Animal and Plant Health Inspection Service, USDA § 319.56–22 is free of fruit flies must be treated for Oregon, Pennsylvania, Rhode Island, such pests in accordance with part 305 South Dakota, Utah, Vermont, Wash- of this chapter. If an authorized treat- ington, West Virginia, Wisconsin, Wyo- ment does not exist for a specific fruit ming, the District of Columbia, or the fly, the importation of such apples and U.S. Virgin Islands, or any part of Illi- pears is prohibited. nois, Kentucky, Missouri, or Virginia, north of the 38th parallel, subject to § 319.56–21 Okra from certain coun- the requirements of § 319.56–3. tries. (d) Importations into areas of California Okra from Brazil, Colombia, Ecuador, that are not pink bollworm generally in- Guyana, Mexico, Peru, Suriname, Ven- fested or suppressive areas. (1) During ezuela, and the West Indies may be im- January 1 through March 15, inclusive, ported into the United States in ac- okra may be imported into California cordance with this section and all subject to the requirements of § 319.56– other applicable provisions of this sub- 3. part. (2) During March 16 through Decem- (a) Importations into pink bollworm ber 31, inclusive, okra may be imported generally infested or suppressive areas in into California if it is treated for the the United States. Okra may be im- pink bollworm in accordance with part ported into areas defined in § 301.52–2a 305 of this chapter. as pink bollworm generally infested or (e) Imports from Andros Island of the suppressive areas, provided the okra is Bahamas. Okra produced on Andros Is- imported in accordance with the re- land, Commonwealth of the Bahamas, quirements of § 319.56–3. Upon entry may be imported into the United into the United States, such okra is States in accordance with § 319.56–3. immediately subject to the require- [72 FR 39501, July 18, 2007, as amended at 75 ments of Subpart—Pink Bollworm FR 4252, Jan. 26, 2010] (§§ 301.52 through 301.52–10) of this chap- ter. § 319.56–22 Apples and pears from cer- (b) Importations into areas south of the tain countries in Europe. 38th parallel that are not pink bollworm (a) Importations allowed. The fol- generally infested or suppressive areas. (1) lowing fruits may be imported into the During December 1 through May 15, in- United States in accordance with this clusive, okra may be imported into section and all other applicable provi- areas of Alabama, Arkansas, Florida, sions of this subpart: Georgia, Louisiana, Mississippi, Ne- (1) Apples from Belgium, Denmark, vada, North Carolina, South Carolina, France, Germany, Great Britain, Italy, Tennessee, or any part of Illinois, Ken- the Netherlands, Northern Ireland, tucky, Missouri, or Virginia south of Norway, Portugal, the Republic of Ire- the 38th parallel subject to the require- land, Spain, Sweden, and Switzerland; ments of § 319.56–3. (2) Pears from Belgium, France, (2) During May 16 through November Great Britain, Italy, the Netherlands, 30, inclusive, okra may be imported Portugal, and Spain. into areas of Alabama, Arkansas, Flor- (b) Trust fund agreement. Except as ida, Georgia, Louisiana, Mississippi, provided in paragraph (h) of this sec- Nevada, North Carolina, South Caro- tion, the apples or pears may be im- lina, Tennessee, or any part of Illinois, ported only if the national plant pro- Kentucky, Missouri, or Virginia south tection organization (NPPO) of the ex- of the 38th parallel if treated for the porting country has entered into a pink bollworm in accordance with part trust fund agreement with APHIS in 305 of this chapter. accordance with § 319.56–6. (c) Importations into areas north of the (c) Responsibilities of the exporting 38th parallel. Okra may be imported country. The apples or pears may be im- into Alaska, Colorado, Connecticut, ported in any single shipping season Delaware, Hawaii, Idaho, Indiana, only if all of the following conditions Iowa, Kansas, Maine, Maryland, Massa- are met: chusetts, Michigan, Minnesota, Mon- (1) Officials of the NPPO must survey tana, Nebraska, New Hampshire, New each orchard producing apples or pears Jersey, New York, North Dakota, Ohio, for shipment to the United States at 313 VerDate Mar<15>2010 11:29 Feb 10, 2012 Jkt 226016 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:\SGML\226016.XXX 226016 emcdonald on DSK29S0YB1PROD with CFR § 319.56–22 7 CFR Ch. III (1–1–12 Edition) least twice between spring blossoming only after the lines have been washed and harvest. If the officials find any with water. leaf miners that suggest the presence (iii) During packing operations, ap- of Leucoptera malifoliella in an or- ples and pears must be inspected for in- chard, the officials must reject any sect pests as