit Mexico’’ (§ 319.8–1(q)) or ‘‘Northwest Mexico’’ bags, parts of bags, and other covers (§ 319.8–1(r)).
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to the inspector. Upon arrival in the § 319.8–13 From Northwest Mexico. generally infested pink bollworm regu- Contingent upon continued freedom lated area such cottonseed or cotton- of Northwest Mexico and of the West seed hulls will be released from further Coast of Mexico from infestations of plant quarantine entry requirements the pink bollworm and other plant pest and shall become subject immediately conditions that would increase risk of to the requirements in § 301.52 of this pest introduction into the United chapter. States with importations authorized [27 FR 5309, June 7, 1962, as amended at 63 FR under this section, entry of the fol- 31101, June 8, 1998] lowing products may be authorized under permit subject to inspection § 319.8–12 From the West Coast of Mex- upon arrival to determine freedom ico. from hazardous plant pest conditions: Contingent upon continued freedom (a) Lint, linters, and waste. of the West Coast of Mexico and of (b) Cottonseed. Northwest Mexico from infestations of (c) Cottonseed hulls. the pink bollworm, entry of the fol- (d) Covers that have been used for lowing products may be authorized cotton only. under permit subject to inspection to determine freedom from hazardous § 319.8–14 Mexican cotton and covers plant pest conditions: not otherwise enterable. (a) Compressed lint and linters. Mexican cotton and covers not (b) Uncompressed lint and linters for enterable under § 319.8–11, § 319.8–12, or movement into the generally infested § 319.8–13 may be entered in accordance pink bollworm regulated area, move- with §§ 319.8–6 through 319.8–10 and ment thereafter to be in accordance §§ 319.8–16 through 319.8–20 insofar as with § 301.52 of this chapter. said sections are applicable. (c) Compressed or uncompressed cot- ton waste for movement under bond to MISCELLANEOUS PROVISIONS Fabens, Texas, for vacuum fumigation after which it will be released from fur- § 319.8–16 Importation into United ther plant quarantine entry require- States of cotton and covers ex- ments. ported therefrom. (d) Cottonseed when certified by an (a) Cotton and covers grown, pro- inspector as having been treated, duced, or handled in the United States stored, and transported in a manner and exported therefrom, and in the satisfactory to the Deputy Adminis- original bales or other containers in trator. which such material was exported (e) Untreated, non-certified cotton- therefrom, may be imported into the seed contained in new bags for move- United States at any port under per- ment by special manifest to any des- mit, without vacuum fumigation or tination in the generally infested pink other treatment or restriction as to bollworm regulated area, movement utilization, upon compliance with thereafter to be in accordance with §§ 319.8–2, 319.8–4, and § 319.8–5, and upon § 301.52 of this chapter. the submission of evidence satisfactory (f) Cottonseed hulls when certified by to the inspector that such material was an inspector as having been treated, grown, produced, or handled in the stored, and transported in a manner United States and does not constitute satisfactory to the Deputy Adminis- a risk of introducing the pink trator. bollworm into the United States. (g) Any cotton products for move- (b) Cotton and covers of foreign ori- ment through Mexican border ports in gin imported into the United States in Texas directly into the generally in- accordance with this subpart and ex- fested pink bollworm regulated area, ported therefrom, when in the original movement thereafter to be in accord- bales or other original containers, may ance with § 301.52 of this chapter. be reimported into the United States [27 FR 5309, June 7, 1962, as amended at 36 FR under the conditions specified in para- 24917, Dec. 24, 1971] graph (a) of this section.
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§ 319.8–17 Importation for exportation, lowed movement in Customs custody and importation for transportation for storage at a point in the north and exportation; storage. pending such exportation, or move- (a) Importation of cotton and covers ment to an approved mill or plant for for exportation, or for transportation vacuum fumigation or utilization, and exportation, in accordance with when there are inspectors available to this subpart shall also be subject to supervise such storage, if the bales are §§ 352.1 through 352.8 of this chapter, as free of surface contamination, if they amended. are kept segregated from other cotton (b) Importation at northern ports of and covers in a manner satisfactory to unfumigated lint, linters, waste, cot- the inspector, and if waste is collected tonseed cake, cottonseed meal and cov- and disposed of in a manner satisfac- ers used only for cotton, for expor- tory to the inspector. Such lint, lint- tation or for transportation and expor- ers, waste, and covers shall remain tation through another northern port, under Customs custody until released may be authorized by the inspector by the inspector. under permit if, in his judgment, such (e) Importation of lint, linters, and procedures can be authorized without waste from Mexico for transportation risk of introducing the pink bollworm. and exportation will be authorized (c) Entry under permit of lint, lint- under permit if such material is com- ers, or waste compressed to high den- pressed before, or immediately upon sity will be authorized for purposes of entering into the United States, or is storage in the north pending expor- compressed while en route to the port tation, fumigation, or utilization in an of export at a compress specifically au- approved mill or plant provided the thorized in the permit. The ports of ex- owner or operator of such proposed port which may be named in the permit storage place has executed an agree- shall be limited to those that have ment with the Plant Protection and been administratively approved for Quarantine Programs similar to those such exportation. Storage of such com- required for mills or plants to utilize pressed cotton may be authorized, in lint, linters, and waste as specified in approved bonded warehouses in Texas. § 319.8–8(a)(2), and provided further that (f) Entry of uncompressed lint, lint- (1) Inspectors are available to super- ers, and waste from Mexico may be au- vise the storage, thorized at ports named in the permit (2) The bales of material to be stored for exportation at ports within the gen- are free from surface contamination, erally infested pink bollworm regu- (3) The material is kept segregated lated area or for transportation and ex- from other cotton and covers in a man- portation via rail to Canada under such ner satisfactory to the inspector, and conditions and over such routes as may (4) The waste is collected and dis- be specified in the permit. posed of in a manner satisfactory to [24 FR 10788, Dec. 29, 1959, as amended at 27 the inspector. FR 5390, June 7, 1962; 36 FR 24917, Dec. 24, (d) Except as provided in § 319.8– 1971; 63 FR 31101, June 8, 1998] 23(a)(4), compressed lint, linters, and waste, uncompressed waste derived § 319.8–18 Samples. from cotton milled in a non-cotton- (a) Samples of lint, linters, waste, 6 producing country, and covers, arriv- cottonseed cake, and cottonseed meal ing at a port in the north for entry for may be entered without further permit exportation, vacuum fumigation, or other than the authorization contained utilization in accordance with the re- in this section, but subject to inspec- quirements in this subpart, may be al- tion and such treatment as the inspec- tor may deem necessary. Samples 6 For the purposes of this subpart the fol- which represent either such products of lowing countries are considered as non-cot- United States origin or such products ton-producing countries: Austria, Belgium, imported into the United States in ac- Canada, Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), cordance with the requirements of this Iceland, Liechtenstein, Luxembourg, Nether- subpart, and which were exported from lands, Norway, Portugal, Sweden and Swit- the United States, may be entered into zerland. the United States without inspection
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when the inspector is satisfied as to tratively approved for such entry or ex- the identity of the samples. port. (b) Samples of cottonseed or seed cot- ton may be entered subject to the con- § 319.8–23 Treatment. ditions and requirements provided in (a)(1) Vacuum fumigation as required §§ 319.8–2, 319.8–4, and 319.8–19. in this subpart shall consist of fumiga- (c) Bales or other containers of cot- tion, in a vacuum fumigation plant ap- ton shall not be broken or opened for proved by the Deputy Administrator of sampling and samples shall not be the Plant Protection and Quarantine drawn until the inspector has so au- Programs, under the supervision of an thorized and has prescribed the condi- inspector and to his satisfaction. Con- tions and safeguards under which such tinued approval of the plant will be samples shall be obtained. contingent upon the granting by the operator thereof, to the inspector, of § 319.8–19 Cottonseed or seed cotton for experimental or scientific pur- access to all parts of the plant at all poses. reasonable hours for the purpose of su- pervising sanitary and other operating Entry of small quantities of cotton- conditions, checking the efficacy of the seed or seed cotton for experimental or scientific purposes may be authorized apparatus and chemical operations, through such ports as may be named in and determining that wastage has been the permit, and shall be subject to such cleaned up and disposed of in a manner special conditions as shall be set forth satisfactory to the inspector; and upon in the permit to provide adequate safe- the maintenance at the plant of condi- guards against pest entry. tions satisfactory to the inspector. (2) After cotton and covers have been § 319.8–20 Importations by the Depart- vacuum fumigated they shall be so ment of Agriculture. marked under the supervision of an in- Cotton and covers may be imported spector. Such material may thereafter by the Department of Agriculture for be distributed, forwarded, or shipped experimental or scientific purposes without further plant quarantine entry under such conditions as may be pre- restriction. scribed by the Deputy Administrator of (3) Cotton and covers held by an im- the Plant Protection and Quarantine porter for vacuum fumigation must be Programs, which conditions may in- stored under conditions satisfactory to clude clearance through the New Crops the inspector. Research Branch of the Plant Science (4) Prompt vacuum fumigation of Research Division, Agricultural Re- cotton and covers (other than high den- search Services. sity cotton free of surface contamina- tion) will be required at non-northern § 319.8–21 Release of cotton and covers after 18 months’ storage. ports. Similar prompt vacuum fumiga- tion will be required at Norfolk, Vir- Cotton and covers, the entry of which ginia, during the period June 15 to Oc- has been authorized subject to vacuum tober 15 of each year, except for covers fumigation or other treatment because which have been used to contain only of the pink bollworm only, and which lint, linters, or waste, and the bales of have not received such treatment but have been stored for a period of 18 which are compressed to a density of 28 months or more will be released from or more pounds per cubic foot and are further plant quarantine entry restric- free of surface contamination. tions. (b) An inspector may authorize the substitution of processing, utilization, § 319.8–22 Ports of entry or export. or other form of treatment for vacuum When ports of entry or export are not fumigation when in his opinion such specifically designated in this subpart other treatment, selected by him from but are left to the judgment of the in- administratively authorized proce- spector, the inspector shall designate dures, will be effective in eliminating only such ports as have been adminis- infestation of the pink bollworm.
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§ 319.8–24 Collection and disposal of with sections 414 and 421 of the Plant waste. Protection Act (7 U.S.C. 7714 and 7731). (a) Importers shall handle imported, Neither the Department of Agriculture unfumigated cotton and covers in a nor the inspector will be responsible manner to avoid waste. If waste does for any costs accruing for demurrage, occur, the importer or his agent shall shipping charges, cartage, labor, collect and dispose of such waste in a chemicals, or other expenses incidental manner satisfactory to the inspector. to the safeguarding or disposal of ma- (b) If, in the judgment of an inspec- terial refused entry by the inspector, tor, it is necessary as a safeguard nor will the Department of Agriculture against risk of pest dispersal to clean or the inspector assume responsibility railway cars, lighters, trucks, and for the value of material destroyed. other vehicles and vessels used for [24 FR 10788, Dec. 29, 1959, as amended at 66 transporting such cotton or covers, or FR 21055, Apr. 27, 2001] to clean piers, warehouses, fumigation plants, mills, or other premises used in connection with importation of such Subpart—Sugarcane cotton or covers, the importer or his § 319.15 Notice of quarantine. agent shall perform such cleaning, in a manner satisfactory to the inspector. (a) The importation into the United (c) All costs incident to such collec- States of sugarcane and its related tion, disposal, and cleaning other than products, including cuttings, canes, the services of the inspector during his leaves, and bagasse, from all foreign regular tour of duty and at the usual countries and localities is prohibited, place of duty, shall be borne by the im- except for importations by the U.S. De- porter or his agent. partment of Agriculture for scientific or experimental purposes and importa- § 319.8–25 Costs and charges. tions authorized under a permit issued The services of the inspector during by the Department specifying condi- regularly assigned hours of duty and at tions under which the materials have the usual places of duty shall be fur- been or are to be subjected to mitigate nished without cost to the importer. any pest risk. The Plant Protection and Quarantine (b) As used in this subpart, unless the Programs will not assume responsi- context otherwise requires, the term bility for any costs or charges, other ‘‘United States’’ means the States, the than those indicated in this section, in District of Columbia, Guam, Puerto connection with the entry, inspection, Rico, and the Virgin Islands of the treatment, conditioning, storage, for- United States. warding, or any other operation of any [24 FR 10788, Dec. 29, 1959, as amended at 66 character incidental to the physical FR 21055, Apr. 27, 2001] entry of an importation of a restricted material. § 319.15a Administrative instructions and interpretation relating to entry § 319.8–26 Material refused entry. into Guam of bagasse and related Any material refused entry for non- sugarcane products. compliance with the requirements of Bagasse and related sugarcane prod- this subpart shall be promptly removed ucts have been so processed that, in the from the United States or abandoned judgment of the Department, their im- by the importer for destruction, and portation into Guam will involve no pending such action shall be subject to pest risk, and they may be imported the immediate application of such safe- into Guam without further permit, guards against escape of plant pests as other than the authorization contained the inspector may prescribe. If such in this paragraph. Such importations material is not promptly safeguarded may be made without the submission by the importer, removed from the of a notice of arrival inasmuch as there United States, or abandoned for de- is available to the inspector the essen- struction to the satisfaction of the in- tial information normally supplied by spector it may be seized, destroyed, or the importer at the time of importa- otherwise disposed of in accordance tion. Inspection of such importations
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may be made under the general author- Rico, and the Virgin Islands of the ity of § 330.105(a) of this chapter. If an United States. importation is found infected, infested, [24 FR 10788, Dec. 29, 1959, as amended at 60 or contaminated with any plant pest FR 27674, May 25, 1995] and is not subject to disposal under this part, disposition may be made in Subpart—Corn Diseases accordance with § 330.106 of this chap- ter. QUARANTINE
Subpart—Citrus Canker and Other § 319.24 Notice of quarantine. Citrus Diseases (a) The fact has been determined by the Secretary of Agriculture, and no- § 319.19 Notice of quarantine. tice is hereby given, that maize or In- dian corn (Zea mays L.) and closely re- (a) In order to prevent the introduc- lated plants are subject to certain inju- tion into the United States of the cit- rious diseases, especially Peronospora rus canker disease (Xanthomonas citri maydis Raciborski, Sclerospora (Hasse) Dowson) and other citrus dis- sacchari Miyake and other downy mil- eases, the importation into the United dews; also the Physoderma diseases of States of plants or any plant part, ex- maize, Physoderma zeae-maydis Shaw, cept fruit and seeds, of all genera, spe- and Physoderma maydis Miyake, new cies, and varieties of the subfamilies to and not heretofore widely prevalent Aurantioideae, Rutoideae, and or distributed within and throughout Toddalioideae of the botanical family the United States, and that these dis- Rutaceae is prohibited, except as pro- eases occur in southeastern Asia (in- vided in paragraphs (b), (c), and (d) of cluding India, Siam, Indo-China and this section. China), Malayan Archipelago, Aus- (b) Plants or plant parts of all gen- tralia, Oceania, Philippine Islands, era, species, and varieties of the sub- Formosa, Japan, and adjacent islands. families Aurantioideae, Rutoideae, and (b) Except as otherwise provided in Toddalioideae of the botanical family this subpart, the importation into the Rutaceae may be imported into the United States of raw or unmanufac- United States for experimental or sci- tured corn seed and all other portions entific purposes in accordance with of Indian corn or maize and related conditions prescribed by the Adminis- plants, including all species of teosinte trator, Animal and Plant Health In- (Euchlaena), jobs-tears (Coix), Polytoca, spection Service, United States Depart- Chionachne, and Sclerachne, from south- ment of Agriculture. eastern Asia (including India, Indo- china, and the People’s Republic of (c) Plants or plant parts of all gen- China), Malayan Archipelago, Aus- era, species, and varieties of the sub- tralia, New Zealand, Oceania, Phil- families Aurantioideae, Rutoideae, and ippine Islands, Manchuria, Japan, and Toddalioideae of the botanical family adjacent islands is prohibited. How- Rutaceae may be imported into Guam ever, this prohibition does not apply to in accordance with § 319.37–6. importations of such items by the U.S. (d) Plants or plant parts of all gen- Department of Agriculture for sci- era, species, and varieties of the sub- entific or experimental purposes. And families Aurantioideae, Rutoideae, and further, when the public interests will Toddalioideae of the botanical family permit, the Deputy Administrator of Rutaceae that are regulated articles the Plant Protection and Quarantine under §§ 319.40–1 through 319.40–11 may Programs may, upon request in specific be imported into the United States in cases, authorize such importations into accordance with §§ 319.40–1 through Guam under conditions specified in the 319.40–11 and without restriction by permit that are less stringent than this subpart. those contained in this subpart. (e) As used in this section unless the (c) As used in this subpart, unless the context otherwise requires, the term context otherwise requires, the term ‘‘United States’’ means the continental ‘‘United States’’ means the States, the United States, Guam, Hawaii, Puerto District of Columbia, Guam, Puerto
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Rico, and the Virgin Islands of the § 319.24–2 Issuance of permits. United States. (a) Upon receipt of an application and (d) Seed of Indian corn or maize (Zea upon approval by an inspector a permit mays L.) that is free from the cob and will be issued specifying the conditions from all other parts of corn may be im- of entry and the port of entry to carry ported into the United States from out the purposes of this subpart, and a New Zealand without further restric- copy will be supplied to the importer. tion. (b) Further permits may be refused [24 FR 10788, Dec. 29, 1959, as amended at 58 and existing permits revoked, if the ap- FR 44745, Aug. 25, 1993; 66 FR 21055, Apr. 27, plication therefor does not correctly 2001] give the locality where the corn was grown, or is false or deceptive in any § 319.24a Administrative instructions material particular. relating to entry of corn into Guam. Corn may be imported into Guam § 319.24–3 Marking as condition of without further permit, other than the entry. authorization contained in this section Every bag or other container of corn but subject to compliance with § 319.24– offered for entry shall be plainly 3. Such imports need not comply with marked with such numbers or marks as the notice of arrival requirements of will make it easily possible to asso- § 319.24–4 inasmuch as information ciate the bags or containers with a par- equivalent to that in a notice of arrival ticular importation. is available to the inspector from an- other source. Section 319.24–5 shall not (Approved by the Office of Management and be applicable to importations of corn Budget under control number 0579–0049) into Guam. Such importations shall be [24 FR 10788, Dec. 29, 1959, as amended at 48 subject to inspection at the port of FR 57466, Dec. 30, 1983] entry. Corn found upon inspection to contain disease infection will be sub- § 319.24–4 Notice of arrival of corn by permittee. ject to sterilization in accordance with methods selected by the inspector from Immediately upon the arrival of the administratively authorized procedures corn at the port of entry the permittee known to be effective under the condi- shall submit, in duplicate, notice to tions in which applied. the Plant Protection and Quarantine Programs, through the United States REGULATIONS GOVERNING ENTRY OF Collector of Customs, or, in the case of INDIAN CORN OR MAIZE Guam, through the Customs officer of the Government of Guam, on forms § 319.24–1 Applications for permits for provided for that purpose, stating the importation of corn. number of the permit, the number of Persons contemplating the importa- bags or other containers of corn in- tion of corn into the United States cluded in the shipment, the bag or shall, before shipping the corn, make other container numbers or marks, the application for a permit, on forms pro- country and locality where the corn vided for that purpose, to the Deputy was grown, the name and address of the Administrator of the Plant Protection exporter or foreign shipper, the port of and Quarantine Programs, Department departure, the date of arrival, the of Agriculture, Washington, DC, stat- name of the ship or vessel, and the des- ing the name and address of the ex- ignation of the dock where the corn is porter, the country and locality where to be landed. grown, the port of departure, the pro- (Approved by the Office of Management and posed port of entry, and the name and Budget under control number 0579–0049) address of the importer or of the broker in the United States to whom [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] the permit should be sent. (Approved by the Office of Management and § 319.24–5 Condition of entry. Budget under control number 0579–0049) The corn shall not be removed from [24 FR 10788, Dec. 29, 1959, as amended at 48 the port of entry, nor shall any bag or FR 57466, Dec. 30, 1983] other container thereof be broken or
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opened, except for the purpose of steri- Korea; Mauritius; Seychelles; Argen- lization, until a written notice is given tina (except for the States of to the United States Collector of Cus- Catamarca, Jujuy, Salta, and toms, or, in the case of Guam, the Cus- Tucuman, which are considered free of toms officer of the Government of citrus canker); Brazil; and Paraguay is Guam, by an inspector of the Plant prohibited. Protection and Quarantine Programs, (2) To prevent the introduction into that the corn has been properly steri- the United States of sweet orange scab lized and released for entry without (Elsinoe australis Bitanc. and Jenkins), further restrictions so far as the juris- the importation of fruits and peel of all diction of the Department of Agri- species and varieties of the genus Cit- culture extends thereto. All apparatus rus, including Citrus aurantifolia and methods for accomplishing such (Christm.) Swingle, C. aurantium L., C. sterilization must be satisfactory to hystrix DC., C. limon (L.) Burm. f., C. the Plant Protection and Quarantine paradisi Macf., C. reticulata Blanco, C. Programs. Corn will be delivered to the sinensis (L.) Osbeck, and Fortunella mar- permittee for sterilization, upon the garita (Lour.) Swingle, from Argentina filing with the appropriate customs of- (except as provided by § 319.56–2f of this ficial of a bond in the amount of $5,000, part), Brazil, Paraguay, and Uruguay is or in an amount equal to the invoice prohibited. value of the corn if such value is less (3) To prevent the introduction into than $5,000, with approved sureties, and the United States of the bacterial dis- conditioned upon sterilization of the ease ‘‘Cancrosis B,’’ the importation of corn under the supervision and the sat- fruits and peel of all species and vari- isfaction of an inspector of the Plant eties of the genus Citrus, including Protection and Quarantine Programs; those indicated in the previous para- and upon the redelivery of the corn to graph, is prohibited from Argentina said customs official within 40 days (except for the States of Catamarca, from the arrival of the corn at the port Jujuy, Salta, and Tucuman, which are of entry. considered free of Cancrosis B), Para- guay, and Uruguay. Seeds and proc- Subpart—Citrus Fruit essed peel of fruits designated in this section are excluded from this prohibi- NOTE: Citrus nursery stock, except seeds, is tion. Such seeds, however, are subject prohibited entry from all foreign countries to the requirements of §§ 319.37 through and localities by the citrus nursery stock 319.37–27. quarantine No. 19 (§ 319.19). The importation from all foreign countries (b) The prohibition does not apply to of fruits of citrus and citrus relatives, other Unshu oranges (Citrus reticulata Blanco than those specified in this subpart, is re- var. unshu, Swingle [Citrus unshiu stricted by the provisions of fruit and vege- Marcovitch, Tanaka]), also known as table quarantine No. 56 (§§ 319.56 to 319.56–8). Satsuma, grown in Japan or on Cheju Island, Republic of Korea, and im- § 319.28 Notice of quarantine. ported under permit into any area of (a)(1) To prevent the introduction the United States except for American into the United States of citrus canker Samoa, Arizona, California, Florida, disease Xanthomonas campestris pv. citri Louisiana, the Northern Mariana Is- (Hasse) Dye, the importation of all lands, Puerto Rico, Texas, and the Vir- fruits and peel of all genera, species, gin Islands of the United States: Pro- and varieties of the subfamilies vided, that each of the following safe- Aurantioideae, Rutoideae, and guards is fully carried out: Toddalioideae of the botanical family (1) The Unshu oranges must be grown Rutaceae from eastern and south- and packed in isolated, canker-free ex- eastern Asia (including India, port areas established by the plant pro- Myanmar, Sri Lanka, Thailand, Indo- tection service of the country of origin. china, and the People’s Republic of Only Unshu orange trees may be grown China); the Malay Archipelago; the in these areas, which must be kept free Philippine Islands; Oceania (except of all citrus other than the propagative Australia and Tasmania); Japan and material of Unshu oranges. The export adjacent islands; the Republic of areas must be inspected and found free
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of citrus canker and prohibited plant lands, Puerto Rico, Texas, and the Vir- material by qualified plant protection gin Islands of the United States. officers of both the country of origin (c) This prohibition shall not apply and the United States. The export to importations for experimental or areas must be surrounded by 400-meter- scientific purposes by the U.S. Depart- wide buffer zones. The buffer zones ment of Agriculture upon such condi- must be kept free of all citrus other tions and under such requirements as than the following 10 varieties: Buntan may be prescribed in permits that may Hirado (Citrus grandis); Buntan Viet- be issued by the Deputy Administrator nam (C. grandis); Hassaku (C. hassaku); of the Plant Protection and Quarantine Hyuganatsu (C. tamurana); Kinkan Programs for such importations. (Fortunella spp. non Fortunella hindsii); (d) Further, this prohibition shall not Kiyomi tangor (hybrid); Orange Hyuga apply to importations into Guam of the (C. tamurana); Ponkan (C. reticulata); fruits and peel designated in paragraph Unshu (C. unshiu Marcovitch, Tanaka (a)(1) of this section. [Citrus reticulata Blanco var. unshu, (e) Importations allowed in para- Swingle]); and Yuzu (C. junos). The graphs (b), (c), and (d) of this section buffer zones must be inspected and shall be subject to the permit and found free of citrus canker and prohib- other requirements under the Fruits ited plant material by qualified plant and Vegetables Quarantine (§ 319.56). protection officers of both the country (f) All salary, travel, and subsistence of origin and the United States. expenses incident to the assignment of (2) Inspection of the Unshu oranges personnel of the U.S. Department of shall be performed jointly by plant pro- Agriculture to such operations in the tection officers of the country of origin country of origin of the Unshu oranges and the United States in the groves shall be paid by those requesting the prior to and during harvest, and in the service of such personnel. packinghouses during packing oper- (g) The term United States means the ations. States, District of Columbia, American (3) Before packing, such oranges shall Samoa, Guam, the Northern Mariana be given a surface sterilization as pre- Islands, Puerto Rico, and the Virgin Is- scribed by the U.S. Department of Ag- lands of the United States. riculture. (h) Any permit that has been issued (4) The identity of the fruit shall be for the importation of Unshu oranges maintained in the following manner: may be withdrawn by an inspector (i) On its tissue paper wrapping, and orally or in writing, if he or she deter- on the individual box in which such or- mines that the holder of the permit has anges are shipped, there is to be not complied with any of the condi- stamped or printed a statement speci- tions in the regulations. The holder of fying the States into which the Unshu the permit shall be informed orally or oranges may be imported, and from in writing of the reasons for the with- which they are prohibited removal drawal. If the withdrawal is oral, the under a Federal plant quarantine. decision and the reasons for the with- (ii) Each shipment of oranges handled drawal will be confirmed in writing as in accordance with these procedures promptly as circumstances allow. Any shall be accompanied by a certificate person whose permit has been with- of the plant protection service of the drawn may appeal the decision in writ- country of origin certifying that the ing to the Deputy Administrator with- fruit is apparently free of citrus canker in ten (10) days after receiving the disease. written notification of the withdrawal. (5) [Reserved] The appeal must state all of the facts (6) The Unshu oranges may be im- and reasons upon which the person re- ported into the United States only lies to show that the permit was through a port of entry listed in wrongfully withdrawn. As promptly as § 319.37–14 of this part, except that the circumstances allow, the Deputy Ad- importation is prohibited through ministrator will grant or deny the ap- ports of entry located in American peal, in writing, stating the reasons for Samoa, Arizona, California, Florida, the decision. A hearing will be held to Louisiana, the Northern Mariana Is- resolve any conflict as to any material
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fact. Rules of practice concerning a side the United States, or apply treat- hearing will be adopted by the Deputy ments or other safeguards to the arti- Administrator. cle, as prescribed by an inspector to (i) The term inspector means any em- prevent the introduction into the ployee of Plant Protection and Quar- United States of plant pests. In choos- antine, Animal and Plant Health In- ing which action to order and in set- spection Service, who is authorized by ting the time limit for the action, the the Deputy Administrator to enforce inspector shall consider the degree of the regulations in this subpart. pest risk presented by the plant pest [32 FR 7959, June 2, 1967, as amended at 36 FR associated with the article, whether 24917, Dec. 24, 1971; 37 FR 7481, Apr. 15, 1972; the article is a host of the pest, the 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, types of other host materials for the 1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, pest in or near the port, the climate Dec. 16, 1988; 59 FR 13183, Mar. 21, 1994; 60 FR and season at the port in relation to 39103, 39104, Aug. 1, 1995; 65 FR 37667, June 15, the pest’s survival range, and the avail- 2000; 66 FR 21055, Apr. 27, 2001] ability of treatment facilities for the article. Subpart—Nursery Stock, Plants, (c) No person shall remove any re- Roots, Bulbs, Seeds, and Other stricted article from the port of first Plant Products 1, thnsp;2 arrival unless and until a written no- tice is given to the collector of customs SOURCE: 45 FR 31585, May 13, 1980, as by the inspector that the restricted ar- amended at 60 FR 27674, May 25, 1995. ticle has satisfied all requirements under this subpart. § 319.37 Prohibitions and restrictions on importation; disposal of articles [57 FR 43144, Sept. 18, 1992] refused importation. § 319.37–1 Definitions. (a) No person shall import or offer for entry into the United States any pro- Terms used in the singular form in hibited article, except as otherwise this subpart shall be construed as the provided in § 319.37–2(c) of this subpart. plural, and vice versa, as the case may No person shall import or offer for demand. The following terms, when entry into the United States any re- used in this subpart, shall be con- stricted article except in accordance strued, respectively, to mean: with this subpart. Bulbs. The portion of a plant com- (b) The importer of any article denied monly known as a bulb, bulbil, bulblet, entry for noncompliance with this sub- corm, cormel, rhizome, tuber, or pip, part must, at the importer’s expense and including fleshy roots or other un- and within the time specified in an derground fleshy growths, a unit of emergency action notification (PPQ which produces an individual plant. Form 523), destroy, ship to a point out- Clean well water. Well water that does not contain plant pathogens or other 1 The Plant Protection and Quarantine plant pests. Programs also enforces regulations promul- Deputy Administrator. The Deputy Ad- gated under the Endangered Species Act of ministrator of the Animal and Plant 1973 (Pub. L. 93–205, as amended) which con- Health Inspection Service, U.S. Depart- tain additional prohibitions and restrictions ment of Agriculture for the Plant Pro- on importation into the United States of ar- tection and Quarantine Programs, or ticles subject to this subpart (See 50 CFR parts 17 and 23). any other officer or employee of the 2 One or more common names of articles Department to whom authority to act are given in parentheses after most scientific in his/her stead has been or may here- names (when common names are known) for after be delegated. the purpose of helping to identify the arti- Disease. The term in addition to its cles represented by such scientific names; common meaning, includes a disease however, unless otherwise specified, a ref- agent which incites a disease. erence to a scientific name includes all arti- cles within the category represented by the Earth. The softer matter composing scientific name regardless of whether the part of the surface of the globe, in dis- common name or names are as comprehen- tinction from the firm rock, and in- sive in scope as the scientific name. cluding the soil and subsoil, as well as
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finely divided rock and other soil for- authorized for use with the specified mation materials down to the rock plant genera, if the procedures are per- layer. formed using protocols acceptable to Europe. The continent of Europe, the the plant protection service that issues British Isles, Iceland, the Azores, and phytosanitary certificates based on the islands in the Mediterranean Sea. them: mechanical transmission of the From. An article is considered to be pest to an indicator plant for Dianthus, ‘‘from’’ any country or locality in Malus, Prunus, Rubus, and Syringa; which it was grown. Provided, That an graft transmission of the pest to an in- article imported into Canada from an- dicator plant for Chaenomeles, Cydonia, other country or locality shall be con- Malus, Prunus, Pyrus, Rubus, and Sy- sidered as being solely from Canada if ringa; serology for Dianthus, Malus, it meets the following conditions: Prunus, Pyrus, Rubus, and Syringa; elec- (a) It is imported into the United tron microscopy for Dianthus and States directly from Canada after hav- Prunus, and nucleic acid probes for ing been grown for at least 1 year in Chaenomeles, Cydonia, Malus, and Canada, Pyrus. (b) It has never been grown in a coun- Inspector. Any employee of the Plant try from which it would be a prohibited Protection and Quarantine Programs, article or grown in a country other Animal and Plant Health Inspection than Canada from which it would be subject to conditions of § 319.37–5 (c), Service, U.S. Department of Agri- (d), (e), (f), (g), (h), (i), (j), (k), (l), or culture, or other person, authorized by (m) of this subpart, or subject to condi- the Deputy Administrator in accord- tions of § 319.37–6 of this subpart, ance with law to enforce the provisions (c) It was not grown in a country or of the regulations in this subpart. locality from which it would be subject Nursery stock. All field-grown florist’s to conditions of § 319.37–7 of this sub- stock, trees, shrubs, vines, cuttings, part unless it was grown in Canada grafts, scions, buds, fruit pits, and under postentry growing conditions other seeds of fruit and ornamental equivalent to those specified in § 319.37– trees or shrubs, and other plants and 7 3 of this subpart, and plant products for propagation, except (d) It was not imported into Canada field, vegetable, and flower seeds, bed- in growing media. ding plants, and other herbaceous Indexing. A procedure for using plant plants, bulbs, and roots. material or its extracts to determine Oceania. The islands of Micronesia, the presence or absence of one or more Melanesia, and Polynesia (except Ha- pests in or on the tested plant mate- waii, Guam, and the Northern Mariana rial. For the purposes of this subpart, Islands) in the central and southern indexing is performed in foreign coun- Pacific Ocean. tries to test the parent stock of des- Person. An individual, corporation, ignated articles that must meet special company, society, or association. foreign inspection and certification re- Phytosanitary certificate of inspection. quirements in accordance with § 319.37– A document relating to a restricted ar- 5 to be eligible for importation into the ticle, which is issued by a plant protec- United States. The results of indexing tion official of the country in which tests are used by the plant protection the restricted article was grown, which services of foreign countries to issue is issued not more than 15 days prior to phytosanitary certificates declaring shipment of the restricted article from plant articles free of specified diseases. the country in which grown, which is The following indexing procedures are addressed to the plant protection serv- ice of the United States (Plant Protec- 3 Currently only Chaenomoles spp. (flow- tion and Quarantine Programs), which ering quince), Cydonia spp. (quince), Malus contains a description of the restricted spp. (apple, crabapple); Prunus spp. (almond, article intended to be imported into apricot, cherry, cherry laurel, English laurel, nectarine, peach, plum, prune) and Pyrus spp. the United States, which certifies that (pear) are required under the laws of Canada the article has been thoroughly in- to be grown in Canada under such equivalent spected, is believed to be free from in- conditions after importation. jurious plant diseases, injurious insect
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pests, and other plant pests, and is oth- any prohibited articles listed in erwise believed to be eligible for impor- § 319.37–2 (a) or (b) of this subpart, ex- tation pursuant to the current cluding any articles subject to any re- phytosanitary laws and regulations of stricted entry orders in 7 CFR part 321 the United States, and which contains (i.e., potatoes), and excluding any arti- any specific additional declarations re- cles regulated in 7 CFR 319.8 through quired under this subpart. 319.24 or 319.41 through 319.74–7. Plant pest. The egg, pupal, and larval Secretary. The Secretary of Agri- stages as well as any other living stage culture, or any other officer or em- of: Any insects, mites, nematodes, ployee of the Department of Agri- slugs, snails, protozoa, or other inver- culture to whom authority to act in tebrate animals, bacteria, fungi, other his/her stead has been or may hereafter parasitic plants or reproductive parts be delegated. thereof, viruses, or any organisms Soil. The loose surface material of the similar to or allied with any of the earth in which plants, trees, and shrubs foregoing, or any infectious substances, grow, in most cases consisting of dis- which can directly or indirectly injure integrated rock with an admixture of or cause disease or damage in any organic material and soluble salts. plants or parts thereof, or any proc- Solanum spp. true seed. Seed produced essed, manufactured, or other products by flowers of Solanum capable of germi- of plants. nating and producing new Solanum Plant Protection and Quarantine Pro- plants, as distinguished from Solanum grams. The organizational unit with the tubers, whole or cut, that are referred Animal and Plant Health Inspection to as Solanum seeds or seed potatoes. Service, U.S. Department of Agri- Spp. (species). All species, clones, culture, delegated responsibility for cultivars, strains, varieties, and hy- enforcing provisions of the Plant Quar- brids, of a genus. antine Act and related legislation, quarantines, and regulations. State Plant Regulatory Official. The of- Port of first arrival. The land area ficial authorized by the State to sign (such as a seaport, airport, or land bor- agreements with Federal agencies in- der station) where a person, or a land, volving operations of the State plant water, or air vehicle, first arrives after protection agency. entering the territory of the United United States. The States, District of States, and where inspection of articles Columbia, Guam, Northern Mariana Is- is carried out by inspectors. lands, Puerto Rico, and the Virgin Is- Potable water. Water which is ap- lands of the United States. proved for drinking purposes by the na- [45 FR 31585, May 13, 1980, as amended at 50 tional or local health authority having FR 8706, Mar. 5, 1985; 56 FR 19790, Apr. 30, jurisdiction. 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, Prohibited article. Any nursery stock, July 16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR plant, root, bulb, seed, or other plant 27674, May 25, 1995; 63 FR 13484, Mar. 20, 1998; product designated in § 319.37–2 (a) or 66 FR 21055, Apr. 27, 2001] (b), except wood articles regulated under §§ 319.40–1 through 319.40–11, § 319.37–2 Prohibited articles. ‘‘Subpart—Logs, Lumber, and Other (a) The following listed articles from Unmanufactured Wood Articles.’’ the designated countries and localities Restricted article. Any class of nursery are prohibited articles and are prohib- stock or other class of plant, root, ited from being imported or offered for bulb, seed, or other plant product, for entry into the United States except as or capable of propagation, excluding provided in § 319.37–2(c) of this subpart.
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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 and kept on file at the port of entry; meters (approximately 6 feet) in (4) Imported under conditions speci- length; and stem cuttings of epiphytes fied on the Departmental permit and with or without aerial roots (without found by the Deputy Administrator to leaves, without sprouts, and without be adequate to prevent the introduc- branches) exceeding 102 millimeters tion into the United States of plant (approximately 4 inches) in diameter or pests, i.e., conditions of treatment, exceeding 1.83 meters (approximately 6 processing, growing, shipment, dis- feet) in length. posal; and (5) Cactus cuttings (without roots or (5) Imported with a Departmental tag branches) exceeding 153 millimeters or label securely attached to the out- (approximately 6 inches) in diameter or side of the container containing the ar- exceeding 1.22 meters (approximately 4 ticle or securely attached to the article feet) in length. itself if not in a container, and with (6)(i) Plants (other than stem such tag or label bearing a Depart- cuttings, cactus cuttings, artificially mental permit number corresponding dwarfed plants such as bonsai, and to the number of the Departmental palms and plants whose growth habits permit issued for such article. simulate palms) exceeding 460 millime- 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, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, zone for plants produced by air 43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 layering) to the farthest terminal FR 44610, Aug. 30, 1994; 60 FR 8924, Feb. 16, growing point and whose growth habits 1995; 62 FR 50238, Sept. 25, 1997; 63 FR 13485, simulate the woody habits of trees and Mar. 20, 1998]
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§ 319.37–3 Permits. Michigan, New York, Washington, or West Virginia; (a) The restricted articles (other than (13) Articles (except seeds) of Vitis articles for food, analytical, medicinal, spp. (grape) from Canada and destined or manufacturing purposes) in any of to California, New York, Ohio, Oregon, the following categories may be im- and Washington; ported or offered for importation into (14) Articles (except seeds) of Corylus the United States only after issuance spp. (filbert, hazel, hazelnut, cobnut) of a written permit by the Plant Pro- from provinces east of Manitoba in tection and Quarantine Programs: Canada and destined to Oregon or (1) Articles subject to treatment and Washington; other requirements of § 319.37–6; (15) Articles (except seeds) of Pinus (2) Articles subject to the postentry spp. (pine) from Canada and destined to quarantine conditions of § 319.37–7; California, Idaho, Montana, Oregon, or (3) Bulbs of Allium sativum spp. (gar- Utah; and lic), Crocosmia spp. (montebretia), Glad- (16) Articles (except seeds) of Ulmus iolus spp. (gladiolus), and Watsonia spp. spp. (elm) from Canada and destined to (bugle lily) from New Zealand; California, Nevada, or Oregon. (4) Articles of Cocos nucifera (coco- (17) Solanum tuberosum true seed from nut); and articles (except seeds) of New Zealand and the X Region of Chile Dianthus spp. (carnation, sweet-wil- (that area of Chile between 39° and 44° liam) from any country or locality ex- South latitude—see § 319.37–5(o)). cept Canada; (b) An application for a written per- (5) Lots of 13 or more articles (other mit should be submitted to the Plant than seeds, bulbs, or sterile cultures of Protection and Quarantine Programs orchid plants) from any country or lo- (Animal and Plant Health Inspection cality except Canada; Service, Plant Protection and Quar- (6) Seeds of trees or shrubs from any antine, Port Operations, Permit Unit, country or locality except Canada; 4700 River Road Unit 136, Riverdale, (7) Articles (except seeds) of Malus Maryland 20737–1236) at least 30 days spp. (apple, crabapple), Pyrus spp. prior to arrival of the article at the (pear), Prunus spp. (almond, apricot, port of entry. The completed applica- cherry, cherry laurel, English laurel, tion shall include the following infor- nectarine, peach, plum, prune), Cydonia mation: 4 spp. (quince), Chaenomeles spp. (flow- (1) Name, address, and telephone ering quince), and Rubus spp. number of the importer; (cloudberry, blackberry, boysenberry, (2) Approximate quantity and kinds dewberry, loganberry, raspberry), from (botanical designations) of articles in- Canada; tended to be imported; (8) Articles (except seeds) of Castanea (3) Country(ies) or locality(ies) where spp. (chestnut) or Castanopsis spp. grown; (chinquapin) destined to California or (4) Intended United States port of Oregon; entry; (9) Articles (except seeds) of Pinus (5) Means of transportation, e.g., spp. (pine), (5-leaved) destined to Wis- mail, airmail, express, air express, consin; freight, airfreight, or baggage; and (10) Articles of Ribes spp. (currant, (6) Expected date of arrival. gooseberry), (including seeds) destined (c) A permit indicating the applicable to Massachusetts, New York, West Vir- conditions for importation under this ginia, or Wisconsin; subpart will be issued by Plant Protec- tion and Quarantine Programs if, after (11) Articles (except seeds) of Planera review of the application, the articles spp. (water elm, planer) or Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island and destined to 4 Application forms are available without California, Nevada, or Oregon; charge from the Animal and Plant Health In- spection Service, Plant Protection and Quar- (12) Seeds of Prunus spp. (almond, antine, Port Operations, Permit Unit, 4700 apricot, cherry, cherry laurel, English River Road Unit 136, Riverdale, Maryland laurel, nectarine, peach, plum, prune) 20737–1236, local offices which are listed in from Canada and destined to Colorado, telephone directories.
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are deemed eligible to be imported into U.S.C. 7714) are necessary with respect the United States under the conditions to such article.5 specified in the permit. However, even (Approved by the Office of Management and if such a permit is issued, the regulated Budget under control number 0579–0049) article may be imported only if all ap- plicable requirements of this subpart [45 FR 31585, May 13, 1980, as amended at 48 are met and only if an inspector at the FR 57466, Dec. 30, 1983; 57 FR 43148, Sept. 18, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, port of entry determines that no reme- Feb. 16, 1995; 66 FR 21055, Apr. 27, 2001] dial measures pursuant to the Plant Protection Act are necessary with re- § 319.37–4 Inspection, treatment, and spect to the regulated article.5 phytosanitary certificates of inspec- (d) Any permit which has been issued tion. may be withdrawn by an inspector or (a) Phytosanitary certificates of inspec- the Deputy Administrator if he/she de- tion. Any restricted article offered for termines that the holder thereof has importation into the United States not complied with any condition for must be accompanied by a the use of the document. The reasons phytosanitary certificate of inspection for the withdrawal shall be confirmed or, in the case of greenhouse-grown in writing as promptly as cir- plants from Canada imported in ac- cumstances permit. Any person whose cordance with paragraph (c) of this sec- permit has been withdrawn may appeal tion, a certificate of inspection in the the decision in writing to the Deputy form of a label in accordance with Administrator within ten (10) days paragraph (c)(1)(iv) of this section at- after receiving the written notification tached to each carton of the articles of the withdrawal. The appeal shall and to an airway bill, bill of lading, or state all of the facts and reasons upon delivery ticket accompanying the arti- which the person relies to show that cles. the permit was wrongfully withdrawn. (b) Inspection and treatment. Any re- The Deputy Administrator shall grant stricted article may be sampled and in- or deny the appeal, in writing, stating spected by an inspector at the port of the reasons for the decision as prompt- first arrival and/or under preclearance ly as circumstances permit. If there is inspection arrangements in the coun- a conflict as to any material fact, a try in which the article was grown, and hearing shall be held to resolve such must undergo any treatment contained conflict. in the Plant Protection and Quarantine (e) Any restricted article not des- Treatment Manual 6 that is ordered by ignated in paragraph (a) of this section the inspector. Any restricted article may be imported or offered for impor- found upon inspection to contain or be tation into the United States only contaminated with plant pests, that after issuance of an oral permit for im- cannot be eliminated by treatment, portation issued by an inspector at the shall be denied entry at the first port of entry. United States port of arrival. (f) An oral permit for importation of (c) Greenhouse-grown plants from Can- an article shall be issued at a port of ada. A greenhouse-grown restricted entry by an inspector only if all appli- plant may be imported from Canada if cable requirements of this subpart are the Plant Protection Division of Agri- met, such article is eligible to be im- culture Canada signs a written agree- ported under an oral permit, and an in- ment with the Animal and Plant spector at the port of entry determines Health Inspection Service allowing that no measures pursuant to section such importation if the following con- 414 of the Plant Protection Act (7 ditions are met:
5 An inspector may hold, seize, quarantine, 6 The Plant Protection and Quarantine treat, apply other remedial measures to, Treatment Manual is incorporated by ref- destory, or otherwise dispose of plants, plant erence in the Code of Federal Regulations. pests, or other articles in accordance with For further information on the content and sections 414, 421, and 434 of the Plant Protec- availability of this manual, see 7 CFR 300.1, tion Act (7 U.S.C. 7714, 7731, and 7754). ‘‘Materials incorporated by reference.’’
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(1) The Plant Protection Division of ble to inspectors and customs officials, Agriculture Canada shall: and to an airway bill, bill of lading, or (i) Eliminate individual inspections delivery ticket for plants to be shipped and phytosanitary certification of each to the United States, a label issued by shipment of articles exported in ac- Agriculture Canada including the iden- cordance with this section; tification number assigned to the grow- (ii) Enter into written agreements er by the Plant Protection Division of with, and assign a unique identifica- Agriculture Canada and the following tion number to, each greenhouse grow- certification statement: ‘‘This ship- er participating in the greenhouse pro- ment of greenhouse grown plants meets gram; the import requirements of the United (iii) Inspect greenhouses and the States, and is believed to be free from plants being grown in them using in- injurious plant pests. Issued by Plant spection methods and schedules ap- Protection Division, Agriculture Can- proved by Plant Protection and Quar- ada.’’ antine to ensure that the criteria of (iii) Apply labels in accordance with this subsection are met; paragraph (c)(2)(ii) of this section sole- (iv) Issue labels to each grower par- ly to cartons of plants that meet re- ticipating in the program. The labels quirements of this chapter for import issued to each grower shall bear a of these plants from Canada into the unique number identifying that grow- United States; and er, and shall bear the following state- (iv) Use pest control practices ap- ment: ‘‘This shipment of greenhouse- proved by Plant Protection and Quar- grown plants meets the import require- antine and the Plant Protection Divi- ments of the United States, and is be- sion of Agriculture Canada to exclude lieved to be free from injurious plant pests from the greenhouses. pests. Issued by Plant Protection Divi- [57 FR 43148, Sept. 18, 1992] sion, Agriculture Canada.’’ The Plant Protection Division, Agriculture Can- § 319.37–5 Special foreign inspection ada shall also ensure that the label is and certification requirements. placed on the outside of each container (a) Any restricted article (except of articles exported under the agree- seeds; unrooted cuttings; articles col- ment and that the grower’s label is lected from the wild; and articles sole- placed on an airway bill, bill of lading, ly for food, analytical, or manufac- or delivery ticket accompanying each turing purposes) from a country listed shipment of articles; and below, at the time of arrival at the (v) Ensure that only plants that are port of first arrival in the United not excluded shipment by the criteria States shall be accompanied by a of this subsection are shipped. phytosanitary certificate of inspection (2) Each greenhouse grower partici- which shall contain an accurate addi- pating in the program shall enter into tional declaration that such article an agreement with the Plant Protec- was grown on land which has been sam- tion Division of Agriculture Canada in pled and microscopically inspected by which the grower agrees to: the plant protection service of the (i) Maintain records of the kinds and country in which grown within 12 quantities of plants grown in their months preceding issuance of the cer- greenhouses, including the date of re- tificate and found free from potato cyst ceipt and place of origin of the plants, nematodes, Globodera rostochiensis keep the records for at least one year (Woll.) Behrens and G. pallida (Stone) after the plants are shipped to the Behrens: United States, and make the records available for review and copying upon Algeria, Argentina, Australia, Austria, request by either the Plant Protection Azores, Belgium, Bolivia, Bulgaria, Canada Division of Agriculture Canada or an (only that portion comprising Newfoundland, authorized representative of the Sec- and the Land District of South Saanich on Vancouver Island in British Columbia), retary of Agriculture. Channel Islands, Chile, Colombia, Costa (ii) Apply to the outside of each car- Rica, Crete, Cyprus, Czechoslovakia, Den- ton of plants grown in accordance with mark (including Faeroe Islands), Ecuador, this subsection, so as to be readily visi- Egypt, Federal Republic of Germany (West),
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Finland, France, German Democratic Repub- laurocerasus, P. mahaleb, P. padus, P. lic (East), Great Britain, Greece, Guernsey, sargentii, P. serotina, P. serrula, P. Hungary, Iceland, India, Ireland, Italy, serrulata, P. subhirtella, P. yedoensis, Japan, Jersey, Jordan, Lebanon, Luxem- 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- certified plants were grown and the ist Republics, Venezuela, and Yugoslavia. 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- (vii) Apple green crinkle virus. eases listed in paragraph (b)(3) of this (viii) Apple chat fruit virus. section: For Chaenomeles spp. (flow- (ix) Plum pox (=Sharka) virus. ering quince) and Cydonia spp. (quince), (x) Cherry leaf roll virus. diseases (i), (ii), (iv), (xviii), (xix), (xx), (xi) Cherry rusty mottle (European) and (xxi); for Malus spp. (apple, agent. crabapple), diseases (i), (ii), (iii), (vi), (xii) Apricot chlorotic leaf roll agent. (vii), (xxii), and (xxiii); for Prunus spp. (xiii) Plum bark split virus. (almond, apricot, cherry, cherry laurel, (xiv) Arabis mosaic virus and its English laurel, nectarine, peach, plum, strains. prune), diseases (i), (ix) through (xvii), (xv) Raspberry ringspot virus and its and (xxii); and for Pyrus spp. (pear), strains. diseases (i), (ii), (iv), (v), (xviii), (xix), (xvi) Tomato blackring virus and its (xx), (xxi) and (xxii); and for Vitis spp. strains. (grape) from Canada, diseases (xiv) (xvii) Strawberry latent ringspot through (xvii) and (xxiv) through virus and its strains. (xliii). The determination by the plant (xviii) Quince sooty ringspot agent. protection service that the article is (xix) Quince yellow blotch agent. free of these diseases will be based on (xx) Quince stunt agent. visual examination and indexing of the (xxi) Gymnosporangium asiaticum parent stock of the article and inspec- Miyabe ex. Yamada (Rust). tion of the nursery where the re- (xxii)Valsa mali Miyabe and Yamada stricted article is grown to determine ex. Miura (Branch canker fungus). that the nursery is free of the specified (xxiii) Apple ringspot virus. diseases. An accurate additional dec- (xxiv) The following nematode trans- laration on the phytosanitary certifi- mitted viruses of the polyhedral type: cate of inspection by the plant protec- Artichoke Italian latent virus, Grape- tion service that a disease does not vine Bulgarian latent virus, Grapevine occur in the country in which the arti- fanleaf virus and its strains, and Hun- cle was grown may be used in lieu of garian chrome mosaic virus. visual examination and indexing of the (xxv) Grapevine asteroid mosaic parent stock for that disease and in- agent. spection of the nursery. (xxvi) Grapevine Bratislava mosaic (2) Species of Prunus not immune to virus. plum pox virus (species other than P. (xxvii) Grapevine chasselas latent avium, P. cerasus, P. effusa, P. agent.
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(xxviii) Grapevine corky bark ‘‘Legno contains an accurate additional dec- riccio’’ agent. laration that such article was grown in (xxix) Grapevine leaf roll agent. a greenhouse nursery in Great Britain (xxx) Grapevine little leaf agent. and found by the plant protection serv- (xxxi) Grapevine stem pitting agent. ice of Great Britain to be free from in- (xxxii) Grapevine vein mosaic agent. jurious plant diseases caused by (xxxiii) Grapevine vein necrosis Phialophora cinerescens (Wr.) van agent. Beyma (=Verticillium cinerescens Wr.), (xxxiv) Flavescence-doree agent. carnation etched ring virus, carnation (xxxv) Black wood agent (bois-noir). ‘‘streak’’ virus, and carnation ‘‘fleck’’ (xxxvi) Grapevine infectious necrosis virus, based on visual examination of bacterium. the parent stock, of the articles for im- (xxxvii) Grapevine yellows disease portation, and of the greenhouse nurs- bacterium. ery in which the articles for importa- (xxxviii) Xanthomonas ampelina tion and the parent stock are grown, Panagopoulas. once a month for 4 consecutive months (xxxix) Peyronellaea glomerata Ciferri. immediately prior to importation, and (xl) Pseudopeziza tracheiphila Muller- based on indexing of the parent stock. Thur-gau. (e) Any restricted article (except (xli) Rhacodiella vitis Sterenberg. seeds) of Rubus spp. (cloudberry, black- (xlii) Rosellinia necratrix Prill. berry, boysenberry, dewberry, logan- (xliii) Septoria melanosa (Vialla and berry, raspberry) from Canada, shall be Ravav) Elenk. grown under postentry quarantine con- (c) Any restricted article (except ditions specified in § 319.37–7 unless at seeds) of Chrysanthemum spp. (chrysan- the time of arrival at the port of first themum) or Dendranthema spp. (chrys- arrival in the United States the anthemum) from any foreign place ex- phytosanitary certificate of inspection cept Europe, Argentina, Brazil, Can- accompanying such article contains an ada, Canary Islands, Chile, Colombia, accurate additional declaration that Republic of South Africa, Uruguay, such article was found by the plant Venezuela, and all countries and local- protection service of Canada to be free ities located in part or entirely be- of Rubus stunt agent based on visual tween 90° and 180° East longitude shall examination and indexing of the parent at the time of arrival at the port of stock.7 first arrival in United States be accom- (f) Any restricted article (except panied by a phytosanitary certificate seeds) of Rubus spp. (cloudberry, black- of inspection containing an accurate berry, boysenberry, dewberry, logan- additional declaration that such arti- berry, raspberry) from Europe at the cles was grown in a greenhouse nursery time of arrival at the port of first ar- and found by the plant protection serv- rival in the United States shall be ac- ice of the country in which grown to be companied by a phytosanitary certifi- free from white rust disease (caused by cate of inspection which shall contain the rust fungus, Puccinia horiana P. an accurate additional declaration that Henn.) based on visual examination of such article was found by the plant the parent stock, of the articles for im- protection service of the country of or- portation, and of the greenhouse nurs- igin to be free of Rubus stunt agent ery in which the articles for importa- based on visual examination and index- tion and the parent stock are grown, ing of the parent stock. once a month for 4 consecutive months (g) Any seed of Cocos nucifera (coco- immediately prior to importation. nut) at the time of arrival at the port (d) Any restricted article (except of first arrival in the United States seeds) of Dianthus spp. (carnation, shall be accompanied by a sweet-william) from Great Britain phytosanitary certificate of inspection shall be grown under postentry quar- which shall contain an accurate addi- antine conditions specified in § 319.37– tional declaration that such seed was 7(c) unless at the time of arrival at the found by the plant protection service of port of first arrival in the United States the phytosanitary certificate of 7 Such testing is done under a Raspberry inspection accompanying such article Plant Certification Program of Canada.
