Animal and Plant Health Inspection Service, USDA § 319.56–28 (ii) Beginning in Guayaquil, the road ‘‘Not for distribution in HI, PR, VI, or south through E1 26, Puerto Inca, Guam.’’ Naranjal, and Camilo Ponce to (Approved by the Office of Management and Enriquez; Budget under control number 0579–0236) (iii) Beginning in Guayaquil, the road east through Palestina to Vinces; § 319.56–27 Apples from Japan and the (iv) Beginning in Guayaquil, the road Republic of Korea. west through Piedrahita (Novol) to Any variety of Malus domestica apples Pedro Carbo; or may be imported into the United (v) Beginning in Guayaquil, the road States from Japan, and Fuji variety west through Progreso, Engunga, apples may be imported into the Tugaduaja, and Zapotal to El Azucar. United States from the Republic of (4) The cantaloupe or watermelon Korea, only in accordance with this may not be moved into Alabama, section and all other applicable provi- American Samoa, Arizona, California, sions of this subpart. Florida, Georgia, Guam, Hawaii, Lou- (a) Treatment and fumigation. The ap- isiana, Mississippi, New Mexico, Puerto ples must be cold treated and then fu- Rico, South Carolina, Texas, and the migated, under the supervision of an U.S. Virgin Islands. The boxes in which APHIS inspector, either in Japan or the cantaloupe or watermelon is the Republic of Korea, for the peach packed must be stamped with the name fruit moth (Carposina niponensis), the of the commodity followed by the yellow peach moth (Conogethes words ‘‘Not to be distributed in the fol- punctiferalis), and the fruit tree spider lowing States or territories: AL, AS, mite (Tetranychus viennensis), in ac- cordance with part 305 of this chapter. AZ, CA, FL, GA, GU, HI, LA, MS, NM, (b) The apples must PR, SC, TX, VI’’. APHIS inspection. be inspected upon completion of the (b) Cantaloupe, netted melon, vegetable treatments required by paragraph (a) melon, winter melon, and watermelon of this section, prior to export from from Peru. Cantaloupe, netted melon, Japan or the Republic of Korea, by an vegetable melon, and winter melon APHIS inspector and an inspector from (Cucumis melo L. subsp. melo) and wa- the national plant protection organiza- termelon may be imported into the tion of Japan or the Republic of Korea. United States from Peru only in ac- The apples shall be subject to further cordance with this paragraph and all disinfection in the exporting country if other applicable requirements of this plant pests are found prior to export. subpart: Imported apples inspected in Japan or (1) The fruit may be imported in com- the Republic of Korea are also subject mercial consignments only. to inspection and disinfection at the (2) The fruit must have been grown in port of first arrival, as provided in an area of Peru considered by APHIS § 319.56–3. to be free of the South American (c) Trust fund agreements. The na- cucurbit fly, must be accompanied by a tional plant protection organization of phytosanitary certificate declaring its the exporting country must enter into origin in such an area, and must be a trust fund agreement with APHIS in safeguarded and labeled, each in ac- accordance with § 319.56–6 before APHIS cordance with § 319.56–5 of this subpart. will provide the services necessary for (3) The phytosanitary certificate re- apples to be imported into the United quired under § 319.56–5 must also in- States from Japan or the Republic of clude a declaration by the NPPO of Korea. 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 neobrevipes). § 319.56–28 Tomatoes from certain (4) All consignments of fruit must be countries. 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 327 VerDate Mar<15>2010 10:59 Feb 20, 2014 Jkt 232016 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\232016.XXX 232016 wreier-aviles on DSK5TPTVN1PROD with CFR § 319.56–28 7 CFR Ch. III (1–1–14 Edition) United States from Spain only in ac- the records available to APHIS upon cordance with this section and all request; other applicable provisions of this sub- (6) The tomatoes must be packed part. 5 within 24 hours of harvest. They must (1) The tomatoes must be grown in be safeguarded from harvest to export the Almeria Province, the Murcia by insect-proof mesh screens or plastic Province, or the municipalities of tarpaulins, including while in transit Albun˜ ol and Carchuna in the Granada to the packinghouse and while await- Province of Spain in greenhouses reg- ing packaging. They must be packed in istered with, and inspected by, the insect-proof cartons or containers, or Spanish Ministry of Agriculture, Fish- covered