Animal and Plant Health Inspection Service, USDA § 319.56–28 (Cucumis melo L. subsp. melo) and wa- tion of Japan or the Republic of Korea. termelon may be imported into the The apples shall be subject to further United States from Peru only in ac- disinfection in the exporting country if cordance with this paragraph and all plant pests are found prior to export. other applicable requirements of this Imported apples inspected in Japan or subpart: the Republic of Korea are also subject (1) The fruit may be imported in com- to inspection and disinfection at the mercial consignments only. port of first arrival, as provided in (2) The fruit must have been grown in § 319.56–3. an area of Peru considered by APHIS (c) Trust fund agreements. The na- to be free of the South American tional plant protection organization of cucurbit fly, must be accompanied by a the exporting country must enter into phytosanitary certificate declaring its a trust fund agreement with APHIS in origin in such an area, and must be accordance with § 319.56–6 before APHIS safeguarded and labeled, each in ac- will provide the services necessary for cordance with § 319.56–5 of this subpart. apples to be imported into the United (3) The phytosanitary certificate re- States from Japan or the Republic of quired under § 319.56–5 must also in- Korea. clude a declaration by the NPPO of Peru indicating that, upon inspection, [72 FR 39501, July 18, 2007, as amended at 75 the fruit was found free of the gray FR 65214, Oct. 22, 2010] pineapple mealybug (Dysmicoccus § 319.56–28 Tomatoes from certain neobrevipes). countries. (4) All consignments of fruit must be labeled in accordance with § 319.56(5(e) (a) Tomatoes (fruit) (Solanum of this subpart, and the boxes in which lycopersicum) from Spain. Pink or red the fruit is packed must be labeled tomatoes may be imported into the ‘‘Not for distribution in HI, PR, VI, or United States from Spain only in ac- Guam.’’ cordance with this section and all other applicable provisions of this sub- (Approved by the Office of Management and part. 5 Budget under control number 0579–0236) (1) The tomatoes must be grown in the Almeria Province, the Murcia § 319.56–27 Apples from Japan and the Province, or the municipalities of Republic of Korea. Albun˜ ol and Carchuna in the Granada Any variety of Malus domestica apples Province of Spain in greenhouses reg- may be imported into the United istered with, and inspected by, the States from Japan, and Fuji variety Spanish Ministry of Agriculture, Fish- apples may be imported into the eries, and Food (MAFF); United States from the Republic of (2) The tomatoes may be shipped only Korea, only in accordance with this from December 1 through April 30, in- section and all other applicable provi- clusive; sions of this subpart. (3) Two months prior to shipping, and (a) Treatment and fumigation. The ap- continuing through April 30, MAFF ples must be cold treated and then fu- must set and maintain Mediterranean migated, under the supervision of an fruit fly (Medfly) traps baited with APHIS inspector, either in Japan or trimedlure inside the greenhouses at a the Republic of Korea, for the peach rate of four traps per hectare. In all fruit moth (Carposina niponensis), the areas outside the greenhouses and yellow peach moth (Conogethes within 8 kilometers, including urban punctiferalis), and the fruit tree spider and residential areas, MAFF must mite (Tetranychus viennensis), in ac- place Medfly traps at a rate of four cordance with part 305 of this chapter. (b) APHIS inspection. The apples must be inspected upon completion of the 5 The surface area of a pink tomato is more treatments required by paragraph (a) than 30 percent but not more than 60 percent pink and/or red. The surface area of a red to- of this section, prior to export from mato is more than 60 percent pink and/or Japan or the Republic of Korea, by an red. Green tomatoes from Spain, France, Mo- APHIS inspector and an inspector from rocco, and Western Sahara may be imported the national plant protection organiza- in accordance with §§ 319.56–3 and 319.56–4. 325 VerDate Mar<15>2010 09:33 Feb 15, 2013 Jkt 229016 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\229016.XXX 229016 rmajette on DSK2TPTVN1PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–13 Edition) traps per square kilometer. All traps cordance with this section and other must be checked every 7 days; applicable provisions of this subpart. 