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Costa Rica or of Jamacia to be of Ma- (ii) The seeds have been found by the layan dwarf variety or Maypan variety plant protection service of the country (=F1 hybrid, Malayan Dwarf x Panama in which grown to be free of plum pox Tall) (which are resistant to lethal (Sharka) virus based on the testing of yellowing disease) based on visual ex- parent stock by visual examination amination of the parent stock. and indexing. (h) Any restricted article of Fragaria (2) Seeds of Prunus spp. (almond, spp. (strawberry) from Israel is prohib- apricot, nectarine, peach, plum, and ited as specified in § 319.37–2(a) unless prune, but not species in the subgenus at the time of arrival at the port of Cerasus), from all countries except first arrival in the United States the those in Europe, Cyprus, Syria, and phytosanitary certificate accom- Turkey shall, at the time of arrival at panying the article of Fragaria spp. the port of first arrival in the United contains an additional declaration that States, be accompanied by a stipulates that the parent stock was phytosanitary certificate of inspection, found free of red stele disease pathogen containing an accurate additional dec- as well as any other damaging straw- laration that plum pox (Sharka) virus berry pathogens, based on visual in- does not occur in the country in which spection and indexing. the seeds were grown. (i) Any restricted article of Syringa (k) Any restricted article of Feijoa spp. (lilac) from the Netherlands is pro- (feijoa, pineapple guava) from New Zea- hibited as specified in § 319.37–2(a) un- land shall undergo postentry quar- antine in accordance with § 319.37–7 un- less at the time of arrival at the port of less the article, at the time of arrival first arrival in the United States the at the port of first arrival in the phytosanitary certificate accom- United States, is accompanied by a panying the article of Syringa spp. phytosanitary certificate of inspection, (lilac) contains an accurate additional containing an accurate additional dec- declaration that stipulates that the laration that New Zealand is free of parent stock was found free of plant Monilinia fructigena. diseases by inspection and indexing and (l) Any restricted article of Gladiolus, that the Syringa spp. (lilac) to be im- Watsonia or Crocosmia spp. from Lux- ported were propagated either by root- embourg or Spain shall, at the time of ing cuttings from indexed parent arrival at the port of first arrival in plants or by grafting indexed parent the United States, be accompanied by a plant material on seedling rootstocks, phytosanitary certificate of inspection, and were grown in fumigated soil (fu- containing accurate additional declara- migated by applying 400 to 870 pounds tions that: of methyl bromide per acre and cov- (1) The plants were grown in a dis- ering the soil with a tarpaulin for 7 ease free environment in a greenhouse; days) in a field at least three meters (2) The plants were subjected to 12 from the nearest non-indexed Syringa hours of continuous misting per day spp. (lilac). with water at 15–20 degrees Celsius on 2 (j)(1) Seeds of Prunus spp. (almond, consecutive days; and apricot, nectarine, peach, plum, and (3) The plants were inspected by a prune, but not species in the subgenus plant quarantine official of the country Cerasus) from Belgium, France, Federal where grown 20 days after the comple- Republic of Germany, The Netherlands, tion of the misting and were found free or Great Britain shall, at the time of of gladiolus rust. arrival at the port of first arrival in (m) Any restricted article of Acer the United States, be accompanied by a palmatum or Acer japonicum from the phytosanitary certificate of inspection, Netherlands is prohibited unless the ar- containing accurate additional declara- ticle is accompanied, at the time of ar- tions that: rival at the port of first arrival in the (i) The seeds are from parent stock United States, by a phytosanitary cer- grown in a nursery in Belgium, France, tificate of inspection, containing an ac- Federal Republic of Germany, The curate additional declaration that the Netherlands, or Great Britain that is article is of a nonvariegated variety of free of plum pox (Sharka) virus; and A. palmatum or A. japonicum.
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(n) Any restricted article of Howea cation requirements for gypsy moth in spp. (sentry palm) from Australia or § 319.77–4 of this part. New Zealand, is prohibited as specified (Approved by the Office of Management and in § 319.37–2(a) unless at the time of ar- Budget under control number 0579–0049) rival at the port of first arrival in the United States the phytosanitary cer- [45 FR 31585, May 13, 1980; 45 FR 35305, May tificate accompanying the article of 27, 1980, as amended at 45 FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Howea spp. contains both a declaration Dec. 30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; of origin and a declaration stipulating 59 FR 44610, Aug. 30, 1994; 60 FR 4530, Jan. 24, that the Howea is free of the lethal 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, yellowing pathogen and the cadang- Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999] cadang pathogen, as well as any other damaging palm pathogens, based on § 319.37–6 Specific treatment and visual inspection. other requirements. (o) Any Solanum tuberosum true seed (a) Seeds of Hibiscus spp. (hibiscus, imported from Chile shall, at the time rose mallow) and seeds of Abelmoschus of arrival at the port of first arrival in spp. (okra), from any foreign country the United States, be accompanied by a or locality, at the time of importation phytosanitary certificate of inspection into the United States, shall be treated issued in Chile by the Servicio Agricola for possible infestation with y Ganadero (SAG), containing addi- Pectinophora gossypiella (Saunders) tional declarations that: (pink bollworm) in accordance with the applicable provisions of the Plant Pro- (1) The Solanum spp. true seed was tection and Quarantine Treatment produced by Solanum plants that were Manual.8 propagated from plantlets from the (b) Seeds of Lathyrus spp. (sweet pea, United States; peavine); Lens spp. (lentil); and Vicia (2) The Solanum plants that produced spp. (fava bean, vetch) from countries the Solanum tuberosum true seed were and localities other than those in grown in the Tenth (X) Region of Chile North America and Central America, ° (that area of the country between 39 at the time of importation into the ° and 44 South latitude); and United States, shall be treated for pos- (3) Solanum tuberosum tubers, plants, sible infestation with insects of the and true seed from each field in which family Bruchidae in accordance with the Solanum plants that produced the the applicable provisions of the Plant Solanum tuberosum true seed were Protection and Quarantine Treatment grown have been sampled by SAG once Manual. per growing season at a rate to detect (c) Bulbs of Allium sativum (garlic) 1 percent contamination with a 99 per- from Algeria, Austria, Czechoslovakia, cent confidence level (500 tubers/500 Egypt, France, Greece, Hungary, Iran, plants/500 true seeds per 1 hectare/2.5 Israel, Italy, Morocco, Portugal, Re- acres), and that the samples have been public of South Africa, Spain, Switzer- analyzed by SAG using an enzyme- land, Syria, Turkey, Union of Soviet linked immunosorbent assay (ELISA) Socialist Republics, Federal Republic test or nucleic acid spot hybridization of Germany (West), or Yugoslavia at (NASH) non-reagent test, with nega- the time of importation into the tive results, for Andean Potato Latent United States shall be treated for pos- Virus, Arracacha Virus B, Potato Virus sible infestation with Brachycerus spp. T, the Andean Potato Calico Strain of and Dyspessa ulula (Bkh.) in accordance Tobacco Ringspot Virus, and Potato with the applicable provisions of the Yellowing Virus. Plant Protection and Quarantine (p) In addition to meeting the re- Treatment Manual. quirements of this subpart, any trees (d) Seeds of Guizotia abyssinica (niger with roots and any shrubs with roots seed) from any foreign place, at the and persistent woody stems, unless time of arrival at the port of first ar- greenhouse-grown throughout the year, rival, shall be heat treated for possible that are imported from Canada will be subject to the inspection and certifi- 8 See footnote 6 in § 319.37–4.
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infestation with Cuscuta spp. in accord- (1) If destined for a State that has ance with the applicable provisions of completed a State postentry quar- the Plant Protection and Quarantine antine agreement in accordance with Treatment Manual. paragraph (c) of this section; (e) Seeds of all species of the plant (2) If a postentry quarantine growing family Rutaceae from Afghanistan, An- agreement has been completed and sub- daman Islands, Argentina, Bangladesh, mitted to Plant Protection and Quar- Brazil, Burma, Caroline Islands, antine in accordance with paragraph Comoro Islands, Fiji Islands, Home Is- (d) of this section. The agreement must land in Cocos (Keeling) Islands, Hong be signed by the person (the importer) Kong, India, Indonesia, Ivory Coast, applying for a written permit for im- Japan, Kampuchea, Korea, Mada- portation of the article in accordance gascar, Malaysia, Mauritius, Mozam- with § 319.37–3; and, bique, Nepal, Oman, Pakistan, Papua (3) If Plant Protection and Quar- New Guinea, Paraguay, Peoples Repub- antine has determined that the com- lic of China, Philippines, Reunion Is- pleted postentry quarantine growing land, Rodriquez Islands, Ryukyu Is- agreement fulfills the applicable re- lands, Saudi Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thursday Is- quirements of this section and that land, United Arab Emirates, Uruguay, services by State inspectors are avail- Vietnam, Yemen (Sanaa), and Zaire, at able to monitor and enforce the the time of arrival at the port of first postentry quarantine: arrival in the United States shall be treated for possible infection with cit- Restricted Article (ex- Foreign Country(ies) or Locality(ies) cluding seeds) from which imported rus canker by being immersed in water 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 New Guinea, Sri Lanka, at least 2 minutes in a solution con- and Trinidad and Tobago. taining 200 parts per million sodium 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 Japan. from all countries except Canada and 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, (horsechestnut). Federal Republic of Germany, festation with Curculio elephas 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 Berberis spp. (barberry) All. destined to any State chestnut and acorn in accordance with except the eradi- the applicable provisions of the Plant cation States listed in Protection and Quarantine Treatment ¤ 301.38Ð2a of this chapter (plants of all Manual. species and horti- cultural varieties des- [45 FR 31585, May 13, 1980; 45 FR 35305, May ignated as resistant 27, 1980, as amended at 45 FR 49504, July 25, to black stem rust in 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR accordance with 62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996] ¤ 301.38Ð1 of this chapter). § 319.37–7 Postentry quarantine. Blighia sapida (akee) ... All except Canada, Ivory Coast, and Nigeria. (a) The following restricted articles, Bromeliaceae All. from the designated countries and lo- (bromeliads) destined calities, and any increase therefrom to Hawaii. Cedrus spp. (cedar) ..... All except Canada and Europe. must be grown under postentry quar- Chaenomeles spp. Countries listed in ¤ 319.37Ð5(b) antine conditions specified in para- (flowering quince) except Canada. graphs (c) and (d) of this section, and meeting the condi- tions for importation may be imported or offered for impor- in ¤ 319.37Ð5(b). tation into the United States only:
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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
Chrysanthemum spp. All except Argentina, Brazil, Can- Ligustrum spp. (privet) All except Canada and Europe. (chrysanthemum) ada, Canary Islands, Chile, Co- Mahoberberis spp. des- All. meeting the condi- lombia, Europe, Republic of tined to any State ex- tions in ¤ 319.37Ð5(c). South Africa, Uruguay, Ven- cept the eradication ezuela, and all countries, terri- States listed in tories, and possessions of coun- ¤ 301.38Ð2a of this tries located in part or entirely chapter (plants of all between 90° and 180° East lon- species and horti- gitude. cultural varieties des- Crataegus monogyna Europe. ignated as resistant Jacq. (hawthorne, to black stem rust in thorneapple, red accordance with haw). ¤ 301.38Ð1 of this Crocosmia spp. All except Africa, Argentina, Brazil, chapter). (montebretia) (except Canada, France, Italy, Luxem- Mahonia spp. All. bulbs) not meeting bourg, Malta, Mauritius, Portugal, (mahonia) destined the conditions for im- Spain, and Uruguay. to any State except portation in ¤ 319.37Ð the eradication 5(l). States listed in Cydonia spp. (quince) Countries listed in ¤ 319.37Ð5(b) ¤ 301.38Ð2a of this meeting the condi- except Canada. chapter (plants of all tions for importation species and horti- in ¤ 319.37Ð5(b). cultural varieties des- Datura spp...... All except Canada, Colombia and ignated as resistant India. to black stem rust in Dendranthema spp. All except Argentina, Brazil, Can- accordance with (chrysanthemum) ada, Canary Islands, Chile, Co- ¤ 301.38Ð1 of this meeting the condi- lombia, Europe, Republic of chapter). tions in ¤ 319.37Ð5(c). South Africa, Uruguay, Ven- Malus spp. (apple, Countries listed in ¤ 319.37Ð5(b) ezuela, and all countries, terri- crabapple) meeting except Canada. tories, and possessions of coun- the conditions for im- tries located in part or entirely portation in ¤ 319.37Ð between 90° and 180° East lon- 5(b). gitude. Mespilus germanica Countries listed in ¤ 319.37Ð5(b) Dianthus spp. (carna- Great Britain, unless exempted (medlar). except Canada. tion, sweet-william). from postentry quarantine condi- Morus spp. (mulberry) All except Canada, India, Japan, tions pursuant to ¤ 319.37Ð5(d), Korea, People’s Republic of and all other countries and local- China, Thailand, and the geo- ities except Canada. graphic area formerly known as Eucalyptus spp ...... All except Canada, Europe, Sri the Union of Soviet Socialist Re- Lanka, and Uruguay. publics. Euonymus spp. All except Canada, Japan, and Eu- Nut and fruit articles (euonymus). rope. (see fruit and nut arti- Fragaria spp. (straw- All except Australia, Austria, Can- cles). berry). ada, Czechoslovakia, France, Passiflora spp. (passion All except Canada. Great Britain, Italy, Japan, Leb- fruit, granadilla). anon, The Netherlands, New Philadelphus spp. All except Canada and Europe. Zealand, Northern Ireland, Re- (mock orange). public of Ireland, Switzerland, Picea spp. (spruce) ...... All except Canada, Europe, Japan, and Union of Soviet Socialist Re- and Siberia. publics. Pinus spp. (pine) (2-or- All except Canada, Europe, and Fraxinus spp (ash) ...... All except Canada and Europe. 3 leaved). Japan. Fruit and nut articles All except Canada. Populus spp. (aspen, All except Canada and Europe. listed by common cottonwood, poplar). name in paragraph Prunus spp. (almond, Countries listed in ¤ 319.37Ð5(b) (b) of this section. apricot, cherry, cher- except Canada. Gladiolus spp. (glad- All except Africa, Argentina, Brazil, ry laurel, English lau- iolus) (except bulbs) Canada, France, Italy, Luxem- rel, nectarine, peach, not meeting the con- bourg, Malta, Mauritius, Portugal, plum, prune) meeting dition for importation Spain, and Uruguay. the conditions for im- in ¤ 319.37Ð5(l). portation in ¤ 319.37Ð Hibiscus spp. (kenaf, All except Africa, Brazil, Canada, 5(b). hibiscus, rose mal- and India. Pseudolarix spp. (gold- All except Canada, Japan, and Eu- low). en larch). rope. Humulus spp. (hops) ... All. Pseudotsuga spp. All except Canada and Europe. Hydrangea spp. (hy- All except Canada and Japan. (Douglas fir). drangea). Pyrus spp. (pear) meet- Countries listed in ¤ 319.37Ð5(b) Jasminum spp. (jas- All except Canada, Belgium, Fed- ing the conditions for except Canada. mine). eral Republic of Germany, Great importation in Britain, India, and the Philippines. ¤ 319.37Ð5(b). Juniperus spp. (juniper) All except Canada and Europe. Quercus spp. (oak) ...... All except Canada and Japan. Larix spp. (larch) ...... All except Canada, Japan, and Eu- Ribes spp. (currant, All except Canada and Europe. rope. gooseberry).
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Restricted Article (ex- Foreign Country(ies) or Locality(ies) Melicoccus— honeyberry, mamoncilla, cluding seeds) from which imported spanish lime, genip Nephelium— rambutan, pulasan Rosa spp. (rose) ...... All except Australia, Bulgaria, Can- Olea— olive ada, Italy, and New Zealand. Rubus spp. (cloudberry, All unless exempted from postentry Persea— avocado, alligator pear blackberry, boysen- quarantine conditions pursuant to Phoenix— date berry, dewberry, lo- ¤ 319.37Ð5(e). Phyllanthus— otaheite-gooseberry ganberry, raspberry). Pistacia— pistachio Salix spp. (willow) ...... Europe except Federal Republic of Psidium— guava, guayala Germany (West), German Demo- Punica— pomegranate, granada cratic Republic (East), Great Brit- Pyronia— quinpear ain, and The Netherlands. Rhodomyrtus— hill gooseberry, rose myrtle Sorbus spp. (mountain All except Canada, Czechoslovakia, Spondias— yellow mombin, red mombin, ash). Denmark, and Federal Republic of Germany. hog plum Syringa spp. (lilac)...... The Netherlands, if the articles Syzygium— Malayapple, rose apple, java meet the conditions for importa- plum tion in ¤ 319.37Ð5(i), and all other Vaccinium— blueberry, cranberry places except Canada and Eu- Ziziphus— jujube rope. Ulmus spp. (elm) ...... All except Canada and Europe. (c) State Postentry quarantine agree- Watsonia spp. (bugle All except Africa, Argentina, Brazil, ment. (1) Articles required to undergo lily) (except bulbs) Canada, France, Italy, Luxem- not meeting the con- bourg, Malta, Mauritius, Portugal, postentry quarantine in accordance ditions for importation Spain, and Uruguay. with this section may only be imported in ¤ 319.37Ð5(l). if destined for postentry quarantine growing in a State which has entered (b) Fruit and nut articles (common into a written agreement with the Ani- names are listed after scientific mal and Plant Health Inspection Serv- names). ice, signed by the Administrator or his or her designee and by the State Plant Achras—(Synonym for Manilkara) Regulatory Official. In accordance with Annona— custard apple, cherimoya, sweetsop, sugarapple, soursop, bullock’s the laws of individual States, inspec- heart, alligator apple, suncoya, ilama, tion and other postentry quarantine guanabana, pond apple services provided by a State may be Anacardium— cashew subject to charges imposed by the Artocarpus— breadfruit, jackfruit State. Averrhoa— carambola (i) The following States have entered Carica— papaya, pawpaw into a postentry quarantine agreement Carissa— natal plum Ceratonia— St. Johnsbread in accordance with this paragraph: Chrysobalanus— coco plum [Reserved] Chrysophyllum— starapple (2) In any such written agreement, Corylus— filbert, hazel, hazelnut, cobnut the State shall agree to: Crataegus— hawthorne (i) Establish State regulations and Diospyros— persimmon, kaki, mabola requirements prior to the effective Durio— durian date of the agreement and enforce such Eriobotrya— loquat, Japanese medlar, Jap- anese plum regulations and requirements nec- Euphoria— longan essary to inspect sites and plants grow- Eugenia— roseapple, Malayapple, ing in postentry quarantine and to Curacaoapple monitor and enforce compliance with Feijoa— feijoa, pineapple guava (except postentry quarantine growing in ac- from New Zealand if accompanied by a cordance with this section; phytosanitary certificate of inspection in ac- (ii) Review pending permit applica- cordance with § 319.37–5(k)) Ficus— fig tions for articles to be grown under Garcinia— mangosteen, gourka postentry quarantine conditions in the Juglans— walnut, butternut, heartnut, State, upon request of Plant Protec- regranut, buartnut tion and Quarantine, and report to the Lansium— langsat Postentry Quarantine Unit of Plant Litchi— lychee, leechee Protection and Quarantine whether the Macadamia— macadamia nut, queensland State would be able to provide inspec- nut Malpighia— Barbados cherry tion and monitoring services for the Mammea— mammeapple, mamey proposed postentry quarantine; Mangifera— mango (iii) Provide the services of State in- Manilkara— sapodilla spectors to: inspect sites to be used for
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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 safeguards or mitigation measures ap- (d) Postentry quarantine growing agree- proved by Plant Protection and Quar- ments. Any restricted article required antine; and to be grown under postentry quar- (v) Report to the Postentry Quar- antine conditions, as well as any in- antine Unit of Plant Protection and crease therefrom, shall be grown in ac- Quarantine any propagation or in- cordance with a postentry quarantine crease in the number of plants that oc- growing agreement signed by the per- curs during postentry quarantine. son (the importer) applying for a writ- (3) In any such written agreement, ten permit in accordance with § 319.37– the Administrator shall agree to: 3 for importation of the article and (i) Seek State review of permit appli- submitted to Plant Protection and cations for postentry quarantine mate- Quarantine. On each postentry quar- rial in that State, and issue permits antine growing agreement, APHIS only after determining that State serv- shall also obtain the signature of the ices are available to monitor the State Plant Regulatory Official for the postentry quarantine; State in which regulated articles cov- (ii) Upon request of the State, pro- ered by the agreement will be grown. vide training, technical advice, and The postentry quarantine growing pest identification services to State of- agreement shall specify the kind, num- ficials involved in providing postentry ber, and origin of plants to be im- quarantine services in accordance with ported, and shall certify to APHIS and this section; to the State in which the articles are (iii) Notify State officials, in writing grown that the signer of the agreement and within ten days of the arrival, will comply with the following condi- when plant material destined for tions for the period of time specified postentry quarantine in their State ar- below: rives in the United States, and notify (1) To grow such article or increase State officials in writing when mate- therefrom only on specified premises rials in postentry quarantine may be owned, rented, or otherwise in posses- released from quarantine in their sion of the importer, within a space of State. dimensions designated by an inspector,
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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 agreement, destroy, ship to a point other plant pest; outside the United States, move to an (6) To notify an inspector, orally or authorized postentry quarantine site, in writing, within 30 days of the time and/or apply treatments or other safe- the importer or the person in charge of guards to the article, the increase the growing site finds any abnormality therefrom, or any portion of the article of the article, or the article dies or is or the increase therefrom, as pre- killed by the importer, the person in scribed by an inspector to prevent the charge of the growing site, or any introduction of plant pests into the other person; to retain the abnormal or United States. In choosing which ac- dead article for at least 60 days fol- tion to order and in setting the time lowing that date of notification; and to limit for the action, the inspector shall give the abnormal or dead article to an consider the degree of pest risk pre- inspector upon request; sented by the plant pest(s) associated (7) To grow the article or increase with the kind of article (including in- therefrom, if an article of Rubus spp. crease therefrom), the types of other (cloudberry, blackberry, boysenberry, host materials for the pest in or near dewberry, loganberry, raspberry) from the growing site, the climate and sea- Europe, only in a screenhouse with son at the site in relation to the pest’s screening of a minimum of 16 mesh per survival, and the availability of treat- inch; ment facilities. (8) To grow the article or increase (2) Growing at authorized sites. If an therefrom, if an article of Chrysan- inspector determines that any article, themum spp. (chrysanthemum) or or any increase therefrom, grown at a Dianthus spp. (carnation, sweet-wil- site specified in an authorized liam), only in a greenhouse or other en- closed building; and 9 Postentry quarantine agreement forms (9) To comply with the above condi- are available without charge from the Ani- tions for a period of 6 months after im- mal and Plant Health Inspection Service, portation for an article of Chrysan- Plant Protection and Quarantine, Port Oper- ations, Permit Unit, 4700 River Road Unit themum spp. (chrysanthemum), for a 136, Riverdale, Maryland 20737–1236, or local period of 1 year after importation for offices of the Plant Protection and Quar- an article of Dianthus spp. (carnation, antine Programs which are listed in tele- sweet-william), and for a period of 2 phone directories.
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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 7734, or other applicable Federal stat- numbers greater than the number ap- utes. 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 for carrying out all actions specified in (Approved by the Office of Management and the emergency action notification. The Budget under control number 0579–0049) emergency action notification may ex- [45 FR 31585, May 13, 1980; 45 FR 35305, May tend the time for which the articles 27, 1980, as amended at 45 FR 81531, Dec. 11, and the increase therefrom must be 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, grown under the postentry quarantine 43150, Sept. 18, 1992; 58 FR 38267, July 16, 1993; conditions specified in the authorized 58 FR 41124, Aug. 2, 1993; 59 FR 67610, Dec. 30, postentry quarantine growing agree- 1994; 61 FR 51210, Oct. 1, 1996; 66 FR 21056, ment, or may require that the person Apr. 27, 2001] 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 with the kind of article (including in- British Columbia east of the West crease therefrom), the types of other Saanich Road, may be imported in any host materials for the pest in or near growing medium. the growing site, the climate and sea- (c) A restricted article growing solely son at the site in relation to the pest’s in agar or in other transparent or survival, and the availability of treat- translucent tissue culture medium may ment facilities. be imported established in such grow- (3) Costs and charges. All costs pursu- ing media. ant to any action ordered by an inspec- (d) Epiphytic plants (including orchid tor in accordance with this section plants) established solely on tree fern shall be borne by the person who signed slabs, coconut husks, or coconut fiber the postentry quarantine growing agreement covering the site where the may be imported on such growing articles were grown, or if no such media. agreement was signed, by the owner of (e) A restricted article of any of the the articles at the growing site. following groups of plants may be im- (4) Civil and criminal liabilities. Any ported established in an approved person who moves an article subject to growing medium listed in this para- postentry quarantine growing require- graph, if the article meets the condi- ments from the site specified for that tions of this paragraph, and is accom- article in an authorized postentry panied by a phytosanitary certificate quarantine growing agreement, or who issued by the plant protection service otherwise handles such an article con- of the country in which the article was trary to the requirements of this sec- grown that declares that the article tion, shall be subject to such civil pen- meets the conditions of this paragraph:
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Alstroemeria, Ananas,10 Anthurium, Be- be free from sand and soil and must gonia, Gloxinia (= Sinningia), have screening with openings of not Nidularium,11 Peperomia, more than 0.6 mm (0.2 mm for green- Polypodiophyta (=Filicales) (ferns), houses growing Rhododendron spp.) on Rhododendron from Europe, and all vents and openings except Saintpaulia. entryways. All entryways must be (1) Approved growing media are equipped with automatic closing doors; baked expanded clay pellets, cork, (iii) Rooted and grown in an active glass wool, organic and inorganic fi- state of foliar growth for at least four bers, peat, perlite, polymer stabilized consecutive months immediately prior starch, plastic particles, phenol form- to importation into the United States, aldehyde, polyethylene, polystyrene, in a greenhouse unit that is used solely polyurethane, rock wool, sphagnum for articles grown in compliance with moss, ureaformaldehyde, vermiculite, this paragraph; or volcanic rock, or any combination of (iv) Grown from seeds germinated in these media. Growing media must not the greenhouse unit; or descended from have been previously used. a mother plant that was grown for at (2) Articles imported under this para- least 9 months in the exporting coun- graph must be grown in compliance try prior to importation into the with a written agreement for enforce- United States of the descendent plants, ment of this section signed by the provided that if the mother plant was plant protection service of the country imported into the exporting country where grown and Plant Protection and from another country, it must be: Quarantine, must be developed from (A) Grown for at least 12 months in mother stock that was inspected and the exporting country prior to impor- found free from evidence of disease and tation of the descendent plants into pests by an APHIS inspector or foreign the United States, or plant protection service inspector no (B) Treated at the time of importa- more than 60 days prior to the time the tion into the exporting country with a article is established in the greenhouse treatment prescribed for pests of that (except for articles developed from plant by the plant protection service of seeds germinated in the greenhouse), the exporting country and then grown and must be: for at least 9 months in the exporting (i) Grown in compliance with a writ- country prior to importation of the de- ten agreement between the grower and scendent plants into the United States; the plant protection service of the (v) Watered only with rainwater that country where the article is grown, in has been boiled or pasteurized, with which the grower agrees to comply clean well water, or with potable with the provisions of this section and water; to allow inspectors, and representa- (vi) Rooted and grown in approved tives of the plant protection service of growing media listed in § 319.37–8(e)(1) the country where the article is grown, on benches supported by legs and access to the growing facility as nec- raised at least 46 cm above the floor; essary to monitor compliance with the (vii) Stored and packaged only in provisions of this section; areas free of sand, soil, earth, and plant (ii) Grown solely in a greenhouse in pests; which sanitary procedures adequate to (viii) Inspected in the greenhouse and exclude plant pests and diseases are al- found free from evidence of plant pests ways employed, including cleaning and and diseases by an APHIS inspector or disinfection of floors, benches and an inspector of the plant protection tools, and the application of measures service of the exporting country, no to protect against any injurious plant more than 30 days prior to the date of diseases, injurious insect pests, and export to the United States; other plant pests. The greenhouse must (ix) For Rhododendron species only, the plants must be propagated from 10 These articles are bromeliads, and if im- mother plants that have been visually ported into Hawaii, bromeliads are subject to inspected by an APHIS inspector or an postentry quarantine in accordance with inspector of the plant protection serv- § 319.37–7. ice of the exporting country and found
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free of evidence of diseases caused by cerning compliance with the provisions the following pathogens: Chrysomyxa of this section; ledi var. rhododendri, Erysiphe (3) If: (i) Inspected immediately prior cruciferarum, Erysiphe rhododendri, to the growing period by the plant pro- Exobasidium vaccinnum and vaccinum tection service of the country in which var. japonicum, and Phomopsis theae; the article is to be grown and found to and be free of injurious plant diseases, inju- (x) For Rhododendron species only, rious insect pests, and other plant the plants must be grown solely in a pests; greenhouse equipped with automatic (ii) Grown throughout its growing pe- closing double doors of an airlock type, riod only in a coldroom (with tempera- so that whenever one of the doors in an tures not exceeding 9 °C. (48 °F.)) with- entryway is open the other is closed, in an enclosed building; and the plants must be introduced into (iii) Grown only in a coldroom unit the greenhouse as tissue cultures or as solely used for articles grown under all rootless stem cuttings from mother the criteria specified in this paragraph plants that: (f); (A) Have received a pesticide dip pre- (iv) Grown only in unused peat, scribed by the plant protection service sphagnum moss, or vermiculite grow- of the exporting country for mites, ing media; or grown only in synthetic scale insects, and whitefly; and growing media or synthetic horti- (B) Have been grown for at least the cultural foams, i.e., plastic particles, previous 6 months in a greenhouse that glass wool, organic and inorganic fi- meets the requirements of § 319.37– bers, polyurethane, polystyrene, poly- 8(e)(2)(ii). 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
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Quarantine inspector in the country of United States in a way that dem- origin or at the time of offer for impor- onstrates a potential for greater dam- tation, representing a finding based on age potential in the United States; or monitoring inspections that the condi- (v) Non-indigenous or native plant tions listed above are being met. pest that may be able to vector an- (g) Pest risk evaluation standards for other plant pest that meets one of the plants established in growing media. criteria in (g)(2)(i) through (iv) of this When evaluating a request to allow im- section. portation of additional taxa of plants (3) Conduct individual pest risk assess- established in growing media, the Ani- ments. Each of the quarantine pests mal and Plant Health Inspection Serv- identified by application of the criteria ice will conduct the following analysis in paragraph (g)(2) of this section will in determining the pest risks associ- be evaluated based on the following es- ated with each requested plant article timates: and in determining whether or not to (i) Estimate the probability the quar- propose allowing importation into the antine pest will be on, with, or in the United States of the requested plant regulated article at the time of impor- article. tation; (1) Collect commodity information. (i) (ii) Estimate the probability the Determine the kind of growing me- quarantine pest will survive in transit dium, origin and taxon of the regulated on the regulated article and enter the article. United States undetected; (ii) Collect information on the meth- (iii) Estimate the probability of the od of preparing the regulated article quarantine pest colonizing once en- for importation. tered into the United States; (iii) Evaluate history of past plant (iv) Estimate the probability of the pest interceptions or introductions (in- quarantine pest spreading beyond the cluding data from plant protection colonized area; and services of foreign countries) associ- (v) Estimate the actual and perceived ated with each regulated article. economic, environmental and social (2) Catalog quarantine pests. For the damage that would occur if the quar- regulated article specified in an appli- antine pest is introduced, colonizes, cation, determine what plant pests or and spreads. potential plant pests are associated (4) Determine overall estimation of risk with the type of plant from which the based on compilation of component esti- regulated article was derived, in the mates. This step will evaluate whether country and locality of origin. A plant the pest risk of importing a regulated pest that meets one of the following article established in growing media, criteria is a quarantine pest and will be as developed through the estimates of further evaluated in accordance with paragraph (g)(3) of this section, is paragraph (g)(3) of this section: greater than the pest risk of importing (i) Non-indigenous plant pest not the regulated article with bare roots as present in the United States; allowed by § 319.37–8(a). (ii) Non-indigenous plant pest, (i) If the pest risk is determined to be present in the United States and capa- the same or less, the regulated article ble of further dissemination in the established in growing media will be United States; allowed importation under the same (iii) Non-indigenous plant pest that is conditions as the same regulated arti- present in the United States and has cle with bare roots. reached probable limits of its ecologi- (ii) If the pest risk is determined to cal range, but differs genetically from be greater for the regulated article es- the plant pest in the United States in a tablished in growing media, APHIS will way that demonstrates a potential for evaluate available mitigation measures greater damage potential in the United to determine whether they would allow States; safe importation of the regulated arti- (iv) Native species of the United cle. Mitigation measures currently in States that has reached probable limits use as requirements of this subsection, of its ecological range, but differs ge- and any other mitigation methods rel- netically from the plant pest in the evant to the regulated article and
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plant pests involved, will be compared Vegetable fiber when free of pulp, includ- with the individual pest risk assess- ing coconut fiber and Osmunda fiber, but ex- ments in order to determine whether cluding sugarcane fiber and cotton fiber. requiring particular mitigation meas- Volcanic rock. ures in connection with importation of [45 FR 31585, May 13, 1980, as amended at 57 the regulated article would reduce the FR 43151, Sept. 18, 1992; 60 FR 3078, Jan. 13, pest risk to a level equal to or less 1995] than the risk associated with import- ing the regulated article with bare § 319.37–10 Marking and identity. roots as allowed by § 319.37–8(a). If (a) Any restricted article for impor- APHIS determines that use of par- tation other than by mail, at the time ticular mitigation measures could re- of importation or offer for importation duce the pest risk to this level, and de- into the United States shall plainly termines that sufficient APHIS re- and correctly bear on the outer con- sources are available to implement or tainer (if in a container) or the re- ensure implementation of the appro- priate mitigation measures, APHIS stricted article (if not in a container) will propose to allow importation into the following information: the United States of the requested reg- (1) General nature and quantity of ulated article if the appropriate miti- the contents, gation measures are employed. (2) Country and locality where 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. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, owner, or person shipping or for- Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999] warding the article, (4) Name and address of consignee, § 319.37–9 Approved packing material. (5) Identifying shipper’s mark and Any restricted article at the time of number, and importation or offer for importation (6) Number of written permit author- into the United States shall not be izing the importation if one was issued. packed in a packing material unless (b) Any restricted article for impor- the plants were packed in the packing tation by mail shall be plainly and cor- material immediately prior to ship- rectly addressed and mailed to the ment; such packing material is free Plant Protection and Quarantine Pro- from sand, soil, or earth (except for grams at a port of entry listed in sand designated below); has not been § 319.37–14, shall be accompanied by a used previously as packing material or separate sheet of paper within the otherwise; and is listed below: package plainly and correctly bearing Baked or expanded clay pellets. the name, address, and telephone num- Buckwheat hulls. ber of the intended recipient, and shall Coral sand from Bermuda, if the article plainly and correctly bear on the outer packed in such sand is accompanied by a container the following information: phytosanitary certificate of inspection con- (1) General nature and quantity of taining an accurate additional declaration from the plant protection service of Bermuda the contents, that such sand was free from soil. (2) Country and locality where Excelsior. grown, Exfoliated vermiculite. (3) Name and address of shipper, Ground cork. owner, or person shipping or for- Ground peat. warding the article, and Ground rubber. (4) Number of written permit author- Paper. izing the importation, if one was Perlite. issued. Polymer stabilized cellulose. (c) Any restricted article for impor- Quarry gravel. Rock wool. tation (by mail or otherwise), at the Sawdust. time of importation or offer for impor- Shavings—wood or cork. tation into the United States shall be Sphagnum moss. accompanied by an invoice or packing
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list indicating the contents of the ship- under an inspector’s supervision at a ment. government-operated special inspec- tion facility, except that an importer (Approved by the Office of Management and Budget under control number 0579–0049) may have such treatment performed at a nongovernmental facility if the [45 FR 31585, May 13, 1980, as amended at 48 treatment is performed at nongovern- FR 57466, Dec. 30, 1983] ment expense under the supervision of § 319.37–11 Arrival notification. an inspector and in accordance with any applicable treatment requirements Promptly upon arrival of any re- of this subpart and in accordance with stricted article at a port of entry, the any treatment required by an inspector importer shall notify the Plant Protec- as an emergency measure in order to tion and Quarantine Programs of the prevent the dissemination of any inju- arrival by such means as a manifest, rious plant disease, injurious insect Customs entry document, commercial pest, or other plant pest, new to or not invoice, waybill, a broker’s document, theretofore known to be widely preva- or a notice form provided for that pur- lent or distributed within and through- pose. out the United States. However, treat- (Approved by the Office of Management and ment may be performed at a non- Budget under control number 0579–0049) 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- spector, such article can be transported § 319.37–12 Prohibited articles accom- to such nongovernmental facility with- panying restricted articles. 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 eases, injurious insect pests, or other packed in the same container as an ar- plant pests. ticle prohibited importation into the [45 FR 31585, May 13, 1980, as amended at 57 United States by this part or part 321. FR 43148, 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996] § 319.37–13 Treatment and costs and charges for inspection and treat- § 319.37–14 Ports of entry. ment. (a) Any restricted article required to (a) The services of a Plant Protection be imported under a written permit and Quarantine inspector during regu- pursuant to § 319.37–3(a) (1) through (6) larly assigned hours of duty and at the of this subpart, shall be imported or of- usual places of duty shall be furnished fered for importation only at a port of without cost to the importer. 11 No entry designated by an asterisk in charge will be made to the importer for paragraph (b) of this section; any other Government owned or controlled spe- restricted article shall be imported or cial inspection facilities and equipment offered for importation at any port of used in treatment, but the inspector entry listed in paragraph (b) of this may require the importer to furnish section. any special labor, chemicals, packing (b) Any restricted article from Can- materials, or other supplies required in ada not required to be imported under handling an importation under the reg- a written permit pursuant to § 319.37– ulations in this subpart. The Plant 3(a) (1) through (6) of this subpart may Protection and Quarantine Programs be imported at any port of entry listed will not be responsible for any costs or in this paragraph, or at any Customs charges, other than those indicated in designated port of entry on the United this section. States-Canada border (Customs des- (b) Any treatment performed in the ignated ports of entry are listed in 19 United States on a restricted article CFR part 101). shall be performed by an inspector or 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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Subpart—Logs, Lumber, and Other microorganisms that cause decay and Unmanufactured Wood Articles the breakdown of cell walls in the regu- lated articles. General permit. A written authoriza- SOURCE: 60 FR 27674, May 25, 1995, unless otherwise noted. tion contained in § 319.40–3 for any per- son to import the articles named by § 319.40–1 Definitions. the general permit, in accordance with the requirements specified by the gen- Administrator. The Administrator of eral permit, without being issued a spe- the Animal and Plant Health Inspec- cific permit. tion Service, United States Depart- ment of Agriculture, or any employee Humus, compost, and litter. Partially of the United States Department of Ag- or wholly decayed plant matter. riculture delegated to act in his or her Import (imported, importation). To stead. bring or move into the territorial lim- APHIS. The Animal and Plant Health its of the United States. Inspection Service, United States De- Importer document. A written declara- partment of Agriculture. tion signed by the importer of regu- Bark chips. Bark fragments broken or lated articles, which must accompany shredded from log or branch surfaces. the regulated articles at the time of Certificate. A certificate of inspection importation, in which the importer ac- relating to a regulated article, which is curately declares information about issued by an official authorized by the the regulated articles required to be national government of the country in disclosed by § 319.40–2(b). which the regulated article was pro- Importer statement. A written declara- duced or grown, which contains a de- tion by the importer, for a shipment scription of the regulated article, containing solid wood packing mate- which certifies that the regulated arti- rial from the Peoples Republic of China cle has been inspected, is believed to be including Hong Kong, affirming that free of plant pests, and is believed to be the importer has on file at his or her eligible for importation pursuant to office the certificate required under the laws and regulations of the United § 319.40–5(g)(2)(i). States, and which may contain any Inspector. Any individual authorized specific additional declarations re- by the Administrator to enforce this quired under this subpart. subpart. Compliance agreement. A written Log. The bole of a tree; trimmed tim- agreement between APHIS and a per- ber that has not been sawn further son engaged in processing, handling, or than to form cants. moving regulated articles, in which the Loose wood packing material. Excelsior person agrees to comply with require- (wood wool), sawdust, and wood ments contained in the agreement. shavings, produced as a result of saw- Departmental permit. A document ing or shaving wood into small, slen- issued by the Administrator author- der, and curved pieces. izing the importation of a regulated ar- Lot. All the regulated articles on a ticle for experimental, scientific, or single means of conveyance that are educational purposes. derived from the same species of tree Exporter statement. A written declara- and were subjected to the same treat- tion by the exporter, accompanying a ments prior to importation, and that shipment at the time of importation, are consigned to the same person. declaring the nature of the shipment Lumber. Logs that have been sawn and that the shipment contains no into boards, planks, or structural mem- solid wood packing material. bers such as beams. Fines. Small particles or fragments of Permit. A specific permit to import a wood, slightly larger than sawdust, regulated article issued in accordance that result from chipping, sawing, or with § 319.40–4, or a general permit pro- processing wood. mulgated in § 319.40–3. Free from rot. No more than two per- Plant pest. Any living stage of any in- cent by weight of the regulated articles sects, mites, nematodes, slugs, snails, in a lot show visual evidence of fruc- protozoa, or other invertebrate ani- tification of fungi or growth of other mals, bacteria, fungi, other parasitic
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plants or reproductive parts of para- Treatment Manual. The Plant Protec- sitic plants, noxious weeds, viruses, or tion and Quarantine Treatment Man- any organism similar to or allied with ual, which is incorporated by reference any of the foregoing, or any infectious at § 300.1 of this chapter in accordance substances, which can injure or cause with 5 U.S.C. 552(a) and 1 CFR part 51. disease or damage in any plants, parts Tropical hardwoods. Hardwood timber of plants, or any products of plants. species which grow only in tropical cli- Port of first arrival. The area (such as mates. a seaport, airport, or land border sta- United States. All of the States of the tion) where a person or a means of con- United States, the District of Colum- veyance first arrives in the United bia, Guam, the Northern Mariana Is- States, and where inspection of regu- lands, Puerto Rico, the Virgin Islands lated articles is carried out by inspec- of the United States, and all other ter- tors. ritories and possessions of the United Primary processing. Any of the fol- States. lowing processes: cleaning (removal of Wood chips. Wood fragments broken soil, limbs, and foliage), debarking, or shredded from any wood. rough sawing (bucking or squaring), Wood mulch. Bark chips, wood chips, rough shaping, spraying with fungicide wood shavings, or sawdust intended for or insecticide sprays, and fumigation. use as a protective or decorative ground cover. Regulated article. The following arti- cles, if they are unprocessed or have re- [60 FR 27674, May 25, 1995, as amended at 63 ceived only primary processing: logs; FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, lumber; any whole tree; any cut tree or 1998; 65 FR 21127, Apr. 20, 2000] any portion of a tree, not solely con- § 319.40–2 General prohibitions and re- sisting of leaves, flowers, fruits, buds, strictions; relation to other regula- or seeds; bark; cork; laths; hog fuel; tions. sawdust; painted raw wood products; (a) Permit required. Except for regu- excelsior (wood wool); wood chips; lated articles exempted from this re- wood mulch; wood shavings; pickets; quirement by paragraph (c) of this sec- stakes; shingles; solid wood packing tion or § 319.40–3, no regulated article materials; humus; compost; and litter. may be imported unless a specific per- Sealed container; sealable container. A mit has been issued for importation of completely enclosed container designed the regulated article in accordance for the storage or transportation of with § 319.40–4, and unless the regulated cargo, and constructed of metal or fi- article meets all other applicable re- berglass, or other rigid material, pro- quirements of this subpart and any re- viding an enclosure which prevents the quirements specified by APHIS in the entrance or exit of plant pests and is specific permit. accessed through doors that can be (b) Importer document; documentation closed and secured with a lock or seal. of type, quantity, and origin of regulated Sealed (sealable) containers are dis- articles. Except for regulated articles tinct and separable from the means of exempted from this requirement by conveyance carrying them. paragraph (c) of this section or § 319.40– Solid wood packing material. Wood 3, no regulated article may be imported packing materials other than loose unless it is accompanied by an im- wood packing materials, used or for use porter document stating the following with cargo to prevent damage, includ- information. A certificate that con- ing, but not limited to, dunnage, crat- tains this information may be used in ing, pallets, packing blocks, drums, lieu of an importer document at the op- cases, and skids. tion of the importer: Specific permit. A written document (1) The genus and species of the tree issued by APHIS to the applicant in ac- from which the regulated article was cordance with § 319.40–4 that authorizes derived; importation of articles in accordance (2) The country, and locality if with this subpart and specifies or refers known, where the tree from which the to the regulations applicable to the regulated article was derived was har- particular importation. vested;
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(3) The quantity of the regulated ar- (1) The article was imported in the ticle to be imported; same container or hold as a regulated (4) The use for which the regulated article; article is imported; and (2) Other articles of the same type (5) Any treatments or handling of the imported from the same country have regulated article required by this sub- been found to carry plant pests; or part that were performed prior to ar- (3) The article appears to be contami- rival at the port of first arrival. nated with regulated articles or soil. (c) Regulation of articles imported for (f) In addition to meeting the re- propagation or human consumption. The quirements of this subpart, logs and requirements of this subpart do not pulpwood with bark attached imported apply to regulated articles that are al- from Canada are subject to the inspec- lowed importation in accordance with tion and certification requirements for § 319.19, ‘‘Subpart—Citrus Canker and gypsy moth in § 319.77–4 of this part. Other Citrus Diseases’’, or §§ 319.37 [60 FR 27674, May 25, 1995, as amended at 63 through 319.37–14, ‘‘Subpart—Nursery FR 13485, Mar. 20, 1998; 64 FR 45866, Aug. 23, Stock, Plants, Roots, Bulbs, Seeds, and 1999] Other Plant Products’’; or to regulated articles imported for human consump- § 319.40–3 General permits; articles tion that are allowed importation in that may be imported without a accordance with §§ 319.56 through specific permit; articles that may be imported without either a specific 319.56–8, ‘‘Subpart—Fruits and Vegeta- permit or an importer document. bles.’’ (d) Regulated articles imported for ex- (a) Canada and Mexico. APHIS hereby perimental, scientific or educational pur- issues a general permit to import arti- poses. Any regulated article may be im- cles authorized by this paragraph. Reg- ported without further restriction ulated articles from Canada and from states in Mexico adjacent to the United under this subpart if: States border, other than regulated ar- (1) Imported by the United States De- ticles of the subfamilies Aurantioideae, partment of Agriculture for experi- Rutoideae, and Toddalioideae of the mental, scientific, or educational pur- botanical family Rutaceae, may be im- poses; ported without restriction under this (2) Imported pursuant to a Depart- subpart, except that they must be ac- mental permit issued by APHIS for the companied by an importer document regulated article prior to its importa- stating that the regulated articles are tion and kept on file at the port of first derived from trees harvested in, and arrival; and have never been moved outside, Canada (3) Imported under conditions speci- or states in Mexico adjacent to the fied on the Departmental permit and United States border, and except that found by the Administrator to be ade- they are subject to the inspection and quate to prevent the introduction into other requirements in § 319.40–9. the United States of plant pests. (b) Solid wood packing materials—(1) (e) Designation of additional regulated Free of bark; used with non-regulated ar- articles. An inspector may designate ticles. APHIS hereby issues a general any article as a regulated article by permit to import regulated articles au- giving written notice of the designa- thorized by this paragraph, except that tion to the owner or person in posses- solid wood packing material from the sion or control of the article. APHIS People’s Republic of China including will implement rulemaking to add arti- Hong Kong must be imported in ac- cles designated as regulated articles to cordance with § 319.40–5(g), (h), and (i). the definition of regulated article in Solid wood packing materials that are § 319.40–1 if importation of the article completely free of bark and are in ac- appears to present a recurring signifi- tual use at the time of importation as cant risk of introducing plant pests. In- packing materials for articles which spectors may designate an article as a are not regulated articles may be im- regulated article after determining ported without restriction under this that: subpart, except that:
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(i) The solid wood packing materials (i) The solid wood packing materials are subject to the inspection and other are subject to the inspection and other requirements in § 319.40–9; and requirements in § 319.40–9; (ii) The solid wood packing materials (ii) The solid wood packing materials must be accompanied at the time of must be accompanied at the time of importation by an importer document, importation by an importer document, stating that the solid wood packing stating that the solid wood packing materials are totally free from bark, materials have been heat treated, fu- and apparently free from live plant migated, or treated with preservatives pests. in accordance with § 319.40–7. (2) Free of bark; used with regulated ar- (4) Pallets moved as cargo. APHIS ticles. APHIS hereby issues a general permit to import regulated articles au- hereby issues a general permit to im- thorized by this paragraph, except that port regulated articles authorized by solid wood packing material from the this paragraph. Pallets that are com- People’s Republic of China including pletely free of bark and that are not in Hong Kong must be imported in ac- actual use as packing at the time of cordance with § 319.40–5(g), (h), and (i). importation (i.e., pallets moved as Solid wood packing materials that are cargo) may be imported without re- completely free of bark and are in ac- striction under this subpart, except tual use at the time of importation as that: packing materials for regulated arti- (i) The pallets are subject to the in- cles may be imported without restric- spection and other requirements in tion under this subpart, except that: § 319.40–9; and (i) The solid wood packing materials (ii) The pallets are accompanied by are subject to the inspection and other an importer document stating that the requirements in § 319.40–9; pallets were previously eligible for im- (ii) The solid wood packing materials portation in accordance with para- must be accompanied at the time of graph (b) of this section and have not importation by an importer document, had wood added to them since that use. stating that the solid wood packing Solid wood packing materials other materials are totally free from bark, than pallets that are imported as cargo and apparently free from live plant must be imported in accordance with pests; and (iii) The solid wood packing mate- the requirements of this subpart for rials must be accompanied at the time raw lumber. of importation by an importer docu- (c) Loose wood packing materials. ment, stating that the solid wood pack- APHIS hereby issues a general permit ing materials have been heat treated, to import regulated articles authorized fumigated, or treated with preserva- by this paragraph. Loose wood packing tives in accordance with § 319.40–7, or materials (whether in use as packing or meet all the importation and entry imported as cargo) that are dry may be conditions required for the regulated imported subject to the inspection and article the solid wood packing material other requirements in § 319.40–9 and is used to move. without further restriction under this (3) Not free of bark; used with regulated subpart. or nonregulated articles. APHIS hereby (d) Bamboo timber. APHIS hereby issues a general permit to import regu- issues a general permit to import regu- lated articles authorized by this para- lated articles authorized by this para- graph, except that solid wood packing graph. Bamboo timber which is free of material from the People’s Republic of leaves and seeds and has been sawn or China including Hong Kong must be split lengthwise and dried may be im- imported in accordance with § 319.40– ported subject to the inspection and 5(g), (h), and (i). Solid wood packing other requirements in § 319.40–9 and materials that are not completely free of bark and are in actual use as pack- without further restriction under this ing at the time of importation may be subpart. imported without restriction under (e) Regulated articles the permit process this subpart, except that: has determined to present no plant pest
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risk. Regulated articles for which a spe- (6) Whether the regulated article will cific permit has been issued in accord- or will not be imported in a sealed con- ance with § 319.40–4(b)(2)(i) may be im- tainer or in a hold; ported without other restriction under (7) The means of conveyance to be this subpart, except that they are sub- used to import the regulated article; ject to the inspection and other re- (8) The intended port of first arrival quirements in § 319.40–9. in the United States of the regulated [60 FR 27674, May 25, 1995, as amended at 63 article, and any subsequent ports in FR 50110, Sept. 18, 1998; 63 FR 69542, Dec. 17, the United States at which regulated 1998] articles may be unloaded; (9) The destination and general in- § 319.40–4 Application for a permit to tended use of the regulated article; import regulated articles; issuance (10) The name and address of the ap- and withdrawal of permits. plicant and, if the applicant’s address (a) Application procedure. A written is not within the United States, the application for a permit 1 must be sub- name and address of an agent in the mitted to the Animal and Plant Health United States whom the applicant Inspection Service, Plant Protection names for acceptance of service of and Quarantine, Port Operations Per- process; and mit Unit, 4700 River Road Unit 136, Riv- (11) A statement certifying the appli- erdale, MD 20737–1236. The completed cant as the importer of record. application must include the following (b) Review of application and issuance information: of permit. After receipt and review of (1) The specific type of regulated ar- the application, APHIS shall determine ticle to be imported, including the whether it appears that the regulated genus and species name of the tree article at the time of importation will from which the regulated article was meet either the specific importation derived; requirements in § 319.40–5 or the uni- (2) Country, and locality if known, versal importation requirements in where the tree from which the regu- § 319.40–6. lated article was derived was har- (1) If it appears that the regulated ar- vested; ticle proposed for importation will (3) The quantity of the regulated ar- meet the requirements of either ticle to be imported; § 319.40–5 or § 319.40–6, a permit stating (4) A description of any processing, the applicable conditions for importa- treatment or handling of the regulated tion under this subpart shall be issued article to be performed prior to impor- for the importation of the regulated ar- tation, including the location where ticle identified in the application. any processing or treatment was or (2) If it appears that the regulated ar- will be performed and the names and ticle proposed for importation will not dosage of any chemicals employed in meet the requirements of either treatments; § 319.40–5 or § 319.40–6 because these sec- (5) A description of any processing, tions do not address the particular reg- treatment, or handling of the regulated ulated article identified in the applica- article intended to be performed fol- tion, APHIS shall review the applica- lowing importation, including the loca- tion by applying the plant pest risk as- tion where any processing or treatment sessment standards specified in § 319.40– will be performed and the names and 11. dosage of any chemicals employed in (i) If this review reveals that impor- treatments; tation of the regulated article under a permit and subject to the inspection 1 Application forms for permits are avail- and other requirements in § 319.40–9, able without charge from the Administrator, but without any further conditions, c/o the Permit Unit, Plant Protection and will not result in the introduction of Quarantine, Animal and Plant Health In- plant pests into the United States, a spection Service, U.S. Department of Agri- culture, 4700 River Road, Riverdale, MD permit for importation of the regulated 20737, or local offices of Plant Protection and article shall be issued. The permit may Quarantine, which are listed in telephone di- only be issued in unique and unforeseen rectories. circumstances when the importation of
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the regulated article is not expected to appeal as promptly as circumstances recur. permit. If there is a conflict as to any (ii) If this review reveals that the material fact and the person from regulated article may be imported whom the permit is withdrawn re- under conditions that would reduce the quests a hearing, a hearing shall be plant pest risk to an insignificant held to resolve the conflict. Rules of level, APHIS may implement rule- practice concerning the hearing shall making to add the additional condi- be adopted by the Administrator. tions to this subpart, and after the reg- [60 FR 27674, May 25, 1995, as amended at 66 ulations are effective, may issue a per- FR 21056, Apr. 27, 2001] mit for importation of the regulated article. § 319.40–5 Importation and entry re- (3) No permit will be issued to an ap- quirements for specified articles. plicant who has had a permit with- (a) Bamboo timber. Bamboo timber drawn under paragraph (d) of this sec- consisting of whole culms or canes may tion during the 12 months prior to re- be imported into Guam or the Northern ceipt of the permit application by Mariana Islands subject to inspection APHIS, unless the withdrawn permit and other requirements of § 319.40–9. has been reinstated upon appeal. Bamboo timber consisting of whole (c) Permit does not guarantee eligibility culms or canes that are completely dry for import. Even if a permit has been as evidenced by lack of moisture in issued for the importation of a regu- node tissue may be imported into any lated article, the regulated article may part of the United States subject to in- be imported only if all applicable re- spection and other requirements of quirements of this subpart are met and § 319.40–9. only if an inspector at the port of first (b) Monterey pine logs and lumber from arrival determines that no remedial Chile and New Zealand; Douglas-fir logs measures are necessary pursuant to the and lumber from New Zealand—(1) Logs— Plant Protection Act with respect to (i) Requirements prior to importation. 2 the regulated article. Monterey or Radiata pine (Pinus (d) Denial and withdrawal of permits. radiata) logs from Chile or New Zealand Any permit which has been issued may and Douglas-fir (Pseudotsuga menziesii) be withdrawn by an inspector or the logs from New Zealand that are accom- Administrator if he or she determines panied by a certificate stating that the that the person to whom the permit logs meet the requirements of para- was issued has violated any require- graph (b)(1)(i) (A) through (D) of this ment of this subpart. If the withdrawal section, and that are consigned to a fa- is oral, the decision to withdraw the cility in the United States that oper- permit and the reasons for the with- ates in accordance with § 319.40–8, may drawal of the permit shall be confirmed in writing as promptly as cir- be imported in accordance with para- cumstances permit. Any person whose graphs (b)(1)(i)(A) through (b)(1)(iii) of permit has been denied or withdrawn this section. may appeal the decision in writing to (A) The logs must be from live the Administrator within 10 days after healthy trees which are apparently free receiving the written notification of of plant pests, plant pest damage, and the withdrawal. The appeal shall state decay organisms. all of the facts and reasons upon which (B) The logs must be debarked in ac- the person relies to show that the per- cordance with § 319.40–7(b) prior to fu- mit was wrongfully denied or with- migation. drawn. The Administrator shall grant (C) The logs and any solid wood pack- or deny the appeal, in writing, stating ing materials to be used with the logs the reasons for granting or denying the during shipment to the United States must be fumigated in accordance with § 319.40–7(f)(1), within 45 days following 2 An inspector may hold, seize, quarantine, the date the trees are felled and prior treat, apply other remedial measures to, de- stroy, or otherwise dispose of plants, plant to arrival of the logs in the United pests, or other articles in accordance with States, in the holds or in sealable con- sections 414, 421, and 434 of the Plant Protec- tainers. Fumigation must be conducted tion Act (7 U.S.C. 7714, 7731, and 7754). in the same sealable container or hold
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in which the logs and solid wood pack- § 319.40–7(d), or other processing that ing materials are exported to the will destroy any plant pests associated United States. with the sawdust, wood chips, and (D) During shipment to the United waste. Composting and use of the saw- States, no other regulated article is dust, wood chips, and waste as mulch permitted on the means of conveyance are prohibited unless composting and with the logs, unless the logs and the use as mulch are preceded by fumiga- other regulated articles are in separate tion in accordance with § 319.40–7(f)(3), holds or separate sealed containers, or, heat treatment in accordance with if the logs and other regulated articles § 319.40–7(c), or heat treatment with are mixed in a hold or sealed container, moisture reduction in accordance with the other regulated articles either have § 319.40–7(d). Wood chips, sawdust, and been heat treated with moisture reduc- waste may be moved in enclosed trucks tion in accordance with § 319.40–7(d), or for processing at another facility oper- have been fumigated in the hold or ating under a compliance agreement in sealable container in accordance with accordance with § 319.40–8. paragraph (b)(1)(i)(C) of this section. (2) Raw lumber. Raw lumber, includ- (ii) Requirements upon arrival in the ing solid wood packing materials im- United States. The following require- ported as cargo, from Chile or New Zea- ments apply upon arrival of the logs in land derived from Monterey or Radiata the United States. pine (Pinus radiata) logs and raw lum- (A) The logs must be kept segregated ber from New Zealand derived from from other regulated articles from the Douglas-fir (Pseudotsuga menziesii) logs time of discharge from the means of may be imported in accordance with conveyance until the logs are com- paragraphs (b)(2) (i) and (ii) of this sec- pletely processed at a facility in the tion. United States that operates under a (i) During shipment to the United compliance agreement in accordance States, no other regulated article with § 319.40–8. (other than solid wood packing mate- (B) The logs must be moved from the rials) is permitted on the means of con- port of first arrival to the facility that veyance with the raw lumber, unless operates under a compliance agree- ment in accordance with § 319.40–8 by as the raw lumber and the other regulated direct a route as reasonably possible. articles are in separate holds or sepa- (iii) Requirements at the processing fa- rate sealed containers; Except for mixed cility. The logs must be consigned to a shipments of logs and raw lumber fumi- facility operating under a compliance gated in accordance with § 319.40–7(f)(2) agreement in accordance with § 319.40–8 and moved in accordance with para- that includes the following require- graph (b)(1)(i)(D) of this section. Raw ments: lumber on the vessel’s deck must be in (A) Logs or any products generated a sealed container. from logs, including lumber, must be (ii) The raw lumber must be con- heat treated in accordance with signed to a facility operating under a § 319.40–7(c), or heat treated with mois- compliance agreement in accordance ture reduction in accordance with with § 319.40–8 that requires the raw § 319.40–7(d). lumber to be heat treated in accord- (B) The logs, including sawdust, wood ance with § 319.40–7(c) or heat treated chips, or other products generated from with moisture reduction in accordance the logs in the United States, must be with § 319.40–7(d) before any cutting, processed in accordance with para- planing, or sawing of the raw lumber, graph (b)(1)(iii) of this section within 60 and within 30 days from the time the days from the time the logs are re- lumber is released from the port of leased from the port of first arrival. first arrival. (C) Sawdust, wood chips, and waste (c) Tropical hardwoods—(1) Debarked. generated by sawing or processing the Tropical hardwood logs and lumber logs must be disposed of by burning, that have been debarked in accordance heat treatment in accordance with with § 319.40–7(b) may be imported sub- § 319.40–7(c), heat treatment with mois- ject to the inspection and other re- ture reduction in accordance with quirements of § 319.40–9.