follows: All fruit in each fruit harvested from that orchard dur- grower lot must be inspected at each of ing that growing season for shipment two inspection stations on the packing to the United States. If the officials line by packing shed technicians. In ad- find evidence in an orchard of any dition, one carton from every pallet in other plant pest referred to in para- each grower lot must be inspected by graph (g) of this section, they must en- officials of the plant protection serv- sure that the orchard and all other or- ice. If the inspections reveal any live chards within 1 kilometer of that or- larva or pupa of Leucoptera malifoliella, chard will be treated for that pest with the entire grower lot must be rejected a pesticide approved by the APHIS, in for shipment to the United States, and accordance with label directions and under the direction of the plant protec- the plant protection service must re- tion organization. If the officials deter- ject for shipment any additional fruit mine that the treatment program has from the producing orchard for the re- not been applied as required or is not mainder of that shipping season. If the controlling the plant pest in the or- inspections reveal any other insect chard, they must reject any fruit har- pest referred to in paragraph (g) of this vested from that orchard during that section, and a treatment authorized in growing season for shipment to the part 305 of this chapter is available, the United States. fruit will remain eligible for shipment (2) The apples or pears must be iden- to the United States if the entire grow- tified to the orchard from which they er lot is treated for the pest under the are harvested (the producing orchard) supervision of an inspector. However, if until the fruit arrives in the United the entire grower lot is not treated in States. this manner, or if a plant pest is found (3) The apples or pears must be proc- for which no treatment authorized in essed and inspected in approved pack- part 305 of this chapter is available, the ing sheds as follows: entire grower lot will be rejected for (i) Upon arrival at the packing shed, shipment to the United States. the apples or pears must be inspected (4) Apples or pears that pass inspec- for insect pests as follows: For each tion at approved packing sheds must be grower lot (all fruit delivered for proc- presented to an inspector for essing from a single orchard at a given preclearance inspection as prescribed time), packing shed technicians must in paragraph (d) of this section or for examine all fruit in one carton on inspection in the United States as pre- every third pallet (there are approxi- scribed in paragraph (h) of this section. mately 42 cartons to a pallet), or at (5) Apples and pears presented for least 80 apples or pears in every third preclearance inspection must be identi- bin (if the fruit is not in cartons on pallets). If they find any live larva or fied with the packing shed where they pupa of Leucoptera malifoliella, they were processed, as well as with the pro- must reject the entire grower lot for ducing orchard, and this identity must shipment to the United States, and the be maintained until the apples or pears NPPO must reject for shipment any ad- arrive in the United States. ditional fruit from the producing or- (6) Facilities for the preclearance in- chard for the remainder of the shipping spections prescribed in paragraph (d) of season. this section must be provided in the ex- (ii) The apples or pears must be sort- porting country at a site acceptable to ed, sized, packed, and otherwise han- APHIS. dled in the packing sheds on grading (7) Any apples or pears rejected for and packing lines used solely for fruit shipment into the United States may intended for shipment to the United not, under any circumstance, be pre- States, or, if on grading and packing sented again for shipment to the lines used previously for other fruit, United States. 314 VerDate Mar<15>2010 11:29 Feb 10, 2012 Jkt 226016 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:\SGML\226016.XXX 226016 emcdonald on DSK29S0YB1PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–22 (d) Preclearance inspection. (iii) Apples and pears precleared for Preclearance inspection will be con- shipment to the United States as pre- ducted in the exporting country by an scribed in this paragraph will not be in- inspector. Preclearance inspection will spected again in the United States (ex- be conducted for a minimum of 6,000 cept as necessary to ensure that the cartons of apples or pears, which may fruit has been precleared) unless the represent multiple grower lots from preclearance program with the export- different packing sheds.