by insect-proof mesh or plastic eries, and Food (MAFF); tarpaulins for transit to the airport (2) The tomatoes may be shipped only and subsequent export to the United from December 1 through April 30, in- States. These safeguards must be in- clusive; tact upon arrival in the United States; (3) Two months prior to shipping, and and continuing through April 30, MAFF (7) MAFF is responsible for export must set and maintain Mediterranean certification inspection and issuance of fruit fly (Medfly) traps baited with phytosanitary certificates. Each con- trimedlure inside the greenhouses at a signment of tomatoes must be accom- rate of four traps per hectare. In all panied by a phytosanitary certificate areas outside the greenhouses and issued by MAFF and bearing the dec- within 8 kilometers, including urban laration, ‘‘These tomatoes were grown and residential areas, MAFF must in registered greenhouses in Almeria place Medfly traps at a rate of four Province, the Murcia Province, or the traps per square kilometer. All traps municipalities of Albun˜ ol and must be checked every 7 days; Carchuna in the Granada Province in (4) Capture of a single Medfly in a Spain.’’ registered greenhouse will immediately (b) Tomatoes (fruit) (Solanum result in cancellation of exports from lycopersicum) from France. Pink or red that greenhouse until the source of in- tomatoes may be imported into the festation is determined, the Medfly in- United States from France only in ac- festation is eradicated, and measures cordance with this section and other are taken to preclude any future infes- applicable provisions of this subpart. 6 tation. Capture of a single Medfly with- (1) The tomatoes must be grown in in 2 kilometers of a registered green- the Brittany Region of France in house will necessitate increasing trap greenhouses registered with, and in- density in order to determine whether spected by, the Service de la Protec- there is a reproducing population in tion Vegetaux (SRPV); the area. Capture of two Medflies with- (2) From June 1 through September in 2 kilometers of a registered green- 30, SRPV must set and maintain one house and within a 1-month time pe- Medfly trap baited with trimedlure in- riod will result in cancellation of ex- side and one outside each greenhouse ports from all registered greenhouses and must check the traps every 7 days; within 2 kilometers of the find until (3) Capture of a single Medfly inside the source of infestation is determined or outside a registered greenhouse will and the Medfly infestation is eradi- immediately result in cancellation of cated; exports from that greenhouse until the (5) MAFF must maintain records of source of the infestation is determined, trap placement, checking of traps, and the Medfly infestation is eradicated, any Medfly captures, and must make and measures are taken to preclude any future infestation; (4) SRPV must maintain records of 5 The surface area of a pink tomato is more trap placement, checking of traps, and than 30 percent but not more than 60 percent any Medfly captures, and must make pink and/or red. The surface area of a red to- mato is more than 60 percent pink and/or them available to APHIS upon request; red. Green tomatoes from Spain, France, Mo- rocco, and Western Sahara may be imported 6 See footnote 5 to paragraph (a) of this sec- in accordance with §§ 319.56–3 and 319.56–4. tion. 328 VerDate Mar<15>2010 10:59 Feb 20, 2014 Jkt 232016 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\232016.XXX 232016 wreier-aviles on DSK5TPTVN1PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–28 (5) From June 1 through September kilometer. In Western Sahara, a single 30, the tomatoes must be packed within trap must be placed outside in the im- 24 hours of harvest. They must be safe- mediate proximity of each registered guarded by insect-proof mesh screen or greenhouse. All traps in Morocco and plastic tarpaulin while in transit to the Western Sahara must be checked every packinghouse and while awaiting pack- 7 days; ing. They must be packed in insect- (4) The NPPO of Morocco must main- proof cartons or containers, or covered tain records of trap placement, check- by insect-proof mesh screen or plastic ing of traps, and any Medfly captures, tarpaulin. These safeguards must be in- and make the records available to tact upon arrival in the United States; APHIS upon request. The trapping and records must be maintained for 1 year (6) SRPV is responsible for export for APHIS review; certification inspection and issuance of (5) Capture of a single Medfly in a phytosanitary certificates.