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(2) Not debarked. Tropical hardwood erwise, merchandise exported from the logs that have not been debarked may Peoples Republic of China including be imported if fumigated in accordance Hong Kong that is accompanied by with § 319.40–7(f)(1) prior to arrival in solid wood packing material may only the United States. be entered into the United States in ac- (3) Not debarked; small lots. Tropical cordance with this paragraph (g) and hardwood logs that have not been de- paragraph (i) of this section. This re- barked may be imported into the striction applies to both merchandise United States, other than into Hawaii, that originated in the Peoples Republic Puerto Rico, or the Virgin Islands of of China including Hong Kong and mer- the United States, if imported in a lot chandise that entered the Peoples Re- of 15 or fewer logs and subject to the public of China including Hong Kong inspection and other requirements of for further processing or packaging, re- § 319.40–9. gardless of whether the merchandise (d) Temperate hardwoods. Temperate moves directly from the Peoples Re- hardwood logs and lumber (with or public of China including Hong Kong to without bark) from all places except the United States or transits other places in Asia that are east of 60° East countries en route to the United Longitude and north of the Tropic of States. Cancer may be imported if fumigated (1) Prior to exportation from the Peo- in accordance with § 319.40–7(f) prior to ples Republic of China including Hong arrival in the United States and sub- Kong, any solid wood packing material ject to the inspection and other re- must be heat treated, fumigated and quirements of § 319.40–9. aerated, or treated with preservatives, (e) Regulated articles associated with using a treatment schedule contained exclusively tropical climate pests. Regu- in § 319.40–7 or in the Plant Protection lated articles that have been identified and Quarantine Treatment Manual, by a plant pest risk assessment as asso- which is incorporated by reference at ciated solely with plant pests that can § 300.1 of this chapter. During the entire successfully become established only in interval between treatment and export tropical or subtropical climates may be the solid wood packing material must imported if: be stored, handled, or safeguarded in a (1) The regulated article is imported manner which excludes any infestation only to a destination in the conti- of the solid wood packing material by nental United States; and, plant pests. (2) the regulated article is not im- (2) Any merchandise accompanied by ported into any tropical or subtropical solid wood packing material exported areas of the United States specified in from the Peoples Republic of China in- the permit. cluding Hong Kong may only be en- (f) Cross-ties (railroad ties) from all tered if the importer has on file at its places except places in Asia that are office, and retains there for a period of east of 60° East Longitude and north of one year following the date of importa- the Tropic of Cancer may be imported tion, the following documents: if completely free of bark and accom- (i) A certificate signed by an official panied by an importer document stat- of the applicable government agency ing that the cross-ties will be pressure authorized by the government of the treated within 30 days following the Peoples Republic of China or the gov- date of importation. ernment of the Hong Kong Special Ad- (g) Solid wood packing material and ministrative Region, stating that the merchandise from the Peoples Republic of solid wood packing material, prior to China including Hong Kong. This para- export from the Peoples Republic of graph does not apply to shipments China including Hong Kong, has been transitting the Peoples Republic of heat treated, fumigated and aerated, or China including Hong Kong from other treated with preservatives using a countries en route to the United treatment schedule contained in States, unless merchandise or solid § 319.40–7 or in the Plant Protection and wood packing material is added to such Quarantine Treatment Manual, and shipments while in the Peoples Repub- (ii) An importer statement (a written lic of China including Hong Kong. Oth- statement by the importer affirming
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that the importer has on file at his or pests, the inspector may allow the im- her office the certificate required porter to separate the merchandise under paragraph (g)(2)(i) of this sec- from the solid wood packing material tion). at a location and within a time period (3) In addition to the document re- specified by the inspector to prevent quirements of paragraph (g)(2) of this the dissemination of plant pests, and section, a copy of the certificate must destroy or reexport the solid wood accompany all shipments that do not packing material under supervision of enter using the United States Customs an inspector. The means used to de- Service’s electronic entry filing and stroy solid wood packing material Automated Broker Interface. under this section must be inciner- (4) Upon the request of an APHIS in- ation, or chipping followed by inciner- spector or a United States Customs ation. The importer shall be respon- Service officer, the importer must sible for all costs associated with in- produce a copy of the certificate and spection, separation, and destruction importer statement issued for any or reexportation of any solid wood shipment. packing material, including costs of (5) At their option, in order to expe- the services of an inspector to monitor dite release of a shipment, an importer such activities, in accordance with may provide a certificate to the APHIS § 354.3(j) of this chapter. Any such costs inspector at the port of first arrival may be charged to the importer’s cus- prior to the arrival of the shipment. toms bond. Exporters may also at their option, in (h) Cargo from the Peoples Republic of order to expedite release of their ship- China including Hong Kong that does not ment at the port of first arrival, ar- contain solid wood packing material. range to have each article of solid wood Merchandise exported from the Peoples packing material that has been treated Republic of China including Hong Kong marked at the treatment facility with that is not accompanied by any solid a stamp or weatherproof label that wood packing material must have at- reads CHINA TREATED. This type of tached to the commercial invoice, the marking, however, is not a substitute bill of lading, or the airway bill, an ex- for the required certificate. porter statement stating that the ship- (6) If an APHIS inspector determines ment contains no solid wood packing that a shipment imported from the material. As an alternative to attach- Peoples Republic of China including ing the exporter statement to the pa- Hong Kong contains plant pests, or perwork presented at entry, the im- contains solid wood packing material porter may provide the exporter state- that was not heat treated, fumigated ment to the APHIS inspector at the and aerated, or treated with preserva- port of entry prior to arrival of the tives, the APHIS inspector may refuse shipment. Any shipment is subject to entry of the entire shipment (merchan- inspection for solid wood packing ma- dise and solid wood packing material). terial, and if such inspection is ordered If an importer does not produce upon by an inspector, the shipment will not request by an APHIS inspector the cer- be granted entry into the United tificate required for a shipment im- States prior to completion of the in- ported from the Peoples Republic of spection. If the inspection reveals solid China including Hong Kong containing wood packing material, the inspector solid wood packing material, the may refuse entry into the United APHIS inspector may refuse entry into States of the entire shipment (mer- the United States of the entire ship- chandise and solid wood packing mate- ment (merchandise and solid wood rial). Any shipment refused entry will packing material) until the certificate be handled in accordance with the pro- is produced. For any shipment refused cedures in paragraph (g)(6) of this sec- entry, if the APHIS inspector deter- tion. The importer shall be responsible mines that the merchandise may be for all costs associated with inspection, separated from the solid wood packing separation, and destruction or reexpor- material and that the solid wood pack- tation of any solid wood packing mate- ing material may be destroyed or reex- rial, including costs of the services of ported without risk of spreading plant an inspector to monitor such activities
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in accordance with § 354.3(j) of this of certificates, importer statements af- chapter. Any such costs may be firming that the importer has on file at charged to the importer’s customs his or her office any certificate re- bond. quired, and exporter statements that (i) Special provisions for air overnight there is no solid wood packing material couriers and air express delivery compa- in a shipment. nies. Overnight couriers and express de- (k) Liability under the Customs import livery companies must present to an bond and international carrier bond. Any APHIS inspector at the port of first ar- failure of an importer to comply with rival, at or prior to the time of entry, any of the provisions regarding the one or more certificates for each arriv- maintenance or presentation of records ing aircraft that carries packages em- or information as prescribed in this ploying solid wood packing material. subpart may result in liability under The company may present one certifi- the Customs basic import bond. Any cate in cases where the company has failure of a carrier to comply with any arranged treatment of all solid wood of the provisions regarding the mainte- packing material on the flight, and nance or presentation of records or in- may present multiple certificates in formation as prescribed in this subpart cases where packages with solid wood may result in liability under the inter- packing material were accepted for de- national carrier bond. livery by the company from multiple [60 FR 27674, May 25, 1995, as amended at 63 customers, each of whom arranged for FR 69542, Dec. 17, 1998; 64 FR 59604, Nov. 3, treatment and certification of their re- 1999] spective packages. The certificates must be signed by an official of the ap- § 319.40–6 Universal importation op- plicable government agency authorized tions. by the government of the Peoples Re- (a) Logs. Logs may be imported if public of China or the Hong Kong Spe- prior to importation the logs have been cial Administrative Region, and must debarked in accordance with § 319.40– state that the solid wood packing ma- 7(b) and heat treated in accordance terial, prior to export from the Peoples with § 319.40–7(c). During the entire in- Republic of China including Hong terval between treatment and export, Kong, has been heat treated, fumigated the logs must be stored and handled in and aerated, or treated with preserva- a manner which excludes any access to tives using a treatment schedule con- the logs by plant pests. tained in § 319.40–7 or in the Plant Pro- (b) Lumber—(1) Heat treated or heat tection and Quarantine Treatment treated with moisture reduction. Lumber Manual. If the aircraft contains no that prior to importation has been heat packages that employ solid wood pack- treated in accordance with § 319.40–7(c), ing material, or contains both pack- or heat treated with moisture reduc- ages that do and do not employ solid tion in accordance with § 319.40–7(d), wood packing material, the overnight may be imported in accordance with courier or express delivery company paragraphs (b)(1) (i) and (ii) of this sec- must also present to an APHIS inspec- tion. tor at the port of first arrival, at or (i) During shipment to the United prior to the time of entry, one or more States, no other regulated article exporter statements stating that the (other than solid wood packing mate- packages on the aircraft not covered by rials) is permitted on the means of con- a certificate contain no solid wood veyance with the lumber, unless the packing material. lumber and the other regulated articles (j) Customs entry or entry summary fil- are in separate holds or separate sealed ing requirements. By instruction, the containers, or, if the lumber and other United States Customs Service will in- regulated articles are mixed in a hold form importers of any information that or sealed container, all the regulated may be required on entry or entry sum- articles have been heat treated in ac- mary documentation under the Auto- cordance with § 319.40–7(c), or heat mated Broker Interface or other entry treated with moisture reduction in ac- filing systems, electronic or otherwise, cordance with § 319.40–7(d). Lumber on with regard to recording the existence the vessel’s deck must be in a sealed
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container, unless it has been heat paragraphs (c)(1)(i)(A) through treated with moisture reduction in ac- (c)(1)(i)(C) of this section. cordance with § 319.40–7(d). (A) The wood chips were treated with (ii) If lumber has been heat treated in a surface pesticide treatment in ac- accordance with § 319.40–7(c), that fact cordance with § 319.40–7(e) within 24 must be stated on the importer docu- hours after the log was chipped and ment, or by a permanent marking on were retreated with a surface pesticide each piece of lumber in the form of the treatment in accordance with § 319.40– letters ‘‘HT’’ or the words ‘‘Heat Treat- 7(e) if more than 30 days elapsed be- ed.’’ If lumber has been heat treated tween the date of the first treatment with moisture reduction in accordance and the date of export to the United with § 319.40–7(d), that fact must be States. stated on the importer document, or by (B) The wood chips were derived from a permanent marking, on each piece of logs from live, healthy, plantation- lumber or on the cover of bundles of grown trees that were apparently free lumber, in the form of the letters ‘‘KD’’ of plant pests, plant pest damage, and or the words ‘‘Kiln Dried.’’ decay organisms, and the logs used to (2) Raw lumber. Raw lumber, includ- make the wood chips were debarked in ing solid wood packing materials im- accordance with § 319.40–7(b) before ported as cargo, from all places except being chipped. places in Asia that are east of 60° East (C) No more than 45 days elapsed Longitude and north of the Tropic of from the time the trees used to make Cancer may be imported in accordance the wood chips were felled to the time with paragraphs (b)(2) (i) and (ii) of this the wood chips were exported. section. (ii) During shipment to the United States, no other regulated articles (i) During shipment to the United (other than solid wood packing mate- States, no other regulated article rials) are permitted in the holds or (other than solid wood packing mate- sealed containers carrying the wood rials) is permitted on the means of con- chips. Wood chips on the vessel’s deck veyance with the raw lumber, unless must be in a sealed container. the raw lumber and the other regulated (iii) The wood chips must be con- articles are in separate holds or sepa- signed to a facility in the United rate sealed containers. Raw lumber on States that operates under a compli- the vessel’s deck must be in a sealed ance agreement in accordance with container. § 319.40–8. The following requirements (ii) The raw lumber must be con- apply upon arrival of the wood chips in signed to a facility operating under a the United States: compliance agreement in accordance (A) Upon arrival in the United with § 319.40–8 that requires the raw States, the wood chips must be un- lumber to be heat treated in accord- loaded by a conveyor that is covered to ance with § 319.40–7(c) or heat treated prevent the chips from being blown by with moisture reduction in accordance the wind and from accidental spillage. with § 319.40–7(d), within 30 days from The facility receiving the wood chips the time the lumber is released from must have a procedure in place to re- the port of first arrival. Heat treat- trieve any chips that fall during un- ment must be completed before any loading. cutting, planing, or sawing of the raw (B) If the wood chips must be trans- lumber. ported after arrival, the chips must be (c) Wood chips and bark chips—(1) covered or safeguarded in a manner From Chile. Wood chips from Chile that that prevents the chips from spilling or are derived from Monterey or Radiata falling off the means of conveyance or pine (Pinus radiata) logs may be im- from being blown off the means of con- ported in accordance with § 319.40– veyance by wind. 6(c)(2) or in accordance with the fol- (C) The wood chips must be stored at lowing requirements: the facility on a paved surface and (i) The wood chips must be accom- must be kept segregated from other panied by a certificate stating that the regulated articles from the time of dis- wood chips meet the requirements in charge from the means of conveyance
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until the chips are processed. The stor- wood chips or bark chips must be age area must not be adjacent to wood- burned, heat treated in accordance ed areas. with § 319.40–7(c), heat treated with (D) The wood chips must be processed moisture reduction in accordance with within 45 days of arrival at the facility. § 319.40–7(d), or otherwise processed in a Any fines or unusable wood chips must manner that will destroy any plant be disposed of by burning within 45 pests associated with the wood chips or days of arrival at the facility. bark chips within 30 days of arrival at (2) From locations other than certain the facility. If the wood chips or bark places in Asia. Wood chips and bark chips are to be used for mulching or chips from any place except places in composting, they must first be fumi- Asia that are east of 60° east longitude gated in accordance with § 319.40–7(f)(3), and north of the Tropic of Cancer may heat treated in accordance with be imported in accordance with this § 319.40–7(c), or heat treated with mois- paragraph. ture reduction in accordance with (i) The wood chips or bark chips must § 319.40–7(d). be accompanied by an importer docu- (d) Wood mulch, humus, compost, and ment stating that the wood chips or litter. Wood mulch, humus, compost, bark chips were either: and litter may be imported if accom- (A) Derived from live, healthy, trop- panied by an importer document stat- ical species of plantation-grown trees ing that the wood mulch, humus, com- grown in tropical areas; or post, or litter was fumigated in accord- (B) Fumigated with methyl bromide ance with § 319.40–7(f)(3), heat treated in in accordance with § 319.40–7(f)(3), heat accordance with § 319.40–7(c), or heat treated in accordance with § 319.40–7(c), treated with moisture reduction in ac- or heat treated with moisture reduc- cordance with § 319.40–7(d). tion in accordance with § 319.40–7(d). (e) Cork and bark. Cork and cork (ii) During shipment to the United bark, cinnamon bark, and other bark States, no other regulated articles to be used for food, manufacture of (other than solid wood packing mate- medicine, or chemical extraction may rials) are permitted in the holds or be imported if free from rot at the time sealed containers carrying the wood of importation and subject to the in- chips or bark chips. Wood chips or bark spection and other requirements of chips on the vessel’s deck must be in a § 319.40–9. sealed container; Except that: If the wood chips or bark chips are derived [60 FR 27679, May 25, 1995; 60 FR 30157, June from live, healthy, plantation-grown 7, 1995, as amended at 65 FR 21127, Apr. 20, trees in tropical areas, they may be 2000] shipped on deck if no other regulated articles are present on the vessel and § 319.40–7 Treatments and safeguards. the wood chips or bark chips are com- (a) Certification of treatments or safe- pletely covered by a tarpaulin during guards. If APHIS determines that a the entire journey directly to the document required for the importation United States. of regulated articles is inaccurate, the (iii) The wood chips or bark chips regulated articles which are the sub- must be free from rot at the time of ject of the certificate or other docu- importation, unless accompanied by an ment shall be refused entry into the importer document stating that the en- United States. In addition, APHIS may tire lot was fumigated with methyl determine not to accept any further bromide in accordance with § 319.40– certificates for the importation of reg- 7(f)(3), heat treated in accordance with ulated articles in accordance with this § 319.40–7(c), or heat treated with mois- subpart from a country in which an in- ture reduction in accordance with accurate certificate is issued, and § 319.40–7(d). APHIS may determine not to allow the (iv) Wood chips or bark chips im- importation of any or all regulated ar- ported in accordance with this para- ticles from any such country, until cor- graph must be consigned to a facility rective action acceptable to APHIS es- operating under a compliance agree- tablishes that certificates issued in ment in accordance with § 319.40–8. The that country will be accurate.
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(b) Debarking. Except for raw lumber, manner which excludes any infestation no more than 2 percent of the surface of the regulated article by plant pests. of all regulated articles in a lot may (e) Surface pesticide treatments. All retain bark, with no single regulated United States Environmental Protec- article retaining bark on more than 5 tion Agency registered surface pes- percent of its surface. For raw lumber, ticide treatments are authorized for debarking must remove 100 percent of regulated articles imported in accord- the bark. ance with this subpart, except that (c) Heat treatment. Heat treatment Pinus radiata wood chips from Chile must be performed only at a facility must be treated in accordance with where APHIS or an inspector author- § 319.40–7(e)(2). Surface pesticide treat- ized by the Administrator and the na- ments must be conducted in accord- tional government of the country in which the facility is located has in- ance with label directions approved by spected the facility and determined the United States Environmental Pro- that its operation complies with the tection Agency. Under the following standards of this paragraph. Heat circumstances, surface pesticide treat- treatment procedures may employ ments must also be conducted as fol- steam, hot water, kilns, exposure to lows: microwave energy, or any other meth- (1) Heat treated logs. When used on od (e.g., the hot water and steam tech- heat treated logs, a surface pesticide niques used in veneer production) that treatment must be first applied within raises the temperature of the center of 48 hours following heat treatment. The each treated regulated article to at surface pesticide treatment must be re- least 71.1 °C and maintains the regu- peated at least every 30 days during lated article at that center tempera- storage of the regulated article, with ture for at least 75 minutes. For regu- the final treatment occurring no more lated articles heat treated prior to ar- than 30 days prior to departure of the rival in the United States, during the means of conveyance that carries the entire interval between treatment and regulated articles to the United States. export the regulated article must be (2) Pinus radiata wood chips from stored, handled, or safeguarded in a Chile. When used on Pinus radiata wood manner which excludes any infestation chips from Chile, a surface pesticide of the regulated article by plant pests. consisting of the following must be (d) Heat treatment with moisture reduc- tion. (1) Heat treatment with moisture used: A mixture of a fungicide con- reduction may employ: taining 64.8percent of the active ingre- (i) Kiln drying conducted in accord- dient didecyl dimethyl ammonium ance with the schedules prescribed for chloride and 7.6 percent of the active the regulated article in the Dry Kiln ingredient 3-iodo-2-propynl Operator’s Manual, Agriculture Hand- butylcarbamate and an insecticide con- book 188, which is incorporated by ref- taining 44.9percent of the active ingre- erence at § 300.1 of this chapter; or, dient chlorpyrifos phosphorothioate. (ii) Dry heat, exposure to microwave The wood chips must be sprayed with energy, or any other method that the pesticide so that all the chips are raises the temperature of the center of exposed to the chemical on all sides. each treated regulated article to at During the entire interval between least 71.1 °C, maintains the regulated treatment and export, the wood chips articles at that center temperature for must be stored, handled, or safeguarded at least 75 minutes, and reduces the in a manner that prevents any infesta- moisture content of the regulated arti- tion of the wood chips by plant pests. cle to 20 percent or less as measured by (f) Methyl bromide fumigation. The fol- an electrical conductivity meter. lowing minimum standards for methyl (2) For regulated articles heat treat- bromide fumigation treatment are au- ed with moisture reduction prior to ar- thorized for the regulated articles list- rival in the United States, during the ed in paragraphs (f)(1) through (f)(3) of entire interval between treatment and export the regulated article must be this section. Any method of fumigation stored, handled, or safeguarded in a that meets or exceeds the specified
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temperature/time/concentration prod- migation must be conducted using ucts is acceptable. Following fumiga- schedule T–404 contained in the Treat- tion, fumigated products must be aer- ment Manual. In lieu of the schedule ated to reduce the concentration of fu- T–404 methyl bromide concentration, migant below hazardous levels, in ac- fumigation may be conducted with an cordance with the Treatment Manual initial methyl bromide concentration and label instructions approved by the of at least 48 g/m3 with exposure and U.S. Environmental Protection Agen- concentration levels adequate to pro- cy. vide a concentration-time product of at (1) Logs—(i) T–312 schedule. The entire least 760 gram-hours calculated on the log and the ambient air must be at a initial methyl bromide concentration. temperature of 5 °C or above through- (ii) If the ambient air and the regu- out fumigation. The fumigation must lated articles other than logs or lumber be conducted using schedule T–312 con- are at a temperature of 4.5–20.5 °C tained in the Treatment Manual. In throughout fumigation, the fumigation lieu of the schedule T–312 methyl bro- must be conducted using schedule T– mide concentration, fumigation may 404 contained in the Treatment Man- be conducted with an initial methyl ual. In lieu of the schedule T–404 meth- bromide concentration of at least 240 g/ yl bromide concentration, fumigation m3 with exposure and concentration may be conducted with an initial meth- levels adequate to provide a concentra- yl bromide concentration of at least 120 tion-time product of at least 17,280 g/m3 with exposure and concentration gram-hours calculated on the initial levels adequate to provide a concentra- methyl bromide concentration. tion-time product of at least 1920 gram- (ii) T–404 schedule. The entire log and hours calculated on the initial methyl the ambient air must be at a tempera- bromide concentration. ture of 5 °C or above throughout fumi- (g) Preservatives. All preservative gation. The fumigation must be con- treatments that use a preservative ducted using schedule T–404 contained product that is registered by the in the Treatment Manual. In lieu of the United States Environmental Protec- schedule T–404 methyl bromide con- tion Agency are authorized for treat- centration, fumigation may be con- ment of regulated articles imported in ducted with an initial methyl bromide accordance with this subpart. Preserv- concentration of at least 120 g/m3 with ative treatments must be performed in exposure and concentration levels ade- accordance with label directions ap- quate to provide a concentration-time proved by the United States Environ- product of at least 1920 gram-hours cal- mental Protection Agency. culated on the initial methyl bromide [60 FR 27674, May 25, 1999, as amended at 64 concentration. FR 59604, Nov. 3, 1999; 65 FR 21128, Apr. 20, (2) Lumber. The lumber and the ambi- 2000] ent air must be at a temperature of 5 °C or above throughout fumigation. § 319.40–8 Processing at facilities oper- The fumigation must be conducted ating under compliance agree- using schedule T–404 contained in the ments. Treatment Manual. In lieu of the (a) Any person who operates a facil- schedule T–404 methyl bromide con- ity in which imported regulated arti- centration, fumigation may be con- cles are processed may enter into a ducted with an initial methyl bromide compliance agreement to facilitate the concentration of at least 120 g/m3 with importation of regulated articles under exposure and concentration levels ade- this subpart. The compliance agree- quate to provide a concentration-time ment shall specify the requirements product of at least 1920 gram-hours cal- necessary to prevent spread of plant culated on the initial methyl bromide pests from the facility, requirements to concentration. ensure the processing method effec- (3) Regulated articles other than logs or tively destroys plant pests, and the re- lumber. (i) If the ambient air and the quirements for the application of regulated articles other than logs or chemical materials in accordance with lumber are at a temperature of 21 °C or the Treatment Manual. The compli- above throughout fumigation, the fu- ance agreement shall also state that
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inspectors must be allowed access to applicable requirements of this subpart the facility to monitor compliance have been accomplished. with the requirements of the compli- (2) Regulated articles shall be assem- ance agreement and of this subpart. bled for inspection at the port of first Compliance agreement forms may be arrival, or at any other place pre- obtained from the Administrator or an scribed by an inspector, at a place and inspector. time and in a manner designated by an (b) Any compliance agreement may inspector. be canceled by the inspector who is su- (3) If an inspector finds that an im- pervising its enforcement, orally or in ported regulated article is so infested writing, whenever the inspector finds with a plant pest that, in the judgment of the inspector, the regulated article that the person who entered into the cannot be cleaned or treated, or con- compliance agreement has failed to tains soil or other prohibited contami- comply with the conditions of the com- nants, the entire lot may be refused pliance agreement. If the cancellation entry into the United States. is oral, the decision to cancel the com- (4) No person shall move any im- pliance agreement and the reasons for ported regulated article from the port cancellation of the compliance agree- of first arrival unless and until an in- ment shall be confirmed in writing, as spector notifies the person, in writing promptly as circumstances permit. or through an electronic database, that Any person whose compliance agree- the regulated article: ment has been canceled may appeal the (i) Is in compliance with all applica- decision in writing to the Adminis- ble regulations and has been inspected trator within 10 days after receiving and found to be apparently free of written notification of the cancella- plant pests; 3 or, tion. The appeal shall state all of the (ii) Has been inspected and the in- facts and reasons upon which the per- spector requires reinspection, cleaning, son relies to show that the compliance or treatment of the regulated article at agreement was wrongfully canceled. a place other than the port of first ar- The Administrator shall grant or deny rival. the appeal, in writing, stating the rea- (b) Notice of arrival; visual examination sons for granting or denying the ap- of regulated articles at port of first ar- peal, as promptly as circumstances per- rival. (1) At least 7 days prior to the ex- mit. If there is a conflict as to any ma- pected date of arrival in the United terial fact and the person whose com- States of a shipment of regulated arti- pliance agreement has been canceled cles imported in accordance with this requests a hearing, a hearing shall be subpart, the permittee or his or her held to resolve the conflict. Rules of agent must notify the APHIS Officer in practice concerning the hearing will be Charge at the port of arrival of the adopted by the Administrator. date of expected arrival. The address and telephone number of the APHIS Of- § 319.40–9 Inspection and other re- ficer in Charge will be specified in any quirements at port of first arrival. specific permit issued by APHIS 4. This (a) Procedures for all regulated articles. notice may be in writing or by tele- (1) All imported regulated articles phone. The notice must include the number of any specific permit issued shall be inspected at the port of first arrival. If the inspector finds signs of 3 plant pests on or in the regulated arti- Certain regulated articles may also be subject to §§ 319.56 through 319.56–8, ‘‘Sub- cle, or finds that the regulated article part—Fruits and Vegetables,’’ or to the nox- may have been associated with other ious weed regulations under part 360 of this articles infested with plant pests, the chapter, or to Endangered Species Act regu- regulated article shall be cleaned or lations under parts 355 and 356 of this chap- treated as required by an inspector, ter and 50 CFR parts 17 and 23. and the regulated article and any prod- 4 A list of APHIS Officers in Charge may be obtained from the Administrator, c/o Port ucts of the regulated article shall also Operations, Plant Protection and Quar- be subject to reinspection, cleaning, antine, Animal and Plant Health Inspection and treatment at the option of an in- Service, 4700 River Road, Riverdale, MD spector at any time and place before all 20737.
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for the regulated articles; the name, if § 319.40–10 Costs and charges. any, of the means of conveyance car- The services of an inspector during rying the regulated articles; the type regularly assigned hours of duty and at and quantity of the regulated articles; the usual places of duty shall be fur- the expected date of arrival; the coun- nished without cost to the importer.5 try of origin of the regulated articles; The inspector may require the im- the name and the number, if any, of porter to furnish any labor, chemicals, the dock or area where the regulated packing materials, or other supplies re- articles are to be unloaded; and the quired in handling regulated articles name of the importer or broker at the under this subpart. APHIS will not be port of arrival. responsible for any costs or charges, (2) Imported regulated articles which other than those identified in this sec- have been debarked in accordance with tion. § 319.40–7(b) and can be safely and prac- tically inspected will be visually exam- [60 FR 27674, May 25, 1995, as amended at 63 ined for plant pests by an inspector at FR 50111, Sept. 18, 1998] the port of first arrival. If plant pests § 319.40–11 Plant pest risk assessment are found on or in the regulated arti- standards. cles or if the regulated article cannot be safely and practically inspected, the When evaluating a request to import regulated articles must be treated in a regulated article not allowed impor- accordance with the Treatment Man- tation under this subpart, or a request to import a regulated article under ual. conditions other than those prescribed (c) Marking and identity of regulated by this subpart, APHIS will conduct articles. Any regulated article, at the the following analysis to determine the time of importation shall bear on the plant pest risks associated with each outer container (if in a container), on requested importation in order to de- the regulated article (if not in a con- termine whether or not to issue a per- tainer), or on a document accom- mit under this subpart or to propose panying the regulated article the fol- regulations establishing conditions for lowing information: the importation into the United States (1) General nature and quantity of of the regulated article. the regulated articles; (a) Collecting commodity information. (2) Country and locality, if known, (1) APHIS will evaluate the application where the tree from which the regu- for information describing the regu- lated article was derived was har- lated article and the origin, processing, vested; treatment, and handling of the regu- (3) Name and address of the person lated article; and importing the regulated article; (2) APHIS will evaluate history of (4) Name and address of consignee of past plant pest interceptions or intro- the regulated article; ductions (including data from foreign (5) Identifying shipper’s mark and countries) associated with the regu- number; and lated article. (6) Number of the permit (if one was (b) Cataloging quarantine pests. For issued) authorizing the importation of the regulated article specified in an ap- the regulated article into the United plication, APHIS will determine what States. plant pests or potential plant pests are (d) Sampling for plant pests at port of associated with the type of tree from first arrival. Any imported regulated ar- which the regulated article was de- ticle may be sampled for plant pests at rived, in the country and locality from the port of first arrival. If an inspector finds it necessary to order treatment of 5 Provisions relating to costs for other a regulated article at the port of first services of an inspector, including services arrival, any sampling will be done prior related to extra inspection and separation of to treatment. cargo from packing material for shipments that arrive without a complete certificate or [60 FR 27674, May 25, 1995, as amended at 66 exporter statement as required, are con- FR 21056, Apr. 27, 2001] tained in part 354 of this chapter.
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which the regulated article is to be ex- ing plant pests, starting with the high- ported. A plant pest that meets one of est ranked plant pest(s) in each group. the following criteria is a quarantine (5) The number of plant pests in each pest and will be further evaluated in group to be evaluated through indi- accordance with paragraph (c) of this vidual plant pest risk assessment will section: be based on biological similarities of (1) Non-indigenous plant pest not members of the group as they relate to present in the United States; measures taken in connection with the (2) Non-indigenous plant pest, importation of the regulated article to present in the United States and capa- mitigate the plant pest risk associated ble of further dissemination in the with the regulated article. For exam- United States; ple, if the plant pest risk assessment (3) Non-indigenous plant pest that is for the highest ranked plant pest indi- present in the United States and has cates a need for a mitigation measure reached probable limits of its ecologi- that would result in the same reduc- cal range, but differs genetically from the plant pest in the United States in a tion of risk for other plant pests way that demonstrates a potential for ranked in the group, the other mem- greater damage potential in the United bers need not be subjected to individual States; plant pest risk assessment. (4) Native species of the United (d) Conducting individual plant pest States that has reached probable limits risk assessments. APHIS will evaluate of its ecological range, but differs ge- each of the plant pests identified in netically from the plant pest in the paragraph (c)(4) of this section by: United States in a way that dem- (1) Estimation of the probability of onstrates a potential for greater dam- the plant pest being on, with, or in the age potential in the United States; or regulated article at the time of impor- (5) Non-indigenous or native plant tation; pest that may be able to vector an- (2) Estimation of the probability of other plant pest that meets one of the the plant pest surviving in transit on criteria in paragraphs (b)(1) through (4) the regulated article and entering the of this section. United States undetected; (c) Determining which quarantine pests (3) Estimation of the probability of to assess. (1) APHIS will divide quar- the plant pest colonizing once it has antine pests identified in paragraph (b) entered into the United States; of this section into groups depending (4) Estimation of the probability of upon where the plant pest is most like- the plant pest spreading beyond any ly to be found. The plant pests would colonized area; and be grouped as follows: (5) Estimation of the damage to (i) Plant pests found on the bark; plants that could be expected upon in- (ii) Plant pests found under the bark; troduction and dissemination within and the United States of the plant pest. (iii) Plant pests found in the wood. (2) APHIS will subdivide each of the (e) Estimating unmitigated overall plant groups in paragraph (c)(1) of this sec- pest risk. APHIS will develop an esti- tion into associated taxa. mation of the overall plant pest risk (3) APHIS will rank the plant pests associated with importing the regu- in each group in paragraph (c)(2) of this lated article based on compilation of section according to plant pest risk, individual plant pest risk assessments based on the available biological infor- performed in accordance with para- mation and demonstrated plant pest graph (d) of this section. importance. (f) Evaluating available requirements to (4) APHIS will identify any plant determine whether they would allow safe pests ranked in paragraph (c)(3) of this importation of the regulated article. The section for which plant pest risk as- requirements of this subpart, and any sessments have previously been per- other requirements relevant to the reg- formed in accordance with this section. ulated article and plant pests involved, APHIS will conduct individual plant will be compared with the individual pest risk assessments for the remain- plant pest risk assessments in order to
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determine whether particular condi- (c) When the public interests will per- tions on the importation of the regu- mit, the Deputy Administrator of the lated article would reduce the plant Plant Protection and Quarantine Pro- pest risk to an insignificant level. If grams may, upon request in specific APHIS determines that the imposition cases, authorize such importations into of particular conditions on the impor- Guam under conditions specified in the tation of the regulated article could re- permit that are less stringent than duce the plant pest risk to an insignifi- those contained in this subpart. cant level, and determines that suffi- (d) As used in this subpart, unless the cient APHIS resources are available to context otherwise requires, the term implement or ensure implementation of the conditions, APHIS will imple- ‘‘United States’’ means the States, the ment rulemaking to allow importation District of Columbia, Guam, Puerto of the requested regulated article Rico, and the Virgin Islands of the under the conditions identified by the United States. plant pest risk assessment process. [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001] Subpart—Indian Corn or Maize, Broomcorn, and Related Plants § 319.41a Administrative instructions relating to entry into Guam of QUARANTINE broomcorn, brooms, and similar ar- ticles. § 319.41 Notice of quarantine. (a) Broomcorn for manufacturing (a) The fact has been determined by purposes, and brooms and similar arti- the Secretary of Agriculture, and no- cles made of broomcorn may be im- tice given, that dangerous plant pests, ported into Guam without further per- including the so-called European corn mit, other than the authorization con- borer (Ostrinia nubilalis Hubn.), and tained in this section, and without also other dangerous insects, as well as other restriction under this subpart. plant diseases not heretofore widely Notice of arrival for such importations prevalent or distributed within and is not necessary inasmuch as there is throughout the United States, exist, as to one or more of such pests, in Europe, available to the inspector the essential Asia, Africa, Dominion of Canada, Mex- information normally supplied by the ico, Central and South America, and importer at time of importation. In- other foreign countries and localities, spection of such importations may be and may be introduced into this coun- made under the general authority of try through importations of the stalks § 330.105(a) of this chapter. If an impor- or other parts of Indian corn or maize, tation is found infected, infested, or broomcorn, and related plants. contaminated with any plant pest and (b) To prevent the introduction of is not subject to disposal under this these plant pests, the following articles part 319, disposition may be made in may not be imported into the United accordance with § 330.106 of this chap- States except in accordance with this ter. subpart: The raw or unmanufactured (b) Shelled corn and seeds of other stalk and all other parts of Indian corn plants listed in § 319.41, and mature or maize (Zea mays L.), broomcorn corn on the cob, may be imported into (Andropogon sorghum var. technicus), Guam without further permit, other sweet sorghums (Andropogon sorghum), than the authorization contained in grain sorghums (Andropogon sorghum), this section and without other restric- Sudan grass (Andropogon sorghum tion under this subpart, but such im- sudanensis), Johnson grass (Andropogon portations are subject to the require- halepensis), sugarcane (Saccharum ments of § 319.37–4(a). officinarum), including Japanese vari- eties, pearl millet (Pennisetum (c) Green corn on the cob may be im- glaucum), napier grass (Pennisetum ported into Guam without restriction purpureum), teosinte (Euchlaena under this subpart, but such importa- luxurians), and jobs-tears (Coix tions are subject to the requirements lachryma-Jobi). of § 319.56–2.
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§ 319.41b Administrative instructions promulgated, the following articles prescribing conditions for entry of may be imported: broomstraw without treatment. (a) Subject only to the requirements Broomstraw, sometimes referred to of paragraphs (a), (b), and (c) of § 319.41– as ‘‘combed stalkless’’, when consisting 5: of individual straws entirely free from (1) Green corn on the cob, in small stems, stalks, stubs of stalks, and lots for local use only, from adjacent leaves, may be imported from all coun- areas of Canada. tries without seasonal limitation (2) Articles made of the stalks, through ports of entry designated in leaves, or cobs of corn, when prepared, the permit, provided it is bundled and manufactured, or processed in such baled to prevent breakage and scat- manner that in the judgment of the in- tering and to facilitate inspection, in spector no pest risk is involved in their the following manner: entry. (a) The broomstraw shall be assem- (3) Corn silk. bled into bundles with the base of the (b) Upon compliance with the regula- individual straws at the same end, no tions in this subpart: alternating of layers being permitted. (1) Broomcorn for manufacturing (b) Each bundle shall be securely tied purposes, brooms or similar articles to prevent breakage. made of broomcorn, clean shelled corn, (c) Individual bundles shall be com- and clean seed of the other plants cov- pacted, grouped into bales, and so ar- ered by § 319.41. ranged that the butt of each bundle is (2) Corn on the cob, green or mature, exposed on the outside of the bale. from the provinces of Canada west of (d) Each bale shall be securely bound and including Manitoba,3 and from to prevent shifting or loosening of the Mexico, Central America, South Amer- bundles in transit. ica, the West Indies, the Bahamas, and (e) Broomstraw found upon inspec- Bermuda. tion at the port of entry to contain (c) Seed of Indian corn or maize (Zea stems, stalks, stubs of stalks, or leaves mays L.) that is free from the cob and shall be sterilized under the super- from all other parts of corn may be im- vision of an inspector. Broomstraw ported into the United States from contaminated in the aforesaid manner, New Zealand without further restric- from countries other than those on the tion. North or South American Continents or the West Indies, shall be considered [24 FR 10788, Dec. 29, 1959, as amended at 58 as broomcorn and shall be subject to FR 44745, Aug. 25, 1993] compliance with § 319.41–3(b). (b) Except as provided for in paragraph (c) [25 FR 12809, Dec. 14, 1960] for corn seed from New Zealand, seed and all other portions in the raw or unmanufactured RULES AND REGULATIONS state of Indian corn or maize (Zea mays L.), and the closely related plants, including all § 319.41–1 Plant products permitted species of Teosinte (Euchlaena), jobs-tears 1 entry. (Coix), Polytoca, Chionachne, Sclerachne, Except as restricted from certain and Trilobachne, from Australia, Burma, countries and localities by special Cambodia, China, Formosa, India, Indonesia, quarantines and other orders now in Japan and adjacent islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North 2 force, and by such as may hereafter be Viet-Nam, Oceania, Pakistan, Philippines, Ryukyu Islands, Thailand, and Viet-Nam. 1Except as provided in § 319.41–6 the regula- (§ 319.24.) tions in this subpart do not authorize impor- (c) Seed of Indian corn or maize (Zea mays tations through the mails. L.) that is free from the cob and from all 2 The entry of the following plants and other parts of corn may be imported into the plant products is prohibited or restricted by United States from New Zealand without specific quarantines and other restrictive or- further restriction. (§ 319.24.). ders now in force. 3A quarantine is maintained by Canada to (a) Living canes of sugarcane, or cuttings prevent spread of the European corn borer or parts thereof, from all foreign countries. from the infested eastern areas to the still (§ 319.15.) uninfested Provinces west of Ontario.
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§ 319.41–2 Application for permits. through February 15 of the succeeding (a) Persons contemplating the impor- year, both dates inclusive. Permits will tation of any of the articles specified in not be issued for the entry of § 319.41–1(b), shall first make applica- broomcorn from any source through tion to the Plant Protection and Quar- ports on the Pacific Coast. antine Programs for a permit, stating (c) For shelled corn and for seeds of in the application the name and ad- other plants listed in § 319.41, and for dress of the exporter, the country and corn on the cob, green or mature, from locality where grown, the port of ar- the land areas designated in rival, and the name and address of the § 319.41(b)(2), permits will be issued for importer in the United States to whom ports where the Plant Protection and the permit should be sent. Unless oth- Quarantine Programs maintains an in- erwise stated in the permit, all permits spection service and for such other will be valid from date of issuance ports as may be designated in the per- until revoked. mit. (b) Applications for permits should be (d) Pending development of adequate made in advance of the proposed ship- treating facilities in Guam, any of the ments; but if, through no fault of the articles specified in § 319.41–1 that are importer, a shipment should arrive be- subject to treatment as a condition of fore a permit is received, the importa- entry therein must first be entered and tion will be held in customs custody at treated in accordance with the require- the risk and expense of the importer ments of this subpart at a U.S. port of for a period not exceeding 20 days pend- arrival where such treating facilities ing the receipt of the permit. are available. (c) Applications may be made by [24 FR 10788, Dec. 29, 1959, as amended at 33 telegraph, in which case the informa- FR 11811, Aug. 21, 1968; 36 FR 24917, Dec. 24, tion required above must be given. 1971] (Approved by the Office of Management and § 319.41–4 Notice of arrival by per- Budget under control number 0579–0049) mittee. [24 FR 10788, Dec. 29, 1959, as amended at 48 Immediately upon arrival of the im- FR 57466, Dec. 30, 1983] portation at the port of arrival the per- mittee shall submit, in duplicate, no- § 319.41–3 Issuance of permits. tice to the Plant Protection and Quar- (a) On approval by the Deputy Ad- antine Programs, through the U.S. Col- ministrator of the Plant Protection lector of Customs, or, in the case of and Quarantine Programs of the appli- Guam, through the Customs officer of cation mentioned in § 319.41–2, a permit the Government of Guam, on forms will be issued. provided for that purpose, stating the (b) For broomcorn and brooms and number of the permit, the date of similar articles made of broomcorn, entry, the name of ship or vessel, rail- permits will be issued by the Deputy road, or other carrier, the country and Administrator of the Plant Protection locality where the articles were grown, and Quarantine Programs for such the name of the foreign shipper, the ports as may be designated therein, ex- quantity or number of bales or con- cept that permits will be issued for the tainers, and the marks and numbers on entry of broomcorn originating in the bales or containers, the port of ar- countries other than those in the North rival, and the name of the importer or or South American Continents or the broker at the port of arrival. West Indies only through the ports of Baltimore, Boston, New York, and Nor- (Approved by the Office of Management and folk, or through other northeastern Budget under control number 0579–0049) ports which may from time to time be [24 FR 10788, Dec. 29, 1959, as amended at 48 designated in the permit, and at which FR 57466, Dec. 30, 1983] facilities for treatment of infested ma- terial may be available, such entry to § 319.41–5 Condition of entry. be limited to those shipments accom- (a) The entry of the articles covered panied by on-board bills of lading dated by § 319.41–1 is conditioned on their within the period September 15 freedom from the European corn borer
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and other injurious insects and plant nection with the necessary handling diseases, and upon their freedom from and sterilization; if in the judgment of contamination with plant materials the inspector they are not so baled, prohibited entry under other quar- entry may be refused. All importations antines. All shipments of these articles of broomcorn shall be subject to such shall be subject to inspection at the sterilization or other treatment as the port of arrival by an inspector of the inspector may require. Plant Protection and Quarantine Pro- (2) Articles made of broomcorn. Brooms grams, in order to determine their free- or similar articles made of broomcorn dom from such insects and diseases and shall be subject to sterilization unless from contaminating materials, and to their manufacture involves the sub- such sterilization, grinding, or other stantial elimination of stems or such necessary treatment as the inspector treatment of the included stems as in may prescribe. Should an importation the judgment of the inspector shall be found on inspection to be so infested preclude such articles from being the or infected or contaminated that, in means of carriage of the European corn the judgment of the inspector, it can borer and of other injurious insects and not be made safe by sterilization or plant diseases. other treatment, the entire shipment (3) Shelled corn and other seeds. If may be refused entry. shipments of shelled corn and seeds of (b) When entry under sterilization or the other plants from countries other other treatment is permitted, the im- than those named in § 319.41–1 (b)(2) are portation will be released to the per- found upon inspection at the port of ar- mittee for such treatment, upon the rival to be appreciably fouled with cobs filing with the appropriate customs of- or other portions of the plants the in- ficial of a bond in the amount of $5,000, spector may require sterilization or or in an amount equal to the invoice other treatment or may refuse entry. value, if such value be less than $5,000, with approved sureties, and condi- § 319.41–5a Administrative instruc- tioned that the importation shall be tions; method used for the disinfec- sterilized or otherwise treated under tion of imported broomcorn and the supervision of the inspector; that broomcorn brooms. no bale or container shall be broken, Broomcorn and articles made of opened, or removed from the port of ar- broomcorn which are required to be rival unless and until a written notice treated, under the provisions of § 319.41– is given to said customs official by an 5, will be treated by one of the fol- inspector that the importation has lowing methods: been properly sterilized or treated; and (a) Vacuum fumigation. (1) The tem- that the importation shall be redeliv- perature of the stalks and of the fumi- ered to said customs official within 30 gation chamber during the fumigation days after its arrival. shall be not less than 60 °F. (c) Should a shipment requiring steri- (2) The dosage for the fumigation lization or other treatment under the shall be 3 pounds of liquid hydrocyanic provisions of the regulation in this sub- acid or its equivalent per 1,000 cubic part arrive at a port where facilities feet of space. for such sterilization or other treat- (3) The air pressure in the fumigation ment are not maintained, such ship- chamber shall be reduced to the equiv- ment shall either be promptly shipped alent of 2 inches of mercury (a 28–inch under safeguards and by routing pre- vacuum at sea level), after which the scribed by the inspector to an approved hydrocyanic acid shall be introduced port where facilities for sterilization or and the low pressure held for the dura- other treatment are available, or it tion of the fumigation. shall be refused entry. (4) The exposure shall be not less (d) Other conditions of entry as ap- than 3 hours. plying to the certain classes of articles (b) Steam sterilization. (1) The air pres- enumerated in § 319.41–1 are: sure in the treating chamber shall be (1) Broomcorn. All importations of reduced to the equivalent of 5 inches of broomcorn shall be so baled as to pre- mercury (a 25–inch vacuum at sea vent breakage and scattering in con- level).