6 (4) Capture of a single Medfly in a (1) The tomatoes must be grown in registered greenhouse will immediately the Brittany Region of France in result in cancellation of exports from greenhouses registered with, and in- that greenhouse until the source of in- spected by, the Service de la Protec- festation is determined, the Medfly in- tion Vegetaux (SRPV); festation is eradicated, and measures (2) From June 1 through September are taken to preclude any future infes- 30, SRPV must set and maintain one tation. Capture of a single Medfly with- Medfly trap baited with trimedlure in- in 2 kilometers of a registered green- side and one outside each greenhouse house will necessitate increasing trap and must check the traps every 7 days; density in order to determine whether (3) Capture of a single Medfly inside there is a reproducing population in or outside a registered greenhouse will the area. Capture of two Medflies with- immediately result in cancellation of in 2 kilometers of a registered green- exports from that greenhouse until the house and within a 1-month time pe- source of the infestation is determined, riod will result in cancellation of ex- the Medfly infestation is eradicated, ports from all registered greenhouses and measures are taken to preclude within 2 kilometers of the find until any future infestation; the source of infestation is determined (4) SRPV must maintain records of and the Medfly infestation is eradi- trap placement, checking of traps, and cated; any Medfly captures, and must make (5) MAFF must maintain records of them available to APHIS upon request; trap placement, checking of traps, and any Medfly captures, and must make (5) From June 1 through September the records available to APHIS upon 30, the tomatoes must be packed within request; 24 hours of harvest. They must be safe- guarded by insect-proof mesh screen or (6) The tomatoes must be packed plastic tarpaulin while in transit to the within 24 hours of harvest. They must packinghouse and while awaiting pack- be safeguarded from harvest to export ing. They must be packed in insect- by insect-proof mesh screens or plastic tarpaulins, including while in transit proof cartons or containers, or covered to the packinghouse and while await- by insect-proof mesh screen or plastic ing packaging. They must be packed in tarpaulin. These safeguards must be in- insect-proof cartons or containers, or tact upon arrival in the United States; covered by insect-proof mesh or plastic and tarpaulins for transit to the airport (6) SRPV is responsible for export and subsequent export to the United certification inspection and issuance of States. These safeguards must be in- phytosanitary certificates. Each con- tact upon arrival in the United States; signment of tomatoes must be accom- and panied by a phytosanitary certificate (7) MAFF is responsible for export issued by SRPV and bearing the dec- certification inspection and issuance of laration, ‘‘These tomatoes were grown phytosanitary certificates. Each con- in registered greenhouses in the Brit- signment of tomatoes must be accom- tany Region of France.’’ panied by a phytosanitary certificate (c) Tomatoes (fruit) (Solanum issued by MAFF and bearing the dec- lycopersicum) from the provinces of El laration, ‘‘These tomatoes were grown Jadida or Safi in Morocco and the prov- in registered greenhouses in Almeria ince of Dahkla in Western Sahara. Pink Province, the Murcia Province, or the tomatoes may be imported into the municipalities of Albun˜ ol and United States from the provinces of El Carchuna in the Granada Province in Jadida or Safi in Morocco and the prov- Spain.’’ ince of Dahkla in Western Sahara only (b) Tomatoes (fruit) (Solanum in accordance with this section and lycopersicum) from France. Pink or red tomatoes may be imported into the 6 See footnote 5 to paragraph (a) of this sec- United States from France only in ac- tion. 326 VerDate Mar<15>2010 09:33 Feb 15, 2013 Jkt 229016 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\229016.XXX 229016 rmajette on DSK2TPTVN1PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28 other applicable provisions of this sub- istered greenhouse and within a 1- part.7 month time period will necessitate (1) The tomatoes must be grown in Malathion bait sprays in the area every the provinces of El Jadida or Safi in 7 to 10 days for 60 days to ensure eradi- Morocco or in the province of Dahkla cation; in Western Sahara in insect-proof (6) The tomatoes must be packed greenhouses registered with, and in- within 24 hours of harvest and must be spected by, the national plant protec- pink at the time of packing. They must tion organization (NPPO) of Morocco be safeguarded by an insect-proof mesh the national plant protection organiza- screen or plastic tarpaulin while in tion (NPPO) of Morocco ; transit to the packinghouse and while (2) The tomatoes may be shipped awaiting packing. They must be from Morocco and Western Sahara only packed in insect-proof cartons or con- between December 1 and April 30, in- tainers, or covered by insect-proof clusive; mesh or plastic tarpaulin for transit to (3) Beginning 2 months prior to the the airport and export to the United start of the shipping season and con- States.