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(2) Steam shall then be introduced glumarum), as well as dangerous insect until a positive pressure of 10 pounds is pests, new to and not heretofore widely obtained. prevalent or distributed within and (3) The exposure to the 10–pound posi- throughout the United States, exist, as tive pressure of steam shall continue to one or more of such diseases and for a period sufficient to assure a con- pests, in Europe, Asia, Africa, Central stant temperature in all parts of the America, South America, and other treating chamber, after which the foreign countries and localities, and steam may be shut off and the treating may be introduced into this country chamber exhausted of the uncondensed through importations of seed or paddy steam. rice, rice straw, and rice hulls, and (2) (c) Other treatments. Any other treat- that the unrestricted importation of ments approved by the Deputy Admin- seed or paddy rice from the Republic of istrator of the Plant Protection and Mexico and of rice straw and rice hulls Quarantine Programs in specific cases. from all foreign countries and local- ities may result in the entry into the [24 FR 10788, Dec. 29, 1959, as amended at 34 United States of the injurious plant FR 15559, Oct. 7, 1969; 36 FR 24917, Dec. 24, 1971] diseases heretofore enumerated, as well as insect pests. § 319.41–6 Importations by mail. (b) To prevent the introduction into the United States of the plant pests In addition to entries by freight or and diseases indicated above, the Sec- express provided for in § 319.41–5, impor- retary has determined that it is nec- tations are permitted by mail of (a) essary to prohibit the importation into mature corn on the cob from the coun- the United States of seed or paddy rice tries specified in § 319.41–1(b)(2), (b) from all foreign locations except the clean shelled corn and clean seed of the Republic of Mexico and to restrict the other plants covered by § 319.41: Pro- importation of seed or paddy rice, rice vided, That a permit has been issued for straw, and rice hulls from the Republic the importation: Provided further, That of Mexico and all other foreign loca- each shipment is accompanied from the tions, except as otherwise provided in foreign mailing point by a special mail- this subpart. ing tag, which will direct the package (c) When the public interests will per- to a Plant Protection and Quarantine mit, the Deputy Administrator of the Programs inspection station for inspec- Plant Protection and Quarantine Pro- tion in accordance with § 319.41–5 before grams may, upon request in specific release to the mails for delivery to the cases, authorize such importations into importer. These special mailing tags Guam under conditions specified in the will be furnished on request to the im- permit that are less stringent than porter for transmission to his foreign those contained in this subpart. shipper. (d) As used in this subpart, unless the (Approved by the Office of Management and context otherwise requires, the term Budget under control number 0579–0049) ‘‘United States’’ means the States, the [24 FR 10788, Dec. 29, 1959, as amended at 48 District of Columbia, Guam, Puerto FR 57466, Dec. 30, 1983] Rico, and the Virgin Islands of the United States. Subpart—Rice [24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001] QUARANTINE § 319.55a Administrative instructions § 319.55 Notice of quarantine. relating to entry of rice straw and (a) The fact has been determined by rice hulls into Guam. the Secretary of Agriculture, and no- Rice straw and rice hulls may be im- tice is hereby given, (1) that injurious ported into Guam without further per- fungous diseases of rice, including mit, other than the authorization con- downy, mildew (Sclerospora tained in this paragraph. The port of macrospora), leaf smut (Entyloma entry shall be Agana or such other port oryzae), blight (Oospora oryzetorum), as may be satisfactory to the inspec- and glume blotch (Melanomma tor. Such importations may be made
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without the submission of a notice of (c) Application may be mader by arrival inasmuch as there is available telegraph, in which case the informa- to the inspector the essential informa- tion required above must be furnished. tion normally supplied by an importer (Approved by the Office of Management and at the time of importation. The re- Budget under control number 0579–0049) quirements of §§ 319.55–6 and 319.55–7 [24 FR 10788, Dec. 29, 1959, as amended at 48 shall not apply. Inspections of such im- FR 57466, Dec. 30, 1983] portations may be made under the gen- eral authority of § 330.105(a) of this § 319.55–3 Ports of entry. chapter. If an importation is found in- (a) For importations of seed or paddy fected, infested, or contaminated by rice from the Republic of Mexico, per- any plant pest and is not subject to dis- mits will be issued for entry through posal under this part, disposition may Mexican border ports and such other be made in accordance with § 330.106 of ports as may later be approved by the this chapter. Plant Protection and Quarantine Pro- grams. RULES AND REGULATIONS (b) For importations of rice straw and rice hulls from all foreign coun- § 319.55–1 Definitions. tries, permits will be issued for entry (a) Seed or paddy rice. Unhusked rice at New York and Boston and at such in the form commonly used for seed other ports as may later be approved purposes; the regulations in this sub- by the Plant Protection and Quar- part do not apply to husked or polished antine Programs. rice imported for food purposes. (c) Pending development of adequate (b) Port of first arrival. The first port treating facilities in Guam, seed or within the United States where the paddy rice, rice straw, and rice hulls shipment is (1) offered for consumption that are subject to treatment as a con- entry or (2) offered for entry for imme- dition of entry therein must first be diate transportation in bond. entered and treated in accordance with (c) Inspector. An Inspector of the the requirements of this subpart at a Plant Protection and Quarantine Pro- United States port of arrival where grams of the United States Department such treating facilities are available. of Agriculture. (d) Should a shipment requiring treatment arrive at a port where facili- § 319.55–2 Application for permit. ties for such treatment are not main- tained, such shipment shall either be (a) Application for a permit to im- promptly shipped under safeguards and port seed or paddy rice from Mexico or by routing prescribed by the inspector rice straw or rice hulls from any coun- to an approved port where facilities for try, may be made to the Plant Protec- treatment are available, or it shall be tion and Quarantine Programs, indi- refused entry. cating in the application the locality where the desired material has been § 319.55–4 Issuance of permits. grown, the port of first arrival, and the Upon receipt of an application and name and address of the importer in upon approval by an inspector a permit the United States to whom the permit will be issued specifying the conditions should be sent, if other than the appli- of entry and the port of entry to carry cant. out the purposes of this subpart, and a (b) Applications for permits should be copy will be supplied to the importer. made in advance of the proposed ship- ments; but if, through no fault of the § 319.55–5 Notice of arrival by per- importer, a shipment should arrive be- mittee. fore a permit is received, the importa- Immediately upon the arrival of a tion will be held in customs custody at shipment at the port of first arrival, the port of first arrival, at the risk and the permittee or his agent shall submit expense of the importer, for a period a notice, in duplicate, to the Plant Pro- not exceeding 20 days, pending the re- tection and Quarantine Programs, ceipt of the permit. through the United States Collector of
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Customs, or, in the case of Guam, hulls shall be found upon arrival to be through the Customs officer of the dangerously infested or infected the in- Government of Guam, on a form pro- spector may direct immediate treat- vided for that purpose, stating the ment under adequate safeguards; and, number of the permit, the quantity in if the treatment and safeguards are not the shipment, the locality where put into effect as directed, the ship- grown, the date of arrival, and, if by ment shall be removed from the coun- rail, the name of the railroad company, try immediately or destroyed. the car numbers, and the terminal (2) Unless, within 20 days after the where the shipment is to be unloaded, date of arrival of a shipment at the or, if by vessel, the name of the vessel port at which the formal entry was and the designation of the dock where filed, the importation has received the the shipment is to be landed. required treatment, due notice of (Approved by the Office of Management and which shall be given to the collector of Budget under control number 0579–0049) customs by the inspector, demand will [24 FR 10788, Dec. 29, 1959, as amended at 48 be made by the collector for redelivery FR 57466, Dec. 30, 1983] of the shipment into customs custody under the terms of the entry bond, and, § 319.55–6 Inspection and disinfection if such redelivery is not made, the ship- at port of arrival. ment shall be removed from the coun- (a) Paddy rice. All importations of try or destroyed. seed or paddy rice from Mexico shall be (c) General. (1) All charges for stor- subject, as a condition of entry, to such age, cartage, and labor incident to in- inspection or disinfection, or both, at spection and disinfection, other than the port of arrival, as shall be required the services of the inspector, shall be by the inspector, and to the delivery to paid by the importer. the collector of customs by the inspec- (2) All shipments shall be so baled, tor of a written notice that the seed or bagged, or wrapped as to prevent scat- paddy rice has been inspected and tering or wastage. If, in the judgment found to be apparently free from plant of the inspector, a shipment is not so diseases and insect pests or that the re- bagged, baled, or wrapped, it shall be quired treatment has been given. reconditioned at the expense of the per- Should any shipment of such seed or mittee or entry may be refused. paddy rice be found to be so infested with insect pests or infected with plant § 319.55–7 Importations by mail. diseases that, in the judgment of the inspector, it cannot be cleaned by dis- Sections 319.55–2 to 319.55–6, inclu- infection or other treatment, the en- sive, provide for importations other- tire shipment may be refused entry. wise than through the mails. Importa- (b) Rice straw and rice hulls. (1) As a tions of seed or paddy rice from Mex- condition of entry, rice straw and rice ico, and of rice straw and rice hulls hulls shall be subject to inspection and from all foreign countries and local- to treatment at the port of arrival, ities, may be made by mail, Provided under the supervision of the inspector, (a) That a permit has been issued for by methods and at plants approved by the importation in accordance with the Plant Protection and Quarantine §§ 319.55–2, 319.55–4, and (b) That each Programs and, as a further condition of shipment is accompanied from the for- entry, in order to permit effective eign mailing point by a special mailing treatment, the contents of packages or tag directing the package to a Plant bales shall not be compressed to a den- Protection and Quarantine Programs sity of more than 30 pounds per cubic inspection station for inspection and, if foot. Rice straw and rice hulls will be necessary, for treatment, before being admitted only at ports where adequate released to the mails for delivery to facilities are available for such treat- the importer, unless entry is refused in ment. The required treatment must be accordance with the provisions of given within 20 days after arrival, but § 319.55–6. The special mailing tags will if any shipment of rice straw or rice be furnished on request to the importer
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for transmission in advance to his for- count of the citrus black fly, which is eign shipper. replaced by this section. (Approved by the Office of Management and (e) As used in this section unless the Budget under control number 0579–0049) context otherwise requires, the term ‘‘United States’’ means the continental [24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983] United States, Guam, Hawaii, Puerto Rico, and the Virgin Islands of the Subpart—Fruits and Vegetables United States. [24 FR 10788, Dec. 29, 1959, as amended at 66 QUARANTINE FR 21056, Apr. 27, 2001]
§ 319.56 Notice of quarantine. § 319.56a Administrative instructions (a) The fact has been determined by and interpretation relating to entry the Secretary of Agriculture, and no- into Guam of fruits and vegetables tice is hereby given: under § 319.56. (1) That there exist in Europe, Asia, (a) The following fruits and vegeta- Africa, Mexico, Central America, and bles may be imported into Guam with- South America, and other foreign out treatment except as it may be re- countries and localities, certain inju- quired under § 319.56–6 and they shall rious insects, including fruit and melon otherwise be subject to all the require- flies (Tephritidae), new to and not ments of this subpart as modified by heretofore widely distributed within this section: and throughout the United States, (1) All fruits and vegetables from the which affect and may be carried by Marianas Islands. fruits and vegetables commercially im- (2) All leafy vegetables and root crops ported into the United States or from the Bonin Islands, Volcano Is- brought to the ports of the United lands, and Ryukyu Islands. States as ships’ stores or casually by (3) All fruits and vegetables from the passengers or others, and Caroline Islands, except citrus fruits, (2) That the unrestricted importation and except taro from the Palau and of fruits and vegetables from the coun- Yap districts (the excepted products tries and localities enumerated may re- are not approved for entry into Guam sult in the entry into the United States under § 319.56 without treatment). of injurious insects, including fruit and (4) Allium, artichokes, bananas, bell melon flies (Tephritidae). (b) To prevent the introduction into peppers, cabbage, carrots, celery, Chi- the United States of the aforemen- nese cabbage, citrus fruits, eggplant, tioned injurious insects, the Secretary grapes, lettuce, melons, okra, parsley, has determined that it is necessary to peas, persimmons, potatoes, rhubarb, prohibit the importation into the squash (Cucurbita maxima), stone and United States of fruits and vegetables, pome fruits, string beans, and the plants or portions of plants sweetpotatoes, tomatoes, turnip used as packing material for such greens, turnips, and watermelons, from fruits and vegetables, except as other- Japan and Korea. wise provided in this subpart. (5) Leafy vegetables, celery, and po- (c) When the public interests will per- tatoes, from the Philippine Islands. mit, the Deputy Administrator of the (6) Carrots (without tops), celery, let- Plant Protection and Quarantine Pro- tuce, peas, potatoes, and radishes grams may, upon request in specific (without tops), from Australia. cases, authorize such importations into (7) Arrowroot, asparagus, bean Guam under conditions specified in the sprouts, broccoli, cabbage, carrots permit that are less stringent than (without tops), cassava, cauliflower, those contained in this subpart. celery, chives, cow-cabbage, dasheen, (d) This section leaves in full effect garlic, gingerroot, horseradish, kale, all special quarantines and other or- kudzu, leek, lettuce, onions, Por- ders now in force restricting the entry tuguese cabbage, turnip, udo, water into the United States of fruits and chestnut, watercress, waterlilyroot, vegetables with the exception of Quar- and yam bean root, from Taiwan (For- antine No. 49, with regulations, on ac- mosa).
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(8) Lettuce from Netherlands New not enterable into Guam except as they Guinea. are now, or may later be, listed in (9) Carrots, celery, lettuce, loquats, paragraph (a) of this section. Yams are onions, persimmons, potatoes, toma- included in the listings in paragraphs toes, and stone fruits, from New Zea- (a) (1) and (2) of this section. land. (f) Baskets or other containers made (10) Asparagus, carrots (without of coconut fronds are not approved for tops), celery, lettuce, and radishes use as containers for fruits and vegeta- (without tops) from Thailand. bles imported into Guam. Fruits and (11) Green corn on the cob. vegetables in such baskets or con- (12) All other fruits and vegetables tainers offered for importation into administratively approved for entry Guam will not be regarded as meeting into any other part or port of the the requirement of the first paragraph United States, except those for which a of § 319.56–2. treatment is specified as a condition of entry and except any which are now, or [24 FR 10788, Dec. 29, 1959, as amended at 29 may subsequently be, specifically des- FR 2329, Feb. 11, 1964; 29 FR 6614, May 21, ignated in this subpart as not ap- 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, Sept. 20, 1969; 35 FR 9105, June 12, 1970; 35 FR proved. 16678, Oct. 28, 1970; 58 FR 43497, Aug. 17, 1993; (b) The inspector in Guam may, in 65 FR 37667, June 15, 2000] his judgment, accept an oral applica- tion and issue an oral permit for prod- RULES AND REGULATIONS ucts within paragraph (a) of this sec- tion, which shall be deemed to fulfill § 319.56–1 Definitions. the requirements of §§ 319.56–3 and Above ground parts. Any plant parts, 319.56–4. He may waive the documenta- such as stems, leaves, fruit, or inflores- tion required in § 319.56–5 for such prod- cence, that grow solely above the soil ucts whenever he shall find that infor- surface. mation available from other sources Commercial shipment. A shipment con- meets the requirements under this sub- taining fruits and vegetables that an part for the information normally sup- plied by such documentation. inspector identifies as having been pro- (c) The provisions of §§ 319.56–2a and duced for sale and distribution in mass 319.56–2b shall not apply to chestnuts markets. Such identification will be and acorns imported into Guam and based on a variety of indicators, in- they shall be enterable without further cluding, but not limited to: quantity of permit, other than the authorization produce, type of packaging, identifica- contained in this paragraph, and with- tion of grower or packing house on the out other restriction under this sub- packaging, and documents consigning part, in accordance with the second the shipment to a wholesaler or re- paragraph of § 319.56–2. Inspections of tailer. such importations may be made under Cucurbits. Benincasa hispida (wax the general authority of § 330.105(a) of gourd), Citrullus lanatus (watermelon), this chapter. If an importation is found Cucumis spp. (including, but not lim- infected, infested, or contaminated ited to cucumber, kiwano, cantaloupe, with any plant pest and is not subject honeydew, muskmelon, and Indian to disposal under this part, disposition gherkin), Cucurbita spp. (including, but may be made in accordance with not limited to squash, zucchini, § 330.106 of this chapter. crenshaws, pumpkin, and marrow), (d) Coconuts with husks are not ap- Lagenaria spp. (including, but not lim- proved for entry into Guam from the ited to the white-flowered gourds), Trust Territory under § 319.56. Luffa spp. (including, but not limited (e) Application of the provisions of to luffa and angled luffa), Momordica §§ 319.56–2d, 319.56–2e, 319.56–2g, 319.56– balsamina (balsam-apple), Momordica 2k, 319.56–2l, and 319.56–2p is impracti- charantia (bitter gourd), and Sechium cable in the case of traffic into Guam edule (chayote). and therefore such application is with- Deputy Administrator. The Deputy Ad- drawn. The fruits and vegetables which ministrator, Plant Protection and are the subject of said provisions are Quarantine, or any person to whom the
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Deputy Administrator has delegated United States in accordance with his or her authority. § 319.37–2 of this part. Fresh fruits and vegetables. The edible, (d) Fruits and vegetables grown in more or less succulent, portions of food the British Virgin Islands may be im- plants in the raw or unprocessed state, ported into the Virgin Islands of the such as bananas, oranges, grapefruit, United States without further permit pineapples, tomatoes, peppers, lettuce, other than the authorization contained etc. in this paragraph but subject to the re- Inspector. An inspector of the Plant quirements of the first paragraph of Protection and Quarantine Programs, this section, and of §§ 319.56–5, 319.56–6 U.S. Department of Agriculture. and 319.56–7, except that such fruits and Plants or portions of plants. Leaves, vegetables are exempted from the no- twigs, or other portions of plants, or tice of arrival requirements of § 319.56– plant litter or rubbish as distinguished 5 when an inspector shall find that from clean fruits and vegetables, or equivalent information is obtainable other commercial articles. from the U.S. Collector of Customs. Port of first arrival. The first port (e) Any other fruit or vegetable, ex- within the United States where the cept those restricted to certain coun- shipment is (1) offered for consumption tries and districts by special quar- 1 entry or (2) offered for entry for imme- antine and other orders now in force diate transportation in bond. and by any restrictive order as may hereafter be promulgated, may be im- [24 FR 10788, Dec. 29, 1959, as amended at 52 ported from any country under a per- FR 29370, Aug. 7, 1987; 57 FR 54489, Nov. 19, mit issued in accordance with this sub- 1992] part and upon compliance with the reg- ulations in this subpart, at the ports as § 319.56–2 Restrictions on entry of shall be authorized in the permit, if the fruits and vegetables. U.S. Department of Agriculture, after (a) All importations of fruits and reviewing evidence presented to it, is vegetables must be free from plants or satisfied that the fruit or vegetable ei- portions of plants, as defined in § 319.56– ther: 1. (1) Is not attacked in the country of (b) Dried, cured, or processed fruits origin by injurious insects, including and vegetables (except frozen fruits and fruit and melon flies (Tephritidae); vegetables), including cured figs and (2) Has been treated or is to be treat- dates, raisins, nuts, and dried beans ed for all injurious insects that attack and peas, may be imported without it in the country of origin, in accord- permit or other compliance with the ance with conditions and procedures regulations in this subpart: Provided, that may be prescribed by the Adminis- That any such articles may be made trator; subject to entry only under permit and (3) Is imported from a definite area or on compliance with the safeguards to district in the country of origin that is be prescribed therein, when it shall be free from all injurious insects that at- determined by the Secretary of Agri- tack the fruit or vegetable, its impor- culture that the condition of drying, tation can be authorized without risk, curing, or processing to which they and its importation is in compliance have been subjected may not entirely with the criteria of paragraph (f) of eliminate risk. Such determination this section; or with respect to any such articles shall (4) Is imported from a definite area or become effective after due notice. district of the country of origin that is (c) Fruits and vegetables grown in free from certain injurious insects that Canada may be imported into the attack the fruit or vegetable, its im- United States without restriction portation can be authorized without under this subpart; provided, that the risk, and the criteria of paragraph (f) of potatoes from Newfoundland and that portion of the Municipality of Central 1 The importation of citrus fruits into the Saanich in the Province of British Co- United States from eastern and southeastern lumbia east of the West Saanich Road Asia and certain other areas is restricted by are prohibited importation into the the Citrus Fruit Quarantine, § 319.28.
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this section are met with regard to cordance with § 319.56–2(e) (3) or (4) and those certain insects, provided that all § 319.56–2(f) must be clearly labelled other injurious insects that attack the with: fruit or vegetable in the area or dis- (1) The name of the orchard or grove trict of the country of origin have been of origin, or the name of the grower, eliminated from the fruit or vegetable and by treatment or any other procedures (2) The name of the municipality and that may be prescribed by the Adminis- state in which it was produced, and trator. (3) The type and amount of fruit it (f) Before the Administrator may au- contains. thorize importation of a fruit or vege- table under § 319.56–2(e) (3) or (4), he or (h) The Administrator has deter- she must determine that the following mined that the following areas in Mex- criteria have been met: ico meet the criteria of paragraph (e) (1) Within the past 12 months, the and (f) of this section with regard to plant protection service of the country the plant pests Ceratitis capitata, of origin has established the absence of Anastrepha ludens, A. serpentina, A. infestations of injurious insects known obliqua, and A. fraterculus: Comondu´ , to attack fruits or vegetables in the Loreto, and Mulege´; in the State of definite area or district based on sur- Baja California Sur; the municipalities veys performed in accordance with re- of Bachiniva, Casas Grandes, quirements approved by the Adminis- Cuahutemoc, Guerrero, Namiquipa, and trator as adequate to detect these in- Nuevo Casas Grandes in the State of festations; Chihuahua; and the municipalities of (2) The country of origin has adopted Altar, Atil, Bacum, Benito Juarez, and is enforcing requirements to pre- Caborca, Cajeme, Carbo, Empalme, vent the introduction of injurious in- Etchojoa, Guaymas, Hermosillo, sects known to attack fruits and vege- Huatabampo, Navojoa, Pitiquito, tables into the definite area or district Plutarco Elias Calles, Puerto Penasco, of the country of origin that are San Luis Rio Colorado, San Miguel, deemed by the Administrator to be at and San Ignacio Rio Muerto in the least equivalent to those requirements State of Sonora. Fruits and vegetables imposed under this chapter to prevent otherwise eligible for importation the introduction into the United States under this subpart may be imported and interstate spread of injurious in- sects; and from these areas without treatment for (3) The plant protection service of the pests named in this paragraph. the country of origin has submitted to (i) Pending development of adequate the Administrator written detailed treating facilities in Guam, fruits and procedures for the conduct of surveys vegetables that are subject to treat- and the enforcement of requirements ment as a condition of entry therein under this paragraph to prevent the in- must first be entered and treated in ac- troduction of injurious insects. cordance with the requirements of this When used to authorize importation subpart at a U.S. port of arrival where under § 319.56–2(e)(3), the criteria must such treating facilities are available. be applied to all injurious insects that (j) The Administrator has determined attack the fruit or vegetable; when that all Districts in Belize, all Prov- used to authorize importation under inces in Chile, and the Department of § 319.56–2(e)(4), the criteria must be ap- Pete´n in Guatemala meet the criteria plied to those particular injurious in- of paragraphs (e) and (f) of this section sects from which the area or district is with regard to the insect pest Medi- to be considered free. terranean fruit fly (Medfly) (Ceratitis (g) Each box of fruit or vegetables capitata [Wiedemann]). Fruits and imported into the United States in ac-
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vegetables otherwise eligible for impor- chestnuts and acorns. Accordingly, this tation under this subpart may be im- treatment is approved as a condition of ported from these areas without treat- entry in connection with the issuance ment for Medfly. of permits under § 319.56–4 for the im- (Approved by the Office of Management and portation of chestnuts and acorns from Budget under control number 0579–0049) any country except Canada and Mex- ico. [24 FR 10788, Dec. 29, 1959, as amended at 52 (2) Ports of entry. Acorns and chest- FR 29370, Aug. 7, 1987; 53 FR 10057, Mar. 29, 1988; 53 FR 27956, July 26, 1988; 54 FR 12873, nuts to be offered for entry may be Mar. 29, 1989; 56 FR 1731, Jan. 17, 1991; 56 FR shipped from the country of origin to 10790, Mar. 14, 1991; 57 FR 10976, Apr. 1, 1992; United States ports which are named 58 FR 43497, Aug. 17, 1993; 58 FR 69179, Dec. 30, in the permit. 1993; 59 FR 9382, Feb. 28, 1994; 62 FR 50235, (3) Approved fumigation. The approved 50238, Sept. 25, 1997; 64 FR 2994, Jan. 20, 1999; treatment shall consist of fumigation 66 FR 45158, Aug. 28, 2001] with methyl bromide. The acorns and § 319.56–2a Permits required for entry chestnuts may be fumigated in vacuum of chestnuts and acorns and certain or normal atmospheric chambers, van coconuts. containers, or tarpaulins that have It has been determined that the dry- been approved for that purpose by the ing and processing of chestnuts and Plant Protection and Quarantine Pro- acorns, and of coconuts imported into grams. When the fumigation is carried Guam from the Trust Territory, may out under tarpaulins or in van con- not entirely eliminate risk of spread of tainers, it must be accomplished in a injurious insects. Therefore, notice is manner satisfactory to the inspector hereby given that chestnuts and acorns by insuring adequate air and com- of all varieties and species may be im- modity temperatures, and proper vola- ported into any part of the United tilization, distribution, and concentra- States from any foreign country and tion of the fumigant. Fumigation with coconuts may be imported into Guam methyl bromide shall be in accordance from the Trust Territory, only under with the following schedules: permit and upon compliance with the (i) In chamber at normal atmospheric safeguards prescribed therein pursuant pressure (NAP): to § 319.56–2. Methyl bromide Exposed Temperature (°F.) dosage in period § 319.56–2b Administrative instruc- pounds per (hours) tions; conditions governing the 1,000 cu. ft. entry of acorns and chestnuts. 90Ð96 ...... 4 3 (a) Countries other than Canada and 80Ð89 ...... 4 4 70Ð79 ...... 5 4 Mexico. Except for importations of 60Ð69 ...... 5 5 acorns and chestnuts grown in and 50Ð59 ...... 6 5 shipped from Canada and Mexico, 40Ð49 ...... 6 6 acorns and chestnuts are permitted entry into the United States under per- (ii) In chamber at 26″ vacuum: mit, for purposes other than propaga- Methyl bromide tion, under the provisions of § 319.56 as Temperature (°F.) dosage in Exposed period follows: pounds per (hours) 1,000 cu. ft. (1) Condition of entry. Notwith- standing § 319.56–2(e) (1) and (2), all 80Ð96 ...... 3 2 shipments of acorns and chestnuts are 70Ð79 ...... 4 2 60Ð69 ...... 4 3 required to be treated as a condition of 50Ð59 ...... 4 4 entry. Fumigation with methyl bro- 40Ð49 ...... 4 5 mide in accordance with procedures de- scribed in this section is effective (iii) In van containers or under tar- against the chestnut and acorn weevils, paulins: Fumiscope readings are re- Curculio elephas (Cyllenhal) and C. quired to assure minimum gas con- nucum Linnaeus; the nut fruit tortrix, centration as specified in this para- et al., Laspeyresia splendana (Hubner), graph (a)(3)(iii) of this section at the Laspeyresia spp., and Hemimene juliana end of the first one-half hour and at (Curtis); and other insect pests of the completion of the exposure period.
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Methyl bromide ment exposure period the nuts shall be ° dosage in Exposed period Temperature ( F.) pounds per (hours) aerated for a minimum of one-half 1,000 cu. ft. hour.
90Ð96 ...... 4 3 (4) Supervision of treatment. The treat- (minimum concentra- ment approved in this section must be tion first 1⁄2 hour— conducted under the supervision of an 58 oz.). (minimum concentra- inspector of the Plant Protection and tion at completion— Quarantine Programs. The inspector 34 oz.). shall require such safeguards in each 80Ð89 ...... 4 4 (minimum concentra- specific case for unloading and han- tion first 1⁄2 hour— dling of the nuts at the port of entry, 58 oz.). transportation of the nuts from the (minimum concentra- tion at completion— place of unloading to the treatment fa- 32 oz.). cilities, and their handling during fu- 70Ð79 ...... 5 4 (minimum concentra- migation and aeration as required by tion first 1⁄2 hour— paragraph (a)(3) of this section, as he 72 oz.). deems necessary to prevent the spread (minimum concentra- tion at completion— of plant pests and assure compliance 42 oz.). with the provisions of this subpart. If 60Ð69 ...... 5 5 any part of the treatment is conducted (minimum concentra- tion first 1⁄2 hour— in the country of origin, the person or 72 oz.). organization requesting the service (minimum concentra- must enter into a formal agreement tion at completion— 40 oz.). with the Plant Protection and Quar- 50Ð59 ...... 6 5 antine Programs to secure the services (minimum concentra- of an inspector. tion first 1⁄2 hour— 85 oz.). (5) Costs. All costs of treatment, re- (minimum concentra- quired safeguards, and supervision, tion at completion— 50 oz.). other than the services of the super- 40Ð49 ...... 6 6 vising inspector during regularly as- (minimum concentra- signed hours of duty and at the usual tion first 1⁄2 hour— 85 oz.). place of duty, shall be borne by the (minimum concentra- owner of the commodity or his rep- tion at completion— resentative. 48 oz.). (6) Department not responsible for dam- The fumigation temperatures used in ages. The treatment prescribed in para- these treatment schedules shall be that graph (a)(3) of this section is judged of the nut kernels. Acorns and chest- from experimental tests to be safe for nuts fumigated in van containers or use with acorns and chestnuts. How- under tarpaulins must be stacked in ever, the Department assumes no re- the container to provide for circulation sponsibility for any damage sustained of the fumigant under the load. Refrig- through or in the course of the treat- erated van containers fitted with floor ment, or because of safeguards required grooves meet this requirement. Van under paragraph (a)(4) of this section. containers not fitted with floor grooves (b) Canada and Mexico. Acorns and and tarpaulins should have provision chestnuts grown in and shipped from for air circulation under the load by Canada and Mexico for purposes other use of dunnage or pallets. Minimum than propagation are enterable without concentrations of fumigant during the permit or further restriction under this exposure period shall be maintained as subpart. specified in the treatment schedules. (c) Nuts for propagation. Acorns and Because of the presence of various chestnuts from any country may be gases emitted by the nuts, special fil- imported for purposes of propagation tering procedures will be necessary for only in accordance with § 319.37. determination of the actual fumigant concentrations. At the end of the treat- [37 FR 19799, Sept. 22, 1972]
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§ 319.56–2c Administrative instructions this section is considered necessary for authorizing the importation of fro- the elimination of pest risk, and no li- zen fruits and vegetables. ability shall attach to the U.S. Depart- (a) The type of treatment designated ment of Agriculture or to any officer or in this subpart as freezing shall be one representative of that Department in of those treatments commonly known the event of injury resulting to fruits as quick freezing, sharp freezing, or or vegetables offered for entry in ac- frozen pack. In general this involves an cordance with the instructions in this initial quick freezing at subzero tem- section. peratures with subsequent storage and transportation handling at not higher § 319.56–2d Administrative instruc- than 20 °F. Any equivalent freezing tions for cold treatments of certain method is also included in this designa- imported fruits. tion. (a) Treatments authorized. Fresh fruits (b) The Deputy Administrator of the imported in accordance with this sub- Plant Protection and Quarantine Pro- part and required under this subpart to grams, under authority contained in receive cold treatment as a condition § 319.56–2, hereby prescribes freezing as of entry must be cold treated in ac- a satisfactory treatment for all fruits cordance with the Plant Protection and vegetables enterable under permit under § 319.56. Such frozen fruits and and Quarantine (PPQ) Treatment Man- vegetables may be imported from any ual, which is incorporated by reference country under permit, on compliance at § 300.1 of this chapter. The cold with §§ 319.56–1 through 319.56–7 (exclu- treatments listed in the PPQ Treat- sive of non-related administrative in- ment Manual are authorized for any structions), at such ports as shall be fruit required to be cold treated under authorized in the permits. this subpart. (c) Such fruits and vegetables may (b) Place and manner of treatments—(1) not be removed from the vessel or vehi- Places of precooling and refrigeration. cle transporting them until it has been Refrigeration may be conducted while determined by an inspector of the the fruit is on shipboard in transit to Plant Protection and Quarantine Pro- the United States. If not so refrig- grams that they are in a satisfactory erated, the fruit must be both frozen state on arrival in this country. precooled and refrigerated after arrival (d) If the temperature of the fruits or only in cold storage warehouses ap- vegetables in any part of such an im- proved by the Deputy Administrator portation is found to be above 20 °F. at and located at the following ports: At- the time of inspection upon arrival, the lantic ports north of, and including, entire shipment shall remain on board Baltimore, MD; ports on the Great the vessel or vehicle under such safe- Lakes and St. Lawrence Seaway; Cana- guards as may be prescribed by the in- dian border ports on the North Dakota spector of the Plant Protection and border and east of North Dakota; the Quarantine Programs until the tem- maritime ports of Wilmington, NC, Se- perature of the shipment is below 20 attle, WA, and Gulfport, MS; Seattle- °F., or the shipment is transported out- Tacoma International Airport, Seattle, side the United States or its territorial WA; Hartsfield-Atlanta International waters, or is otherwise disposed of to Airport, Atlanta, GA; and Baltimore- the satisfaction of the inspector. (e) The importation from foreign Washington International and Dulles countries of frozen fruits and vegeta- International airports, Washington, bles is not authorized when such fruits DC. Fruit which is to be refrigerated in and vegetables are subject to attack in transit shall be precooled either at a the area of origin, by plant pests that dockside refrigeration plant prior to may not, in the judgment of the Dep- loading aboard the carrying vessel, or uty Administrator of the Plant Protec- aboard the carrying vessel. Refrigera- tion and Quarantine Programs, be de- tion shall be completed in the compart- stroyed by freezing. ment or room in which it is begun. (f) Freezing of fruits and vegetables (2) Precooling of fruit before departure. as authorized in the instructions in Fruit which is to be refrigerated in
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transit must be precooled to the tem- readily available to an inspector of perature designated in or under para- such Plant Protection and Quarantine graph (a) of this section. The Programs at the port of arrival. precooling may be conducted in accord- (ii) Refrigeration shall begin when ance with either paragraph (b)(2) (i) or the loading of precooled fruit has been (ii) of this section: completed or when precooling aboard (i) Fruit may be precooled at a dock- the vessel has been completed. Refrig- side refrigeration plant prior to loading eration shall continue until the vessel aboard the carrying vessel. Such fruit arrives at the port of destination and shall be precooled to a temperature at the fruit is released for unloading by which it can be transferred to the re- an inspector of the Plant Protection frigerated compartments on such ves- and Quarantine Programs, even though sel without a rise above the maximum this may prolong the refrigeration be- temperature prescribed in or under yond the required period. At least once paragraph (a) of this section. A respon- during every 24–hour period, the re- sible official of the Department of Ag- sponsible ship’s officer shall sign the riculture of the country of origin shall temperature chart, noting thereon the sample fruit temperatures in all sec- date and time. tions of the lot of fruit until he is sat- (4) Safeguarding untreated fruit. When- isfied that complete precooling has ever fruit is offered for entry as cold been accomplished in accordance with treated in transit and it cannot be es- this section and shall issue a certifi- tablished to the satisfaction of such in- cate to that effect. As the loading pro- spector that the fruit has received the ceeds the certifying official shall take required cold treatment, such safe- frequent temperature readings of indi- guards against the spread of fruitfly in- vidual boxes of fruit. A record of such festation as the inspector may pre- temperature readings shall accompany scribe shall be immediately applied. the certificate. (5) Cold treatment after arrival—(i) De- (ii) Fruit may be precooled aboard livery. Fruit to be both precooled and the carrying vessel. Such fruit shall be precooled in the same refrigerated refrigerated after arrival in the United compartments in which it is to be re- States shall be delivered under the su- frigerated. The boxes of the fruit shall pervision of an inspector of the Plant be spaced by horizontal wooden strips, Protection and Quarantine Programs so that each has at least 1 inch of to the approved cold storage warehouse clearance above and below to allow free where such treatment is to be con- circulation of the cooling air. At least ducted. 2 inches of clearance shall be allowed (ii) Precooling and refrigeration. The between stacks of the fruit. Carriers fruit must arrive at a temperature suf- desiring consideration of alternate ficiently low to prevent insect activity spacing arrangements may apply to the and shall be promptly precooled and re- Plant Protection and Quarantine Pro- frigerated. An automatic, continuous grams. temperature record is required of each (3) Refrigeration in transit. (i) Refrig- refrigeration, like that prescribed in eration in transit shall consist of hold- paragraph (b)(3) of this section for re- ing the fruit temperature at or below frigeration in transit. The number of the maximum temperature level for records required will be designated by the number of days prescribed in or the inspector for each refrigeration, de- under paragraph (a) of this section. A pending upon the circumstances of continuous, automatic temperature each operation. record under lock shall be maintained (iii) Customs. Shipments offered for from at least four locations to be des- entry before cold treatment may be al- ignated in each refrigerated compart- lowed to leave customs custody under ment by an inspector of the Plant Pro- redelivery bond for cold treatment. tection and Quarantine Programs. In Final release of the shipment by the large refrigerated compartments addi- U.S. Collector of Customs, or, in the tional temperature elements may be case of Guam, by the Customs officer of required. Charts from the temperature the Government of Guam, will be ef- recording apparatus shall be made fected after the inspector has notified
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the said Customs official that the re- (D) The cold treatment facility must quired cold treatment has been given. remain locked during non-working (iv) Special requirements for the mari- hours. time port of Wilmington, NC. Shipments (E) Blacklight or sticky paper must of fruit arriving at the maritime port be used within the cold treatment fa- of Wilmington, NC, for cold treatment, cility, and other trapping methods, in- in addition to meeting all of the re- cluding Jackson/methyl eugenol and quirements in paragraphs (b)(5)(i) McPhail traps, must be used within the through (b)(5)(iii) of this section, must 4 square miles surrounding the cold meet the following special conditions: treatment facility. (A) Bulk shipments (those shipments (F) The cold treatment facility must which are stowed and unloaded by the have contingency plans, approved by case or bin) of fruit must arrive in fruit the Deputy Administrator, for safely fly-proof packaging that prevents the destroying or disposing of fruit. escape of adult, larval, or pupal fruit (vi) Special requirements for the air- flies. ports of Atlanta, GA, and Seattle, WA. (B) Bulk and containerized shipments Shipments of fruit arriving at the air- of fruit must be cold-treated within the ports of Atlanta, GA, and Seattle, WA, area over which the Bureau of Customs for cold treatment, in addition to is assigned the authority to accept en- meeting all of the requirements in tries of merchandise, to collect duties, paragraphs (b)(5)(i) through (b)(5)(iii) of and to enforce the various provisions of this section, must meet the following the customs and navigation laws in special conditions: force. (A) Bulk and containerized shipments (C) Advance reservations for cold of fruit must arrive in fruit fly-proof treatment space must be made prior to packaging that prevents the escape of the departure of a shipment from its adult, larval, or pupal fruit flies. port of origin. (B) Bulk and containerized shipments of fruit arriving for cold treatment (D) The cold treatment facility must must be cold treated within the area remain locked during non-working over which the Bureau of Customs is hours. assigned the authority to accept en- (v) Special requirements for the mari- tries of merchandise, to collect duties, time port of Seattle, WA. Shipments of and to enforce the various provisions of fruit arriving at the maritime port of the customs and navigation laws in Seattle, WA, for cold treatment, in ad- force. dition to meeting all of the require- (C) The cold treatment facility and ments in paragraphs (b)(5)(i) through Plant Protection and Quarantine must (b)(5)(iii) of this section, must meet the agree in advance on the route by which following special conditions: shipments are allowed to move between (A) Bulk shipments (those shipments the aircraft on which they arrived at which are stowed and unloaded by the the airport and the cold treatment fa- case or bin) of fruit must arrive in fruit cility. The movement of shipments fly-proof packaging that prevents the from aircraft to cold treatment facility escape of adult, larval, or pupal fruit will not be allowed until an acceptable flies. route has been agreed upon. (B) Bulk and containerized shipments (D) Advance reservations for cold of fruit must be cold-treated within the treatment space must be made prior to area over which the Bureau of Customs the departure of a shipment from its is assigned the authority to accept en- port of origin. tries of merchandise, to collect duties, (E) The cold treatment facility must and to enforce the various provisions of remain locked during non-working the customs and navigation laws in hours. force. (F) Blacklight or sticky paper must (C) Advance reservations for cold be used within the cold treatment fa- treatment space must be made prior to cility, and other trapping methods, in- the departure of a shipment from its cluding Jackson/methyl eugenol and port of origin. McPhail traps, must be used within the
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4 square miles surrounding the cold (H) Blacklight or sticky paper must treatment facility. be used within the cold treatment fa- (G) The cold treatment facility must cility, and other trapping methods, in- have contingency plans, approved by cluding Jackson/methyl eugenol and the Deputy Administrator, for safely McPhail traps, must be used within the destroying or disposing of fruit. 4 square miles surrounding the cold (vii) Special requirements for the port of treatment facility. Gulfport, MS. Shipments of fruit arriv- (I) During cold treatment, a backup ing at the port of Gulfport, MS, for system must be available to cold treat cold treatment, in addition to meeting the shipments of fruit should the pri- all of the requirements in paragraphs mary system malfunction. The facility (b)(5)(i) through (b)(5)(iii) of this sec- must also have one or more reefers tion, must meet the following special (cold holding rooms) and methods of conditions: identifying lots of treated and un- (A) All fruit entering the port for treated fruits. cold treatment must move in maritime containers. No bulk shipments (those (J) The cold treatment facility must shipments which are stowed and un- have the ability to conduct methyl bro- loaded by the case or bin) are per- mide fumigations on-site. mitted at the port of Gulfport, MS. (K) The cold treatment facility must (B) Within the container, the fruit in- have contingency plans, approved by tended for cold treatment must be en- the Deputy Administrator, for safely closed in fruit fly-proof packaging that destroying or disposing of fruit. prevents the escape of adult, larval, or (6) Containers and season of arrival. pupal fruit flies. Containers should be uniform and suit- (C) All shipments of fruit arriving at ably constructed to maintain firm the port for cold treatment must be stacking in the compartment through- cold treated within the area over which out the voyage. Shipments may be the Bureau of Customs is assigned the made during any season of the year. authority to accept entries of merchan- Untreated fruit arriving in broken con- dise, to collect duties, and to enforce tainers must be immediately repacked the various provisions of the customs under the supervision of an inspector and navigation laws in force. or the contents must be immediately (D) The cold treatment facility and destroyed in a manner satisfactory to Plant Protection and Quarantine must the inspector. agree in advance on the route by which (7) Procedures in country of origin. (i) shipments are allowed to move between By arrangement between the Deputy the vessel on which they arrived at the Administrator of the Plant Protection port and the cold treatment facility. and Quarantine Programs and the The movement of shipments from ves- equivalent official in the country of or- sel to cold treatment facility will not igin, certifying officials will be des- be allowed until an acceptable route ignated by the country of origin. Their has been agreed upon. signatures shall be filed with the Plant (E) Advance reservations for cold treatment space at the port must be Protection and Quarantine Programs. made prior to the departure of a ship- (ii) Each container of fruit intended ment from its port of origin. for intransit refrigeration shall be (F) Devanning, the unloading of fruit stamped or marked as it is loaded on from containers into the cold treat- the carrying vessel so that it can be ment facility, must adhere to the fol- readily identified as such. Fruit being lowing requirements: shipped under permit to be completely (1) All containers must be unloaded cold treated at the Port of New York or within the cold treatment facility; and other subsequently designated north- (2) Untreated fruit may not be ex- ern ports shall not be so marked. posed to the outdoors under any cir- (iii) Fruit precooled at a dockside re- cumstances. frigeration plant shall be transferred to (G) The cold treatment facility must the refrigerated compartments on the remain locked during non-working carrying vessel without a rise in tem- hours. perature above the maximum for the
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desired refrigeration. When this trans- tificate shall also show the identifying fer has been accomplished, the certi- stamp or mark placed on all containers fying official shall issue a certificate of of fruit undergoing intransit refrigera- precooling. tion. (iv) Fruit to be precooled on the car- (c) Approval of precooling plants, re- rying vessel in the refrigerated com- frigerated compartments, warehouses. All partments shall be loaded under super- precooling plants in the country of ori- vision of the certifying official to as- gin, the refrigerated compartments on sure that all packages have the proper the carrying vessels, and cold storage clearance on all sides. warehouses at the Port of New York or (v) Fruit in transit for cold treat- subsequently designated northern ports ment after arrival shall be loaded in a must have prior approval of the Deputy separate compartment and segregated from any fruit that is being refrig- Administrator of the Plant Protection erated in transit. and Quarantine Programs before any (vi) Fruit not intended for any phase phase of cold treatment is begun. Re- of cold treatment shall not be loaded in quests for such approval shall be made the same refrigerated compartment to the Plant Protection and Quar- with fruit to be given such cold treat- antine Programs, Animal and Plant ment. Health Inspection Service, U.S. Depart- (vii) The certifying official shall cali- ment of Agriculture, Washington, DC brate the elements of the temperature 20250. 1 Hereafter before a shipboard re- recording instruments not more than 3 frigeration installation will be ap- days prior to the loading of fruit, by proved it must first be certified by the immersing them in a 32 °F. mixture of American Bureau of Shipping or a com- crushed ice and fresh water, and re- parable agency as in good order, with cording their deviation from 32 °F. He the insulated spaces clean and other- shall also supervise the placement of wise in satisfactory condition. the temperature elements in the proper (d) Caution and disclaimer. The cold places in the cargo of fruit. treatments required for the entry of (viii) The certifying official shall fruit are considered necessary for the record the following data, noting the elimination of plant pests, and no li- date and time, on the temperature ability shall attach to the U.S. Depart- chart: (a) Commencement of loading of ment of Agriculture or to any officer or each compartment, (b) insertion of the representative of that Department in sensing elements into the fruit, and (c) completion of loading of each compart- the event injury results to fruit offered ment. for entry in accordance with these in- (ix) The certificate of precooling, structions. In prescribing cold treat- when required, shall be issued in quad- ments of certain fruits, it should be ruplicate, to cover the cargo of one ves- emphasized that inexactness and care- sel. The original certificate shall be lessness in applying the treatments airmailed to the inspector of the Plant may result in injury to the fruit, or its Protection and Quarantine Programs rejection for entry. Oranges have been in charge at the port of destination. successfully cold treated for the false One copy shall accompany the carrying codling moth in commercial shipments vessel. The third copy shall be mailed at the temperature prescribed in para- to the Plant Protection and Quar- graph (a)(2)(v) of this section. Since antine Programs, Animal and Plant commercial varieties of oranges show a Health Inspection Service, U.S. Depart- wide variation in acceptable refrigera- ment of Agriculture, Washington, DC tion temperatures, it is recommended 20520. A record showing calibration of that extensive tests be made with each the elements of the temperature re- cording instruments, as required in 1 paragraph (b)(7)(vii) of this section Applications for permits to import fruit under this subpart may be made to the Ani- shall be attached to each certificate, mal and Plant Health Inspection Service, along with any record of the fruit tem- Plant Protection and Quarantine, Port Oper- perature readings required in para- ations, Permit Unit, 4700 River Road Unit graph (b)(2)(i) of this section. The cer- 136, Riverdale, Maryland 20737–1236.
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variety in the country of origin before contiguous 48 States, Alaska, and the shipping in commercial quantities. District of Columbia) only under per- mit and only in accordance with this [31 FR 16601, Dec. 29, 1966; as amended at 32 FR 12832, Sept. 8, 1967; 32 FR 13215, Sept. 19, section and all other applicable re- 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917, quirements of this subpart. Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR (a) Origin requirement. The grapefruit, 40796, Aug. 10, 1994; 59 FR 67610, Dec. 30, 1994; lemons, or oranges must have been 61 FR 47666, Sept. 10, 1996] grown in a grove located in a region of Argentina that has been determined to § 319.56–2e Administrative instruc- be free from citrus canker. The fol- tions; conditions governing the lowing regions in Argentina have been entry of cipollini from Morocco. determined to be free from citrus can- (a) Shipments of cipollini (Muscari ker: The States of Catamarca, Jujuy, comosum) from Morocco have fre- Salta, and Tucuman. quently been found infested at time of (b) Grove requirements. The grapefruit, entry with an injurious insect, lemons, or oranges must have been Exosoma lusitanica, not known to grown in a grove that meets the fol- occur in the United States. The limited lowing conditions: type of inspection at our disposal is not (1) The grove must be registered with considered adequate to detect all cases the citrus fruit export program of the of infestation and, since the effective- Servicio Nacional de Sanidad y Calidad ness of methyl bromide fumigation in Agroalimentaria (SENASA). freeing this product from the insect in (2) The grove must be surrounded by question is now well established, it has a 150-meter-wide buffer area. No citrus been decided to require this fumigation fruit grown in the buffer area may be as a condition of entry for future ship- offered for importation into the United ments. States. (b) On and after December 7, 1939, (3) Any new citrus planting stock therefore, fumigation with methyl bro- used in the grove must meet one of the mide will be a condition of entry for all following requirements: shipments of cipollini from Morocco. (i) The citrus planting stock origi- This treatment shall be carried out nated from within a State listed in under the supervision of a plant quar- paragraph (a) of this section; or antine inspector at the expense of the (ii) The citrus planting stock was ob- importer, and release of the shipment tained from a SENASA-approved citrus will be withheld until the treatment stock propagation center. has been completed. In addition to fu- (4) All fallen fruit, leaves, and migation only such inspection will be branches must be removed from the given as the inspector may judge nec- ground in the grove and the buffer area essary from time to time to determine before the trees in the grove blossom. pest conditions on arrival or to assure The grove and buffer area must be in- himself of the effectiveness of the spected by SENASA before blossom to treatment. verify that these sanitation measures (c) The entry of cipollini from Mo- have been accomplished. rocco may be made only through the (5) The grove and buffer area must be ports of New York and Boston at which treated at least twice during the grow- ports facilities for vacuum fumigation ing season with an oil-copper with methyl bromide, as herein re- oxychloride spray. The timing of each quired, are available. treatment shall be determined by [24 FR 10788, Dec. 29, 1959. Redesignated at 50 SENASA’s expert system based on its FR 9788, Mar. 12, 1985] monitoring of climatic data, fruit sus- ceptibility, and the presence of disease § 319.56–2f Administrative instructions inoculum. The application of treat- governing importation of grape- ments shall be monitored by SENASA fruit, lemons, and oranges from Ar- to verify proper application. gentina. (6) The grove and buffer area must be Fresh grapefruit, lemons, and or- surveyed by SENASA 20 days before anges may be imported from Argentina the grapefruit, lemons, or oranges are into the continental United States (the harvested to verify the grove’s freedom
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from citrus black spot (Guignardia citrus black spot and sweet orange citricarpa) and sweet orange scab scab. The fruit must then be chemi- (Elsinoe australis). The grove’s freedom cally treated as follows: from citrus black spot and sweet or- (i) Immersion in sodium hypochlorite ange scab shall be verified through: (chlorine) at a concentration of 200 (i) Visual inspection of the grove and parts per million for 2 minutes; buffer area; and (ii) Immersion in orthophenilphenate (ii) The sampling of 4 fruit from each of sodium; of 298 randomly selected trees from (iii) Spraying with imidazole; and each grove and buffer area covering a (iv) Application of 2–4 thiazalil benz- maximum area of 800 hectares. If the imidazole and wax. area to be sampled exceeds 800 hec- (5) Before packing, the treated fruit tares, SENASA must contact APHIS must be individually labeled with a for APHIS’ determination as to the sticker that identifies the packing- number of trees to be sampled. The house in which they were packed and sampled fruit must be taken from those portions of the trees that are must be inspected by SENASA to mostly likely to have infected, sympto- verify its freedom from citrus black matic fruit (i.e. near the outer, upper spot and sweet orange scab and to en- part of the canopy on the sides of the sure that all stems, leaves, and other tree that receive the most sunlight). portions of plants have been removed The sampled fruit must be held in the from the fruit. laboratory for 20 days at 27 °C, 80 per- (6) The fruit must be packed in clean, cent relative humidity, and in perma- new boxes that are marked with the nent light to promote the expression of SENASA registration number of the symptoms in any fruit infected with grove in which the fruit was grown and citrus black spot. a statement indicating that the fruit (c) After harvest. After harvest, the may not be distributed in Hawaii, grapefruit, oranges, or lemons must be Guam, the Northern Mariana Islands, handled in accordance with the fol- Puerto Rico, the U.S. Virgin Islands, or lowing conditions: in any State (each of which must be in- (1) The fruit must be moved from the dividually listed) into which the dis- grove to the packinghouse in field tribution of the fruit is prohibited pur- boxes or containers of field boxes that suant to paragraph (g)(1) or (g)(2) of are marked to show the SENASA reg- this section. istration number of the grove in which (d) Phytosanitary certificate. Grape- the fruit was grown. The identity of fruit, lemons, and oranges offered for the origin of the fruit must be main- entry into the United States from Ar- tained. gentina must be accompanied by a (2) During the time that any grape- phytosanitary certificate issued by fruit, lemons, or oranges from groves SENASA that states the grapefruit, meeting the requirements of paragraph lemons, or oranges were produced and (b) of this section are in the packing- handled in accordance with the re- house, no fruit from groves that do not quirements of paragraphs (a), (b), and meet the requirements of paragraph (b) (c) of this section and that the grape- of this section may enter the packing- fruit, lemons, or oranges are appar- house. A packinghouse technician reg- ently free from citrus black spot and istered with SENASA must verify the sweet orange scab. origin of all fruit entering the packing- (e) Cold treatment. Due to the pres- house. ence in Argentina of Mediterranean (3) After arriving at the packing- fruit fly (Medfly) (Ceratitis capitata) and house, the fruit must be held at room fruit flies of the genus Anastrepha, temperature for 4 days to allow bruises grapefruit, lemons (except smooth- or other fruit damage to become appar- skinned lemons), and oranges offered ent. for entry from Argentina must be (4) After the 4-day holding period, treated with an authorized cold treat- bruised or damaged fruit must be ment listed in the Plant Protection culled and the fruit must be inspected and Quarantine Treatment Manual, by SENASA to verify its freedom from which is incorporated by reference at
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§ 300.1 of this chapter. The cold treat- boxes must be clearly marked with all ment must be conducted in accordance the information required by paragraph with the requirements of § 319.56–2d of (c)(6) of this section. this subpart. (Approved by the Office of Management and (f) Disease detection. If, during the Budget under control number 0579–0134) course of any inspection or testing re- quired by this section or § 319.56–6 of [65 FR 37668, June 15, 2000] this subpart, or at any other time, cit- § 319.56–2g Administrative instruc- rus black spot or sweet orange scab is tions prescribing method of treat- detected on any grapefruit, lemons, or ment of garlic from specified coun- oranges, APHIS and SENASA must be tries. notified and the grove in which the (a) Except as otherwise provided in fruit was grown or is being grown shall these administrative instructions, fu- be removed from the SENASA citrus migation with methyl bromide in vacu- export program for the remainder of um fumigation chambers, in accord- that year’s growing and harvest season, ance with the Plant Protection and and the fruit harvested from that grove Quarantine Treatment Manual, which may not be imported into the United is incorporated by reference at § 300.1 of States from the time of detection this chapter, is a condition of entry through the remainder of that shipping under permit for all shipments of garlic season. (Allium sativum) from Algeria, Armenia, (g) Limitations on distribution. The dis- Austria, Azerbaijan, Czech Republic, tribution of the grapefruit, lemons, and Egypt, Estonia, France, Georgia, Ger- oranges is limited to the continental many, Greece, Hungary, Iran, Israel, United States (the 48 contiguous Italy, Latvia, Lithuania, Moldova, Mo- States, Alaska, and the District of Co- rocco, Portugal, Romania, the area of lumbia.). In addition, during the 2000 the Russian Federation west of the through 2003 shipping seasons, the dis- Ural Mountains, Slovakia, South Afri- tribution of the grapefruit, lemons, and ca (Republic of), Spain, Switzerland, oranges is further limited as follows: Syria, Turkey, Ukraine, and the area (1) During the 2000 and 2001 shipping of the former Yugoslavia. Fumigation seasons, the fruit may be distributed in is to be carried out under the super- all areas of the continental United vision of a plant quarantine inspector States except Alabama, Arizona, Ar- and at the expense of the importer. kansas, California, Colorado, Florida, While it is believed that the garlic will Georgia, Louisiana, Mississippi, Ne- be unaffected by the fumigation, the vada, New Mexico, Oklahoma, Oregon, treatment will be at the importer’s Texas, and Utah. risk. Such entry will be limited to (2) During the 2002 and 2003 shipping ports named in the permits, where ap- seasons, the fruit may be distributed in proved facilities for vacuum fumiga- all areas of the continental United tion with methyl bromide are avail- States except Arizona, California, Flor- able. ida, Louisiana, and Texas. (b)(1) The following alternate proce- (3) For the 2004 shipping season and dure is approved by the Deputy Admin- beyond, the fruit may be distributed in istrator of the Plant Protection and all areas of the continental United Quarantine Programs as a condition of States. entry under permit for shipments of (h) Ports of entry. The grapefruit, garlic (Allium sativum) from Italy and lemons, and oranges may enter the Spain: United States only through a port of (i) A certificate shall be obtained entry located in a State where the dis- from the appropriate phytosanitary of- tribution of the fruit is authorized pur- ficial of the country of origin to the ef- suant to paragraph (g) of this section. fect that such garlic is free of living (i) Repackaging. If any grapefruit, stages of Brachycerus spp. and lemons, or oranges are removed from Dyspessa ulula (Bkh.), said certifi- their original shipping boxes and re- cation to be based on field inspection packaged, the stickers required by and certification and subsequent reex- paragraph (c)(5) of this section may not amination at the port of departure be removed or obscured and the new prior to exportation. The
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phytosanitary certificate to be issued fruit fly (Ceratitis capitata), the Queens- by such official shall show the ship- land fruit fly (Dacus tryoni), and the ment to be either initially free from light brown apple moth (Epiphyas these pests or to have been fumigated. postvittana). (ii) The original copy of the (2) If an APHIS inspector finds evi- phytosanitary certificate shall be at- dence of any other insect pests for tached to the manifest accompanying which a treatment authorized in the the shipment. However, with the con- Plant Protection and Quarantine sent of the Plant Quarantine inspector, Treatment Manual is available, the the importer may arrange to have the grapes will remain eligible for importa- original phytosanitary certificate tion into the United States only if they mailed direct to the Inspector in are treated for the pests in Australia, Charge, Plant Protection and Quar- or at their first port of arrival in the antine Programs, at the port of entry, United States, under the supervision of if this will expedite inspection and re- an APHIS inspector. lease of certified shipments. If such an (b) Authorized treatments. Authorized arrangement is made, a copy of the treatments are listed in the Plant Pro- phytosanitary certificate shall be at- tection and Quarantine Treatment tached to the manifest accompanying Manual, which is incorporated by ref- the shipment. erence. For the full identification of (iii) Shipments of certified Italian or this standard, see § 300.1 of this chap- Spanish garlic will be subject to in- ter, ‘‘Materials incorporated by ref- spection upon arrival in the United erence.’’ States and if found infested with living (c) Trust Fund Agreement. Grapes that stages of Brachycerus spp. or Dyspessa undergo the fumigation phase of their ulula (Bkh.) shall be fumigated in ac- treatment in Australia may be im- cordance with paragraph (a) of this sec- ported into the United States only if tion. the national plant protection service of (2) The entry of certified garlic under Australia has entered into a trust fund the alternate procedure provided for in agreement with APHIS. This agree- paragraph (b)(1) of this section will be ment requires the national plant pro- limited to the ports named in para- tection service of Australia to pay in graph (a)(1) of this section or such advance all costs that APHIS esti- other ports as may subsequently be mates it will incur in providing serv- named in the permits. ices in Australia. These costs include (3) Continuance of the alternate pro- administrative expenses and all sala- cedure provided for in paragraph (b)(1) ries (including overtime and the Fed- of this section for the importation of eral share of employee benefits), travel Italian or Spanish garlic is contingent expenses, and other incidental expenses upon the satisfactory observance of incurred by APHIS inspectors in per- such procedure by the respective coun- forming these services. The agreement tries of origin. requires the national plant protection [24 FR 10788, Dec. 29, 1959, as amended at 35 service of Australia to deposit a cer- FR 18385, Dec. 3, 1970; 36 FR 24917, Dec. 24, tified or cashier’s check with APHIS 1971. Redesignated at 50 FR 9788, Mar. 12, for the amount of these costs, as esti- 1985; 62 FR 50235, Sept. 25, 1997] mated by APHIS. If the deposit is not sufficient to meet all costs incurred by § 319.56–2h Regulations governing the APHIS, the agreement further requires entry of grapes from Australia. the national plant protection service of (a) Importations allowed. (1) Grapes Australia to deposit with APHIS a cer- from Australia may be imported into tified or cashier’s check for the amount the United States only if they are in- of the remaining costs, as determined spected by an inspector of the Animal by APHIS, before the grapes may be and Plant Health Inspection Service imported. After a final audit at the [APHIS], either in Australia or the conclusion of each shipping season, any United States, and treated with an au- overpayment of funds would be re- thorized treatment under the super- turned to the national plant protection vision of an APHIS inspector for the service of Australia, or held on account following pests: the Mediterranean until needed.
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(d) Department not responsible for dam- signed statistical sample will be taken age. The treatment for grapes from under § 319.56–6 by the inspector of the Australia prescribed in the Plant Pro- plant protection and quarantine pro- tection and Quarantine Treatment grams from each shipment 3 of apples Manual is judged from experimental and each shipment of pears moved from tests to be safe. However, the Depart- New Zealand or Australia (including ment assumes no responsibility for any Tasmania), that are offered for entry damage sustained through or in the into the United States and, if inspec- course of such treatment. tion of such sample discloses that pests [55 FR 25953, June 26, 1990] of the family Tortricidae (fruit-leaf roller complex) which are dangerous § 319.56–2i Administrative instructions and destructive pests of apples and prescribing treatments for mangoes pears are not present in the shipment from Central America, South Amer- sampled and the shipment therefore ica, and the West Indies. does not present a risk of introducing (a) Authorized treatments. Treatment such pest, such fruit may be imported with an authorized treatment listed in under § 319.56–2(e)(2) without treatment the Plant Protection and Quarantine as prescribed in paragraph (a)(2) of this Treatment Manual will meet the treat- section. If any such pests are found on ment requirements imposed under such inspection the shipment must be § 319.56–2 as a condition for the impor- treated as prescribed in paragraph tation into the United States of man- (a)(2) of this section. goes from Central America, South (2) Approved fumigation. Fumigation America, and the West Indies. The with methyl bromide in accordance Plant Protection and Quarantine with procedures described in this sec- Treatment Manual is incorporated by tion is effective against certain insect reference. For the full identification of pests of the family Tortricidae found in this standard, see § 300.1 of this chap- Australia (including Tasmania) and ter, ‘‘Materials incorporated by ref- New Zealand. Accordingly, this treat- erence.’’ ment is required as a condition of (b) Department not responsible for dam- entry under § 319.56–2(e)(3) for any ship- age. The treatments for mangoes pre- ment of apples or pears required to be scribed in the Plant Protection and treated under paragraph (a)(1) of this Quarantine Treatment Manual are section. judged from experimental tests to be The fruit may be fumigated in normal safe. However, the Department as- atmospheric chambers, under tarpau- sumes no responsibility for any damage lins, in van trucks or other enclosures sustained through or in the course of that have been approved for that pur- such treatment. pose by an inspector of the plant pro- [65 FR 37669, June 15, 2000] tection and quarantine programs. When the fumigation is carried out, it § 319.56–2j Conditions governing the must be accomplished in a manner sat- entry of apples and pears from Aus- isfactory to the inspector to insure tralia (including Tasmania) and adequate air and commodity tempera- New Zealand. 2 tures, and proper volatilization, dis- Apples and pears from Australia (in- tribution, and concentration of the fu- cluding Tasmania) and New Zealand migant, for effective destruction of all may be imported only in accordance such pests present. Apples and pears to with § 319.56–2(e) (2) or (3) and under be fumigated may be packed in wooden permit and in compliance with this sec- crates, fiberboard cartons, or other tion and the other requirements of this gas-permeable containers. The fruit subpart. must be packed so as to provide for (a) Conditions of entry—(1) Statistical sample inspection. A biometrically de- 3A shipment is defined as all of a type (genus) of fruit from the same country of ori- 2 Apples and pears from Australia (exclud- gin offered at a U.S. port and from a single ing Tasmania) where certain tropical fruit carrier, regardless of marks and numbers, flies occur are also subject to the cold treat- growers’ lots, Customs entries, or numbers of ment requirements of § 319.56–2d. importers involved.
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maximum distribution of the fumigant. shall require such safeguards in each If the fruit is packed in a gas-imper- specific case for unloading and han- vious liner, the liner must be per- dling of the fruit at the port of entry, forated to provide for the entry and transportation of the fruit from the aeration of the methyl bromide gas. place of unloading to the treatment fa- The individual fruit may be wrapped cilities, and its handling during fumi- with tissue paper. Cubic feet of space gation and aeration as required by under fumigation shall include the load paragraph (a)(2) of this section, as he of fruit to be fumigated. The exposure deems necessary to prevent the spread period shall begin when all the fumi- of insect pests and assure compliance gant which has been introduced into with the provisions of this subpart. the chamber or enclosure has been (5) Costs. All costs of treatment, re- volatilized. The fumigation tempera- quired safeguards, and supervision, tures required in these treatments other than the services of the super- shall be that of the pulp temperatures vising inspector during regularly as- of the fruit. Fumigation with methyl signed hours of duty and at the usual bromide shall be in accordance with place of duty, shall be borne by the the following schedules: owner of the fruit or his representa- (i) Chamber: 1 tive.
MB at NAP 11⁄2 lb for 2 hours at 80Ð89 °F. (6) Department not responsible for dam- ages. The treatment prescribed in para- graph (a)(2) of this section is judged from experimental tests and uses for quarantine purposes to be safe for fu- (ii) Tarpaulin truck van and refrig- migation of apples and pears. However, erator railway car fumigation: the Department assumes no responsi- 1 1 bility for any damage sustained MB at NAP 1 ⁄2 lb/1,000 ft3 for 2 ⁄2 hours at 80Ð 89 °F. (18 oz minimum gas con- through or in the course of the treat- centration at 1⁄2 hour) (14 oz min- ment or because of safeguards required imum gas concentration at 21⁄2 under paragraph (a)(4) of this section. hours). 2 lbs/1,000 ft3 for 21⁄2 hours at 70Ð79 °F. (25 oz minimum gas [38 FR 9005, Apr. 9, 1973, as amended at 47 FR 13320, Mar. 30, 1982. Redesignated at 50 FR concentration at 1⁄2 hour) (18 oz 9788, Mar. 12, 1985] minimum gas concentration at 21⁄2 hours). 21⁄2 lbs/1,000 ft3 for 21⁄2 hours at 60Ð69 °F. (31 oz minimum § 319.56–2k Administrative instruc- gas concentration at 1⁄2 hour) (24 tions prescribing method of fumiga- oz minimum gas concentration at tion of field-grown grapes from 21⁄2 hours). 3 lbs/1,000 ft3 for 21⁄2 specified countries. hours at 50 Ð59 °F. (36 oz min- Approved fumigation with methyl imum gas concentration at 1⁄2 hour) bromide at normal atmospheric pres- (28 oz. minimum gas concentration sure, in accordance with the following at 21⁄2 hours). 4 lb/1,000 ft3 for 21⁄2 hours at 40Ð49 °F. (45 oz minimum procedure, is hereby prescribed as a 1 condition of entry under permit for all gas concentration at ⁄2 hour) (34 oz minimum gas concentration at shipments of field-grown grapes from 21⁄2 hours). the continental countries of southern and middle Europe, North Africa, and (3) Ports of entry. Apples and pears to the Near East listed in paragraph (a) of be offered for entry under this section this section. This fumigation shall be may be shipped to any U.S. port where in addition to other conditions pre- inspectors are located and which are scribed in the permit as conditions of named in the permit. entry for field-grown grapes from the (4) Supervision of treatment. The treat- areas named. ment approved in this section must be (a) Continental countries of southern conducted under the supervision of an and middle Europe, North Africa, and the inspector of the plant protection and Near East. As used in this section, the quarantine programs. The inspector term ‘‘continental countries of south- ern and middle Europe, North Africa, 1 MB=methyl bromide; NAP=normal atmos- and the Near East’’ means Algeria, pheric pressure. Austria, Bulgaria, Cyprus, Egypt,
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France, Germany, Greece, Hungary, (f) Costs. All costs of treatment and Israel, Italy, Libya, Luxembourg, Por- required safeguards and supervision, tugal, Spain, Switzerland, Syria, and other than the services of the super- Union of Soviet Socialist Republics. vising inspector during regularly as- (b) Ports of entry. Grapes to be offered signed hours of duty and at the usual for entry must be shipped from the place of duty, shall be borne by the country of origin to New York or such owner of the grapes or his representa- other North Atlantic ports as may be tive. named in the permit. (g) Department not responsible for dam- (c) Precooling of fruit. Grapes to be of- age. The treatment prescribed in para- fered for entry must be shipped under graph (d) of this section is judged from refrigeration and the fruit may not be experimental tests to be safe for use removed from the vessel until the in- with field-grown grapes. However, the spector has satisfied himself that this Department assumes no responsibility requirement has been complied with for any damage sustained through or in and that the fruit can be moved the course of such treatment or by promptly for treatment without danger compliance with requirements under 1 of plant pest dissemination. paragraph (e) of this section or in the (d) Approved fumigation. Approved fu- precooling of fruit required prior to un- migation shall consist of fumigation loading from the vessel. with methyl bromide at normal atmos- pheric pressure in a fumigation cham- [24 FR 10788, Dec. 29, 1959. Redesignated at 50 ber that has been approved for that FR 9788, Mar. 12, 1985] purpose by the Plant Protection and Quarantine Programs. The fumigation § 319.56–2l Administrative instructions may also be accomplished under tar- prescribing method of treatment of paulins in a manner, satisfactory to imported yams. the inspector, that will insure adequate (a) Fumigation upon arrival. Except as air and fruit temperatures, volatiliza- otherwise provided in paragraph (b) of tion, distribution, and concentration of this section, approved fumigation with the fumigant. Such fumigation shall be methyl bromide at normal atmospheric in accordance with the following fumi- pressure, in accordance with the fol- gation schedule: lowing procedure, upon arrival at the port of entry, is hereby prescribed as a Methyl bromide dos- Temperature, degrees age in pounds per Exposure condition of importation under permit F. 1,000 cubic feet time—hours under § 319.56–2 for shipments of yams from all foreign countries. 70Ð79 ...... 2 21⁄2 60Ð69 ...... 21⁄2 21⁄2 (1) Ports of entry. Yams to be offered 50Ð59 ...... 3 21⁄2 for entry may be shipped, under permit 40Ð49 ...... 31⁄2 21⁄2 under § 319.56–2, direct from the country (e) Supervision of fumigation. Inspec- of origin to ports in the United States tors of the Plant Protection and Quar- where approved fumigation facilities antine Programs shall supervise the fu- are available. migation of grapes and shall prescribe (2) Approved fumigation. (i) The ap- such safeguards as may be necessary proved fumigation shall consist of fu- for unloading, handling, and transpor- migation with methyl bromide at nor- tation preparatory to fumigation or mal atmospheric pressure, in a fumiga- other treatment. The final release of tion chamber that has been approved the fruit for entry into the United for that purpose by the Plant Protec- States will be conditioned upon com- tion and Quarantine Programs. The pliance with prescribed safeguards and dosage shall be applied at the following required treatments. rates:
Dosage (pounds of Exposure 1 Grapes from countries where the Medi- Temperature, (°F.) methyl bromide per period terranean fruit fly occurs are subject to the 1,000 cubic feet) (hours) cold treatment as described in § 319.56–2d. Under certain conditions such treatment 90Ð96 ...... 2.5 4 80Ð89 ...... 3.0 4 may be effected in transit or upon arrival at 70Ð79 ...... 3.5 4 the port of New York.
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(ii) Yams to be fumigated may be assumes no responsibility for any dam- packed in slatted crates or other gas- age sustained through or in the course permeable containers. The fumigation of treatment or because of chamber shall not be loaded to more pretreatment or posttreatment safe- than two-thirds of its capacity. The guards. four-hour exposure period shall begin (b) Alternate procedures. (1) Yams pro- when all the fumigant has been intro- duced in Japan and offered for entry duced into the chamber and volatilized. under a permit issued in accordance Cubic feet of space shall include the with § 319.56–2 shall be subject to exam- load of yams to be fumigated. The re- ination by an inspector at the port of quired temperatures apply to both the entry. If this examination shows the air and the yams. Good circulation yams to be free of plant pests, they above and below the load shall be pro- may be imported without the fumiga- vided as soon as the yams are loaded in tion required by paragraph (a) of this the chamber and shall continue during section. the full period of fumigation and until (2) Yams produced in Cuba, if satis- the yams have been removed to a well- factorily treated in Cuba and otherwise ventilated location. Fumigation of handled and certified as provided in yams below the minimum temperature this subparagraph will be eligible for prescribed in the fumigation schedule entry under permit under § 319.56–2. may result in injury to the yams and (i) Approved fumigation. The yams should be avoided. Yams are sensitive shall be fumigated at approved plants to bruising and should be carefully in Cuba in accordance with paragraph packed to prevent this. At the same (a)(2) of this section. time they should be given as much aer- (ii) Approval of fumigation plants; costs ation as possible. of supervision. Fumigation in Cuba will (3) Other conditions. (i) Inspectors of be contingent upon the availability of the Plant Protection and Quarantine a fumigation plant, approved by the Programs will supervise the fumigation Deputy Administrator of the Plant of yams and will specify such safe- Protection and Quarantine Programs, guards as may be necessary for their to apply the treatment prescribed in handling and transportation before and paragraph (a)(2) of this section and after fumigation, if, in the opinion of upon the availability of qualified per- the inspector, this is necessary to as- sonnel for assignment to approve the sure there will be no pest risk associ- plant and to supervise the treatment ated with the importation and treat- and posttreatment handling of the ment. Final release of the yams for yams in Cuba. Those in interest must entry into the United States will be make advance arrangements for ap- conditioned upon compliance with the proval of the fumigation plant and for specified safeguards. supervision, and furnish the Deputy (ii) Supervision of approved fumiga- Administrator of the Plant Protection tion chambers will, if practicable, be and Quarantine Programs with accept- carried on as a part of normal port in- able assurances that they will provide, spection activities. When so available without cost to the United States De- such supervision will be furnished partment of Agriculture, for all trans- without cost to the owner of the yams portation, per diem, and other inci- or his representative. dental expenses of such personnel and (4) Costs. All costs of treatment and compensation for such personnel for required safeguards and supervision, their services in excess of 40 hours other than the services of the super- weekly, in connection with such ap- vising inspector during regularly as- proval and supervision, according to signed hours of duty and at the usual the rates established for the payment place of duty, shall be borne by the of inspectors of the Plant Protection owner of the yams, or his representa- and Quarantine Programs. tive. (iii) Supervision of fumigation and sub- (5) Department not responsible for dam- sequent handling. The fumigation pre- age. While the prescribed treatment is scribed in this paragraph and the sub- judged from experimental tests to be sequent handling of the yams so fumi- safe for use with yams, the Department gated must be under the supervision of
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a representative of the Plant Protec- § 319.56–2m Administrative instruc- tion and Quarantine Programs. The tions prescribing method of fumiga- treated yams must be safeguarded tion of apricots, grapes, nectarines, against insect infestation during the peaches, plumcot, and plums from period prior to shipment from Cuba, in Chile. a manner required by such representa- Approved fumigation with methyl tive. bromide at normal atmospheric pres- (iv) Certification. Yams will be cer- sure, in accordance with the following tified by a representative of the Plant procedure, is hereby prescribed as a Protection and Quarantine Programs condition of entry under permit for all in Cuba for entry into the United shipments of apricots, grapes, nec- States upon the basis of treatment tarines, peaches, plumcot, and plums under this subparagraph and compli- from Chile. This fumigation shall be in ance with the posttreatment safeguard addition to other conditions that may requirements imposed by such rep- be prescribed in the permit, such as a resentative. The final release of the limitation as to origin, and require- yams for entry into the United States ments as to marking containers, safe- will be conditioned upon compliance guarding shipments from fruit fly in- with such requirements and upon satis- festation, and obtaining Chilean cer- factory inspection on arrival to deter- tification. mine efficacy of treatment. (a) Ports of entry. (1) Grapes from Chile may be imported through all (v) Costs. All costs incident to fumi- maritime ports when approved facili- gation, including those for construc- ties are available for fumigation in ap- tion, equipping, maintaining and oper- proved chambers or under tarpaulins. ating fumigation plants and facilities, (2) Apricots, nectarines, peaches, and carrying out requirements of plumcot, and plums from Chile may be posttreatment safeguards, and all costs imported through ports on the Great as indicated in paragraph (b)(2)(ii) of Lakes, or on the Atlantic and Gulf this section incident to plant approval Coasts (exclusive of Florida ports), sub- and supervision of treatment and sub- ject to the availability of such ap- sequent handling of the yams in Cuba proved fumigation facilities. shall be borne by the owner of the (b) Approved fumigation. Approved fu- yams or his representative. migation shall consist of fumigation (vi) Department not responsible for with methyl bromide at normal atmos- damage. The treatment prescribed in pheric pressure in a fumigation cham- paragraph (a)(2) of this section is ber that has been approved for that judged from experimental tests to be purpose by the Plant Protection and safe for use with yams. However, the Quarantine Programs. The fumigation Department assumes no responsibility may also be accomplished under tar- for any damage sustained through or in paulins in a manner, satisfactory to the course of treatment, or because of the inspector, that will ensure ade- posttreatment safeguards. quate air and fruit temperatures, and (vii) Ports of entry. Yams to be offered volatilization, distribution, and con- for entry in accordance with the alter- centration of the fumigant. The treat- nate procedure provided for in this sub- ment period shall be 2 hours for cham- paragraph may be entered under per- ber fumigation and 21⁄2 hours for tar- mit under § 319.56–2 at any United paulin fumigation, and the load shall States port where an inspector is sta- not exceed 80 percent of the chamber tioned. volume or area enclosed by the tar- (viii) Ineligible shipments. Any ship- paulin. The fumigation shall be in ac- ments of yams produced in Cuba that cordance with the following schedule: are not eligible for certification under the alternate procedure provided for in ° Dosage—pounds of methyl Temperature ( F.) bromide per 1,000 cu. ft. this paragraph may enter only upon compliance with paragraph (a) of this 80Ð89 (inclusive) ...... 11⁄2 section. 70Ð79 (inclusive) ...... 2 60Ð69 (inclusive) ...... 21⁄2 [24 FR 10788, Dec. 29, 1959. Redesignated at 50 50Ð59 (inclusive) ...... 3 40Ð49 (inclusive) ...... 4 FR 9788, Mar. 12, 1985]
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(c) Supervision of fumigation. Inspec- § 319.56–2n Administrative instruc- tors of the Plant Protection and Quar- tions prescribing a combination antine Programs shall supervise the fu- treatment of fumigation plus refrig- migation of apricots, grapes, nec- eration for certain fruits. tarines, peaches, plumcot, and plums Fumigation with methyl bromide at from Chile and shall prescribe such normal atmospheric pressure followed safeguards as may be necessary for un- by refrigerated storage, in accordance loading, handling, and transportation preparatory to fumigation or other with the procedures described in this treatment. The final release of the section, is specific for the Mediterra- fruit for entry into the United States nean fruit fly, the oriental fruit fly, will be conditioned upon compliance and the grape vine moth, and for cer- with prescribed safeguards and re- tain pests of grapes and other fruit quired treatments. from Chile, but may not be effective (d) Costs. All costs of treatment and against certain other dangerous pests required safeguards and supervision, of fruit. Accordingly this treatment other than the services of the super- will be approved for use as an alter- vising inspector during regularly as- native method of treatment to the signed hours of duty and at the usual methods prescribed in § 319.56–2d and place of duty, shall be borne by the § 319.56–2n, in connection with the owner of the fruits or his representa- issuance of permits under § 319.56–4 for tive. the importation of fruits from any (e) Department not responsible for dam- country when it is determined that the age. The treatment prescribed in para- pest risk involved in the proposed im- graph (b) of this section is judged from portation is such that it will be elimi- experimental tests to be safe for use nated by this treatment. with apricots, grapes, nectarines, peaches, plumcot, and plums from (a) Ports of entry. Fruits to be offered Chile. However, the Department as- for entry may be shipped from the sumes no responsibility for any damage country of origin to United States sustained through or in the course of ports which are named in the permit. such treatment or by compliance with (b) Approved treatment. The phases of requirements under paragraph (c) of the combination treatment shall con- this section. sist of fumigation and aeration, and a precooling and refrigeration period. [25 FR 10865, Nov. 16, 1960, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR The fumigation dosage rates and refrig- 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; eration periods are designated in the 58 FR 69179, Dec. 30, 1993] following table:
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(1) Fumigation and aeration. The ap- (d) Costs. All costs of treatment, re- proved fumigation shall consist of fu- quired safeguards, and supervision of migation with methyl bromide at 70 °F. treatments by the inspector shall be or above at normal atmospheric pres- borne by the owner of the fruit, or his sure in a fumigation chamber that has representative, when the treatment is been approved for that purpose by the given in foreign countries. There is no Plant Protection and Quarantine Pro- charge for supervision of treatments grams. The fumigation may also be ac- given at authorized U.S. ports of entry complished under tarpaulins, in a man- during regularly scheduled hours of ner satisfactory to the inspector, that duty. will insure adequate air circulation and (e) Department not responsible for dam- proper volatilization, distribution, and age. The treatment prescribed in para- concentration of the fumigant. The graph (b) of this section is judged from fruit may be packed in field boxes, limited experimental tests to be safe slatted crates, or well-perforated, for use with fruits likely to be infested unwaxed cardboard cartons with ap- with the Mediterranean fruit fly or the proved packing material such as wood oriental fruit fly, or with the grape excelsior or cardboard dividers. The vine moth or other pests of grapes or fruit may be individually wrapped with other fruits from Chile. However, the conventional tissue which is gas per- Department assumes no responsibility meable. When stacking the fruit for fu- for any damage sustained through or in migation, spacing must be provided to the course of the treatment. There has insure adequate gas circulation. The not been an opportunity to test the load shall not exceed 80 percent of the treatment on all varieties of fruits that volume of the area under fumigation. may be offered for entry from various Following the fumigation, an aeration countries. It is recommended that the period of 2 hours is required. phytotoxicity of the treatment to the (2) Precooling and refrigeration period. variety to be shipped shall be tested by At the conclusion of the aeration pe- exporters in the country of origin or by riod, the fruit shall be precooled and means of test shipments sent to this refrigerated in approved facilities for country. any one of the periods designated in the table in this section. Cooling shall [35 FR 283, Jan. 8, 1970, as amended at 36 FR begin as soon as possible after the aer- 24917, Dec. 24, 1971. Redesignated at 50 FR ation period, but in no event may the 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985] time lapse between the termination of fumigation and the beginning of the § 319.56–2o Administrative instruc- precooling exceed 24 hours. Cooling to tions prescribing method of treat- ment of avocados for the Mediterra- the required refrigeration temperature nean fruit fly, the melon fly, and shall be effected as soon as possible. the oriental fruit fly. The refrigeration period shall not com- mence until the fruit pulp tempera- Fumigation with methyl bromide at tures indicate the prescribed tempera- normal atmospheric pressure followed ture range has been reached. by refrigerated storage in accordance (c) Supervision of treatment and subse- with the procedures described in this quent handling. The treatment ap- section is effective against the Medi- proved in this section and the subse- terranean fruit fly, the melon fly, and quent handling of the fruit so treated the oriental fruit fly in avocados but is must be conducted under the super- not effective against other dangerous vision of an inspector of the Plant Pro- pests of this fruit. Accordingly, this tection and Quarantine Programs. If treatment will be approved for treat- any part of the treatment is conducted ment of avocados in connection with in the country of origin, the organiza- the issuance of permits under § 319.56–4 tion requesting the service must enter for the importation of avocados from into a formal agreement with this any country when it is determined that Plant Protection and Quarantine Pro- the pest risk involved in the proposed grams to secure the services of an in- importation is such that it will be spector. eliminated by this treatment.
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(a) Ports of entry. Avocados offered erated storage shall consist of 7 days at for entry will be regulated by one of fruit pulp temperature of 45 °F. or the following provisions: below. The time required to cool the (1) Avocados certified as having re- pulp temperature to 45 °F. or below ceived the combined fumigation-refrig- may be included in the 7-day period eration treatment in the country of or- provided the cooling is accomplished in igin immediately prior to shipment are 24 hours or less. Temperature sensors enterable at all ports under permit. inserted in the avocados will determine (2) Avocados certified as having been when pulp temperatures have reached fumigated in the country of origin and 45 °F. or below. which are receiving the refrigeration storage on board approved transiting (c) Supervision of treatments and subse- vessels are enterable at the U.S. ports quent handling. The treatment ap- named in the permit upon completion proved in this section and the subse- of the refrigerated storage period. quent handling of the avocados so (3) Avocados which have not been treated must be conducted under the treated are enterable at the ports supervision of an Inspector of the Plant named in the permit for treatment Protection and Quarantine Programs. upon arrival. If any part of the treatment is con- (b) Approved treatment. The phases of ducted in the country of origin, the or- the combination treatment shall con- ganization requesting the service must sist of fumigation and aeration; and a enter into a formal agreement with precooling and refrigeration period. this Plant Protection and Quarantine (1) The fumigant shall be methyl bro- Programs to secure the services of an mide applied at normal atmospheric inspector. pressure in an enclosure which has (d) Costs. All costs of treatment, re- been approved for that purpose by the quired safeguards, and supervision of Plant Protection and Quarantine Pro- grams. The dosage shall be two pounds treatments by the inspector shall be borne by the owner of the avocados or per 1,000 cubic feet for 21⁄2 hours at 70 °F. or above. At the conclusion of the his representative when the treatment 21⁄2-hour exposure period, the avocados is given in foreign countries. There is shall be aerated for minimum of 30 no charge for supervision of treatments minutes. Avocados to be fumigated given at authorized U.S. ports of entry shall be restricted to fruit at the ma- during regularly scheduled hours of ture green stage of development and be duty. arranged in ventilated wooden boxes, (e) Department not responsible for dam- without packing material or wrap- age. The treatment prescribed in para- pings. Fumigation chambers should not graph (b) of this section is judged from be loaded to more than two-thirds of experimental tests to be safe for use on their capacity. Tarpaulin enclosures avocados at the mature green stage of should not be loaded to more than 80 development. However, the Department 1 percent of their capacity. The 2 ⁄2-hour of Agriculture assumes no responsi- exposure period shall begin when all bility for any damage sustained the fumigant has been volatilized and through or in the course of treatment. introduced into the enclosure. Forced circulation above and below the load, There has not been an opportunity to and between individual containers, test the treatment on all varieties of shall be provided as soon as the avoca- avocados that may be offered for entry dos are loaded in the chamber and shall from various countries. It is rec- continue during the full period of fumi- ommended that the phytotoxicity of gation and until the avocados have the treatment to the variety to be been removed to a well ventilated loca- shipped shall be tested by exporters in tion. the country of origin or by means of (2) The refrigerated phase of the test shipments sent to this country. treatment shall consist of refrigeration for 7 days at 45 °F. or below. Cooling of [35 FR 2503, Feb. 4, 1970, as amended at 36 FR 24917, Dec. 24, 1971. Redesignated at 50 FR the fruit must begin within 24 hours 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985] following the fumigation. The refrig-
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§ 319.56–2p Administrative instruc- the article is eligible for importation tions prescribing treatment and re- into the United States; and lieving restrictions regarding im- (vii) United States means the several portation of okra from Mexico, the states of the United States, the Dis- West Indies, and certain countries trict of Columbia, the Northern Mar- in South America. iana Islands, Puerto Rico, and all other (a) Conditions for issuance of permits. territories and possessions of the (1) Under § 319.56–2, okra may be im- United States.’’ ported under permit and in compliance (b) Authorized treatment procedure. (1) with the regulations in this subpart, The treatment shall consist of fumiga- from Mexico, the West Indies, Colom- tion with methyl bromide at normal bia, Ecuador, Peru, Suriname and Ven- atmospheric pressure, under super- ezuela and any other South American vision, in a fumigation chamber which country specified in the permit, upon has been approved for that purpose, as presentation of evidence that it has prescribed in this section. This treat- been treated in accordance with the ment is specific for the pink bollworm procedure prescribed in paragraph (b) (Pectinophora gossypiella (Saunders) of this section. which is known to occur in Mexico, the (2) Further, it is hereby determined, West Indies, and South America. Under pursuant to § 319.56, that existing con- certain cultural conditions this pest ditions as to the pest risk involved in will infest okra. the importation of okra from such (2) Approval of fumigation chambers. (i) countries make it safe to make less Fumigation chambers in the United stringent the restrictions contained in States or elsewhere will be approved § 319.56–2, by allowing the importation only if they are properly constructed of okra, as provided in paragraphs (c), and adequately equipped to handle and (d), and (e) of this section without rou- treat okra. Within the United States tinely requiring such treatment. the chambers must be located within (3) As used in this section—(i) West the practicable supervisory range of in- Indies means the foreign islands lying spectors of the Plant Protection and between North and South America, the Quarantine Programs stationed at the Caribbean Sea, and the Atlantic Ocean, ports of entry authorized in permits for divided into the Bahamas, the Greater the importation of okra. Approval of Antilles, and the Lesser Antilles (in- fumigation chambers outside the cluding the Leeward Islands, the Wind- United States will depend upon the ward Islands, and the islands north of availability of qualified inspectors for Venezuela); assignment to supervise the treatment (ii) Inspector means an inspector of and posttreatment handling of okra. the Plant Protection and Quarantine (ii) Determination of eligibility for Programs, Animal and Plant Health In- approval under this section of fumiga- spection Service of the Department of tion plants will be made by an inspec- Agriculture; tor of the Plant Protection and Quar- (iii) Enter into the United States means antine Programs. to introduce into the commerce of the (3) Fumigation schedule. Such fumiga- United States after release from gov- tion shall be in accordance with the ernment detention; following fumigation schedule: (iv) Import into the United States Dosage (pounds of means to bring within the territorial Temperature (°F.) methyl bromide per Exposure pe- limits of the United States; 1,000 cubic feet) riod (hours) (v) Port of arrival means the first 90Ð96 ...... 1.0 2 place at which a carrier containing 80Ð89 ...... 1.5 2 okra stops to unload cargo after com- 70Ð79 ...... 2.0 2 60Ð69 ...... 2.5 2 ing within the territorial limits of the 50Ð59 ...... 3.0 2 United States; 40Ð49 ...... 3.5 2 (vi) Permit means a document issued for an article by Plant Protection and (4) Fumigation procedure. Okra to be Quarantine, Animal and Plant Health fumigated may be packed in slatted Inspection Service, United States De- crates or other gas-permeable con- partment of Agriculture, stating that tainers. The fumigation chamber shall
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not be loaded to more than two-thirds compliance with the prescribed safe- of its capacity. The containers may be guards. stacked one on top of another, but a 3- (6) Ports of entry. Okra required to be to 4-inch space must be provided be- treated for the pink bollworm may be tween all containers throughout the imported into the United States only load. Good air circulation above and at New Orleans or such other South At- below the load shall be provided as lantic or gulf ports with approved soon as the okra is loaded and must be treatment facilities as may be named continued during the full period of fu- in the permit, except that, in addition, migation and until the okra has been Mexican okra required to be treated for removed to a well-ventilated location. the pink bollworm may be imported Strong blasts of air should not be di- into the United States at Mexican Bor- rected against the okra. Fumigation at der ports named in the permit. temperatures in excess of 90 °F. may (7) Costs. Persons desiring to import result in injury to okra and should be okra required to be treated under this avoided if possible. Past experience in- section must make advance arrange- dicates that injury may also result ments for approval of the fumigation from excess moisture, such as residual plant and for supervision of the fumi- moisture from harvesting when dew- gation by an authorized inspector. All covered. costs of constructing, maintaining, and (5) Supervision of fumigation—(i) Other operating fumigation plants and facili- than interior of Mexico. Inspectors will ties, and carrying out specified supervise the fumigation of okra at ap- pretreatment and posttreatment safe- proved fumigation plants in locations guards, and all additional costs to the other than those in the interior of Mex- Department arising from supervision ico and will specify safeguards in spe- under this section, by an inspector cific cases for the packing, other han- away from his regular place of official dling and transportation of the okra duty or outside of his regular hours of before and subsequent to fumigation, official duty (including as appropriate, if, in the opinion of the inspector, this base salary, overtime and holiday pay, is necessary to assure that there will travel subsistence, transportation, em- be no risk of introducing plant pests ployee benefits, and incidental ex- into the United States associated with penses) shall be borne by the owner of the treatment and importation of the the okra or his representative. Where okra. The final release of the okra for normal inspection activities preclude entry into the United States will be the furnishing of supervision during conditioned upon compliance with the regularly assigned hours of duty, su- specified safeguards. Such supervision pervision will be furnished on a reim- at plants within the United States will bursable basis. The owner of the okra be carried on as a part of normal port or his representative must furnish the inspection activities. Deputy Administrator of the Plant (ii) Interior of Mexico. Inspectors will Protection and Quarantine Programs supervise the fumigation of okra at ap- with acceptable assurances that he will proved fumigation plants in the inte- provide funds to the U.S. Department rior of Mexico and will prescribe safe- of Agriculture to cover all costs of su- guards in specific cases for the packing pervision, in accordance with §§ 354.1 and other handling of the okra at the and 354.2 of this chapter and this para- treating plant and the transportation graph. of the okra from the time it leaves the (8) Department not responsible for dam- treating plant until it reaches the U.S. age. While the prescribed treatment is port of entry, if in the opinion of the judged from experimental tests to be inspector this is necessary to assure safe for use with okra, the Department that there will be no risk of intro- assumes no responsibility for any dam- ducing plant pests into the United age sustained through or in the course States associated with the treatment of treatment or because of and importation of the okra. The final pretreatment or posttreatment safe- release of the okra for entry into the guards. There has not been an oppor- United States will be conditioned upon tunity to test these treatments under
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all conditions or on all okra varieties Island, Bahamas, may be imported into or on okra from all areas involved. the United States under permit (c) Importations of okra without treat- through any port named in the permit, ment from the Dominican Republic, Mex- without treatment but subject to in- ico, and Suriname Okra produced in the spection at the port of arrival. Okra Dominican Republic, Mexico, or produced in the West Indies may be im- Suriname, may be entered into the ported into the American Virgin Is- United States without treatment for lands without treatment but subject to the pink bollworm only if: inspection at the port of arrival. (1) The okra is imported from the Do- (f) Treatment of okra for pests other minican Republic, Mexico, or Suriname than pink bollworm. If, upon examina- under permit; tion of okra imported in accordance (2) The okra is made available for ex- with paragraphs (c), (d), or (e) of this amination by an inspector at the port section, an inspector at the port of ar- of arrival and remains at the port of rival finds injurious insects, other than arrival until released by an inspector; the pink bollworm, that do not exist in (3) During March 16 through Decem- the United States or are not wide- ber 31, inclusive, the okra is not moved spread in the United States, the okra into California; and will remain eligible for entry into the (4) During May 16 through November United States only if it is treated for 30, inclusive, the okra is not moved the injurious insects in the physical into Alabama, Arkansas, Florida, Geor- presence of an inspector in accordance gia, Louisiana, Mississippi, Nevada, with the Plant Protection and Quar- North Carolina, South Carolina, Ten- antine Treatment Manual. The Plant nessee, or any part of Illinois, Ken- Protection and Quarantine Treatment tucky, Missouri, or Virginia south of Manual is incorporated by reference. the 38th parallel. See § 300.1 of this chapter, Materials in- (d) Importation of okra without treat- corporated by reference.’’ If the treatment ment from the West Indies and certain authorized by the Plant Protection and countries in South America. Okra pro- Quarantine Treatment Manual is not duced in the West Indies, Colombia, Ec- available, or if no authorized treatment uador, Peru, Venezuela, or other South exists, the okra may not be entered into American country, designated in ac- the United States. cordance with § 319.56–2 in a permit to [35 FR 18033, Nov. 25, 1970, as amended at 36 import okra, may be imported into the FR 24917, Dec. 24, 1971. Redesignated at 50 FR United States through any North At- 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985; lantic port with approved treatment fa- 54 FR 33666, Aug. 16, 1989; 57 FR 54489, Nov. 19, cilities, under permit and subject to in- 1992] spection at the port of arrival but without treatment for the pink § 319.56–2q Administrative instruc- bollworm in paragraph (d)(2) of this tions: Conditions governing the section if destined to: Alaska, Colo- entry of citrus from South Africa. rado, Connecticut, Delaware, Hawaii, Clementine (Citrus reticulata), grape- Idaho, Indiana, Iowa, Kansas, Maine, fruit (Citrus paradisi), lemon (Citrus Maryland, Massachusetts, Michigan, limon), minneola (C. paradisi x C. Minnesota, Montana, Nebraska, New reticulata), navel orange (Citrus Hampshire, New Jersey, New York, sinensis), satsuma (Citrus reticulata), North Dakota, Ohio, Oregon, Pennsyl- and valencia orange (Citrus sinensis) vania, Rhode Island, South Dakota, may be imported into the United Utah, Vermont, Washington, West Vir- States from the Western Cape Province ginia, Wisconsin, or Wyoming, or the of South Africa only under the fol- District of Columbia, or any part of Il- lowing conditions: linois, Kentucky, Missouri, or Virginia, (a) The citrus fruit must be grown in, north of the 38th parallel. packed in, and shipped from the West- (e) Importation of okra without treat- ern Cape Province of South Africa. ment from Andros Island of the Bahamas; (b) The citrus fruit must be cold and okra without treatment from the West treated for false codling moth and fruit Indies for importation into the American flies of the genus Ceritatis and Virgin Islands. Okra produced in Andros Pterandrus in accordance with the
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Plant Protection and Quarantine penses incurred in conducting the in- Treatment Manual, which is incor- spection services; and all salaries (in- porated by reference at § 300.1 of this cluding overtime and the federal share chapter. of employee benefits), travel expenses (1) If the cold treatment is to be con- (including per diem expenses), and ducted in the United States, entry of other incidental expenses incurred by the citrus fruit into the United States the inspectors in performing these is limited to ports listed in § 319.56– services. The agreement requires the 2d(b)(1). plant protection service to deposit a (2) If the cold treatment is conducted certified or cashier’s check with the in South Africa or in transit to the Animal and Plant Health Inspection United States, entry of the citrus into Service (APHIS) for the amount of the United States may be made these costs, as estimated by PPQ. If through any U.S. port. the deposit is not sufficient to meet all (c) Each shipment of citrus fruit must be accompanied by a costs incurred by PPQ, the agreement phytosanitary certificate issued by the further requires the plant protection South African Ministry of Agriculture service to deposit with APHIS a cer- stating that the conditions of para- tified or cashier’s check for the amount graph (a) of this section have been met. of the remaining costs, as determined (Approved by the Office of Management by PPQ, before the inspection will be and Budget under control number 0579– completed. 0049) (c) Responsibilities of the exporting country. The apples or pears may be im- [62 FR 595, Jan. 6, 1997] ported in any single shipping season § 319.56–2r Administrative instructions only if all of the following conditions governing the entry of apples and are met: pears from certain countries in Eu- (1) Officials of the plant protection rope. service must survey each orchard pro- (a) Importations allowed. Pursuant to ducing apples or pears for shipment to § 319.56(c), the Administrator has deter- the United States at least two times mined that the following fruits may be between the time of spring blossoming imported into the United States in ac- and harvest. If the officials find any cordance with this section and other leaf mines that suggest the presence of applicable provisions of this subpart: Leucoptera malifoliella in an orchard, (1) Apples from Belgium, Denmark, the officials must reject any fruit har- France, Germany, Great Britain, Italy, vested from that orchard during that The Netherlands, Northern Ireland, growing season for shipment to the Norway, Portugal, the Republic of Ire- United States. If the officials find evi- land, Spain, Sweden, and Switzerland; dence in an orchard of any other plant (2) Pears from Belgium, France, pest referred to in paragraph (g) of this Great Britain, Italy, The Netherlands, section, they must ensure that the or- Portugal, and Spain. chard and all other orchards within 1 (b) Trust fund agreement. Except as kilometer of that orchard will be treat- provided in paragraph (h) of this sec- ed for that pest with a pesticide ap- tion, the apples or pears may be im- ported only if the national plant pro- proved by the U.S. Environmental Pro- tection service of the exporting coun- tection Agency, in accordance with try (referred to in this section as the label directions and under the direction plant protection service) has entered of the plant protection service. If the into a trust fund agreement with Plant officials determine that the treatment Protection and Quarantine (PPQ) for program has not been applied as re- that shipping season. This agreement quired or is not controlling the plant requires the plant protection service to pest in the orchard, they must reject pay in advance all estimated costs in- any fruit harvested from that orchard curred by PPQ in providing the during that growing season for ship- preclearance inspections prescribed in ment to the United States. paragraph (d) of this section. These (2) The apples or pears must be iden- costs will include administrative ex- tified with the orchard from which
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they are harvested (the producing or- supervision of a PPQ inspector. How- chard) until the fruit arrives in the ever, if the entire grower lot is not United States. treated in this manner, or if a plant (3) The apples or pears must be proc- pest is found for which no treatment essed and inspected in the approved authorized in the Plant Protection and packing sheds as follows: Quarantine Treatment Manual is avail- (i) Upon arrival at the packing shed, able, the entire grower lot will be re- the apples or pears must be inspected jected for shipment to the United for insect pests as follows: For each States. grower lot (all fruit delivered for proc- (4) Apples or pears that pass inspec- essing from a single orchard at a given tion at approved packing sheds must be time), packing shed technicians must presented to PPQ inspectors for examine all fruit in one carton on preclearance inspection as prescribed every third pallet (there are approxi- in paragraph (d) of this section or for mately 42 cartons to a pallet), or at inspection in the United States as pre- least 80 apples or pears in every third scribed in paragraph (h) of this section. bin (if the fruit is not in cartons on (5) Apples and pears presented for pallets). If they find any live larva or preclearance inspection must be identi- pupa of Leucoptera malifoliella, they fied with the packing shed where they must reject the entire grower lot for were processed, as well as with the pro- shipment to the United States, and the ducing orchard, and this identity must plant protection service must reject for be maintained until the apples or pears shipment any additional fruit from the arrive in the United States. producing orchard for the remainder of (6) Facilities for the preclearance in- the shipping season. spections prescribed in paragraph (d) of (ii) The apples or pears must be sort- this section must be provided in the ex- ed, sized, packed, and otherwise han- porting country at a site acceptable to dled in the packing sheds on grading PPQ. and packing lines used solely for fruit (7) Any apples or pears rejected for intended for shipment to the United shipment into the United States may States, or, if on grading and packing not, under any circumstance, be pre- lines used previously for other fruit, sented again for shipment to the only after the lines have been washed United States. with water. (d) Preclearance inspection. (iii) During packing operations, ap- Preclearance inspection will be con- ples and pears must be inspected for in- ducted in the exporting country by sect pests as follows: All fruit in each PPQ inspectors. Preclearance inspec- grower lot must be inspected at each of tion will be conducted for a minimum two inspection stations on the packing of 6,000 cartons of apples or pears, line by packing shed technicians. In ad- which may represent multiple grower dition, one carton from every pallet in lots from different packing sheds. The each grower lot must be inspected by cartons examined during any given officials of the plant protection serv- preclearance inspection will be known ice. If the inspections reveal any live as an inspection unit. Apples or pears larva or pupa of Leucoptera malifoliella, in any inspection unit may be shipped the entire grower lot must be rejected to the United States only if the inspec- for shipment to the United States, and tion unit passes inspection as follows: the plant protection service must re- (1) Inspectors will examine, fruit by ject for shipment any additional fruit fruit, a biometrically designed statis- from the producing orchard for the re- tical sample of 300 cartons drawn from mainder of that shipping season. If the each inspection unit. inspections reveal any other insect (i) If inspectors find any live larva or pest referred to in paragraph (g) of this pupa of Leucoptera malifoliella, they will section, and a treatment authorized in reject the entire inspection unit for the Plant Protection and Quarantine shipment to the United States. The in- Treatment Manual is available, the spectors also will reject for shipment fruit will remain eligible for shipment any additional fruit from the producing to the United States if the entire grow- orchard for the remainder of the ship- er lot is treated for the pest under the ping season. However, other orchards
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represented in the rejected inspection spection unit in accordance with the unit will not be affected for the re- preclearance procedures prescribed in mainder of the shipping season because paragraph (d) of this section. of that rejection. Additionally, if in- (e) Termination of preclearance pro- spectors reject any three inspection grams. The Administrator may termi- units in a single shipping season be- nate the preclearance program in a cause of Leucoptera malifoliella on fruit country if he determines that any of processed by a single packing shed, no the conditions specified in paragraph additional fruit from that packing shed (c) of this section are not met or be- will be accepted for shipment to the cause of pests found during United States for the remainder of that preclearance inspections. Termination shipping season. of the preclearance program will stop (ii) If the inspectors find evidence of shipments of apples or pears from that any other plant pest referred to in country for the remainder of that ship- paragraph (g) of this section, and a ping season. Termination of the treatment authorized in the Plant Pro- preclearance program for findings of tection and Quarantine Treatment Leucoptera malifoliella in preclearance Manual is available, fruit in the inspec- inspections in any country will be tion unit will remain eligible for ship- based on rates of rejection of inspec- ment to the United States if the entire tion units as follows: inspection unit is treated for the pest (1) Termination because of findings under the supervision of a PPQ inspec- of Leucoptera malifoliella. The pre-clear- tor. However, if the entire inspectional ance program will be terminated with a unit is not treated in this manner, or if country when, in one shipping season, a plant pest is found for which no inspection units are rejected because of treatment authorized in the Plant Pro- Leucoptera malifoliella as follows: tection and Quarantine Treatment (i) 5 inspection units in sequence Manual is available, the inspectors will among inspection units 1–20, or a total reject the entire inspection unit for of 8 or more of the inspection units 1– shipment to the United States. Rejec- 20; tion of an inspection unit because of (ii) 5 inspection units in sequence pests other than Leucoptera malifoliella among inspection units 21–40, or a total will not be cause for rejecting addi- of 10 or more of the inspection units 1– tional fruit from an orchard or packing 40; shed. (iii) 5 inspection units in sequence (iii) Apples and pears precleared for among inspection units 41–60, or a total shipment to the United States as pre- of 12 or more of the inspection units 1– scribed in this paragraph will not be in- 60; spected again in the United States (ex- (iv) 5 inspection units in sequence cept as necessary to ensure that the among inspection units 61–80, or a total fruit has been precleared) unless the of 14 or more of the inspection units 1– preclearance program with the export- 80; ing country is terminated in accord- (v) 5 inspection units in sequence ance with paragraph (e) of this section. among inspection units 81–100, or a If the preclearance program is termi- total of 16 or more of the inspection nated with any country, precleared units 1–100; fruit in transit to the United States at the time of termination will be spot- (vi) 5 inspection units in sequence checked by PPQ inspectors upon ar- among inspection units 101–120, or a rival in the United States for evidence total of 18 or more of the inspection of plant pests referred to in paragraph units 1–120. (g) of this section. If any live larva or (Sequence can be continued in incre- pupa of Leucoptera malifoliella is found ments of 20 inspection units by increas- in any carton of fruit, inspectors will ing the number of rejected inspection reject that carton and all other cartons units by 2.) in that shipment that are from the (2) Termination because of findings same producing orchard. In addition, of other plant pests. The preclearance the remaining cartons of fruit in that program will be terminated with a shipment will be reinspected as an in- country when, in one shipping season,
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inspection units are rejected because of see § 300.1 of this chapter, ‘‘Materials other insect pests as follows: incorporated by reference.’’ (i) 10 or more of the inspection units (h) Inspection in the United States. 1–20; Notwithstanding provisions to the con- (ii) 15 or more of the inspection units trary in paragraphs (c) and (d) of this 1–40; section, the Administrator may allow (iii) 20 or more of the inspection apples or pears imported under this units 1–60; section to be inspected at a port of ar- (iv) 25 or more of the inspection units rival in the United States, in lieu of a 1–80; preclearance inspection, under the fol- (v) 30 or more of the inspection units lowing conditions: 1–100; or (1) The Administrator has deter- mined that inspection can be accom- (vi) 35 or more of the inspection units plished at the port of arrival without 1–120. increasing the risk of introducing in- (Sequence can be continued in incre- sect pests into the United States; ments of 20 inspection units by increas- (2) Each pallet of apples or pears ing the number of rejected inspection must be completely enclosed in plastic, units by 5.) to prevent the escape of insects, before (f) Cold treatment. In addition to all it is offloaded at the port of arrival; other requirements of this section, ap- (3) The entire shipment of apples or ples or pears may be imported into the pears must be offloaded and moved to United States from France, Italy, Por- an enclosed warehouse, where adequate tugal, or Spain only if the fruit is cold inspection facilities are available, treated for the Mediterranean fruit fly under the supervision of PPQ inspec- in accordance with § 319.56–2d of this tors. subpart. (4) The Administrator must deter- (g) Plant pests; authorized treatments. mine that a sufficient number of in- (1) Apples from Belgium, Denmark, spectors are available at the port of ar- France, Great Britain, Italy, the Neth- rival to perform the services required. erlands, Northern Ireland, Norway, (5) The method of inspection will be Portugal, the Republic of Ireland, the same as prescribed in paragraph (d) Spain, Sweden, Switzerland, and West of this section for preclearance inspec- Germany; and pears from Belgium, tions. France, Great Britain, Italy, the Neth- erlands, Portugal, and Spain may be [52 FR 46058, Dec. 4, 1987, as amended at 60 FR 14208, Mar. 16, 1995; 62 FR 50236, Sept. 25, imported into the United States only if 1997] they are found free of the following pests or, if an authorized treatment is § 319.56–2s Administrative instructions available, they are treated for the pest governing the entry of apricots, under the supervision of a PPQ inspec- nectarines, peaches, plumcot, and tor: the pear leaf blister moth plums from Chile. (Leucoptera malifoliella (O.G. Costa) (a) Importations allowed. Pursuant to (Lyonetiidae)), the plum fruit moth § 319.56(c), the Administrator has deter- (Cydia funebrana (Treitschke) mined that apricots, nectarines, peach- (Tortricidae)), the summer fruit tortrix es, plumcot, and plums may be im- moth (Adoxophyes orana (Fischer von ported into the United States from Rosslertamm) (Tortricidae)), a leaf Chile in accordance with this section roller (Argyrotaenia pulchellana and other applicable provisions of this (Haworth) (Tortricidae)), and other in- subpart, as an alternative to importa- sect pests that do not exist in the tion in accordance with § 319.56–2m. United States or that are not wide- (b) Trust fund agreement. Except as spread in the United States. provided in § 319.56–2m or in paragraph (2) Authorized treatments are listed (g) of this section, apricots, nectarines, in the Plant Protection and Quarantine peaches, plumcot, and plums may be Treatment Manual. The Plant Protec- imported only if the plant protection tion and Quarantine Treatment Man- service of Chile (Servicio Agricola Y ual is incorporated by reference. For Ganadero, referred to in this section as the full identification of this standard, SAG), has entered into a trust fund
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agreement with the Animal and Plant spection are identified in shipping doc- Health Inspection Service (APHIS) for uments accompanying each load of that shipping season. This agreement fruit that identify the packing shed requires SAG to pay in advance all es- where they were processed and the or- timated costs incurred by APHIS in chards where they were produced; and providing the preclearance prescribed this identity is maintained until the in paragraph (d) of this section. Pay- apricots, nectarines, peaches, or plums ment of costs will be made on a month- are released for entry into the United ly or other schedule designated by States. APHIS, but payment must be made for (3) Facilities for the inspections pre- each preclearance service before scribed in paragraph (d) of this section APHIS provides the service. These are provided in Chile at an inspection costs will include administrative ex- site acceptable to APHIS. penses incurred in conducting the (d) Preclearance inspection. preclearance services; and all salaries Preclearance inspection will be con- (including overtime and the federal ducted in Chile under the direction of share of employee benefits), travel ex- APHIS inspectors. An inspection unit penses (including per diem expenses), will consist of a lot or shipment from and other incidental expenses incurred which a statistical sample is drawn and by the inspectors in providing these examined. An inspection unit may rep- services. The agreement requires SAG resent multiple grower lots from dif- to deposit certified or cashier’s checks ferent packing sheds. Apricots, nec- with APHIS for the amount of these tarines, peaches, plumcot, or plums in costs, as estimated by APHIS based on any inspection unit may be shipped to projected shipment volumes and cost the United Sates only if the inspection figures from previous inspections. The unit passes inspection as follows: agreement further requires that, if the (1) Inspectors will examine, fruit by deposit is not sufficient to meet all fruit, the contents of the cartons which costs incurred by APHIS, SAG must were selected based on a sampling deposit with APHIS a certified or cash- ier’s check for the amount of the re- scheme established for each inspection maining costs, as determined by unit. An APHIS inspector will des- APHIS, before the inspections will be ignate which cartons to inspect in each completed. The agreement also re- inspection unit to ensure that units in- quires that, in the event of unexpected fested at a level of 3 percent or more end-of-season costs, SAG must deposit will be identified with a confidence with APHIS a certified cashier’s check level of 95 percent. sufficient to meet such costs as esti- (i) If the inspectors find evidence of mated by APHIS, before any further any plant pest for which a treatment preclearance services will be provided. authorized in the Plant Protection and If the amount SAG deposits during the Quarantine Treatment Manual is avail- shipping season exceeds the total costs able, fruit in the inspection unit will incurred by APHIS in providing remain eligible for shipment to the preclearance services, the difference United States if the entire inspection will be returned to SAG by APHIS at unit is treated for the pest in Chile. the end of the shipping season upon re- However, if the entire inspection unit quest, or otherwise will be applied to is not treated in this manner, or if a preclearance services for the next ship- plant pest is found for which no treat- ping season. ment authorized in the Plant Protec- (c) Responsibilities of Servicio Agricola tion and Quarantine Treatment Man- Y Ganadero. SAG will ensure that: ual is available, the entire inspection (1) Apricots, nectarines, peaches, unit will not be eligible for shipment to plumcot, or plums are presented to the United States. APHIS inspectors for preclearance in (ii) Apricots, nectarines, peaches, their shipping containers at the ship- plumcot, and plums precleared for ping site for preclearance as prescribed shipment to the United States as pre- in paragraph (d) of this section. scribed in this paragraph will not be in- (2) Apricots, nectarines, peaches, spected again in the United States ex- plumcot, and plums presented for in- cept as necessary to ensure that the
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fruit has been precleared and for occa- see § 300.1 of this chapter. ‘‘Materials sional monitoring purposes. incorporated by reference.’’ (e) Termination of preclearance pro- (g) Inspection in the United States. grams. Shipments of apricots, nec- Notwithstanding provisions to the con- tarines, peaches, plumcot, and plums trary in paragraphs (c) and (d) of this will be individually evaluated regard- section, the Administrator may, in ing the rates of infestation of inspec- emergency or extraordinary situations, tion units of these articles presented allow apricots, nectarines, peaches, for preclearance. The inspection pro- plumcot, or plums imported under this gram for an article will be terminated section to be inspected at a port of ar- when inspections determine that the rival in the United States, in lieu of a rate of infestation of inspection units preclearance inspection of fumigation of the article by pests listed in para- in Chile, under the following condi- graph (f) of this section exceeds 20 per- tions: cent calculated on any consecutive 14 (1) The Administrator is satisfied days of actual inspections (not count- that a unique situation exists which ing days on which inspections are not justifies a limited exception to manda- conducted). Termination of the inspec- tory preclearance; tion program for an article will require (2) The Administrator has deter- mandatory treatment in Chile, prior to mined that inspection and/or treat- shipment to the United States, of ship- ment can be accomplished at the in- ments of the article for the remainder tended port of arrival without increas- of that shipping season. If a ing the risk of introducing insect pests preclearance inspection program is ter- into the United States; minated with Chile, precleared fruit in (3) The entire shipment of apricots, transit to the United States at the nectarines, peaches, plumcot, or plums time of termination will be spot- must be offloaded and moved, under checked by APHIS inspectors upon ar- the supervision of APHIS inspectors, to rival in the United States for evidence an enclosed warehouse, where inspec- of plant pests referred to in paragraph (f) of this section. tion and treatment facilities are avail- (f) Plant pests; authorized treatments. able. (1) Apricots, nectarines, peaches, (4) The Administrator must deter- plumcot, or plums from Chile may be mine that a sufficient number of in- imported into the United States only if spectors are available at the port of ar- they are found free of the following rival to perform the services required. pests or, if an authorized treatment is (5) The method of sampling and in- available, they are treated for the pest spection will be the same as prescribed under the supervision of an APHIS in- in paragraph (d) of this section for spector: Proeulia spp., Leptoglossus preclearance inspections. chilensis, Megalometis chilensis, [55 FR 42352, Oct. 19, 1990, as amended at 58 Naupactus xanthographus, Listroderes FR 69179, Dec. 30, 1993] subcinctus, and Conoderus rufangulus, and other insect pests that the Admin- § 319.56–2t Administrative instruc- istrator has determined do not exist, or tions: conditions governing the are not widespread, in the United entry of certain fruits and vegeta- States. bles. (2) Authorized treatments are listed The following commodities may be in the Plant Protection and Quarantine imported into all parts of the United Treatment Manual. The Plant Protec- States, unless otherwise indicated, tion and Quarantine Treatment Man- from the places specified, in accord- ual is incorporated by reference. For ance with § 319.56–6 and all other appli- the full identification of this standard, cable requirements of this subpart:
Country/locality Common name Botanical name Plant part(s)
Argentina ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp...... Above ground parts. Currant ...... Ribes spp ...... Fruit. Endive ...... Cichorium endivia ...... Leaf and stem. Gooseberry ...... Ribes spp ...... Fruit.
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Country/locality Common name Botanical name Plant part(s)
Marjoram ...... Origanum spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Australia ...... Currant ...... Ribes spp ...... Fruit. Gooseberry ...... Ribes spp ...... Fruit. Austria ...... Asparagus, white ...... Asparagus officinalis ...... Shoot.3 Barbados ...... Banana ...... Musa spp ...... Flower. Belgium ...... Leek ...... Allium spp...... Whole plant. (Must be accompained by a phytosanitary certifi- cate issued by the Ministry of Agriculture of Belgium stating that the leek is appar- ently free of Acrolepiopsis assectella.) Pepper ...... Capsicum spp ...... Fruit. Belize ...... Banana ...... Musa spp ...... Flower in bracts with stems. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Papaya ...... Carica papaya ...... Fruit (from Medfly-free areas—see ¤ 319.56Ð 2(j). Fruit must be ac- companied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Belize stating that the fruit originated in a Medfly-free area list- ed in ¤ 319.56Ð2(j).) Papayas are prohib- ited entry into Hawaii due to papaya fruit fly. Cartons in which fruit is packed must be stamped ‘‘Not for importation into or distribution within HI.’’ Sage ...... Salivia officinalis ...... Leaf and stem. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Bermuda ...... Avocado ...... Persea americana ...... Fruit. Carambola ...... Averrhoa carambola ...... Fruit. Grapefruit ...... Citrus paradisi ...... Fruit. Guava ...... Psidium guajava ...... Fruit. Lemon ...... Citrus limon ...... Fruit. Longan ...... Dimocarpus longan ...... Fruit. Loquat ...... Eriobotrya japonica ...... Fruit. Mandarin orange ...... Citrus reticulata ...... Fruit. Natal plum ...... Carissa macrocarpa ...... Fruit. Orange, sour ...... Citrus aurantium ...... Fruit. Orange, sweet ...... Citrus sinensis ...... Fruit. Papaya ...... Carica papaya ...... Fruit. Passion fruit ...... Passiflora spp ...... Fruit. Peach ...... Prunus persica ...... Fruit. Pineapple guava ...... Feijoa spp ...... Fruit. Suriname cherry ...... Eugenia uniflora ...... Fruit. Bolivia ...... Belgian endive ...... Cichorium intybus ...... Leaf. Chile ...... Babaco ...... Carica x heilborni var. Fruit (from medfly-free pentagona. areas—see ¤ 319.56Ð 2j. Fruit must be ac- companied by a phytosanitary certifi- cate issued by the Chilean department of agriculture stating that the fruit origi- nated in a Medfly-free province.) Basil ...... Ocimum spp...... Above ground parts.
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Country/locality Common name Botanical name Plant part(s)
Lucuma ...... Manilkara sapota (=Lucuma Fruit mammosa). (From Medfly-free areas only—see ¤ 319.56Ð 2(j)). Mountain papaya ...... Carica pubescens (=C. Fruit. candamarcensis). (From Medfly-free areas—see ¤ 319.56Ð 2(j). Fruit from out- side Medfly-free areas must be treated in accordance with ¤ 319.56Ð2x.). Oregano ...... Origanum spp...... Leaf and stem. Sandpear ...... Pyrus pyrifolia ...... Fruit (From Medfly-free areas—see ¤ 319.56Ð 2(j). Fruit from out- side Medfly-free areas must be treated in accordance with ¤ 319.56Ð2x.). Tarragon ...... Artemisia dracunculus ...... Above ground parts. China ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Colombia ...... Rhubarb ...... Rheum rhabarbarum ...... Stalk. Snow pea ...... Pisum Sativum subsp. sativum Flat, immature pod. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Cook Islands ...... Banana ...... Musa spp ...... Green fruit.1 Cucumber ...... Cucumis sativus ...... Fruit. Drumstick ...... Moringa pterygosperma ...... Leaf. Ginger ...... Zingiber officinale ...... Root (Prohibited entry into Puerto Rico, Vir- gin Islands, and Guam due to ginger weevil (Elytroteinus subtruncatus). Car- tons in which ginger is packed must be stamped ‘‘Not for dis- tribution in PR, VI, or Guam.’’) Indian mulberry ...... Morinda citrifolia ...... Leaf. Lemongrass ...... Cymbopogon spp ...... Leaf. Tossa jute ...... Corchorus olitorius ...... Leaf. Costa Rica ...... Basil ...... Ocimum spp ...... Whole plant. Chinese kale ...... Brassica alboglabra ...... Leaf and stem. Chinese turnip ...... Raphanus sativus ...... Root. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbages, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Dominican Republic ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Durian ...... Durio zibethinus ...... Fruit. Ecuador ...... Banana ...... Musa spp...... Flower. Basil ...... Ocimum spp...... Above ground parts. Chervil ...... Anthriscus spp...... Leaf and stem. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Radicchio ...... Cichorium spp...... Above ground parts. El Salvador ...... Basil ...... Ocimum spp...... Above ground parts. Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only.
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Country/locality Common name Botanical name Plant part(s)
France ...... Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from the Re- gion of Brittany and only in accordance with ¤ 319.56Ð2dd of this subpart). Great Britain ...... Basil ...... Ocimum spp ...... Leaf and stem. Grenada ...... Abiu ...... Pouteria caimito ...... Fruit. Bilimbi ...... Averrhoa bilimbi ...... Fruit. Breadnut ...... Brosimum alicastrum ...... Fruit. Cocoplum ...... Chrysobalanus icaco ...... Fruit. Cucurbits ...... Cucurbitaceae ...... Fruit. Durian ...... Durio zibethinus ...... Fruit. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Jambolan ...... Syzygium cumini ...... Fruit. Jujube ...... Ziziphus spp ...... Fruit. Langsat ...... Lansium domesticum ...... Fruit. Litchi ...... Litchi chinensis ...... Fruit. Malay apple ...... Syzygium malaccense ...... Fruit. Mammee apple ...... Mammea americana ...... Fruit. Peach palm ...... Bactris gasipaes ...... Fruit. Piper ...... Piper spp ...... Fruit. Pulasan ...... Nephelium ramboutan-ake ...... Fruit. Rambutan ...... Nephelium lappaceum ...... Fruit. Rose apple ...... Syzygium jambos ...... Fruit. Santol ...... Sandoricum koetjape ...... Fruit. Sapote ...... Pouteria sapota ...... Fruit. Guatemala ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Basil ...... Ocimum spp...... Above ground parts. Dill ...... Anethum graveolens ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Loroco ...... Fernaldia spp ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Leaf and stem. Papaya ...... Carica papaya ...... Fruit (from Medfly-free areas—see ¤ 319.56Ð 2(j). Fruit must be ac- companied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Guatemala stating that the fruit origi- nated in a Medfly-free area listed in ¤ 319.56Ð2(j).) Pa- payas are prohibited entry into Hawaii due to papaya fruit fly. Cartons in which fruit is packed must be stamped ‘‘Not for im- portation into or dis- tribution within HI.’’ Rhubarb ...... Rheum rhabarbarum ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Haiti 2 ...... Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Honduras ...... Banana ...... Musa spp ...... Flower. Chicory ...... Cichorium spp ...... Leaf and stem. Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbages, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Radish ...... Raphanus sativus ...... Root.
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Country/locality Common name Botanical name Plant part(s)
Indonesia ...... Dasheen ...... Colocasia spp., Alocasia spp., Tuber (Prohibited entry and Xanthosoma spp. into Guam due to da- sheen mosaic virus. Cartons in which da- sheen is packed must be stamped ‘‘Not for distribution in Guam.’’) Onion ...... Allium cepa ...... Bulb. Shallot ...... Allium ascalonicum ...... Bulb. Israel ...... Arugula ...... Eruca sativa ...... Leaf and stem. Chives ...... Allium schoenoprasum ...... Leaf. Dill ...... Anethum graveolens ...... Above ground parts. Mint ...... Mentha spp ...... Above ground parts. Parsley ...... Petroselinum crispum ...... Above ground parts. Watercress ...... Nasturtium officinale ...... Leaf and stem. Jamaica ...... Fenugreek ...... Tirgonella foenum-graceum ...... Leaf, stem, root. Jackfruit ...... Artocarpus heterophyllus ...... Fruit. Ivy gourd ...... Coccinia grandis ...... Fruit. Pak choi ...... Brassica chinensis ...... Leaf and stem. Pointed gourd ...... Trichosanthes dioica ...... Fruit. Japan ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Mioga Ginger ...... Zingiber mioga ...... Above ground parts. Mung bean ...... Vigna radiata ...... Seed sprout. Soybean ...... Glycine max ...... Seed sprout Liberia ...... Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. Mexico ...... Anise ...... Pimpinella anisum ...... Leaf and stem. Apple ...... Malus domestica ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Apricot ...... Prunus armeniaca ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by na- tional plant protection organization of Mex- ico stating: ‘‘These regulated articles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Arugula ...... Eruca sativa ...... Leaf and stem. Banana ...... Musa spp ...... Flower. Bay leaf ...... Laurus nobilis ...... Leaf and stem. Blueberry ...... Vaccinium spp...... Fruit. Cucurbits ...... Cucurbitaceae ...... Inflorescence.
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Country/locality Common name Botanical name Plant part(s)
Grapefruit ...... Citrus paradisi ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Lambsquarters ...... Chenopodium spp...... Above ground parts. Mango ...... Mangifera indica ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Orange ...... Citrus sinensis ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Peach ...... Prunus persica ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Persimmon ...... Diospyros spp ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Piper ...... Piper spp ...... Leaf and stem.
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Country/locality Common name Botanical name Plant part(s)
Pomegranate ...... Punica granatum ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Porophyllum ...... Porophyllum spp ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Salicornia ...... Salicornia spp ...... Above ground parts. Tangerine ...... Citrus reticulata ...... Fruit (from fruit fly-free areas—see ¤ 319.56Ð 2(h). Fruit must be accompanied by a phytosanitary certifi- cate issued by the national plant protec- tion organization of Mexico stating: ‘‘These regulated arti- cles originated in an area free from pests as designated in 7 CFR 319.56Ð2(h).’’) Tepeguaje ...... Leucaena spp...... Fruit. Thyme ...... Thymus vulgaris ...... Above ground parts. Morocco ...... Strawberry ...... Fragaria spp...... Fruit. Morocco and Western Sahara ... Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink fruit may only be im- ported from the El Jadida or Safi Prov- ince, Morocco, or Dahkla Province, Western Sahara, and only in accordance with ¤ 319.56Ð2dd of this subpart). Netherlands ...... Leek ...... Allium spp...... Whole plant. (Must be accompainied by a phytosanitary certifi- cate issued by the Ministry of Agriculture of The Netherlands stating that the leek is apparently free of Acrolepiopsis assectella.) Radish ...... Raphanus sativus ...... Root. New Zealand ...... Avocado ...... Persea americana ...... Fruit. Fig ...... Ficus carica ...... Fruit. Oca ...... Oxalis tuberosa ...... Tuber. Nicaragua ...... Cilantro ...... Coriandrum sativum ...... Above ground parts. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only. Mint ...... Mentha spp ...... Above ground parts. Parsley ...... Petroselinum crispum ...... Above ground parts. Radicchio ...... Cichorium spp...... Above ground parts. Rosemary ...... Rosmarinus officinalla ...... Above ground parts. Panama ...... Basil ...... Ocimum spp ...... Above ground parts. Bean, green and lima ...... Phaseolus vulgaris and P. Seed. lunatus.
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Country/locality Common name Botanical name Plant part(s)
Belgian endive ...... Cichorium spp ...... Above ground parts. Chervil ...... Anthriscus cerefolium ...... Above ground parts. Chicory ...... Cichorium spp ...... Above ground parts. Eggplant ...... Solanum melongena ...... Fruit. Endive ...... Cichorium spp ...... Above ground parts. Fenugreek ...... Tirgonella foenum-graceum ...... Leaf, stem. Lemon thyme ...... Thymus citriodorus ...... Leaf and stem. Mint ...... Mentha spp ...... Above ground parts. Oregano ...... Origanum spp ...... Above ground parts. Rosemary ...... Rosmarinus officinalis ...... Above ground parts. Tarragon ...... Artemisia dracunculus ...... Above ground parts. Peru ...... Arugula ...... Eruca sativa ...... Leaf and stem. Basil ...... Ocimum spp ...... Leaf and stem. Carrot ...... Daucus carota ...... Root. Chervil ...... Anthriscus spp...... Leaf and stem. Cole and mustard crops, includ- Brassica spp ...... Whole plant of edible ing cabbage, broccoli, cauli- varieties only. flower, turnips, mustards, and related varieties. Cornsalad ...... Valerianella spp ...... Whole plant. Dill ...... Anethum graveolens ...... Above ground parts. Lambsquarters ...... Chenopodium album ...... Above ground parts. Lemongrass ...... Cymbopogon spp...... Leaf and stem. Marjoram ...... Origanum spp ...... Above ground parts. Mustard greens ...... Brassica juncea ...... Leaf. Oregano ...... Origanum spp ...... Leaf and stem. Parsley ...... Petroselinum crispum ...... Leaf and stem. Radicchio ...... Cichorium spp ...... Leaf. Swiss chard ...... Beta vulgaris ...... Leaf and stem. Thyme ...... Thymus vulgaris ...... Above ground parts. Philippines ...... Jicama ...... Pachyrhizus tuberosus or P. Root. erosus. Poland ...... Pepper ...... Capsicum spp...... Fruit. Tomato ...... Lycopersicon esculentum ...... Fruit. Republic of Korea ...... Angelica ...... Aralia elata ...... Edible shoot. Aster greens ...... Aster scaber ...... Leaf, stem. Bonnet bellflower ...... Codonopsis lanceolata ...... Root. Chard ...... Beta vulgaris subsp. cicla ...... Leaf. Chinese bellflower ...... Platycodon grandiflorum ...... Root. Dasheen ...... Colocasia spp., Alocasia spp., Root (Prohibited entry and Xanthosoma spp. into Guam due to da- sheen mosaic virus). Cartons in which da- sheen is packed must be stamped ‘‘Not for distribution in Guam.’’ Eggplant ...... Solanum melongena ...... Fruit. Kiwi ...... Actinidia deliciosa ...... Fruit. Lettuce ...... Lactuca sativa ...... Leaf. Mugwort ...... Artemisia vulgaris ...... Leaf and stem. Onion ...... Allium cepa ...... Bulb. Shepherd’s purse ...... Capsella bursa-pastoris ...... Leaf and stem. Strawberry ...... Fragaria spp ...... Fruit (Entry permitted only from September 15 to May 31, inclu- sive, to prevent the introduction of a com- plex of exotic pests including, but not lim- ited to, a thrips (Haplothrips chinensis) and a leafroller (Capua tortrix)). Watercress ...... Nasturtium officinale ...... Leaf and stem. Youngia greens ...... Youngia sonchifolia ...... Leaf, stem, root. Sierra Leone ...... Cassava ...... Manihot esculenta ...... Leaf. Jute ...... Corchorus capsularis ...... Leaf. Potato ...... Solanum tuberosum ...... Leaf. St. Vincent and the Grenadines Turmeric ...... Curcuma longa ...... Rhizome. South Africa ...... Artichoke, globe ...... Cynara scolymus ...... Immature flower head. Pineapple ...... Ananas spp ...... Fruit. Spain ...... Eggplant ...... Solanum melongena ...... Fruit, commercial ship- ments only.
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Country/locality Common name Botanical name Plant part(s)
Tomato ...... (Lycopersicon esculentum) ...... Fruit, only if it is green upon arrival in the United States (pink or red fruit may only be imported from Alme- ria Province and only in accordance with ¤ 319.56Ð2dd of this subpart). Watermelon ...... Citrullus vulgaris ...... Fruit, commercial ship- ments only. Suriname ...... Amaranth ...... Amaranthus spp ...... Leaf and stem. Black palm nut ...... Astrocaryum spp ...... Fruit. Jessamine ...... Cestrum latifolium ...... Leaf and stem. Malabar spinach ...... Bassella alba ...... Leaf and stem. Mung bean ...... Vigna radiata ...... Seed sprout. Pak choi ...... Brassica chinensis ...... Leaf and stem. Sweden ...... Dill ...... Anethum graveolens ...... Above ground parts. Taiwan ...... Bamboo ...... Bambuseae spp ...... Edible shoot, free of leaves and roots. Burdock ...... Arctium lappa ...... Root. Wasabi (Japanese horseradish) Wasabia japonica ...... Root and stem. Thailand ...... Dasheen ...... Alocasia spp., Colocasia spp., Leaf and stem. and Xanthosoma spp. Turmeric ...... Curcuma domestica ...... Leaf and stem. Tonga ...... Burdock ...... Arctium lappa ...... Root, stem and leaf. Jicama ...... Pachyrhizus tuberosus ...... Root. Pumpkin ...... Cucurbita maxima ...... Fruit. Trinidad and Tobago ...... Lemongrass ...... Cymbopogon citratus ...... Leaf and stem. Leren ...... Calathea allouia ...... Tuber. Shield leaf ...... Cecropia peltata ...... Leaf and stem. Zambia ...... Pea, snow ...... Pisum sativum spp. sativum ...... Flat immature pod. 1 The bananas must be green at the time of export. Inspectors at the port of arrival will determine that the bananas were green at the time of export if: (1) bananas shipped by air are still green upon arrival in the United States; and (2) bananas shipped by sea are either still green upon arrival in the United States or are yellow but firm. 2 Executive Order 12779 of October 28, 1991 (56 FR 55975Ð55976, published October 30, 1991), prohibits the importation into the United States of any goods of Haitian origin, other than publications and other informational materials, or of services per- formed in Haiti. Importation of any Haitian produce will not be allowed as long as this Executive order is in effect. 3 No green may be visible on the shoot.
(Approved by the Office of Management and (ii) The lettuce must be grown in Budget under control number 0579–0049) growing media that has been sterilized [57 FR 54489, Nov. 19, 1992, as amended at 58 by steam or chemical means; FR 43497, Aug. 17, 1993; 58 FR 69180, Dec. 30, (iii) The lettuce must be inspected 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR during its active growth phase and the 14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; inspection must be monitored by a rep- 62 FR 596, Jan. 6,1997; 62 FR 50236, Sept. 25, resentative of the Israeli Ministry of 1997; 63 FR 13485, Mar. 20, 1998; 63 FR 39215, Agriculture; July 22, 1998; 63 FR 65655, Nov. 30, 1998; 66 FR (iv) The crop must be protected with 45158, Aug. 28, 2001] sticky traps and prophylactic sprays approved for the crop by Israel; § 319.56–2u Conditions governing the (v) The lettuce must be moved to an entry of lettuce and peppers from Israel. insect-proof packing house at night in plastic containers covered by 50 mesh (a) Lettuce may be imported into the screens; United States from Israel without fu- (vi) The lettuce must be packed in an migation for leafminers, thrips, and insect-proof packing house, individ- Sminthuris viridis only under the fol- ually packed in transparent plastic lowing conditions: bags, packed in cartons, placed on pal- (1) Growing conditions. (i) The lettuce lets, and then covered with shrink must be grown in insect-proof houses wrapping; and covered with 50 mesh screens, double (vii) The lettuce must be transported self-closing doors, and hard walks (no to the airport in a closed refrigerated soil) between the beds; truck for shipment to the United States.
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(2) Each shipment of lettuce must be § 319.56–2v Conditions governing the accompanied by a phytosanitary cer- entry of citrus from Australia. tificate issued by the Israeli Ministry (a) The Administrator has deter- of Agriculture stating that the condi- mined that the irrigated horticultural tions of paragraph (a)(1) of this section areas within the following districts of have been met. Australia meet the criteria of § 319.56–2 (b) Peppers (fruit) (Capsicum spp.) (e) and (f) with regard to the Medi- from Israel may be imported into the terranean fruit fly (Ceratitis capitata United States only under the following [Wiedemann]), the Queensland fruit fly conditions: (Dacus tryoni [Frogg]), and other fruit (1) The peppers have been grown the flies destructive of citrus: Arava Valley by growers registered (1) The Riverland district of South with the Israeli Department of Plant Australia, defined as the county of Hamley and the geographical subdivi- Protection and Inspection (DPPI). sions, called ‘‘hundreds,’’ of (2) Malathion bait sprays shall be ap- Bookpurnong, Cadell, Gordon, Holder, plied in the residential areas of the Katarapko, Loveday, Markaranka, Arava Valley at 6- to 10-day intervals Morook, Murtho, Parcoola, Paringa, beginning not less than 30 days before Pooginook, Pyap, Stuart, and the harvest of backyard host material Waikerie; in residential areas and shall continue (2) The Riverina district of New through harvest. South Wales, defined as: (3) The peppers have been grown in (i) The shire of Carrathool; and insect-proof plastic screenhouses ap- (ii) The Murrumbidgee Irrigation proved by the DPPI and APHIS. Houses Area, which is within the administra- shall be examined periodically by DPPI tive boundaries of the city of Griffith or APHIS personnel for tears in either and the shires of Leeton, Narrendera, plastic or screening. and Murrumbidgee; and (4) Trapping for Mediterranean fruit (3) The Sunraysia district, defined as fly (Medfly) shall be conducted by the shires of Wentworth and Balranald in New South Wales and the shires of DPPI throughout the year in the agri- Mildura, Swan Hill, Wakool, and cultural region along Arava Highway Kerang, the cities of Mildura and Swan 90 and in the residential area of Paran. Hill, and the borough of Kerang in Vic- The capture of a single Medfly in a toria. screenhouse will immediately cancel (b) Oranges (Citrus sinensis [Osbeck]); export from that house until the source lemons (C. limonia [Osbeck] and meyeri of the infestation is delimited, trap [Tanaka]); limes (C. aurantiifolia [Swin- density is increased, pesticide sprays gle] and latifolia [Tanaka]); mandarins, are applied, or other measures accept- including satsumas, tangerines, able to APHIS are taken to prevent tangors, and other fruits grown from further occurrences. this species or its hybrids (C. reticulata (5) Signs in English and Hebrew shall [Blanco]); and grapefruit (C. paradisi be posted along Arava Highway 90 stat- [MacFad.]) may be imported from the ing that it is prohibited to throw out/ Riverland, Riverina, and Sunraysia dis- discard fruits and vegetables from pass- tricts without treatment for fruit flies, ing vehicles. subject to paragraph (c) of this section (6) Sorting and packing of peppers and all other applicable requirements shall be done in the insect-proof of this subpart. screenhouses in the Arava Valley. (c) If surveys conducted in accord- ance with § 319.56–2d(f) detect, in a dis- (7) The peppers must be packed in in- trict listed in paragraph (a) of this sec- sect-proof containers prior to move- tion, the Mediterranean fruit fly ment from approved insect-proof (Ceratitis capitata [Wiedemann]), the screenhouses in the Arava Valley. Queensland fruit fly (Dacus tryoni [57 FR 3120, Jan. 28, 1992, as amended at 58 [Frogg]), or other fruit flies that at- FR 69181, Dec. 30, 1993; 59 FR 46321, Sept. 8, tack citrus and for which a treatment 1994; 60 FR 50385, Sept. 29, 1995; 62 FR 50236, is listed in the Plant Protection and Sept. 25, 1997; 66 FR 45160, Aug. 28, 2001] Quarantine (PPQ) Treatment Manual,
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citrus fruit from that district will re- the field where the papayas were grown main eligible for importation into the were kept free of papayas that were 1⁄2 United States in accordance with or more ripe (more than 1⁄4 of the shell § 319.56–2(e)(2), provided the fruit under- surface yellow), and all culled and fall- goes cold treatment in accordance with en fruits were buried, destroyed, or re- the PPQ Treatment Manual, which is moved from the farm at least twice a incorporated by reference at § 300.1 of week. this chapter, and provided the fruit (c) The papayas were treated with a meets all other applicable require- hot water treatment consisting of 20 ments of this subpart. Entry is limited minutes in water at 49 °C (120.2 °F). to ports listed in § 319.56–2d(b)(1) of this (d) When packed, the papayas were subpart if the treatment is to be com- less than 1⁄2 ripe (the shell surface was pleted in the United States. Entry may no more than 1⁄4 yellow, surrounded by be through any port if the treatment light green), and appeared to be free of has been completed in Australia or in all injurious insect pests. transit to the United States. If no ap- (e) The papayas were safeguarded proved treatment for the detected fruit from exposure to fruit flies from har- fly appears in the PPQ Treatment Man- vest to export, including being pack- ual, importation of citrus from the af- aged so as to prevent access by fruit fected district or districts is prohib- flies and other injurious insect pests. ited. The package containing the papayas [61 FR 8207, Mar. 4, 1996] does not contain any other fruit, in- cluding papayas not qualified for im- § 319.56–2w Administrative instruc- portation into the United States. tion; conditions governing the entry of papayas from Central America (f) All cartons in which papayas are and Brazil. packed must be stamped ‘‘Not for im- portation into or distribution in HI.’’ The Solo type of papaya may be im- (g) All activities described in para- ported into the continental United graphs (a) through (f) of this section States, Alaska, Puerto Rico, and the U.S. Virgin Islands only under the fol- were carried out under the supervision lowing conditions: and direction of plant health officials (a) The papayas were grown and of the national Ministry of Agri- packed for shipment to the United culture. States in one of the following loca- (h) Beginning at least 1 year before tions: harvest begins and continuing through (1) Brazil: State of Espirito Santo. the completion of harvest, fruit fly (2) Costa Rica: Provinces of traps were maintained in the field Guanacaste, Puntarenas, San Jose. where the papayas were grown. The (3) El Salvador: Departments of La traps were placed at a rate of 1 trap per Libertad, La Paz, and San Vicente. hectare and were checked for fruit flies (4) Guatemala: Departments of at least once weekly by plant health Escuintla, Retalhuleu, Santa Rosa, and officials of the national Ministry of Ag- Suchitepe´quez. riculture. Fifty percent of the traps (5) Honduras: Departments of were of the McPhail type, and fifty per- Comayagua, Corte´s, and Santa cent of the traps were of the Jackson Ba´ rbara. type. If the average Jackson trap catch (6) Nicaragua: Departments of was greater than 7 Medflies per trap Carazo, Granada, Managua, Masaya, per week, measures were taken to con- and Rivas. trol the Medfly population in the pro- (7) Panama: Provinces of Cocle´, Her- duction area. The national Ministry of rera, and Los Santos; Districts of Agriculture kept records of fruit fly Aleanje, David, and Dolega in the Prov- finds for each trap, updated the records ince of Chiriquı´; and all areas in the each time the traps were checked, and Province of Panama that are west of made the records available to APHIS the Panama Canal. inspectors upon request. The records (b) Beginning at least 30 days before were maintained for at least 1 year. harvest began and continuing through (i) If the average Jackson trap catch the completion of harvest, all trees in exceeds 14 Medflies per trap per week,
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importations of papayas from that pro- riculture stating that the papayas were duction area must be halted until the grown, packed, and shipped in accord- rate of capture drops to an average of ance with the provisions of this sec- 7 or fewer Medflies per trap per week. tion. (j) In the State of Espirito Santo, (Approved by the Office of Management and Brazil, if the average McPhail trap Budget under control number 0579–0128) catch was greater than 7 South Amer- ican fruit flies (Anastrepha fraterculus) [63 FR 12396, Mar. 13, 1998, as amended at 66 FR 45160, Aug. 28, 2001] per trap per week, measures were taken to control the South American § 319.56–2x Administrative instruc- fruit fly population in the production tions; conditions governing the area. If the average McPhail trap catch entry of certain fruits and vegeta- exceeds 14 South American fruit flies bles for which treatment is re- per trap per week, importations of pa- quired. payas from that production area must (a) The following fruits and vegeta- be halted until the rate of capture bles may be imported into the United drops to an average of 7 or fewer South States only if they have been treated American fruit flies per trap per week. in accordance with the Plant Protec- (k) All shipments must be accom- tion and Quarantine Treatment Man- panied by a phytosanitary certificate ual, which is incorporated by reference issued by the national Ministry of Ag- at § 300.1 of this chapter:
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(b) If treatment has not been com- (3) The following area meets the re- pleted before the fruits and vegetables quirements of paragraph (a)(2) of this arrive in the United States, fruits and section: The area within 5 kilometers vegetables listed above and requiring of either side of the following roads: treatment for fruit flies may arrive in (i) Beginning in Guayaquil, the road the United States only at the following north through Nobol, Palestina, and ports: Atlantic ports north of, and in- Balzar to Velasco-Ibarra (Empalme); cluding, Baltimore, MD; ports on the (ii) Beginning in Guayaquil, the road Great Lakes and St. Lawrence Seaway; south through E1 26, Puerto Inca, Canadian border ports on the North Naranjal, and Camilo Ponce to Dakota border and east of North Da- Enriquez; kota; the maritime ports of Wil- (iii) Beginning in Guayaquil, the road mington, NC, Seattle, WA, and Gulf- east through Palestina to Vinces; port, MS; Seattle-Tacoma Inter- (iv) Beginning in Guayaquil, the road national Airport, Seattle, WA; west through Piedrahita (Novol) to Hartsfield-Atlanta International Air- Pedro Carbo; or port, Atlanta, GA; and Baltimore- (v) Beginning in Guayaquil, the road Washington International and Dulles west through Progreso, Engunga, International airports, Washington, Tugaduaja, and Zapotal to El Azucar; DC. North Atlantic ports are: Atlantic and ports north of and including Baltimore; ports on the Great Lakes and St. Law- (4) The cantaloupe or watermelon rence Seaway; Canadian border ports may not be moved into Alabama, on the North Dakota border and east of American Samoa, Arizona, California, North Dakota; and, for air shipments, Florida, Georgia, Guam, Hawaii, Lou- Washington, DC (including Baltimore- isiana, Mississippi, New Mexico, Puerto Washington International and Dulles Rico, South Carolina, Texas, and the International airports). U.S. Virgin Islands. The boxes in which the cantaloupe or watermelon is [57 FR 54491, Nov. 19, 1992, as amended at 58 packed must be stamped with the name FR 69181, Dec. 30, 1993; 59 FR 40796, Aug. 10, of the commodity followed by the 1994; 59 FR 43712, Aug. 25, 1994; 60 FR 6958, Feb. 6, 1995; 60 FR 14209, Mar. 16, 1995; 60 FR words ‘‘Not to be distributed in the fol- 50385, Sept. 29, 1995; 61 FR 47667, Sept. 10, lowing States or territories: AL, AS, 1996; 62 FR 597, Jan. 6, 1997; 66 FR 45161, Aug. AZ, CA, FL, GA, GU, HI, LA, MS, NM, 28, 2001] PR, SC, TX, VI.’’ (b) [Reserved] § 319.56–2y Administrative instruc- tions; conditions governing the [57 FR 54491, Nov. 19, 1992, as amended at 58 entry of cantaloupe and water- FR 69182, Dec. 30, 1993; 59 FR 67610, Dec. 30, melon from Ecuador. 1994] (a) Cantaloupe (Cucumis melo) and wa- § 319.56–2z Administrative instructions termelon (fruit) (Citrullus lanatus) may governing the entry of cherimoyas be imported into the United States from Chile. from Ecuador only under the following conditions: Cherimoyas may be imported into (1) The cantaloupe or watermelon the United States from Chile only may be imported in commercial ship- under the following conditions: ments only; (a) Treatment. The cherimoyas must (2) The cantaloupe or watermelon be treated, under the supervision of an must have been grown in an area where inspector, either in Chile or in the trapping for the South American United States, for the Chile false red cucurbit fruit fly has been conducted mite of grapes (Brevipalpus chilensis) in for at least the previous 12 months by accordance with one of the following the plant protection service of Ecua- procedures: dor, under the direction of APHIS,1 (1) Fumigation. The cherimoyas must with no findings of the pest. be fumigated with methyl bromide at
1 Information on the trapping program may tection and Quarantine, Port Operations, be obtained by writing to the Animal and Permit Unit, 4700 River Road Unit 136, River- Plant Health Inspection Service, Plant Pro- dale, Maryland 20737–1236.
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normal atmospheric pressure. The fu- deposit is not sufficient to meet all migation must be done in a fumigation costs incurred by APHIS, the agree- chamber that has been approved for ment further requires SAG to deposit that purpose by the Animal and Plant with APHIS a certified or cashier’s Health Inspection Service, or under check for the amount of the remaining tarpaulins, according to the schedule costs, as determined by APHIS, before below. The treatment period must be 2 any more cherimoyas will be treated or hours. inspected in Chile. After a final audit at the conclusions of each shipping sea- Dosage— pounds of son, any overpayment of funds would ° methyl be returned to SAG, or held on account Temperature ( F.) bromide per 1,000 until needed, at SAG’s option. cu. ft. (d) Costs for services in the United States. All costs of treatment and re- 80Ð89 (inclusive) ...... 11⁄2 70Ð79 (inclusive) ...... 2 quired safeguards and supervision, 60Ð69 (inclusive) ...... 21⁄2 other than the services of the super- 50Ð59 (inclusive) ...... 3 vising inspector during regularly as- signed hours of duty and at the usual (2) Soapy water and wax. The place of duty, shall be borne by the cherimoyas must be immersed in a owner of the fruits or a representative soapy water bath consisting of 1 part of the owner. soap solution (such as Deterfrut) to (e) Limitation of origin. The 3,000 parts water for a minimum of 20 cherimoyas must have been grown in a seconds, followed by a pressure shower province of Chile that is free from the rinse to remove soapy excess, and then Mediterranean fruit fly (see § 319.56– followed by immersion for a minimum 2(j)). of 20 seconds in an undiluted wax coat- (f) Ports of entry. Cherimoyas from ing (such as Johnson Wax Primafresh Chile may be imported through all 31 Kosher fruit coating). ports staffed by an inspector.1 (b) APHIS inspection. Cherimoyas (g) Department not responsible for dam- from Chile are subject to inspection age. The treatments prescribed in para- under the direction of an inspector, ei- graph (a) of this section are judged ther in Chile or at the port of arrival in from experimental tests to be safe for the United States. Imported use with cherimoyas from Chile. How- cherimoyas inspected in Chile are sub- ever, the Department assumes no re- ject to reinspection at the port of ar- sponsibility for any damage sustained rival as provided for in § 319.56–6. through or in the course of such treat- (c) Trust Fund Agreement. Cherimoyas ment or by compliance with require- that are treated or inspected in Chile ments under paragraph (a) of this sec- may be imported into the United tion. States only if the plant protection service of Chile (Servicio Agricola Y [57 FR 56436, Nov. 30, 1992, as amended at 59 Ganadero, referred to in this section as FR 67610, Dec. 30, 1994] SAG) has entered into a trust fund agreement with APHIS. This agree- § 319.56–2aa Administrative instruc- tions governing the entry of canta- ment requires SAG to pay in advance loupe, honeydew melons, and wa- of each shipping season all costs that termelon from Brazil and Ven- APHIS estimates it will incur in pro- ezuela. viding inspection services in Chile dur- Cantaloupe, honeydew melons, and ing that shipping season. These costs watermelon may be imported into the include administrative expenses and all United States from Brazil and Ven- salaries (including overtime and the ezuela only under permit, and only in Federal share of employee benefits), travel expenses (including per diem ex- penses), and other incidental expenses 1 Information concerning ports staffed by incurred by APHIS in performing these inspectors may be obtained by contacting the Animal and Plant Health Inspection services. The agreement requires SAG Service, Plant Protection and Quarantine, to deposit a certified or cashier’s check Port Operations, Permit Unit, 4700 River with APHIS for the amount of these Road Unit 136, Riverdale, Maryland 20737– costs, as estimated by APHIS. If the 1236.
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accordance with this section and all (c) Labeling. All shipments of canta- other applicable requirements of this loupe, honeydew melons, and water- subpart: melon must be labeled in accordance (a) The cantaloupe, honeydew mel- with § 319.56–2(g) of this subpart. ons, or watermelon must have been [63 FR 65656, Nov. 30, 1998] grown in the area of Brazil or the area of Venezuela considered by the Animal § 319.56–2bb Administrative instruc- and Plant Health Inspection Service to tions governing movement of Hass be free of the South American cucurbit avocados from Mexico to Alaska. fly, (Anastrepha grandis), in accordance Hass avocados may be imported from with § 319.56–2(e)(4) of this subpart. In Mexico into the United States for dis- addition, all shipments of cantaloupe, tribution in Alaska only under a per- honeydew melons, and watermelon mit issued in accordance with § 319.56–4, must be accompanied by a and only under the following condi- phytosanitary certificate issued either tions: by the Departmento de Defesa e (a) Commercial shipments. The avoca- Inspec¸an˜ o Vegetal (Brazilian Depart- dos may be imported in commercial ment of Plant Health and Inspection) shipments only. or the Servicio Autonomo de Sanidad (b) Safeguards in Mexico. The avoca- Agropecuaria (the plant protection dos must have been grown in the Mexi- service of Venezuela) that includes a can State of Michoacan by a partici- declaration indicating that the canta- pant in the avocado export program ad- loupe or melons were grown in an area ministered by Sanidad Vegetal. Upon recognized to be free of the South request, Sanidad Vegetal will provide American cucurbit fly. APHIS with a list of all participants. (1) Area considered free of the South Under the supervision of Sanidad Vege- American cucurbit fly in Brazil. The fol- tal personnel: lowing area in Brazil is considered free (1) The avocados must have been in- of the South American cucurbit fly: spected during growing, harvesting, That portion of Brazil bounded on the and packing and must have been found north by the Atlantic Ocean; on the free from seed weevils and other pests; (2) The avocados must have been east by the River Assu (Acu) from the sealed in boxes after inspection at the Atlantic Ocean to the city of Assu; on packing house with a seal that will be the south by Highway BR 304 from the broken when the box is opened; and city of Assu (Acu) to Mossoro, and by (3) The avocados must be packed in Farm Road RN–015 from Mossoro to the an enclosed container or vehicle or Ceara State line; and on the west by under a tarpaulin cover while in tran- the Ceara State line to the Atlantic sit through Mexico to prevent exposure Ocean. of the fruit to fruit flies. (2) Area considered free of the South (c) Certification. All shipments of avo- American cucurbit fly in Venezuela. The cados must be accompanied by a docu- following area in Venezuela is consid- ment issued by Sanidad Vegetal certi- ered free of the South American fying that the conditions specified in cucurbit fly: The Paraguana Peninsula, paragraph (b) of this section have been located in the State of Falcon, bounded met. on the north and east by the Caribbean (d) Marking requirements. The boxes of Ocean, on the south by the Gulf of Coro avocados must be clearly marked with and an imaginary line dividing the au- the statement ‘‘Distribution limited to tonomous districts of Falcon and Mi- the State of Alaska.’’ randa, and on the west by the Gulf of (e) Ports. The avocados may enter the Venezuela. United States only at the following (b) Shipping requirements. The canta- ports: Galveston or Houston, Texas; the loupe, honeydew melons, and water- border ports at Nogales, Arizona; melon must be packed in an enclosed Brownsville, Eagle Pass, El Paso, Hi- container or vehicle, or must be cov- dalgo, or Laredo, Texas; any port in ered by a pest-proof screen or plastic Alaska; or other ports within that area tarpaulin while in transit to the United of the United States specified in para- States. graph (f) of this section.
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(f) Shipping areas. Except as explained § 319.56–2cc Administrative instruc- below for avocados that enter the tions governing the entry of Fuji United States at Nogales, Arizona, avo- variety apples from Japan and the cados moved by truck or rail car may Republic of Korea. transit only that area of the United Fuji variety apples may be imported States bounded on the west and south into the United States from Japan and by a line extending from El Paso, the Republic of Korea only under the Texas, to Salt Lake City, Utah, to following conditions: Portland, Oregon, and due west from (a) Treatment and fumigation. The ap- Portland; and on the east and south by ples must be cold treated and then fu- a line extending from Brownsville, migated, under the supervision of an Texas, to Galveston, Texas, to Kinder, Animal and Plant Health Inspection Louisiana, to Memphis, Tennessee, to Service (APHIS) inspector, either in Louisville, Kentucky, and due east Japan or the Republic of Korea, for the from Louisville. All cities on these peach fruit moth (Carposina niponensis), boundary lines are included in this the yellow peach moth (Conogethes area. If the avocados are moved by air, punctiferalis), the fruit tree spider mite the aircraft may not land outside this (Tetranychus viennensis), and the area. Avocados that enter the United kanzawa mite (T. kanzawai), in accord- States at Nogales, Arizona, must be ance with the Plant Protection and moved to El Paso, Texas, by the route Quarantine Treatment Manual, which specified on the permit, and then must is incorporated by reference at § 300.1 of remain within the shipping area de- this chapter. scribed above. (b) APHIS inspection. The apples must (g) Shipping requirements. The avoca- be inspected upon completion of the dos must be moved through the United treatments required by paragraph (a) States either by air or in a refrigerated of this section, prior to export from truck or refrigerated rail car or in re- Japan or the Republic of Korea, by an frigerated containers on a truck or rail APHIS inspector and an inspector from car. If the avocados are moved in re- the national plant protection agency of frigerated containers on a truck or rail Japan or the Republic of Korea. The car, an inspector must seal the con- apples shall be subject to further dis- tainers with a serially numbered seal infection in the exporting country if at the port of first arrival in the plant pests are found prior to export. United States. If the avocados are Imported Fuji variety apples inspected moved in a refrigerated truck or a re- in Japan or the Republic of Korea are frigerated rail car, an inspector must also subject to inspection and disinfec- seal the truck or rail car with a seri- tion at the port of first arrival, as pro- ally numbered seal at the port of first vided in § 319.56–6. arrival in the United States. If the avo- (c) Trust fund agreements. The na- cados are transferred to another vehi- tional plant protection agency of the cle or container in the United States, exporting country must enter into a an inspector must be present to super- trust fund agreement with APHIS be- vise the transfer and must apply a new fore APHIS will provide the services serially numbered seal. The avocados necessary for Fuji variety apples to be must be moved through the United imported into the United States from States under Customs bond. Japan or the Republic of Korea. The (h) Inspection. The avocados are sub- agreement requires the national plant ject to inspection by the Animal and protection agency to pay in advance of Plant Health Inspection Service at the each shipping season all costs that APHIS estimates it will incur in pro- U.S./Mexico border, at any stops in the viding services in Japan or the Repub- United States en route to Alaska, and lic of Korea during that shipping sea- at the port of arrival in Alaska. son. These costs include administrative [58 FR 40037, July 27, 1993] expenses and all salaries (including
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overtime and the Federal share of em- spected by, the Spanish Ministry of Ag- ployee benefits), travel expenses (in- riculture, Fisheries, and Food (MAFF); cluding per diem expenses), and other (2) The tomatoes may be shipped only incidental expenses incurred by APHIS from December 1 through April 30, in- in performing these services. The clusive; agreement requires the national plant (3) Two months prior to shipping, and protection agency to deposit a certified continuing through April 30, MAFF or cashiers check with APHIS for the must set and maintain Mediterranean amount of these costs, as estimated by fruit fly (Medfly) traps baited with APHIS. If the deposit is not sufficient trimedlure inside the greenhouses at a to meet all costs incurred by APHIS, rate of four traps per hectare. In all the agreement further requires the na- areas outside the greenhouses and tional plant protection agency to de- within 8 kilometers, including urban posit with APHIS a certified or cash- and residential areas, MAFF must iers check for the amount of the re- place Medfly traps at a rate of four maining costs, as determined by traps per square kilometer. All traps APHIS, before APHIS will provide any must be checked every 7 days; more services necessary for Fuji vari- (4) Capture of a single Medfly in a ety apples to be imported into the registered greenhouse will immediately United States from that country. After result in cancellation of exports from a final audit at the conclusion of each that greenhouse until the source of in- shipping season, any overpayment of festation is determined, the Medfly in- funds will be returned to the national festation is eradicated, and measures plant protection agency, or held on ac- are taken to preclude any future infes- count until needed, at that agency’s tation. Capture of a single Medfly with- option. in 2 kilometers of a registered green- (d) Department not responsible for dam- house will necessitate increasing trap age. The treatments prescribed in para- density in order to determine whether graph (a) of this section are judged there is a reproducing population in from experimental tests to be safe for the area. Capture of two Medflies with- use with Fuji variety apples from in 2 kilometers of a registered green- Japan and the Republic of Korea. How- house and within a 1-month time pe- ever, the Department assumes no re- riod will result in cancellation of ex- sponsibility for any damage sustained ports from all registered greenhouses through or in the course of such treat- within 2 kilometers of the find until ment or by compliance with require- the source of infestation is determined ments under paragraph (a) or (b) of this and the Medfly infestation is eradi- section. cated; [59 FR 42154, Aug. 17, 1994] (5) MAFF must maintain records of trap placement, checking of traps, and § 319.56–2dd Administrative instruc- any Medfly captures, and must make tions: conditions governing the the records available to APHIS upon entry of tomatoes. request; (a) Tomatoes (fruit) (Lycopersicon (6) The tomatoes must be packed esculentum) from Spain. Pink or red to- within 24 hours of harvest. They must matoes may be imported into the be safeguarded by a fruit fly-proof United States from Spain only under mesh screen or plastic tarpaulin while the following conditions: 1 in transit to the packing house and (1) The tomatoes must be grown in while awaiting packing, and packed in the Almeria Province of Spain in fruit fly-proof containers for transit to greenhouses registered with, and in- the airport and subsequent shipping to the United States. Transit through other fruit fly supporting areas is pro- 1 The surface area of a pink tomato is more hibited unless the fruit fly-proof con- than 30 percent but not more than 60 percent pink and/or red. The surface area of a red to- tainers are sealed by MAFF before mato is more than 60 percent pink and/or shipment and the official seal number red. Green tomatoes may be imported in ac- is recorded on the phytosanitary cer- cordance with § 319.56–2t of this subpart. tificate; and
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(7) MAFF is responsible for export panied by a phytosanitary certificate certification inspection and issuance of issued by SRPV and bearing the dec- phytosanitary certificates. Each ship- laration, ‘‘These tomatoes were grown ment of tomatoes must be accom- in registered greenhouses in the Brit- panied by a phytosanitary certificate tany Region of France.’’ issued by MAFF and bearing the dec- (c) Tomatoes (fruit) (Lycopersicon laration, ‘‘These tomatoes were grown esculentum) from Morocco and Western in registered greenhouses in Almeria Sahara. Pink tomatoes may be im- Province in Spain.’’ ported into the United States from Mo- (b) Tomatoes (fruit) (Lycopersicon rocco and Western Sahara only under esculentum) from France. Pink or red to- the following conditions: 3 matoes may be imported into the United States from France only under (1) The tomatoes must be grown in the following conditions: 2 the provinces of El Jadida or Safi in (1) The tomatoes must be grown in Morocco or in the province of Dahkla the Brittany Region of France in in Western Sahara in insect-proof greenhouses registered with, and in- greenhouses registered with, and in- spected by, the Service de la Protec- spected by, the Moroccan Ministry of tion Vegetaux (SRPV); Agriculture, Division of Plant Protec- (2) From June 1 through September tion, Inspection, and Enforcement 30, SRPV must set and maintain one (DPVCTRF); Medfly trap baited with trimedlure in- (2) The tomatoes may be shipped side and one outside each greenhouse from Morocco and Western Sahara only and must check the traps every 7 days; between December 1 and April 30, in- (3) Capture of a single Medfly inside clusive; or outside a registered greenhouse will (3) Beginning 2 months prior to the immediately result in cancellation of start of the shipping season and con- exports from that greenhouse until the tinuing through the end of the shipping source of the infestation is determined, season, DPVCTRF must set and main- the Medfly infestation is eradicated, tain Mediterranean fruit fly (Medfly) and measures are taken to preclude traps baited with trimedlure inside the any future infestation; greenhouses at a rate of four traps per (4) SRPV must maintain records of hectare. In Morocco, traps must also be trap placement, checking of traps, and any Medfly captures, and must make placed outside registered greenhouses them available to APHIS upon request; within a 2 kilometer radius at a rate of (5) From June 1 through September four traps per square kilometer. In 30, the tomatoes must be packed within Western Sahara, a single trap must be 24 hours of harvest. They must be safe- placed outside in the immediate prox- guarded by fruit fly-proof mesh screen imity of each registered greenhouse. or plastic tarpaulin while in transit to All traps in Morocco and Western Sa- the packing house and while awaiting hara must be checked every 7 days; packing, and be packed in fruit fly- (4) DPVCTRF must maintain records proof containers for transit to the air- of trap placement, checking of traps, port and subsequent shipping to the and any Medfly captures, and make the United States. At all times of the year, records available to APHIS upon re- transit through other fruit fly sup- quest; porting areas is prohibited unless the (5) Capture of a single Medfly in a fruit fly-proof containers are sealed by registered greenhouse will immediately SRPV before shipment and the official result in cancellation of exports from seal number is recorded on the that greenhouse until the source of the phytosanitary certificate; and infestation is determined, the Medfly (6) SRPV is responsible for export infestation has been eradicated, and certification inspection and issuance of measures are taken to preclude any fu- phytosanitary certificates. Each ship- ment of tomatoes must be accom- ture infestation. Capture of a single
2 See footnote 1 in paragraph (a) of this sec- 3 See footnote 1 in paragraph (a) of this sec- tion. tion.
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Medfly within 200 meters of a reg- istered with the Servicio Agricola y istered greenhouse will necessitate in- Ganadero (SAG) and with APHIS per- creasing trap density in order to deter- sonnel monitoring the treatments; mine whether there is a reproducing (2) The tomatoes must be treated and population in the area. Six additional packed within 24 hours of harvest. Once traps must be placed within a radius of treated, the tomatoes must be safe- 200 meters surrounding the trap where guarded by a fruit fly-proof mesh the Medfly was captured. Capture of 2 screen or plastic tarpaulin while in Medflies within 200 meters of a reg- transit to the packing house and while istered greenhouse and within a 1- awaiting packing, and be packed in month time period will necessitate fruit fly-proof containers under APHIS Malathion bait sprays in the area every monitoring for transit to the airport 7 to 10 days for 60 days to ensure eradi- cation; and subsequent shipping to the United (6) The tomatoes must be packed States; and within 24 hours of harvest. They must (3) Tomatoes may be imported into be safeguarded by a fruit fly-proof the United States from Chile only if mesh screen or plastic tarpaulin while SAG has entered into a trust fund in transit to the packing house and agreement with APHIS for that ship- while awaiting packing, and packed in ping season. This agreement requires fruit fly-proof containers for transit to SAG to pay in advance all costs that the airport and subsequent shipping to APHIS estimates it will incur in pro- the United States. The tomatoes must viding the preclearance services pre- be pink at the time of packing. Transit scribed in this section for that shipping through other fruit fly supporting season. These costs will include admin- areas is prohibited unless the fruit fly- istrative expenses incurred in con- proof containers are sealed by the Mo- ducting the preclearance services; and roccan Ministry of Agriculture, Fresh all salaries (including overtime and the Product Export (EACCE), before ship- Federal share of employee benefits), ment and the official seal number is re- travel expenses (including per diem ex- corded on the phytosanitary certifi- penses), and other incidental expenses cate; and incurred by the inspectors in providing (7) EACCE is responsible for export these services. The agreement requires certification inspection and issuance of SAG to deposit a certified or cashier’s phytosanitary certificates. Each ship- check with APHIS for the amount of ment of tomatoes must be accom- these costs for the entire shipping sea- panied by a phytosanitary certificate son, as estimated by APHIS based on issued by EACCE and bearing the dec- projected shipment volumes and cost laration, ‘‘These tomatoes were grown figures from previous inspections. The in registered greenhouses in El Jadida agreement further requires that, if the or Safi Province, Morocco, and were pink at the time of packing’’ or ‘‘These initial deposit is not sufficient to meet tomatoes were grown in registered all costs incurred by APHIS, SAG must greenhouses in Dahkla Province, West- deposit with APHIS another certified ern Sahara and were pink at the time or cashier’s check for the amount of of packing.’’ the remaining costs, as determined by (d) Tomatoes from Chile. Tomatoes APHIS, before the inspections will be (fruit) (Lycopersicon esculentum) from completed. The agreement also re- Chile, whether green or at any stage of quires that, in the event of unexpected ripeness, may be imported into the end-of-season costs, SAG must deposit United States only under the following with APHIS a certified cashier’s check conditions: sufficient to meet such costs as esti- (1) The tomatoes must be treated in mated by APHIS, before any further Chile with methyl bromide in accord- preclearance services will be provided. ance with the PPQ Treatment Manual, If the amount SAG deposits during a which is incorporated by reference at shipping season exceeds the total cost § 300.1 of this chapter. The treatment incurred by APHIS in providing must be conducted in facilities reg- preclearance services, the difference
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will be returned to SAG by APHIS at tions of paragraphs (a) and (b) of this the end of the shipping season. section have been met. (Approved by the Office of Management and [60 FR 50386, Sept. 29, 1995, as amended at 66 Budget under control number 0579–0131) FR 45161, Aug. 28, 2001] [63 FR 39216, July 22, 1998] § 319.56–2ff Administrative instruc- tions governing movement of Hass § 319.56–2ee Administrative instruc- avocados from Michoacan, Mexico, tions: Conditions governing the to approved States. entry of Ya variety pears from Fresh Hass variety avocados (Persea China. americana) may be imported from Ya variety pears may be imported Michoacan, Mexico, into the United into the United States from China only States for distribution in approved under the following conditions: States only under a permit issued in (a) Growing and harvest conditions. (1) accordance with § 319.56–4, and only The pears must have been grown by under the following conditions: growers registered with the Chinese (a) Shipping restrictions. (1) The avoca- Ministry of Agriculture in an APHIS- dos may be imported in commercial approved export growing area in the shipments only; Hebei or Shadong Provinces. (2) The avocados may be imported (2) Field inspections for signs of pest only between October 15 and April 15 of infestation must be conducted by the the following year; and Chinese Ministry of Agriculture during (3) The avocados may be distributed the growing season. only in the following States: Colorado, (3) The registered growers shall be re- Connecticut, Delaware, the District of sponsible for following the Columbia, Idaho, Illinois, Indiana, phytosanitary measures agreed upon Iowa, Kansas, Kentucky, Maine, Mary- by APHIS and the Chinese Ministry of land, Massachusetts, Michigan, Min- Agriculture, including applying pes- nesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New ticides to reduce the pest population York, North Dakota, Ohio, Pennsyl- and bagging the pears on the trees to vania, Rhode Island, South Dakota, reduce the opportunity for pests to at- Utah, Vermont, Virginia, West Vir- tack the fruit during the growing sea- ginia, Wisconsin, and Wyoming. son. The bags must remain on the (b) Trust fund agreement. The avoca- pears through the harvest and during dos may be imported only if the Mexi- their movement to the packing house. can avocado industry association rep- (4) The packing houses in which the resenting Mexican avocado growers, pears are prepared for exportation shall packers, and exporters has entered into not be used for any fruit other than Ya a trust fund agreement with the Ani- variety pears from registered growers mal and Plant Health Inspection Serv- during the pear export season. The ice (APHIS) for that shipping season. packing houses shall accept only those That agreement requires the Mexican pears that are in intact bags as re- avocado industry association to pay in quired by paragraph (a)(3) of this sec- advance all estimated costs that tion. The pears must be loaded into APHIS expects to incur through its in- containers at the packing house and volvement in the trapping, survey, har- the containers then sealed before vest, and packinghouse operations pre- movement to the port of export. scribed in paragraph (c) of this section. (b) Treatment. The pears must be cold These costs will include administrative treated for Bactrocera dorsalis in ac- expenses incurred in conducting the cordance with the Plant Protection services and all salaries (including and Quarantine Treatment Manual, overtime and the Federal share of em- which is incorporated by reference at ployee benefits), travel expenses (in- § 300.1 of this chapter. cluding per diem expenses), and other (c) Each shipment of pears must be incidental expenses incurred by the in- accompanied by a phytosanitary cer- spectors in performing these services. tificate issued by the Chinese Ministry The agreement requires the Mexican of Agriculture stating that the condi- avocado industry association to deposit
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a certified or cashier’s check with avocado trees. The survey must be con- APHIS for the amount of those costs, ducted during the growing season and as estimated by APHIS. If the deposit completed prior to the harvest of the is not sufficient to meet all costs in- avocados. curred by APHIS, the agreement fur- (iii) Trapping must be conducted in ther requires the Mexican avocado in- the municipality for Mediterranean dustry association to deposit with fruit fly (Medfly) (Ceratitis capitata) at APHIS a certified or cashier’s check the rate of 1 trap per 1 to 4 square for the amount of the remaining costs, miles. Any findings of Medfly must be as determined by APHIS, before the reported to APHIS. services will be completed. After a (2) Orchard and grower requirements. final audit at the conclusion of each The orchard and the grower must be shipping season, any overpayment of registered with Sanidad Vegetal’s avo- funds would be returned to the Mexican cado export program and must be listed avocado industry association or held as an approved orchard or an approved on account until needed. grower in the annual work plan pro- (c) Safeguards in Mexico. The avoca- vided to APHIS by Sanidad Vegetal. dos must have been grown in the Mexi- The operations of the orchard must can State of Michoacan in an orchard meet the following conditions: located in a municipality that meets (i) The orchard and all contiguous or- the requirements of paragraph (c)(1) of chards and properties must be surveyed this section. The orchard in which the annually and found to be free from the avocados are grown must meet the re- avocado stem weevil Copturus quirements of paragraph (c)(2) of this aguacatae. The survey must be con- section. The avocados must be packed ducted during the growing season and for export to the United States in a completed prior to the harvest of the packinghouse that meets the require- avocados. ments of paragraph (c)(3) of this sec- tion. Sanidad Vegetal must provide an (ii) Trapping must be conducted in annual work plan to APHIS that de- the orchard for the fruit flies tails the activities that Sanidad Vege- Anastrepha ludens, A. serpentina, and A. tal will, subject to APHIS’ approval of striata at the rate of one trap per 10 the work plan, carry out to meet the hectares. If one of those fruit flies is requirements of this section; APHIS trapped, at least 10 additional traps will be directly involved with Sanidad must be deployed in a 50-hectare area Vegetal in the monitoring and super- immediately surrounding the trap in vision of those activities. The per- which the fruit fly was found. If within sonnel conducting the trapping and 30 days of the first finding any addi- pest surveys must be hired, trained, tional fruit flies are trapped within the and supervised by Sanidad Vegetal or 260-hectare area surrounding the first by the Michoacan State delegate of the finding, malathion bait treatments Secretaria de Agricultura, Ganaderia y must be applied in the affected orchard Desarrollo Rural (SAGDR). in order for the orchard to remain eli- (1) Municipality requirements. (i) The gible to export avocados. municipality must be listed as an ap- (iii) Avocado fruit that has fallen proved municipality in the annual from the trees must be removed from work plan provided to APHIS by the orchard at least once every 7 days Sanidad Vegetal. and may not be included in field boxes (ii) The municipality must be sur- of fruit to be packed for export. veyed at least annually and found to be (iv) Dead branches on avocado trees free from the large avocado seed weevil in the orchard must be pruned and re- Heilipus lauri, the avocado seed moth moved from the orchard. Stenoma catenifer, and the small avo- (v) Harvested avocados must be cado seed weevils Conotrachelus placed in field boxes or containers of aguacatae and C. perseae. The survey field boxes that are marked to show must cover at least 300 hectares in the the Sanidad Vegetal registration num- municipality and include randomly se- ber of the orchard. The avocados must lected portions of each registered or- be moved from the orchard to the pack- chard and areas with wild or backyard inghouse within 3 hours of harvest or
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they must be protected from fruit fly tribution in AL, AK, AZ, AR, CA, FL, infestation until moved. GA, HI, LA, MS, NV, NM, NC, OK, OR, (vi) The avocados must be protected SC, TN, TX, WA, Puerto Rico, and all from fruit fly infestation during their other U.S. Territories.’’ movement from the orchard to the (viii) The boxes must be placed in a packinghouse and must be accom- refrigerated truck or refrigerated con- panied by a field record indicating that tainer and remain in that truck or con- the avocados originated from a cer- tainer while in transit through Mexico tified orchard. to the port of first arrival in the (3) Packinghouse requirements. The United States. Prior to leaving the packinghouse must be registered with packinghouse, the truck or container Sanidad Vegetal’s avocado export pro- must be secured by Sanidad Vegetal gram and must be listed as an approved with a seal that will be broken when packinghouse in the annual work plan the truck or container is opened. Once provided to APHIS by Sanidad Vegetal. sealed, the refrigerated truck or refrig- The operations of the packinghouse erated container must remain un- must meet the following conditions: opened until it reaches the port of first (i) During the time the packinghouse arrival in the United States. is used to prepare avocados for export (ix) Any avocados that have not been to the United States, the packinghouse packed or loaded into a refrigerated may accept fruit only from orchards truck or refrigerated container by the certified by Sanidad Vegetal for par- end of the work day must be kept in ticipation in the avocado export pro- the screened packing area. gram. (d) Certification. All shipments of avo- (ii) All openings to the outside must cados must be accompanied by a be covered by screening with openings phytosanitary certificate issued by of not more than 1.6 mm or by some Sanidad Vegetal certifying that the other barrier that prevents insects conditions specified in this section from entering the packinghouse. have been met. (iii) The packinghouse must have double doors at the entrance to the fa- (e) Pest detection. (1) If any of the avo- cility and at the interior entrance to cado seed pests Heilipus lauri, the area where the avocados are Conotrachelus aquacatae, C. perseae, or packed. Stenoma catenifer are discovered in a (iv) Prior to the culling process, a municipality during an annual pest sample of 300 avocados per shipment survey, orchard survey, packinghouse must be selected, cut, and inspected by inspection, or other monitoring or in- Sanidad Vegetal and found free from spection activity in the municipality, pests. Sanidad Vegetal must immediately ini- (v) The identity of the avocados must tiate an investigation and take meas- be maintained from field boxes or con- ures to isolate and eradicate the pests. tainers to the shipping boxes so the av- Sanidad Vegetal must also provide ocados can be traced back to the or- APHIS with information regarding the chard in which they were grown if circumstances of the infestation and pests are found at the packinghouse or the pest risk mitigation measures the port of first arrival in the United taken. The municipality in which the States. pests are discovered will lose its pest- (vi) Prior to being packed in boxes, free certification and avocado exports each avocado fruit must be cleaned of from that municipality will be sus- all stems, leaves, and other portions of pended until APHIS and Sanidad Vege- plants and labeled with a sticker that tal agree that the pest eradication bears the Sanidad Vegetal registration measures taken have been effective and number of the packinghouse. that the pest risk within that munici- (vii) The avocados must be packed in pality has been eliminated. clean, new boxes, or clean plastic reus- (2) If Sanidad Vegetal discovers the able crates. The boxes or crates must stem weevil Copturus aguacatae in an be clearly marked with the identity of orchard during an orchard survey or the grower, packinghouse, and ex- other monitoring or inspection activity porter, and the statement ‘‘Not for dis- in the orchard, Sanidad Vegetal must
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provide APHIS with information re- cados are moved by air, the aircraft garding the circumstances of the infes- may not land outside this shipping tation and the pest risk mitigation area. measures taken. The orchard in which (3) Avocados that enter the United the pest was found will lose its export States at Nogales, AZ, must be moved certification immediately and will be to Las Cruces, NM, by the route speci- denied export certification for the en- fied on the permit, and then must re- tire shipping season of October 15 main within the shipping area de- through April 15. scribed above in this paragraph. (3) If Sanidad Vegetal discovers the (h) Shipping requirements. The avoca- stem weevil Copturus aguacatae in fruit dos must be moved through the United at a packinghouse, Sanidad Vegetal States either by air or in a refrigerated must investigate the origin of the in- truck or refrigerated rail car or in a re- fested fruit and provide APHIS with in- frigerated container on a truck or rail formation regarding the circumstances car. If the avocados are moved in a re- of the infestation and the pest risk frigerated container on a truck or rail mitigation measures taken. The or- car, an inspector must seal the con- chard where the infested fruit origi- tainer with a serially numbered seal at nated will lose its export certification the port of first arrival in the United immediately and will be denied export States. If the avocados are moved in a certification for the entire shipping refrigerated truck or a refrigerated rail season of October 15 through April 15. car, an inspector must seal the truck (f) Ports. The avocados may enter the or rail car with a serially numbered United States at: seal at the port of first arrival in the (1) Any port located in a State speci- United States. If the avocados are fied in paragraph (a)(3) of this section; transferred to another vehicle or con- (2) The ports of Galveston or Hous- tainer in the United States, an inspec- ton, TX, or the border ports of Nogales, tor must be present to supervise the AZ, or Brownsville, Eagle Pass, El transfer and must apply a new serially Paso, Hidalgo, or Laredo, TX; or numbered seal. The avocados must be (3) Other ports within that area of moved through the United States the United States specified in para- under Customs bond. graph (g) of this section. (i) Inspection. The avocados are sub- (g) Shipping areas. (1) Except as ex- ject to inspection by an inspector at plained below in paragraph (g)(3) for the port of first arrival, at any stops in avocados that enter the United States the United States en route to an ap- at Nogales, AZ, avocados moved by proved State, and upon arrival at the truck or rail car may transit only that terminal market in the approved area of the United States bounded as States. At the port of first arrival, an follows: inspector will sample and cut avocados (i) On the east and south by a line ex- from each shipment to detect pest in- tending from Brownsville, TX, to Gal- festation. veston, TX, to Kinder, LA, to Memphis, (j) Repackaging. If any avocados are TN, to Knoxville, TN, following Inter- removed from their original shipping state 40 to Raleigh, NC, and due east boxes and repackaged, the stickers re- from Raleigh, and quired by paragraph (c)(3)(vi) of this (ii) On the west by following Inter- section may not be removed or ob- state 10 North from El Paso, TX, to Las scured and the new boxes must be Cruces, NM, and north following Inter- clearly marked with all the informa- state 25 to the Colorado border, then tion required by paragraph (c)(3)(vii) of west along Colorado and Utah’s south- this section. ern borders, then north along Utah’s (k) Compliance agreements. (1) Any western border, then west along Ida- person, other than the permittee, who ho’s southern border and north along moves or distributes the avocados fol- Idaho’s western border to the border lowing their importation into the with Canada. United States (i.e., a second-party or (2) All cities on the boundary lines subsequent handler) must enter into a described in paragraph (g)(1) are in- compliance agreement with APHIS. In cluded in this shipping area. If the avo- the compliance agreement, the person
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must acknowledge, and agree to ob- and all other applicable requirements serve, the requirements of paragraph of this subpart: (a) and paragraphs (f) through (k) of (a) The peppers must be grown in the this section. Compliance agreement Almeria Province of Spain in pest- forms are available, free of charge, proof greenhouses registered with, and from local offices of Plant Protection inspected by, the Spanish Ministry of and Quarantine, which are listed in Agriculture, Fisheries, and Food local telephone directories. A compli- (MAFF); ance agreement will not be required for (b) The peppers may be shipped only an individual place of business that from December 1 through April 30, in- only offers the avocados for sale di- clusive; rectly to consumers. (c) Beginning October 1, and con- (2) Before transferring the avocados tinuing through April 30, MAFF must to any person (i.e., a second-party han- set and maintain Mediterranean fruit dler) for movement or distribution, the fly (Medfly) traps baited with permittee must confirm that the sec- trimedlure inside the greenhouses at a ond-party handler has entered into a rate of four traps per hectare. In all compliance agreement with APHIS as outside areas, including urban and resi- required by paragraph (k)(1) of this sec- dential areas, within 8 kilometers of tion. If the permittee transfers the avo- the greenhouses, MAFF must set and cados to a second-party handler who maintain Medfly traps baited with has not entered into a compliance trimedlure at a rate of four traps per agreement, APHIS may revoke the per- square kilometer. All traps must be mittee’s import permit for the remain- checked every 7 days; der of the current shipping season. (d) Capture of a single Medfly in a (3) Any second-party or subsequent registered greenhouse will immediately handler who transfers the avocados to halt exports from that greenhouse another person for movement or dis- until the Deputy Administrator deter- tribution must confirm that the person mines that the source of infestation receiving the avocados has entered into has been identified, that all Medflies a compliance agreement with APHIS as have been eradicated, and that meas- required by paragraph (k)(1) of this sec- ures have been taken to preclude any tion. If the second-party or subsequent future infestation. Capture of a single handler transfers the avocados to a Medfly within 2 kilometers of a reg- person who has not entered into a com- istered greenhouse will necessitate in- pliance agreement, APHIS may revoke creased trap density in order to deter- the handler’s compliance agreement mine whether there is a reproducing for the remainder of the current ship- population in the area. Capture of two ping season. Medflies within 2 kilometers of a reg- (4) Action on repeat violators. APHIS istered greenhouse during a 1-month may deny an application for an import period will halt exports from all reg- permit from, or refuse to enter into a istered greenhouses within 2 kilo- compliance agreement with, any per- meters of the capture, until the source son who has had his or her import per- of infestation is determined and all mit or compliance agreement revoked Medflies are eradicated; under paragraph (k)(2) or (k)(3) of this (e) The peppers must be safeguarded section twice within any 5-year period. against fruit fly infestation from har- (Approved by the Office of Management and vest to export. Such safeguarding in- Budget under control number 0579–0129.) cludes covering newly harvested pep- [62 FR 5313, Feb. 5, 1997, as amended at 64 FR pers with fruit fly-proof mesh screen or 68005, Dec. 6, 1999; 66 FR 55551, Nov. 1, 2001] plastic tarpaulin while in transit to the packing house and while awaiting § 319.56–2gg Administrative instruc- packing, and packing the peppers in tions; conditions governing the fruit fly-proof cartons, or cartons cov- entry of peppers from Spain. ered with fruit-fly proof mesh or plas- Peppers (fruit) (Capsicum spp.) may tic tarpaulin, and placing those cartons be imported into the United States in enclosed shipping containers for from Spain only under permit, and transit to the airport and subsequent only in accordance with this section shipment to the United States;
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(f) The peppers must be packed for with regard to the mango seed weevil shipment within 24 hours of harvest; (Sternochetus mangiferae). (g) During shipment, the peppers may (b) Treatment. The mangoes must be not transit other fruit fly-supporting subjected to the following vapor heat areas unless shipping containers are treatment for fruit flies of the genus sealed by MAFF with an official seal Bactrocera. The treatment must be con- whose number is noted on the ducted in the Philippines under the su- phytosanitary certificate; and pervision of an inspector. (h) A phytosanitary certificate issued (1) Size the fruit before treatment. by MAFF and bearing the declaration, Place temperature probes in the center ‘‘These peppers were grown in reg- of the large fruits. istered greenhouses in Almeria Prov- (2) Raise the temperature of the fruit ince in Spain,’’ must accompany the by saturated water vapor at 117.5 °F shipment. (47.5 °C) until the approximate center of the fruit reaches 114.8 °F (46 °C) [63 FR 65656, Nov. 30, 1998] within a minimum of 4 hours. ° § 319.56–2hh Conditions governing the (3) Hold fruit temperature at 114.8 F entry of peppers from New Zealand. (46 °C) for 10 minutes. (4) During the run-up time, tempera- Peppers from New Zealand may be ture should be recorded from each pulp imported into the United States only sensor once every 5 minutes. During under the following conditions: the 10 minutes holding time, tempera- (a) The peppers must be grown in ture should be recorded from each pulp New Zealand in insect-proof green- sensor every minute. During the last houses approved by the New Zealand hour of the treatment, which includes Ministry of Agriculture and Forestry the 10-minute holding time, the rel- (MAF). ative humidity must be maintained at (b) The greenhouses must be equipped a level of 90 percent or higher. After with double self-closing doors, and any the fruit are treated, air cooling and/or vents or openings in the greenhouses drench cooling are optional. (other than the double closing doors) (c) APHIS inspection. Mangoes from must be covered with 0.6 mm screening the Philippines are subject to inspec- in order to prevent the entry of pests tion under the direction of an inspec- into the greenhouse. tor, either in the Philippines or at the (c) The greenhouses must be exam- port of first arrival in the United ined periodically by MAF to ensure States. Mangoes inspected in the Phil- that the screens are intact. ippines are subject to reinspection at (d) Each shipment of peppers must be the port of first arrival in the United accompanied by a phytosanitary cer- States as provided in § 319.56–6. tificate of inspection issued by MAF (d) Labeling. Each box of mangoes bearing the following declaration: must be clearly labeled in accordance ‘‘These peppers were grown in green- with § 319.56–2(g). houses in accordance with the condi- (e) Phytosanitary certificate. Each tions in § 319.56–2hh.’’ shipment of mangoes must be accom- [66 FR 45161, Aug. 28, 2001] panied by a phytosanitary certificate issued by the Republic of the Phil- § 319.56–2ii Administrative instruc- ippines Department of Agriculture that tions: conditions governing the contains additional declarations stat- entry of mangoes from the Phil- ing that the mangoes were grown on ippines. the island of Guimaras and have been Mangoes (fruit) (Mangifera indica) treated for fruit flies of the genus may be imported into the United Bactrocera in accordance with para- States from the Philippines only under graph (b) of this section. the following conditions: (f) Trust Fund Agreement. Mangoes (a) Limitation of origin. The mangoes that are treated or inspected in the must have been grown on the island of Philippines may be imported into the Guimaras, which the Administrator United States only if the Republic of has determined meets the criteria set the Philippines Department of Agri- forth in § 319.56–2(e)(4) and § 319.56–2(f) culture (RPDA) has entered into a
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trust fund agreement with APHIS. fore a permit is received, the importa- That agreement requires the RPDA to tion will be held in customs custody at pay, in advance of each shipping sea- the port of first arrival, at the risk and son, all costs that APHIS estimates it expense of the importer, for a period will incur in providing inspection serv- not exceeding 20 days pending the re- ices in the Philippines during that ceipt of the permit. shipping season. Those costs include (c) Application may be made by tele- administrative expenses and all sala- graph, in which case the information ries (including overtime and the Fed- required above must be given. eral share of employee benefits), travel (d) A separate permit must be se- expenses (including per diem expenses), cured for shipments from each country and other incidental expenses incurred and for each port of first arrival in the by APHIS in performing these services. United States. The agreement requires the RPDA to deposit a certified or cashier’s check (Approved by the Office of Management and with APHIS for the amount of those Budget under control number 0579–0049) costs, as estimated by APHIS. If the [24 FR 10788, Dec. 29, 1959, as amended at 48 deposit is not sufficient to meet all FR 57466, Dec. 30, 1983] costs incurred by APHIS, the agree- ment further requires the RPDA to de- § 319.56–4 Issuance of permits. posit with APHIS a certified or cash- ier’s check for the amount of the re- Upon receipt of an application and maining costs, as determined by upon approval by an inspector a permit APHIS, before any more mangoes will will be issued specifying the conditions be treated or inspected in the Phil- of entry and the port of entry to carry ippines. After a final audit at the con- out the purposes of this subpart, and a clusion of each shipping season, any copy will be supplied to the importer. overpayment of funds would be re- turned to the RPDA or held on account § 319.56–5 Notice of arrival by per- mittee. until needed, at the RPDA’s option. (g) Department not responsible for dam- (a) Immediately upon the arrival of age. The treatment for mangoes pre- fruits or vegetables, from the countries scribed in paragraph (b) of this section specified in § 319.56, at the port of first is judged from experimental tests to be arrival, the permittee or his agent safe. However, the Department as- shall submit a notice, in duplicate, to sumes no responsibility for any damage the Plant Protection and Quarantine sustained through or in the course of Programs, through the United States such treatment. Collector of Customs, or, in the case of Guam, through the Customs officer of [66 FR 32213, June 14, 2001] the Government of Guam, on forms § 319.56–3 Applications for permits for provided for that purpose, stating the importation of fruits and vegeta- number of the permit; the kinds of bles. fruits or vegetables; the quantity or (a) Persons contemplating the impor- the number of crates or other con- tation of fruits or vegetables the entry tainers included in the shipment; the of which is authorized in the regula- country or locality where the fruits or tions in this subpart shall first make vegetables were grown; the date of ar- application to the Plant Protection rival; the name of the vessel, the name and Quarantine Programs for a permit, and the number, if any, of the dock stating in the application the country where the fruits or vegetables are to be or locality of origin of the fruits or unloaded, and the name of the importer vegetables, the port of first arrival, and or broker at the port of first arrival, the name and address of the importer or, if shipped by rail, the name of the in the United States to whom the per- railroad, the car numbers, and the ter- mit should be sent. minal where the fruits or vegetables (b) Applications for permits should be are to be unloaded. made in advance of the proposed ship- (b) Permits may be revoked and ments; but if, through no fault of the other permits refused if the permittee importer, a shipment should arrive be- or his agent fails to submit the notice
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of arrival or gives a false notice or in at that port or at a place other than any other way violates the quarantine. the port of first arrival, or is prohib- ited and must be exported from the (Approved by the Office of Management and Budget under control number 0579–0049) United States. (e) Notice to owner of actions ordered [24 FR 10788, Dec. 29, 1959, as amended at 48 by inspector. If an inspector orders any FR 57466, Dec. 30, 1983] disinfection, cleaning, treatment, re- § 319.56–6 Inspection and other re- exportation, or other action with re- quirements at the port of first ar- gard to imported fruits or vegetables, rival. the inspector shall file an emergency (a) Inspection and treatment. All im- action notification (PPQ Form 523) ported fruits or vegetables shall be in- with the owner of the fruits or vegeta- spected, and shall be subject to such bles or an agent of the owner. The disinfection at the port of first arrival owner must, within the time specified as may be required by an inspector, in the PPQ Form 523, destroy the fruits and shall be subject to reinspection at and vegetables, ship them to a point other locations at the option of an in- outside the United States, move them spector. If an inspector finds a plant to an authorized site, and/or apply pest or evidence of a plant pest on or in treatments or other safeguards to the any fruit or vegetable or its container, fruits and vegetables as prescribed by or finds that the fruit or vegetable may an inspector to prevent the introduc- have been associated with other arti- tion of plant pests into the United cles infested with plant pests, the States. owner or agent of the owner of the (f) Costs and charges. The Animal and fruit or vegetable shall clean or treat Plant Health Inspection Service the fruit or vegetable and its container (APHIS), U.S. Department of Agri- as required by an inspector, and the culture will be responsible only for the fruit or vegetable shall also be subject costs of providing the services of an in- to reinspection, cleaning, and treat- spector during regularly assigned hours ment at the option of an inspector at of duty and at the usual places of 1 any time and place before all applica- duty. The owner of imported fruits or ble requirements of this subpart have vegetables is responsible for all addi- been accomplished. tional costs of inspection, treatment, (b) Assembly for inspection. The owner movement, storage, or destruction or- or agent of the owner shall assemble dered by an inspector under this sub- imported fruits and vegetables for in- part, including any labor, chemicals, spection at the port of first arrival, or packing materials, or other supplies re- at any other place prescribed by an in- quired. APHIS will not be responsible spector, at a place and time and in a for any costs or charges, other than manner designated by an inspector. those identified in this section. (c) Refusal of entry. If an inspector [60 FR 62320, Dec. 6, 1995] finds that an imported fruit or vege- table is prohibited or is so infested § 319.56–7 Inspection of baggage and with a plant pest that, in the judgment cargo on the dock. of the inspector, it cannot be cleaned Inspectors of the U.S. Department of or treated, or contains soil or other Agriculture are authorized to cooper- prohibited contaminants, the entire lot ate with the customs inspectors in the may be refused entry into the United examination of all baggage or other States. personal belongings of passengers or (d) Release for movement. No person members of crews of vessels or other shall move from the port of first ar- carriers whenever such examination is rival any imported fruit or vegetable deemed necessary for the purpose of en- unless and until an inspector notifies forcing the provisions of § 319.56 with the person (in person, in writing, by respect to the entry of any prohibited telephone, or through electronic or restricted fruits or vegetables or means) that the fruit or vegetable: (1) Has been released; or 1 Provisions relating to costs for other (2) Requires reinspection, cleaning, services of an inspector are contained in 7 or treatment of the fruit or vegetable CFR part 354.
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plants or portions of plants which may Quarantine, Animal and Plant Health be contained in the baggage or other Inspection Service, U.S. Department of belongings of such persons. Agriculture, or any other officer or em- ployee of said Service to whom author- § 319.56–8 Territorial applicability. ity to act in his/her stead has been or The regulations in this subpart shall may hereafter be delegated. apply with respect to importations into Disease. The term, in addition to its the continental United States, Guam, common meaning, includes a disease Hawaii, Puerto Rico, and the Virgin Is- agent which incites a disease. lands of the United States. Foreign strains of flag smut. Plant dis- eases caused by foreign strains of high- Subpart—Wheat Diseases ly infective fungi, Urocystis agropyri § 319.59 Prohibitions on importation; (Preuss) Schroet., which attack wheat disposal of articles refused importa- and substantially reduce its yield, and tion. which are new to or not widely preva- (a) To prevent the introduction into lent or distributed within and through- the United States of foreign strains of out the United States. flag smut and Karnal bunt, the impor- From. An article is considered to be tation of the articles designated in ‘‘from’’ any country or locality in § 319.59–2(a) and (b) may not be im- which it was grown. ported into the United States except as Inspector. Any employee of Plant Pro- provided in § 319.59–2(c). tection and Quarantine, Animal and (b) Any article refused importation Plant Health Inspection Service, U.S. in accordance with the requirements of Department of Agriculture, or other this subpart shall be promptly removed person, authorized by the Deputy Ad- from the United States or destroyed as ministrator in accordance with law to deemed necessary by an inspector at enforce the provisions of the regula- the expense of the importer, and pend- tions in this subpart. ing such action shall be subject to the immediate application of such safe- Karnal bunt. A plant disease caused guards against escape of injurious by the fungus Tilletia indica (Mitra) plant diseases (including foreign Mundkur. strains of flag smut) and Karnal bunt, Person. An individual, corporation, injurious insect pests and other plant company, society, or association. pests as an inspector determines nec- Plant Protection and Quarantine. The essary to prevent the introduction into organizational unit within the Animal the United States of such diseases or and Plant Health Inspection Service, pests. If the article is not promptly U.S. Department of Agriculture, dele- safeguarded, removed from the United gated responsibility for enforcing pro- States, or destroyed as deemed nec- visions of the Plant Protection Act and essary by an inspector at the expense related legislation, quarantines, and of the importer, it may be seized, de- regulations. stroyed, or otherwise disposed of in ac- Prohibited article. Any class of seed, cordance with section 414 of the Plant plant, or other plant product specified Protection Act (7 U.S.C. 7714). as prohibited articles in § 319.59–2(a) or [46 FR 54320, Nov. 2, 1981, as amended at 48 (b). FR 46735 Oct. 14, 1983; 63 FR 31101, June 8, Secretary. The Secretary of Agri- 1998; 66 FR 21056, Apr. 27, 2001] culture, or any other officer or em- § 319.59–1 Definitions. ployee of the Department of Agri- culture to whom authority to act in Terms used in the singular form in his/her stead has been or may hereafter this subpart shall be construed as the plural, and vice versa, as the case may be delegated. demand. The following terms, when Spp. (species). All species, clones, used in this subpart, shall be con- cultivars, strains, varieties, and hy- strued, respectively, to mean: brids, of a genus. Deputy Administrator. The Deputy Ad- United States. The States, District of ministrator of Plant Protection and Columbia, American Samoa, Northern
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Mariana Islands, Puerto Rico, and the (2) Afghanistan, India, Iraq, Mexico Virgin Islands of the United States. (except for that portion of the Mexicali Valley described in paragraph (b)(3) of [46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735, Oct. 14, 1983; 63 FR 50752, Sept. 23, this section) and Pakistan. 1998; 66 FR 21057, Apr. 27, 2001] (3) The following area of the Mexicali Valley in Mexico has been determined § 319.59–2 Prohibited articles. to be free from Karnal bunt: Those por- (a) The articles listed in paragraph tions of the municipality of Mexicali, (a)(1) of this section from the countries in the State of Baja California, and the and localities listed in paragraph (a)(2) municipality of San Luis Rio Colorado, of this section are prohibited articles in the State of Sonora, that are in- because of foreign strains of flag smut cluded in the Distrito de Desarrollo and are prohibited from being imported Rural (Rural Development District) 002 or offered for entry into the United Rio Colorado. Except for wheat States except as provided in paragraph (Triticum spp.) plants, which are prohib- (c) of this section. ited importation under § 319.37–2(a) (see (1)(i) Seeds, plants, and straw (other Poaceae) of this part, any articles de- than straw, with or without heads and scribed in paragraph (b)(1) of this sec- which have been processed or manufac- tion that are from that designated area tured for use indoors, such as for deco- may be imported into the United rative purposes or for use as toys), States subject to the following condi- chaff, and products of the milling proc- tions: ess (i.e., bran, shorts, thistle sharps, (i) The articles are offered for entry and pollards) other than flour of at the port of Calexico, CA; and Triticum spp. (wheat) or of Aegilops spp. (ii) The articles offered for entry are (barb goatgrass, goatgrass). made available for examination by an (ii) Seeds of melilotus indica (annual inspector and remain at the port until yellow sweetclover) and seeds of any released, or authorized further move- other field crops that have been sepa- ment pending release, by an inspector; rated from wheat during the screening and process. (iii) The articles are accompanied by (2) Afghanistan, Algeria, Armenia, a phytosanitary certificate issued by Australia, Azerbaijan, Bangladesh, the Mexican national plant protection Belarus, Bulgaria, Chile, China, Cy- organization that certifies that the ar- prus, Egypt, Estonia, Falkland Islands, ticles are from the area of the Mexicali Georgia, Greece, Guatemala, Hungary, Valley described in this paragraph and India, Iran, Iraq, Israel, Italy, Japan, remained within that area prior to and Kazakstan, Kyrgyzstan, Latvia, Libya, during their movement to the United Lithuania, Moldova, Morocco, Nepal, States. North Korea, Oman, Pakistan, Por- (c) Any article listed as a prohibited tugal, Romania, Russia, Spain, article in paragraph (a) or (b) of this Tajikistan, Tanzania, Tunisia, Turkey, section may be imported or offered for Turkmenistan, South Africa, South entry into the United States if: Korea, Ukraine, Uzbekistan, and Ven- (1) Imported by the U.S. Department ezuela. of Agriculture for experimental or sci- (b) The articles listed in paragraph entific purposes; (b)(1) of this section from the countries (2) Imported at the Plant Germplasm and locations listed in paragraph (b)(2) Quarantine Center, Building 320, Belts- of this section are prohibited articles ville Agricultural Center East, Belts- because of Karnal bunt: ville, MD 20705 or at any port of entry (1) Seeds, plants, straw (other than with an asterisk listed in § 319.37–14(b) straw without heads and which have of this part. been processed or manufactured into (3) Imported pursuant to a Depart- articles such as decorative wall hang- mental permit issued for such article ings, clothing or toys), chaff, and prod- and kept on file at the Plant ucts of the milling process (i.e., bran, Germplasm Quarantine Center; shorts, thistle sharps, and pollards) (4) Imported under conditions speci- other than flour of Triticum spp. fied on the Departmental permit and (wheat). found by the Deputy Administrator to
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be adequate to prevent the introduc- pared, manufactured, or processed that tion into the United States of tree, in the judgment of the inspector no plant, or fruit diseases (including for- pest risk is involved in their entry. eign strains of flag smut), injurious in- (b) The following plants and plant sects, and other plant pests, i.e., condi- products when used as packing mate- tions of treatment, processing, grow- rials will be permitted entry into the ing, shipment, disposal; and United States from the countries and (5) Imported with a Departmental tag localities designated below only in ac- or label securely attached to the out- cordance with the regulations supple- side of the container containing the ar- mental to this quarantine: ticle or securely attached to the article (1) Cereal straw, hulls, and chaff itself if not in a container, and with (such as oats, barley, and rye) from all such tag or label bearing a Depart- countries, except rice straw, hulls, and mental permit number corresponding chaff, which are prohibited importation to the number of the Departmental from all countries by paragraph (a)(1) permit issued for such article. of this section, and except wheat straw, [46 FR 54320, Nov. 2, 1981, as amended at 48 hulls, and chaff, which are restricted FR 46735 Oct. 14, 1983; 49 FR 24877, June 18, importation by § 319.59 of this part from 1984; 63 FR 31101, June 8, 1998] any country or locality listed in § 319.59–2 of this part. Subpart—Packing Materials (2) Corn and allied plants (maize, sor- ghum, broomcorn, Sudan grass, napier QUARANTINE grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne); all parts, § 319.69 Notice of quarantine. from Mexico and the countries of Cen- (a) The following plants and plant tral America, the West Indies, and products, when used as packing mate- South America. rials, are prohibited entry into the (3) Grasses and hay and similar in- United States from the countries and definite dried or cured masses of localities named: grasses, weeds, and herbaceous plants; (1) Rice straw, hulls, and chaff; from from all countries. all countries. (4) Soil containing an appreciable ad- (2) Corn and allied plants (maize, sor- mixture of vegetable matter, from all ghum, broomcorn, Sudan grass, napier countries, which is authorized as safe grass, jobs-tears, teosinte, Polytoca, for packing by the rules and regula- Sclerachne, Chionachne); all parts, tions promulgated supplemental to this from all countries except Mexico, and quarantine. the countries of Central America, the (c) However, whenever the Deputy West Indies, and South America. Administrator of the Plant Protection (3) Cotton and cotton products (lint, and Quarantine Programs shall find waste, seed cotton, cottonseed, and that existing conditions as to pest risk cottonseed hulls); from all countries. involved in the movement of the arti- (4) Sugarcane; all parts of the plant cles to which the regulations supple- including bagasse, from all countries. mental hereto apply, make it safe to (5) Bamboo; leaves and small shoots, modify by making less stringent, the from all countries. restrictions contained in any of such (6) Leaves of plants; from all coun- regulations, he shall publish such find- tries. ings in administrative instructions, (7) Forest litter; from all countries. specifying the manner in which the (8) Soil containing an appreciable ad- regulations shall be made less strin- mixture of vegetable matter, from all gent, whereupon such modification countries, except such types of soil or shall become effective; or he may, earth as are authorized as safe for when the public interests will permit, packing by the rules and regulations with respect to the importation of such promulgated supplemental to this articles into Guam, upon request in quarantine. specific cases, authorize such importa- Exceptions to the above prohibitions tion under conditions, specified in the may be authorized in the case of spe- permit to carry out the purposes of cific materials which have been so pre- this subpart, that are less stringent
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than those contained in the regula- moisture retention, protection, or for tions. any other purpose; and the word ‘‘pack- (d) This quarantine shall leave in full ing’’, as used in the expression ‘‘pack- force and effect all other quarantines ing materials’’, shall include the pres- and orders. ence of such materials within, in con- (e) As used in this subpart, unless the tact with, or accompanying such com- context otherwise requires, the term modity or shipment. 1 United States means the States, the Dis- (b) Soil containing vegetable matter. trict of Columbia, Guam, Puerto Rico, Soil containing an appreciable admix- and the Virgin Islands of the United ture of vegetable matter, here brought States. under quarantine only because its con- [24 FR 10788, Dec. 29, 1959, as amended at 26 tent of decaying vegetation or plant re- FR 9333, Oct. 4, 1961; 36 FR 24917, Dec. 24, 1971; mains carries a definite pest risk, is to 60 FR 27682, May 25, 1995; 63 FR 31102, June 8, be distinguished from soil of purely 1998] mineral or earthy composition, which is not covered by this quarantine. § 319.69a Administrative instructions (c) Inspector. An inspector of the U.S. and interpretation relating to the entry into Guam of plant materials Department of Agriculture. specified in § 319.69. § 319.69–2 Freedom from pests. (a) Plants and products designated in § 319.69(a)(1), (3), (4), and (5) and (b)(1) All packing materials allowed entry and (3) as prohibited or restricted entry under restriction shall be free from in- into the United States from the coun- jurious insects and plant diseases. tries and localities named may be im- ported into Guam as packing materials § 319.69–3 Entry inspection. without prohibition or restriction All packing materials shall be sub- under this subpart. Inspection of such ject to inspection at time of entry. importations may be made under the general authority of § 330.105(a) of this § 319.69–4 Disposition of materials chapter. If an importation is found in- found in violation. fected, infested, or contaminated with If the inspector shall find packing any plant pest and is not subject to dis- materials associated with or accom- posal under this part, disposition may panying any commodity or shipment be made in accordance with § 330.106 of being imported, or to have been im- this chapter. ported, in violation of § 319.69 or of the (b) Corn and allied plants listed in regulations in this subpart or shall find § 319.69(a)(2) may be imported into them infested or infected with inju- Guam subject to the requirements of rious insects or plant diseases, he may §§ 319.69–2, 319.69–3, and 319.69–4. refuse entry to the shipment, or he (c) Under § 319.69(a) (6) and (7), coco- may seize and destroy or otherwise dis- nut fronds and other parts of the coco- pose of such packing material, or he nut trees are prohibited entry into may require it to be replaced, or steri- Guam as packing materials except as lized, or otherwise treated. permitted in § 319.37–9. [24 FR 10788, Dec. 29, 1959, as amended at 60 § 319.69–5 Types of soil authorized for FR 27682, May 25, 1995; 62 FR 65009, Dec. 10, packing. 1997] The following types of soil or earth are authorized as safe for packing: (a) RULES AND REGULATIONS Peat, (b) peat moss, and (c) Osmunda § 319.69–1 Definitions. fiber. (a) Packing materials. The expression ‘‘packing material’’, as used in § 319.69, 1 Since it is the packing materials them- includes any of the plants or plant selves which constitute the danger and not the manner of use, it is intended that the products enumerated, when these are definition shall include their presence within associated with or accompany any or accompanying a shipment regardless of commodity or shipment to serve for their function or relation to a shipment or filling, wrapping, ties, lining, mats, the character of the shipment.
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Subpart—Coffee aging that would prevent the escape of plant pests includes, but is not limited to, sealed cartons, airtight containers, SOURCE: 63 FR 65650, Nov. 30, 1998, unless otherwise noted. or vacuum packaging. Samples of unroasted coffee received by mail but § 319.73–1 Definitions. not packaged in this manner are sub- Administrator. The Administrator of ject to inspection and safeguard by an the Animal and Plant Health Inspec- inspector. These samples must be re- tion Service, United States Depart- turned to origin or forwarded to a des- ment of Agriculture, or any employee tination outside Hawaii or Puerto Rico of the United States Department of Ag- in a time specified by an inspector and riculture delegated to act in his or her in packaging that will prevent the es- stead. cape of any plant pests. If this action is Inspector. Any individual authorized not possible, the samples must be de- by the Administrator to enforce this stroyed. subpart. (b) Cargo. Samples of unroasted cof- Sample. Unroasted coffee not for com- fee that are transiting Hawaii or Puer- mercial resale. Intended use includes, to Rico as cargo and that remain on but is not limited to, evaluation, test- the carrier may proceed to a destina- ing, or market analysis. tion outside Hawaii or Puerto Rico United States. The States, District of without action by an inspector. Sam- Columbia, Guam, Northern Mariana Is- ples may be transshipped in Puerto lands, Puerto Rico, and the Virgin Is- Rico or Hawaii only after an inspector lands of the United States. determines that they are packaged to Unroasted coffee. The raw or prevent the escape of any plant pests. unroasted seeds or beans of coffee. Samples that are not packaged in this manner must be rewrapped or packaged § 319.73–2 Products prohibited impor- tation. in a manner prescribed by an inspector to prevent the escape of plant pests be- (a) To prevent the spread of the cof- fore the transshipment will be allowed. fee berry borer Hypothenemus hampei (c) Other mail, cargo, and baggage (Ferrari) and the fungus Hemileia vastatrix (Berkely and Broome), which shipments of articles covered by causes an injurious rust disease, the § 319.73–2 arriving in Puerto Rico or Ha- following articles are prohibited impor- waii may not be unloaded or trans- tation into Hawaii and Puerto Rico, ex- shipped in Puerto Rico or Hawaii and cept as provided in § 319.73–3 of this sub- are subject to inspection and other ap- part: plicable requirements of the Plant (1) Unroasted coffee; Safeguard Regulations (part 352 of this (2) Coffee plants and leaves; and chapter). (3) Empty sacks previously used for unroasted coffee. 319.73–4 Costs. (b) Due to the risk of Mediterranean All costs of inspection, packing ma- fruit fly and other injurious insects, terials, handling, cleaning, safe- seeds of all kinds when in pulp, includ- guarding, treating, or other disposal of ing coffee berries or fruits, are prohib- products or articles under this subpart ited importation into all parts of the will be borne by the owner, importer, United States by § 319.37–2(a) of this or agent of the owner or importer, in- part, except as provided in § 319.37–2(c). cluding a broker. The services of an in- spector during regularly assigned hours § 319.73–3 Conditions for transit move- ment of certain products through of duty and at the usual places of duty Puerto Rico or Hawaii. will be furnished without cost to the importer. (a) Mail. Samples of unroasted coffee that are transiting Hawaii or Puerto Rico en route to other destinations and Subpart—Cut Flowers that are packaged to prevent the es- cape of any plant pests may proceed SOURCE: 64 FR 38110, July 15, 1999, unless without action by an inspector. Pack- otherwise noted.
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§ 319.74–1 Definitions. States, move them to an authorized Administrator. The Administrator of site, and/or apply treatments, clean, or the Animal and Plant Health Inspec- apply other safeguards to the cut flow- tion Service, United States Depart- ers as prescribed by the inspector on ment of Agriculture, or any employee the PPQ Form 523. Further, if the im- of the United States Department of Ag- porter, owner, or agent or representa- riculture delegated to act in his or her tive of the importer or owner fails to stead. follow the conditions on PPQ Form 523 Cut flower. The highly perishable by the time specified on the form, commodity known in the commercial APHIS will arrange for destruction of flower-producing industry as a cut the cut flowers, and the importer, flower, which is the severed portion of owner, or agent or representative of a plant, including the inflorescence and the importer or owner will be respon- any parts of the plant attached to it, in sible for all costs incurred. Cut flowers a fresh state. This definition does not that have been cleaned or treated must include dried, bleached, dyed, or chemi- be made available for further inspec- cally treated decorative plant mate- tion, cleaning, and treatment at the rials; filler or greenery, such as fern option of the inspector at any time and fronds and asparagus plumes, fre- place indicated by the inspector before quently packed with fresh cut flowers; the requirements of this subpart will or Christmas greenery, such as holly, have been met. Neither the Depart- mistletoe, and Christmas trees. ment of Agriculture nor the inspector Inspector. Any individual authorized may be held responsible for any ad- by the Administrator to enforce this verse effects of treatment on imported subpart. cut flowers. United States. All of the States, the (c) Fumigation for agromyzids. (1) Cut District of Columbia, Guam, the North- flowers imported from any country or ern Mariana Islands, Puerto Rico, the locality and found upon inspection to Virgin Islands of the United States, be infested with agromyzids (insects of and all other territories or possessions the family Agromyzidae) must be fumi- of the United States. gated at the time of importation with methyl bromide in accordance with § 319.74–2 Conditions governing the paragraph (c)(2) of this section, with entry of cut flowers. the following exceptions: (a) Inspection. All cut flowers im- (i) Fumigation will not be required ported into the United States must be for cut flowers imported from Canada made available to an inspector for ex- (including Labrador and Newfoundland) amination at the port of first arrival or Mexico because of the finding of and must remain at the port of first ar- agromyzids. rival until released, or authorized fur- (ii) Fumigation will not be required ther movement, by an inspector. for cut flowers of Chrysanthemum spp. (b) Actions to prevent the introduction imported from Colombia or the Domin- of plant pests; notice by an inspector. If ican Republic because of the finding of an inspector orders any disinfection, agromyzids, when such agromyzids are cleaning, treatment, reexportation, or identified by an inspector to be only other action with regard to imported agromyzids of the species Liriomyza cut flowers that are found to be in- trifolii (Burgess). fested with injurious plant pests or in- (2) Fumigation schedules. Fumigation fected with diseases, the inspector will of cut flowers for agromyzids (insects provide an emergency action notifica- of the family Agromyzidae) must con- tion (PPQ Form 523) to the importer, sist of fumigation with methyl bromide owner, or agent or representative of at normal atmospheric pressure in a the importer or owner of the cut flow- chamber or under a tarpaulin in ac- ers. The importer, owner, or agent or cordance with one of the following representative of the importer or schedules: owner must, within the time specified 11⁄2 lbs. per 1,000 cu. ft. for 2 hours at 80– in the PPQ Form 523 and at his or her 90 °F. own expense, destroy the cut flowers, (19 oz. concentration at first 1⁄2 hour) ship them to a point outside the United (12 oz. concentration at 2 hours); or
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2 lbs. per 1,000 cu. ft. for 2 hours at 70– Subpart—Khapra Beetle 79 °F. (24 oz. concentration at first 1⁄2 hour) § 319.75 Restrictions on importation of (16 oz. concentration at 2 hours); or restricted articles; disposal of arti- 21⁄2 lbs. per 1,000 cu. ft. for 2 hours at 60– cles refused importation. 69 °F. (a) The Secretary has determined (30 oz. concentration at first 1⁄2 hour) that in order to prevent the entry into (20 oz. concentration at 2 hours); or the United States of khapra beetle 3 lbs. per 1,000 cu. ft. for 2 hours at 50– (Trogoderma granarium Everts) it is nec- 59 °F. essary to restrict the importation of (36 oz. concentration at first 1⁄2 hour) certain articles from foreign countries (24 oz. concentration at 2 hours); or and localities. Accordingly, no person 31⁄2 lbs. per 1,000 cu. ft. for 2 hours at 40– shall import any restricted article un- 49 °F. less in conformity with all of the appli- (41 oz. concentration at first 1⁄2 hour) cable restrictions in this subpart. (27 oz. concentration at 2 hours) (b) Any article refused importation for noncompliance with the require- NOTE: There is a possibility that some cut flowers could be damaged by such fumiga- ments of this subpart shall be promptly tion. removed from the United States or abandoned by the importer, and pend- (d) Refusal of entry. If an inspector ing such action shall be subject to the finds that imported cut flowers are so immediate application of such safe- infested with a plant pest or infected guards against escape of plant pests as with disease that, in the judgment of the inspector, they cannot be cleaned the inspector determines necessary to or treated, or if they contain soil or prevent the introduction into the other prohibited contaminants, the en- United States of plant pests. If the ar- tire lot may be refused entry into the ticle is not promptly safeguarded, re- United States. moved from the United States, or aban- doned by the importer for destruction, § 319.74–3 Importations by the Depart- it may be seized, destroyed, or other- ment. wise disposed of in accordance with The U.S. Department of Agriculture section 414 of the Plant Protection Act may import cut flowers for experi- (7 U.S.C. 7714). mental or scientific purposes under (c) A restricted article may be im- such conditions and restrictions as the ported without complying with other Administrator may prescribe to pre- restrictions under this subpart if: vent the dissemination of plant pests. (1) Imported by the U.S. Department of Agriculture for experimental or sci- § 319.74–4 Costs and charges. entific purposes; The Animal and Plant Health Inspec- (2) Imported at the Plant Germplasm tion Service, U.S. Department of Agri- Quarantine Center, Building 320, Belts- culture, will be responsible only for the ville Agricultural Research Center costs of providing the services of an in- East, Beltsville, MD 20705, or at a port spector during regularly assigned hours of entry designated by an asterisk in of duty and at the usual places of duty § 319.37–14(b); (provisions relating to costs for other (3) Imported pursuant to a Depart- services of an inspector are contained mental permit issued for such article in 7 CFR part 354). The importer, and kept on file at the port of entry; owner, or agent or representative of (4) Imported under conditions speci- the importer or owner of cut flowers is responsible for all additional costs of fied on the Departmental permit and inspection, treatment, movement, stor- found by the Deputy Administrator to age, or destruction ordered by an in- be adequate to prevent the introduc- spector under this subpart, including tion into the United States of plant the costs of any labor, chemicals, pack- pests, i.e., conditions of treatment, ing materials, or other supplies re- processing, growing, shipment, dis- quired. posal; and
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(5) Imported with a Departmental tag ticle, which is issued by a plant protec- or label securely attached to the out- tion official of the country in which side of the container containing the ar- the restricted article was grown, which ticle or securely attached to the article is issued not more than 15 days prior to itself if not in a container, and with shipment of the restricted article from such tag or label bearing a Depart- the country in which grown, which is mental permit number corresponding addressed to the plant protection serv- to the number of the Departmental ice of the United States (Plant Protec- permit issued for such article. tion and Quarantine), which contains a [46 FR 38334, July 27, 1981, as amended at 47 description of the restricted article in- FR 3085, Jan. 22, 1982; 66 FR 21057, Apr. 27, tended to be imported into the United 2001] States, which certifies that the article has been thoroughly inspected, is be- § 319.75–1 Definitions. lieved to be free from injurious plant Terms used in the singular form in diseases, injurious insect pests, and this subpart shall be construed as the other plant pests, and is otherwise be- plural, and vice-versa, as the case may lieved to be eligible for importation demand. The following terms, when pursuant to the current phytosanitary used in this subpart, shall be con- laws and regulations of the United strued, respectively, to mean: States. Deputy Administrator. The Deputy Ad- Plant gum. Any of numerous colloidal ministrator of the Animal and Plant polysaccharide substances of plant ori- Health Inspection Service, U.S. Depart- gin that are gelatinous when moist but ment of Agriculture for Plant Protec- harden on drying. Plant gums include tion and Quarantine, or any other offi- but are not limited to acacia gum, guar cer or employee of the Department to gum, gum arabic, locust gum and whom authority to act in his/her stead tragacanth gum. has been or many hereafter be dele- Plant pest. The egg, pupal, and larval gated. stages as well as any other living stage From. An article is considered to be of any insects, mites, nematodes, slugs, ‘‘from’’ any country or locality in snails, protozoa, or other invertebrate which it originated or any country(ies) animals, bacteria, fungi, other para- or locality(ies) in which it was sitic plants or reproductive parts offloaded prior to arrival in the United thereof, viruses, or any organisms States. similar to or allied with any of the Import. (importation, imported). To foregoing, or any infectious substances, import or move into the United States. which can directly or indirectly injure Inspector. Any employee of Plant Pro- or cause disease or damage in any tection and Quarantine, Animal and plants or parts thereof, or any proc- Plant Health Inspection Service, U.S. essed, manufactured, or other products Department of Agriculture, or other of plants. person, authorized by the Deputy Ad- ministrator in accordance with law to Plant Protection and Quarantine. The enforce the provisions of the regula- organizational unit within the Animal tions in this subpart. and Plant Health Inspection Service, Nursery stock. All field-grown florist’s U.S. Department of Agriculture, dele- stock, trees, shrubs, vines, cuttings, gated responsibility for enforcing pro- grafts, scions, buds, fruit pits, and visions of the Plant Protection Act and other seeds of fruit and ornamental related legislation, quarantines, and trees or shrubs, and other plants and regulations. plant products for propagation, except Secretary. The Secretary of Agri- field, vegetable and flower seeds, bed- culture, or any other officer or em- ding plants, and other herbaceous ployee of the Department of Agri- plants, bulbs, and roots. culture to whom authority to act in Person. Any individual, corporation, his/her stead has been or may hereafter company, society, association or other be delegated. organized group. United States. The States, District of Phytosanitary certificate of inspection. Columbia, American Samoa, Guam, A document relating to a restricted ar- Northern Mariana Islands, Puerto
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Rico, and the Virgin Islands of the ing, matting, moisture retention mate- United States. rial, or protection material), and the cargo for which the used jute or burlap [46 FR 38334, July 27, 1981, as amended at 47 3 FR 3085, Jan. 22, 1982; 49 FR 1876, Jan. 16, bagging is used as a packing material; 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057, and Apr. 27, 2001] (8) Whole chilies (Capsicum spp.), whole red peppers (Capsimcum spp.), § 319.75–2 Restricted articles.1 and cumin seeds (Cuminum cyminum) in (a) The following articles from the new jute or burlap bags from Pakistan. specified localities or countries are re- (b) Afghanistan, Algeria, Bangladesh, stricted articles: Burma, Cyprus, Egypt, India, Iran, (1) Seeds of the plant family Iraq, Israel, Libya, Mali, Mauritania, Cucurbitaceae 2 if in shipments greater Morocco, Niger, Nigeria, Pakistan, than two ounces, if not for propaga- Saudi Arabia, Senegal, Sri Lanka, tion, and if from a country listed in Sudan, Syria, Tunisia, Turkey, and paragraph (b) of this section; Upper Volta. (2) Brassware and wooden screens [50 FR 8706, Mar. 5, 1985] from Bombay, India; (3) Goatskins, lambskins, and sheep- § 319.75–3 Permits. skins (excluding goatskins, lambskins, (a) A restricted article may be im- and sheepskins which are fully tanned, ported only after issuance of a written blue-chromed, pickled in mineral acid, permit by Plant Protection and Quar- or salted and moist) from Sudan or antine. India; (b) An application for a written per- (4) Plant gums shipped as bulk cargo mit should be submitted to the Animal (in an unpackaged state) if from a and Plant Health Inspection Service, country listed in paragraph (b) of this Plant Protection and Quarantine, Port section; Operations, Permit Unit, 4700 River (5) Used jute or burlap bagging not Road Unit 136, Riverdale, Maryland containing cargo if from a country list- 20737–1236, at least 60 days prior to ar- ed in paragraph (b) of this section; 3 rival of the article at the port of entry. (6) Used jute or burlap bagging from The completed application shall in- a country listed in paragraph (b) of this clude the following information: 4 section that contains cargo, and the (1) Name, address, and telephone cargo in such bagging; 3 number of the importer; (7) Used jute or burlap bagging from (2) Approximate quantity and kinds a country listed in paragraph (b) of this of articles intended to be imported; section that is used as a packing mate- (3) Country or locality of origin; rial (such as filler, wrapping, ties, lin- (4) Country(ies) or locality(ies) where it is intended to be off-loaded prior to 1 The importation of restricted articles arrival in the United States; may be subject to prohibitions or restric- (5) Intended U.S. port of entry; tions under other provisions of 7 CFR part 319. For example, fresh whole chilies (6) Means of transportation; and (Capsicum spp.) and fresh whole red peppers (7) Expected date of arrival. (Capsicum spp.) from Pakistan are prohibited (c) A permit indicating the applicable from being imported into the United States conditions for importation under this under the provisions of 7 CFR 319.56 et seq. subpart will be issued by Plant Protec- 2 Seeds of the plant family Cucurbitaceae tion and Quarantine Programs if, after include but are not limited to: Benincasa review of the application, the articles hispida (wax gourd), Citrullus Lanatus (wa- are deemed eligible to be imported into termelon) Cucumis melon (muskmelon, can- taloup, honeydew), Cumumis sativius (cu- the United States under the conditions cumber), Cucurbita pepo (pumpkin, squashes, vegetable marrow), Lagenaria 4 Application forms are available without siceraria (calabash, gourd), Luffa cylindrica charge from the Animal and Plant Health In- (dishcloth gourd), Mormoridica charantia spection Service, Plant Protection and Quar- (bitter melon), and Sechium edule (chayote). antine, Port Operations, Permit Unit, 4700 3 Such bagging may be subject to addi- River Road Unit 136, Riverdale, Maryland tional restrictions under the provisions in 7 20737–1236, or local offices which are listed in CFR 319.8 et seq. telephone directories.
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specified in the permit. However, even (a) Brassware; wooden screens; goat- if such a permit is issued, the regulated skins; lambskins; sheepskins; plant article may be imported only if all ap- gums; seeds of the plant family plicable requirements of this subpart cucurbitaceae; jute or burlap bagging are met and only if an inspector at the that contains cargo, and the cargo in port of entry determines that no reme- such bagging (except for articles speci- dial measures pursuant to section 414 fied in paragraphs (b) and (c) of this of the Plant Protection Act (7 U.S.C. section); and jute or burlap bagging 7714) are necessary with respect to the that is used as a packing material, and regulated article.5 the cargo for which the jute or burlap (d) Any permit which has been issued bagging is used as a packing material may be withdrawn by an inspector or (except for articles specified in para- the Deputy Administrator if he/she de- graphs (b) and (c) of this section). termines that the holder thereof has (1) Fumigation with methyl bromide not complied with any condition for under a tarpaulin at normal atmos- the use of the document. The reasons pheric pressure in accordance with one for the withdrawal shall be confirmed of the following schedules: in writing as promptly as cir- (i) 40 g/m3 (21⁄2a lb/1000 ft3) for 12 hrs. at cumstances permit. Any person whose 32 °C (90 °F) or above. permit has been withdrawn may appeal (20 g (oz) minimum gas concentration at 2–4 the decision in writing to the Deputy hrs.). Administrator within ten (10) days (15 g (oz) minimum gas concentration at 12 after receiving the written notification hrs.). of the withdrawal. The appeal shall state all of the facts and reasons upon (ii) 56 g/m3 (31⁄2 lb/1000 ft3) for 12 hrs. at ° ° ° ° which the person relies to show that 26.5 –31.5 C (80 –89 F). the permit was wrongfully withdrawn. (30 g (oz) minimum gas concentration at 2–4 The Deputy Administrator shall grant hrs.). or deny the appeal, in writing, stating (20 g (oz) minimum gas concentration at 12 the reasons for the decision as prompt- hrs.). ly as circumstances permit. If there is (iii) 72 g/m3 (41⁄2 lb/1000 ft3) for 12 hrs. at a conflict as to any material fact, a 21°–26 °C (70°–79 °F). hearing shall be held to resolve such conflict. (40 g (oz) minimum gas concentration at 2–4 hrs.). (Approved by the Office of Management and (25 g (oz) minimum gas concentration at 12 Budget under control number 0579–0049) hrs.). [46 FR 38334, July 27, 1981, as amended at 47 (iv) 96 g/m3 (6 lb/1000 ft3) for 12 hrs. at FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, 15.5°–20.5 °C (60°–69 °F). 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985; 59 FR 67610, Dec. 30, 1994; 66 FR 21057, (50 g (oz) minimum gas concentration at 2–4 Apr. 27, 2001] hrs.). (30 g (oz) minimum gas concentration at 12 § 319.75–4 Treatments. 6 hrs.).
A restricted article prior to move- (v) 120 g/m3 (71⁄2 lb/1000 ft3) for 12 hrs. at ment into the United States from the 10°–15 °C (50°–59 °F). port of entry shall be treated under the supervision of an inspector for possible (60 g (oz) minimum gas concentration at 2–4 hrs.). infestation with khapra beetle as set (35 g (oz) minimum gas concentration at 12 forth below: hrs.). (vi) 144 g/m3 (9 lb/1000 ft3) for 12 hrs. at 5 An inspector may hold, seize, quarantine, 4.5°–9.5 °C (40°–49 °F). treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant (70 g (oz) minimum gas concentration at 2–4 pests, or other articles in accordance with hrs.). sections 414, 421, and 434 of the Plant Protec- (40 g (oz) minimum gas concentration at 12 tion Act (7 U.S.C. 7714, 7731, and 7754). hrs.). 6 There is a possibility that some articles, especially live plants, could be damaged by (2) Fumigation with methyl bromide fumigation. in a chamber at normal atmospheric
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pressure at one of the following sched- (35 g (oz) gas concentration in space at 12–24 ules: hrs.). (i) 40 g/m3 (21⁄2 lb/1000 ft3) for 12 hrs. at (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at 32 °C (90 °F) or above. 15.5°–20.5 °C (60°–69 °F). (ii) 56 g/m3 (31⁄2 lb/1000 ft3) for 12 hrs. at 26.5°–31.5 °C (80°–89 °F). (30 g (oz) gas concentration in commodity at 4–24 hrs.). (iii) 72 g/m3 (41⁄2 lb/1000 ft3) for 12 hrs. at ° ° ° ° (95 g (oz) gas concentration in space at 4–12 21 –26 C (70 –79 F). hrs.). (iv) 96 g/m3 (6 lb/1000 ft3) for 12 hrs. at (50 g (oz) gas concentration in space at 12–24 15.5°–20.5 °C (60°–69 °F). hrs.). (v) 160 g/m3 (10 lb/1000 ft3) for 12 hrs. at (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at 10°–15 °C (50°–59 °F). 10°–15 °C (50°–59 °F). (vi) 192 g/m3 (12 lb/1000 ft3) for 12 hrs. at 4.5°–9.5 °C (40°–49 °F). (30 g (oz) gas concentration in commodity at (3) Fumigation with methyl bromide 4–28 hrs.). in a chamber at 660mm (26 inch) vacu- (95 g (oz) gas concentration in space at 4–12 um at one of the following schedules: hrs.). 3 1 3 (50 g (oz) gas concentration in space at 12–28 (i) 128 g/m (2 ⁄2 lb/1000 ft ) for 3 hrs. at hrs.). 15.5 °C (60 °F) or above. (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at 4.5°–15 °C (40°–59 °F). 4.5°–9.5 °C (40°–49 °F). (iii) 160 g/m3 (10 lb/1000 ft3) for 3 hrs. at (30 g (oz) gas concentration in commodity at ¥1°–4 °C (30°–39 °F). 4–32 hrs.). (95 g (oz) gas concentration in space at 4–12 NOTE: Maximum volume of commodity hrs.). being treated under subsection (3) shall not (50 g (oz) gas concentration in space at 12–32 exceed 75% of total volume of chamber. hrs.). (b) Burlap bagging and jute bagging (2) Fumigation with methyl bromide not containing cargo; and flour or fine- in a chamber at normal atmospheric ly ground oily meals, and the jute or pressure at one of the following sched- burlap bagging used as a container or ules: packing material for such flour or (i) 64 g/m3 (4 lb/1000 ft3) for 24 hrs. at 32 meals. °C (90 °F) or above. (1) Fumigation with methyl bromide (ii) 96 g/m3 (6 lb/1000 ft3) for 24 hrs. at under a tarpaulin at normal atmos- 26.5°–31.5 °C (80°–89 °F). pheric pressure at one of the following (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at schedules: 21°–26 °C (70°–79 °F). (i) 64 g/m3 (4 lb/1000 ft3) for 24 hrs. at 32 (iv) 192 g/m3 (12 lb/1000 ft3) for 24 hrs. at °C (90 °F) or above. 15.5°–20.5 °C (60°–69 °F). (10 g (oz) gas concentration in commodity at (v) 192 g/m3 (12 lb/1000 ft3) for 28 hrs. at 4–24 hrs.). 10°–15 °C (50°–59 °F). (35 g (oz) gas concentration in space at 4–12 (vi) 192 g/m3 (12 lb/1000 ft3) for 32 hrs. at hrs.). 4.5°–9.5 °C (40°–49 °F). (25 g (oz) gas concentration in space at 12–24 (3) Fumigation with methyl bromide hrs.). in a chamber at 660 mm (26 inch) vacu- (ii) 96 g/m3 (6 lb/1000 ft3) for 24 hrs. at um at one of the following schedules: 26.5°–31.5 °C (80°–89 °F). (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at 15.5 °C (60 °F) or above. (15 g (oz) gas concentration in commodity at (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at 4–24 hrs.). ° ° ° (50 g (oz) gas concentration in space at 4–12 4.5–15 C (40 –59 F). hrs.). NOTE: Maximum volume of commodity (30 g (oz) gas concentration in space at 12–24 being treated under subsection (3) shall not hrs.). exceed 75% of the total volume of chamber. (iii) 128 g/m3 (8 lbs/1000 ft3) for 24 hrs. at (c) Baled cotton lint, cotton linters, 21°–26 °C (70°–79 °F). cotton waste, and cotton piece goods; (20 g (oz) gas concentration in commodity at and the jute or burlap bagging used as 4–24 hrs.). a container or packing material for (65 g (oz) gas concentration in space at 4–12 such baled cotton lint, cotton linters, hrs.). cotton waste, or cotton piece goods.
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(1) Fumigation with methyl bromide by an invoice or packing list indicating under a tarpaulin or in a chamber at the contents of the shipment. normal atmospheric pressure at one of the following schedules: (Approved by the Office of Management and Budget under control number 0579–0049) (i) 128 g/m3 (8 lb/1000 ft3) for 24 hours at 15.5 °C 60 °F or above [46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48 FR 57466, Dec. 30, (25 g (oz.) concentration in commodity 1983] 4–24 hrs.) (65 g (oz.) concentration in space 4–12 § 319.75–6 Arrival notification. hrs.) Promptly upon arrival of any re- (35 g (oz.) concentration in space 12–24 stricted article at a port of entry, the hrs.) importer shall notify Plant Protection (ii) 176 g/m3 (11 lb/1000 ft3) for 24 hrs. and Quarantine of the arrival by such at 4.5°–15 °C (40°–59 °F) means as a manifest, Customs entry (30 g (oz.) concentration in commodity 4–24 hrs.) document, commercial invoice, way- (95 g (oz.) concentration in space 4–24 bill, a broker’s document, or a notice hrs.) form provided for that purpose. (50 g (oz.) concentration in space 12–24 (Approved by the Office of Management and hrs.) Budget under control number 0579–0049)
NOTE: Maximum volume of commodity [46 FR 38334, July 27, 1981, as amended at 48 being treated under subsection (1) shall not FR 57466, Dec. 30, 1983] exceed 50% of the total volume of chamber. Concentration readings may be omitted for § 319.75–7 Costs and charges. chamber fumigations. The services of the inspector during (2) Fumigation with methyl bromide regularly assigned hours of duty and at in a chamber at 660mm (26 inch) vacum the usual places of duty shall be fur- at one of the following schedules: nished without cost to the importer.3 (i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at The importer shall be responsible for 15.5 °C (60 °F) or above. arrangements for treatments required (ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at under § 319.75–4. Any treatment re- 4.5°–15 °C (40°–59 °F). quired under § 319.75–4 for a restricted article shall be performed at the port NOTE: Maximum volume of commodity of entry by a nongovernmental fumi- being treated under subsection (2) shall not exceed 75% of the total volume of chamber. gator at the importer’s expense, and shall be performed under the super- [46 FR 38334, July 27, 1981, as amended at 49 vision of an inspector. Plant Protec- FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5, 1985] tion and Quarantine will not be respon- sible for any costs or charges, other § 319.75–5 Marking and identity. than those indicated in this section. (a) Any restricted article at the time of importation shall plainly and cor- [46 FR 38334, July 27, 1981] rectly bear on the outer container (if in § 319.75–8 Ports of entry. a container) or on the restricted article (if not in a container) the following in- Any restricted article shall be im- formation: ported only at a port of entry listed in (1) General nature and quantity of § 319.37–14 of this part and found by the the contents, Deputy Administrator and specified on (2) Country or locality of origin, the permit issued pursuant to § 319.75–3 (3) Name and address of shipper, to have a nongovernmental fumigator owner, or person shipping or for- available at the port to treat such re- warding the article, stricted article pursuant to § 319.75–4. It (4) Name and address of consignee, is the responsibility of the importer to (5) Identifying shipper’s mark and number, and 3 Provisions relating to costs for other (b) Any restricted article shall be ac- services of an inspector are contained in 7 companied at the time of importation CFR part 354.
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arrange with the nongovernmental fu- Subpart—Exotic Bee Diseases and migator for treatment of the article. Parasites [46 FR 38334, July 27, 1981] SOURCE: 50 FR 24172, June 10, 1985, unless § 319.75–9 Inspection and otherwise noted. phytosanitary certificate of inspec- tion. § 319.76 Restrictions on importation of (a) Any nursery stock, plant, fruit, restricted articles; disposal of arti- cles refused importation. vegetable, root, bulb, or other plant product designated as a restricted arti- (a) No person may import any re- cle and grown in a country maintain- stricted article unless in conformity ing an official system of inspection for with all of the restrictions in this sub- the purpose of determining whether part. such article is free from injurious plant (b) Any article refused importation diseases, injurious insect pests, and for noncompliance with the require- ments of this subpart shall be promptly other plant pests shall be accompanied removed from the United States or by a phytosanitary certificate of in- abandoned by the importer, and pend- spection from the plant protection ing such action shall be subject to the service of such country at the time of immediate application of such safe- importation or offer for importation guards against escape of plant pests as into the United States. Such certifi- the inspector determines necessary to cate may cover more than one article prevent the introduction into the and more than one container kept to- United States of plant pests. If the ar- gether during shipment and offer for ticle is not promptly safeguarded, re- importation. moved from the United States, or aban- (b) Any nursery stock, plant, fruit, doned for destruction by the importer, vegetable, root, bulb, seed, or other it may be seized, destroyed, or other- plant product designated as a re- wise disposed of in accordance with stricted article which is accompanied section 414 of the Plant Protection Act by a valid phytosanitary certificate of (7 U.S.C. 7714). inspection is subject to inspection by (c) A restricted article may be im- an inspector at the time of importation ported without complying with other into the United States for the purpose provisions under this subpart if: of determining whether such article is (1) Imported by the U.S. Department free of injurious plant diseases, inju- of Agriculture for experimental or sci- rious insect pests, and other plant entific purposes; pests, and whether such article is oth- (2) Imported at the Plant Germplasm erwise eligible to be imported into the Quarantine Center, Building 320, Belts- United States. ville Agricultural Research Center (c) Any nursery stock, plant, fruit, East, Beltsville MD 20705, or at a port vegetable, root, bulb, seed, or other of entry designated by an asterisk in plant product designated as a re- § 319.37–14(b); stricted article and grown in a country (3) Imported pursuant to a depart- not maintaining an official system of mental permit issued for such article inspection for the purpose of deter- and kept on file at the port of entry; mining whether such article is free (4) Imported under conditions speci- from injurious plant diseases, or inju- fied on the departmental permit and rious insect pests, and other plant found by the Deputy Administrator to pests shall be inspected by an inspector be adequate to prevent the introduc- at the time of importation into the tion into the United States of plant United States for the purpose of deter- pests, i.e., conditions of treatment, mining whether such article is free of processing, shipment, disposal; and such diseases and pests and whether (5) Imported with a departmental tag such article is otherwise eligible to be or label securely attached to the out- side of the container or securely at- imported into the United States. tached to the article itself if not in a [50 FR 8707, Mar. 5, 1985] container, and with such tag or label
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bearing the name of the person to plants or parts thereof, or any proc- whom the permit is issued. essed, manufactured, or other products of plants. (Approved by the Office of Management and Budget under control number 0579–0072) Plant Protection and Quarantine. The organizational unit within the Animal [50 FR 24172, June 10, 1985, as amended at 59 and Plant Health Inspection Service, FR 67133, Dec. 29, 1994; 66 FR 21057, Apr. 27, 2001] U.S. Department of Agriculture, dele- gated responsibility for enforcing pro- § 319.76–1 Definitions. visions of the Plant Protection Act and Terms used in the singular form in related legislation, quarantines, and this subpart shall be construed as the regulations. plural, and vice versa, as the case may Secretary. The Secretary of Agri- demand. The following terms, when culture, or any other officer or em- used in this subpart, shall be construed ployee of the Department of Agri- respectively, to mean: culture to whom authority to act in his Bee. Any member of the superfamily or her stead has been or may hereafter Apoidea. be delegated. Deputy Administrator. The Deputy Ad- United States. The States, District of ministrator of the Animal and Plant Columbia, American Samoa, Guam, Health Inspector Service for Plant Pro- Northern Mariana Islands, Puerto tection and Quarantine, U.S. Depart- Rico, and the Virgin Islands of the ment of Agriculture, or any other offi- United States. cer or employee of the Department to [50 FR 24172, June 10, 1985, as amended at 66 whom authority to act in his or her FR 21057, Apr. 27, 2001] stead has been or may hereafter be del- egated. § 319.76–2 Restricted articles. Exotic bee diseases. Bee diseases of for- The following articles from any coun- eign origin, including but not limited try or locality other than Canada are to Aspergillus spp., Bacillus spp., Ento- restricted articles: mophthora spp., Beauveria spp., (a) Live bees, other than honeybees Cordyceps spp., and Saccharomyces spp. of the genus Apis, in any life stage;1 Exotic bee parasites. Bee parasites of (b) Dead bees of any genus; foreign origin, including but not lim- (c) Used bee boards, hives, nests, and ited to Coelioxys spp. and Chrysis spp., nesting material; Varroa jacobsoni, Euvarroa sinhai, (d) Used beekeeping equipment, e.g. Tropilaelaps clareae, and Acarapis woodi. smokers, hive tools, gloves or other Import (importation, imported). To im- clothing, and shipping containers; port or move into the United States. (e) Beeswax, unless it has been lique- Inspector. Any employee of Plant Pro- fied; tection and Quarantine, Animal and (f) Pollen for bee feed; and Plant Health Inspection Service, U.S. (g) Honey for bee feed. Department of Agriculture, or other person authorized by the Deputy Ad- [50 FR 24172, June 10, 1985, as amended at 60 ministrator in accordance with law to FR 6000, Feb. 1, 1995] enforce the provisions of this subpart. Person. Any individual, corporation, § 319.76–3 Permits. company, society, association, or any (a) A restricted article may be im- other organized group. ported only after issuance of a written Plant pest. The egg, pupal, and larval permit by Plant Protection and Quar- stages as well as any other living stage antine. of any insects, mites, nematodes, slugs, (b) An application for a written per- snails, protozoa, or other invertebrate mit must be submitted to the Animal animals, bacteria, fungi, or other para- and Plant Health Inspection Service, sitic plants or reproductive parts Plant Protection and Quarantine, Bio- thereof, viruses, or any organisms logical Assessments and Taxonomic similar to or allied with any of the foregoing, or any infectious substances, 1 Regulations regarding the importation of which can directly or indirectly injure live honeybees of the genus Apis are set forth or cause disease or damage in any in 7 CFR part 322.
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Support, 4700 River Road Unit 133, Riv- appeal in writing, stating the reasons erdale, Maryland 20737–1236, and should for the decision, as promptly as cir- be submitted at least 30 days prior to cumstances allow. If there is a conflict arrival of the article at the U.S. port of as to any material fact, a hearing shall entry. The completed application does be held to resolve the conflict. not have to be on any particular form (Approved by the Office of Management and but must indicate that it is an applica- Budget under control number 0579–0072) tion for a written permit, and include the following information: [50 FR 24172, June 10, 1985, as amended at 59 (1) Name, address, and telephone FR 67610, Dec. 30, 1994; 66 FR 21057, Apr. 27, 2001] number of the importer; (2) Approximate quantity and kinds § 319.76–4 Inspections and treatments. of articles intended to be imported; (3) Country or locality of origin; (a) Live bees, other than honeybees (4) Intended United States port of of the genus Apis, in any life stage entry; shall be microscopically inspected by (5) Means of transportation; and an inspector for exotic bee diseases and (6) Expected date of arrival. parasites, and any bee disease or para- (c) A permit indicating the applicable site found will be physically removed conditions for importation under this by an inspector or destroyed by an in- subpart will be issued by Plant Protec- spector by treatment with a pesticide tion and Quarantine Programs if, after registered by the Environmental Pro- review of the application, the articles tection Agency under the Federal In- are deemed eligible to be imported into secticide, Fungicide, and Rodenticide the United States under the conditions Act, as amended (7 U.S.C. 135 et seq.), specified in the permit. However, even for use on bees and used in accordance if such a permit is issued, the regulated with directions on the label in connec- article may be imported only if all ap- tion with the registration under the plicable requirements of this subpart provisions of the Federal Insecticide, are met and only if an inspector at the Fungicide, and Rodenticide Act, as port of entry determines that no reme- amended. The inspection may include dial measures pursuant to section 414 dissection of a statistically designed of the Plant Protection Act (7 U.S.C. representative sample of the bees, if 7714) are necessary with respect to the deemed necessary by the inspector for regulated article.2 determinations concerning the absence (d) Any permit which has been issued or presence of bee diseases or parasites. may be withdrawn by an inspector or If the inspector determines that a dis- the Deputy Administrator if he or she ease or parasite cannot be removed or determines that the permit holder has otherwise destroyed, the bees shall be not complied with any condition for killed by immersion in a solution con- the use of the permit. The reasons for taining at least 70% alcohol. the withdrawal shall be confirmed in (b) Any dead bees for research at the writing as promptly as circumstances time of importation must be in a solu- allow. Any person whose permit has tion containing at least 70% alcohol, or been withdrawn may appeal the deci- must be in a dry, sealed container. If in sion in writing to the Deputy Adminis- a dry, sealed container, the dead bees trator within 20 days after receiving shall be kept in the container under the written notification of the with- the control of an inspector at the port drawal. The appeal must state all of of entry for 7 days. the facts and reasons upon which the (c) Any restricted article not covered person relies to show that the permit by paragraph (a) or (b) of this section, was wrongfully withdrawn. The Deputy prior to movement into the United Administrator shall grant or deny the States from the port of entry, shall be treated under the supervision of an in- spector as follows: 2 An inspector may hold, seize, quarantine, (1) Dead bees; used bee boards, hives, treat, apply other remedial measures to, destory, or otherwise dispose of plants, plant nests, or nesting material; used bee- pests, or other articles in accordance with keeping equipment; and pollen for bee sections 414, 421, and 434 of the Plant Protec- feed shall be treated in an airtight tion Act (7 U.S.C. 7714, 7731, and 7754). chamber with 450 mg of ethylene oxide
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per liter of chamber space at a tem- must notify Plant Protection and perature of at least 100 °F (37.78 °C) for Quarantine of the arrival by such 8 hours. means as a manifest, customs entry (2) Beeswax that has not been lique- document, commercial invoice, way- fied shall be melted. bill, a broker’s document, or a notice (3) Honey for bee feed shall be heated form provided for that purpose. to 212 °F (100 °C) for 30 minutes. (Approved by the Office of Management and § 319.76–5 Marking and shipping. Budget under control number 0579–0049) (a) Any restricted article for impor- tation by means other than mail shall § 319.76–7 Costs and charges. at the time of importation bear on the The services of the inspector during outer container (if in a container) or on regularly assigned hours of duty and at the article (if not in a container) the the usual places of duty shall be fur- following information: nished without cost to the importer. 3 (1) General nature and quantity of The importer shall be responsible for the contents, arrangements for treatments required (2) Country or locality of origin, under § 319.76–4. Any treatment re- (3) Name and address of shipper, quired under § 319.76–4 for a restricted owner, or person shipping or for- article, other than for treatments of warding the article, live bees in any life stage or for holding (4) Name and address of consignee, dead bees in dry, sealed containers, and shall be performed at the port of entry (5) Identifying shipper’s mark and number. by a nonfederal establishment at the (b) Any restriction article for impor- importer’s expense, and shall be per- tation by mail must be addressed and formed under the direction of an in- mailed to Plant Protection and Quar- spector. Plant Protection and Quar- antine at a port of entry designated by antine will not be responsible for any an asterisk in § 319.37–14(b) of this part; costs or charges, other than those indi- must be accompanied by a separate cated in this section. sheet of paper within the package bear- ing the name, address, and telephone § 319.76–8 Ports of entry. number of the intended recipient; and (a) Any restricted article, other than must bear on the outer container the bees in any life stage, imported by following information: means other than mail may be im- (1) General nature and quantity of ported only at a port of entry listed in the contents, § 319.37–14(b) of this part. (2) Country or locality of origin, and (b) Any restricted article, other than (3) Name and address of shipper, bees in any life stage, imported by mail owner, or person shipping or for- warding the article. may be imported only at a port of (c) Any restricted article must be ac- entry designated by an asterisk in companied at the time of importation § 319.37–14(b) of this part. by an invoice or packing list indicating (c) Live bees in any life stage, other the contents of the shipment. than honeybees of the genus Apis, may (d) Live bees in any life stage, other be imported at the Bee Biology and than honeybees of the genus Apis, may Systematics Laboratory, USDA, ARS, be imported only in loose cells within 261 NRB–UMC 53, Utah State Univer- noncrushable (hard plastic, wood, or sity, Logan, Utah 84322; or at the Plant metal), insect-proof containers. Germplasm Quarantine Center, Build- (Approved by the Office of Management and ing 320, Beltsville Agricultural Re- Budget under control number 0579–0072) search Center East, Beltsville, MD 20705. § 319.76–6 Arrival notification. Promptly upon arrival of any re- 3 Provisions relating to costs for other stricted article at a port of entry, ex- services of an inspector are contained in 7 cept for mail shipments, the importer CFR part 354.
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Subpart—Gypsy Moth Host States. A phytosanitary certificate Material from Canada must be addressed to the Animal and Plant Health Inspection Service and may be issued no more than 14 days SOURCE: 64 FR 45866, Aug. 23, 1999, unless otherwise noted. prior to the shipment of the regulated article. § 319.77–1 Definitions. Recreational vehicles. Vehicles, includ- Animal and Plant Health Inspection ing pickup truck campers, one-piece Service (APHIS). The Animal and Plant motor homes, and travel trailers, de- Health Inspection Service of the U.S. signed to serve as temporary places of Department of Agriculture. dwelling. Canadian infested area. Any area of United States. All of the States of the Canada listed as a gypsy moth infested United States, the District of Colum- area in § 319.77–3 of this subpart. bia, Guam, the Northern Mariana Is- Canadian noninfested area. Any area lands, Puerto Rico, the Virgin Islands of Canada that is not listed as a gypsy of the United States, and all other ter- moth infested area in § 319.77–3 of this ritories and possessions of the United subpart. States. Certification of origin. A signed, accu- U.S. infested area. Any area of the rate statement certifying the area in United States listed as a gypsy moth which a regulated article was produced generally infested area in § 301.45–3 of or grown. The statement may be pro- this chapter. vided directly on the shipping docu- U.S. noninfested area. Any area of the ments accompanying shipments of United States that is not listed as a commercial wood products from Can- gypsy moth generally infested area in ada, or may be provided on a separate § 301.45–3 of this chapter. certificate. [64 FR 45866, Aug. 23, 1999, as amended at 65 Gypsy moth. The insect known as the FR 38175, June 20, 2000] gypsy moth, Lymantria dispar (Lin- naeus), in any stage of development. § 319.77–2 Regulated articles. Import (imported, importation). To bring or move into the territorial lim- In order to prevent the spread of its of the United States. gypsy moth from Canada into non- Mobile home. Any vehicle, other than infested areas of the United States, the a recreational vehicle, designed to gypsy moth host materials listed in serve, when parked, as a dwelling or paragraphs (a) through (g) of this sec- place of business. tion are designated as regulated arti- Outdoor household articles. Articles cles. Regulated articles may be im- associated with a household that are ported into the United States from generally kept or used outside the Canada only under the conditions de- home. Examples of outdoor household scribed in § 319.77–4 of this subpart. articles are awnings, barbeque grills, (a) Trees without roots (e.g., Christ- bicycles, boats, dog houses, firewood, mas trees), unless they were green- garden tools, hauling trailers, outdoor house-grown throughout the year; furniture and toys, recreational vehi- (b) Trees with roots, unless they were cles and their associated equipment, greenhouse-grown throughout the year; and tents. (c) Shrubs with roots and persistent Phytosanitary certificate. A document woody stems, unless they were green- issued by an official authorized by the house-grown throughout the year; national government of Canada that (d) Logs with bark attached; contains a description of the regulated (e) Pulpwood with bark attached; article intended for importation into (f) Outdoor household articles; and the United States and that certifies (g) Mobile homes and their associ- that the article has been thoroughly ated equipment. inspected or treated, is believed to be free from plant pests, and is otherwise § 319.77–3 Gypsy moth infested areas believed to be eligible for importation in Canada. pursuant to the current phytosanitary The following areas in Canada are laws and regulations of the United known to be infested with gypsy moth:
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(a) Province of British Columbia. (1) lantic Ocean; then north along the That portion of the Highlands Land Halifax/Lunenburg County border to District within 1 kilometer of the the Halifax/Hants County border; then intersection of Willis Point Road and east along the Halifax/Hants County Mark Lane; and border to route 354; then south along (2) That portion of the Highlands route 354 to route 568 (Beaverbank- Land District within 1 kilometer of the Windsor Junction Road); then east intersection of Burkin Drive and along route 568 (Beaverbank-Windsor Munns Road; and Junction Road) to route 416 (Fall River (3) That portion of Quamichaan Land Road); then east and north along route District within 1 kilometer of the 416 (Fall River Road) to route 2; then intersection of Sherman Road and south along route 2 to route 102/118; Grieve Road; and then south along route 118 to route 107; (4) That portion of Lake Land Dis- then south along route 107 to route 7; trict within 1 kilometer of the inter- then east along route 7 to route 328; section of West Burnside Road and then south along route 328 to the shore- Helmeken Road. line of Cole Harbour; then west along (b) Province of New Brunswick. (1) the seashore from Cole Harbour to the Charlotte County. That portion of Char- point of beginning. lotte County that includes the fol- (4) Hants County. The area of the lowing parishes: Campobello Island, county bounded by a line beginning at Dumbarton, Dufferin, Grand Manan Is- the intersection of the Hants/Kings land, St. Andrews, St. Croix, St. David, County border and the shoreline of the St. George, St. James, St. Patrick, and Minas Basin; then southwest along the St. Stephen. Hants/Kings County border to the (2) Kings County. That portion of Hants/Lunenburg County border; then Kings County that includes the fol- southeast along the Hants/Lunenburg lowing parishes: Greenwich, Kars, and County border to the Hants/Halifax Springfield. County border; then east along the (3) Queens County. (i) That portion of Hants/Halifax County border to route Queens County that includes the fol- 354; then north along route 354 to the lowing parishes: Canning, Cambridge, Minas Basin; then west along the Gagetown, Johnston, and Wickham; shoreline of the Minas Basin to the and point of beginning. (ii) That portion of Chipman Parish (5) Kings County. The entire county. south or west of highway 10; and (6) Lunenberg County. The entire (iii) That portion of Waterborough county. Parish west of highway 10 and south of (7) Queens County. The entire county. highway 2. (8) Shelburne County. The entire coun- (4) Sunbury County. That portion of ty. Sunbury County that includes the fol- (9) Yarmouth County. The entire coun- lowing parishes: Blissville, Burton, ty. Gladstone, Lincoln, and Sheffield. (d) Province of Ontario. (1) That por- (5) York County. (i) That portion of tion of the Province of Ontario that in- York County that includes the City of cludes the following counties and re- Fredericton and the following parishes: gional municipalities: Brant, Bruce, North Lake and McAdam; and Dufferin, Durham, Elgin, Essex, (ii) That portion of Queensbury par- Frontenac, Grey, Haldimand-Norfolk, ish south and east of the Scotch Lake Haliburton, Halton, Hamilton-Went- Road beginning in the west at Bear Is- worth, Hastings, Huron, Kent, land on the St. John River and ending Lambton, Lanark, Leeds-Granville, at the Parish border on the east. Lennox-Addington, Middlesex, (c) Province of Nova Scotia. (1) Annap- Muskoka, Niagara, Northumberland, olis County. The entire county. Ottawa-Carleton, Oxford, Parry Sound, (2) Digby County. The entire county. Peel, Perth, Peterborough, Prescott- (3) Halifax County. The area of the Russell, Prince Edward, Renfrew, county bounded by a line beginning at Simcoe, Stormont-Dundas-Glengarry, the intersection of the Halifax/ Victoria, Waterloo, Wellington, and Lunenburg County border and the At- York; and
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(2) That portion of Algoma District L’Outaouais, Les Etchemins, Les that includes the City of Sault Ste. Jardins-de-Napierville, Les Marie and the following townships: Maskoutains, Les Moulins, Lotbinie`re, Bright, Bright Additional, Cobden, Memphre´magog, Mirabel, Montcalm, Denis, Garden River First Nation, In- Montmagny, Nicolet-Yamaska, Robert- dian Reserve #7, Johnson, Korah, Laird, Cliche, Roussillon, Rouville, Lefroy, Lewis, Long, MacDonald, Sherbrooke, Therese-de Blainville, and Parke, Plummer Additional, Prince, Vaudreuil-Soulanges; and Tarbutt, Tarbutt Additional, (2) That portion of the regional coun- Tarentorus, Thessalon, Thompson, ty municipality of Antoine-Llabelle Shedden, Spragge, and Striker; and that includes the following municipali- (3) That portion of Algoma District ties: Notre-Dame-du-Laus, Notre- south of Highway 17 and east of the Dame-de-Pontmain, and Saint-Aime´- City of Sault Ste. Marie; and du-Lac-des-Iles; and (4) That portion of Manitoulin Dis- (3) That portion of the regional coun- trict that includes: Cockburn Island, ty municipality of Argenteuil that in- Great Cloche Island, Manitoulin Island, cludes the following municipalities: St. Joseph Island, and all Indian Re- Brownsburg, Calumet, Carillon, Chat- serves; and ham, Grenville, Lachute, Saint-Andre´- (5) That portion of Nipissing District d’Argenteuil, and Saint-Andre´-Est; and that includes the City of North Bay; (4) That portion of the regional coun- and ty municipality of Communaute´ (6) That portion of Nipissing District Urbaine De Que´bec that includes the south of the Ottawa and Mattawa riv- following municipalities: Cap-Rouge, ers; and L’Ancienne-Lorette, Que´bec, Saint- (7) That portion of Nipissing District Augustin-de-Desmaures, Sainte-Foy, south of highway 17 and west of the Sillery, and Vanier; and City of North Bay; and (5) That portion of the regional coun- (8) That portion of Sudbury District ty municipality of La Valle´e-de-la- that includes the City of Sudbury and Gatineau that includes the following the townships of Baldwin, Dryden, municipalities: Denholm, Gracefield, Dunlop, Graham, Hallam, Hymen, In- Kazabazua, Lac-Sainte-Marie, Low, dian Reserves #4, #5, and #6, Lorne, Northfield, and Wright; and Louise; May, McKim, Nairn, Neelon, (6) That portion of the regional coun- Porter, Salter, Shakespeare, Victoria, ty municipality of Le Centre-de-la- and Waters; and Mauricie that includes the following (9) That portion of the Sudbury Dis- municipalities: Charette, Notre-Dame- trict south of Highway 17. du-Mont-Carmel, Sainte-Elie, (e) Province of Quebec. (1) That por- Shawinigan, and Shawinigan (Sud); and tion of the Province of Quebec that in- (7) That portion of the regional coun- cludes the following regional county ty municipality of Les Laurentides municipalities: Acton, Arthabaska, As- that includes the following munici- bestos, Beauce-Sartigan, Beauharnois- pality: La Conception; and Salaberry, Be´cancour, Bellechasse, (8) That portion of the regional coun- Brome-Missisquoi, Champlain, ty municipality of Les Pays-d’en-Haut Coaticook, Communaute´ Urbaine de that includes the following munici- Montre´al, Communaute´ Urbaine de pality: Mont-Rolland; and L’Outaouais, D’Autray, Desjardins, (9) That portion of the regional coun- Deux-Montagnes, Drummond, ty municipality of Maskinonge´ that in- Francheville, Joliette, L’Amiante, cludes the following municipalities: L’Assomption, L’E´ rable, L’ıˆle- Louiseville, Maskinonge´, Saint-Joseph- d’Orle´ans, Lajemmerais, Laval, La de-Maskinonge´, Saint-Barnabe´, Saint- Nouvelle-Beauce, La Rivie`re-du-Nord, Se´ve`re, Saint-Le´on-le-Grand, Saint- La Valle´e-du-Richelieu, Le Bas- Paulin, Sainte-Ursule, Saint-Justin, Richelieu, Le Granit, Le Haut- Saint-e´douard-de-Maskinonge´, Sainte- Richelieu, Le Haut-Saint-Francois, Le Ange`le-de-Pre´mont, and Yamachiche; Haut-Saint-Laurent, Le Haute- and Yamaska, Le Val-Saint-Francois, Les (10) That portion of the regional Chutes-de-la-Chaudire, Les Collines-de- county municipality of Matawinie that
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includes the following municipalities: moved through any U.S. noninfested Saint-Fe´lix-de-Valois, Saint-Jean-de- areas other than noninfested areas in Matha, Rawdon, and Chertsey; and the counties of Aroostock, Franklin, (11) That portion of the regional Oxford, Piscataquis, Penobscot, and county municipality of Papineau that Somerset, ME (i.e., areas in those coun- includes the following municipalities: ties that are not listed in 7 CFR 301.45– Fassett, Lochaber, Lochaber-Partie- 3). Ouest, Mayo, Montebello, Montpellier, (2) Trees without roots (e.g., Christ- Mulgrave-et-Derry, Notre-Dame-de- mas trees), trees with roots, and shrubs Bon-Secours-Partie-Nord, with roots and persistent woody stems Papineauville, Plaisance, Ripon (Vil- that are destined for a U.S. noninfested lage et Canton), Saint-Andre´-Avellin area or will be moved through a U.S. (Village et Paroise), Sainte-Ange´lique, noninfested area may be imported into Saint-Sixte, and Thurso; and the United States from Canada only (12) That portion of the regional under the following conditions: county municipality of Pontiac that (i) If the trees or shrubs originated in includes the following municipalities: a Canadian infested area, they must be Bristol, Shawville, Clarendon, Portage- accompanied by an officially endorsed du-Fort, Bryson, Campbell’s Bay, Canadian phytosanitary certificate Grand-Calumet, Litchfield, Thorne, that includes an additional declaration Alleyn-et-Cawood, Leslie-Clapham-et- confirming that the trees or shrubs Huddersfield, Fort-Coulonge, Mans- have been inspected and found free of field-et-Pontefract, Waltham-et- gypsy moth or that the trees or shrubs Bryson, L’Isle-aux-Allumettes-Partie- have been treated for gypsy moth in Est, Chapeau, L’Isle-aux-Allumettes, accordance with the PlantProtection Chichester, Sheen-Esher-Aberdeen-et- and Quarantine Treatment Manual, Malakoff, and Rapides-des-Joachims; which is incorporated by reference at and § 300.1 of this chapter. (13) That portion of the regional (ii) If the trees or shrubs originated county municipality of Portneuf that in a Canadian noninfested area, they includes the following municipalities: must be accompanied by a certification Cap-Sante´, Deschambault, Donnacona, of origin stating that they were pro- Grondines, Neuville, and Pointe-aux- duced in an area of Canada where Trembles. gypsy moth is not known to occur. (b) Logs and pulpwood with bark at- [65 FR 38175, June 20, 2000] tached.2 (1) Logs or pulpwood with bark § 319.77–4 Conditions for the importa- attached that are destined for a U.S. tion of regulated articles. infested area and that will not be moved through any U.S. noninfested (a) Trees and shrubs.1 (1) Trees with- area other than noninfested areas in out roots (e.g., Christmas trees), trees with roots, and shrubs with roots and the counties of Aroostock, Franklin, persistent woody stems may be im- Oxford, Piscataquis, Penobscot, and ported into the United States from any Somerset, ME (i.e., areas in those coun- area of Canada without restriction ties that are not listed in 7 CFR 301.45– under this subpart if they: 3) may be imported from any area of (i) Were greenhouse-grown through- Canada without restriction under this out the year; subpart. (ii) Are destined for a U.S. infested (2) Logs or pulpwood with bark at- area and will not be moved through tached that are destined for a U.S. non- any U.S. noninfested areas; or infested area or will be moved through (iii) Are Christmas trees destined for a U.S. noninfested area may be im- a U.S. infested area and will not be ported into the United States from Canada only under the following condi- tions: 1 Trees and shrubs from Canada that are capable of propagation may be subject to ad- ditional restrictions under ‘‘Subpart—Nurs- 2 Logs from Canada are also subject to re- ery Stock, Plants, Roots, Seeds, and Other strictions under ‘‘Subpart—Logs, Lumber, Plant Products’’ (§§ 319.37 through 319.37–14 of and Other Unmanufactured Wood Articles’’ this part). (§§ 319.40 through 319.40–11 of this part).
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(i) If the logs or pulpwood originated § 319.77–5 Disposition of regulated ar- in a Canadian infested area, they must ticles denied entry. be either: Any regulated article that is denied (A) Accompanied by an officially en- entry into the United States because it dorsed Canadian phytosanitary certifi- does not meet the requirements of this cate that includes an additional dec- subpart must be promptly safeguarded laration confirming that they have or removed from the United States. If been inspected and found free of gypsy the article is not promptly safeguarded moth or that they have been treated or removed from the United States, it for gypsy moth in accordance with the may be seized, destroyed, or otherwise Plant Protection and Quarantine disposed of in accordance with section TreatmentManual, which is incor- 414 of the Plant Protection Act (7 porated by reference at § 300.1 of this U.S.C. 7714). chapter; or [64 FR 45866, Aug. 23, 1999, as amended at 66 (B) Destined for a specified U.S. proc- FR 21057, Apr. 27, 2001] essing plant or mill under compliance agreement with the Animal and Plant Health Inspection Service for specified PART 322—HONEYBEES AND handling or processing. HONEYBEE SEMEN (ii) If the logs or pulpwood originated in a Canadian noninfested area, they Sec. 322.1 Importation of honeybees and hon- must be accompanied by a certification eybee semen. of origin stating that they were pro- 322.2 Definitions. duced in an area of Canada where 322.3 Permits. gypsy moth is not known to occur. 322.4 Inspections. (c) Outdoor household articles and mo- 322.5 Marking and shipping. bile homes and their associated equip- 322.6 Arrival notification. ment. (1) Outdoor household articles 322.7 Costs and charges. and mobile homes and their associated 322.8 Ports of entry. equipment that are destined for a U.S. AUTHORITY: 7 U.S.C. 281; 7 CFR 2.22, 2.80, infested area and will not be moved and 371.3. through any U.S. noninfested areas SOURCE: 50 FR 25689, June 21, 1985, unless may be imported from any area in Can- otherwise noted. ada without restriction under this sub- part. § 322.1 Importation of honeybees and (2) Outdoor household articles and honeybee semen. mobile homes and their associated (a) No persons may import honeybees equipment that are being moved from a or honeybee semen, except as otherwise Canadian noninfested area may be im- provided in this part. ported into any area of the United (b) Honeybees or honeybee semen States without restriction under this from Canada may be imported into the subpart. United States without any further re- (3) Outdoor household articles and strictions under this part. mobile homes and their associated (c) Honeybee semen from any coun- equipment that are being moved from a try listed below is designated as a re- Canadian infested area into a U.S. non- stricted article and may be imported infested area, or that will be moved only in accordance with the provisions through a U.S. noninfested area, may in this part. be imported into the United States only if they are accompanied by a Australia Bermuda statement, signed by their owner, stat- France ing that they have been inspected and Great Britain found free of gypsy moth. Sweden (Approved by the Office of Management and (d) Honeybees from any country or Budget under control number 0579–0142) locality other than Canada, may be im- [64 FR 45866, Aug. 23, 1999, as amended at 65 ported without complying with other FR 38176, June 20, 2000] provisions of this part if:
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