Animal and Plant Health Inspection Service, USDA § 319.56–23 (2) Termination because of findings trary in paragraphs (c) and (d) of this of other plant pests. The preclearance section, the Administrator may allow program will be terminated with a apples or pears imported under this country when, in one shipping season, section to be inspected at a port of ar- inspection units are rejected because of rival in the United States, in lieu of a other insect pests as follows: preclearance inspection, under the fol- (i) Ten or more of the inspection lowing conditions: units 1–20; (1) The Administrator has deter- (ii) Fifteen or more of the inspection mined that inspection can be accom- units 1–40; plished at the port of arrival without (iii) Twenty or more of the inspection increasing the risk of introducing in- units 1–60; sect pests into the United States; (iv) Twenty-five or more of the in- (2) Each pallet of apples or pears spection units 1–80; must be completely enclosed in plastic, (v) Thirty or more of the inspection to prevent the escape of insects, before units 1–100; or it is offloaded at the port of arrival; (vi) Thirty-five or more of the inspec- (3) The entire consignment of apples tion units 1–120. or pears must be offloaded and moved (vii) Sequence can be continued in in- to an enclosed warehouse, where ade- crements of 20 inspection units by in- quate inspection facilities are avail- creasing the number of rejected inspec- able, under the supervision of an in- tion units by 5. spector. (f) Cold treatment. In addition to all (4) The Administrator must deter- other requirements of this section, ap- mine that a sufficient number of in- ples or pears may be imported into the spectors are available at the port of ar- United States from France, Italy, Por- rival to perform the services required. tugal, or Spain only if the fruit is cold (5) The method of inspection will be treated for the Mediterranean fruit fly the same as prescribed in paragraph (d) in accordance with part 305 of this of this section for preclearance inspec- chapter. tions. (g) Plant pests; authorized treatments. [72 FR 39501, July 18, 2007, as amended at 75 (1) Apples from Belgium, Denmark, FR 4252, Jan. 26, 2010] France, Great Britain, Italy, the Neth- erlands, Northern Ireland, Norway, § 319.56–23 Apricots, nectarines, Portugal, the Republic of Ireland, peaches, plumcot, and plums from Spain, Sweden, Switzerland, and Ger- Chile. many; and pears from Belgium, France, (a) Importations allowed. Apricots, Great Britain, Italy, the Netherlands, nectarines, peaches, plumcot, and Portugal, and Spain may be imported plums may be imported into the United into the United States only if they are States from Chile in accordance with found free of the following pests or, if this section and all other applicable an authorized treatment is available, provisions of this subpart. 3 they are treated for: The pear leaf blis- (b) Trust fund agreement. Apricots, ter moth (Leucoptera malifoliella (O.G. nectarines, peaches, plumcot, and Costa) (Lyonetiidae)), the plum fruit plums may be imported under the regu- moth (Cydia funebrana (Treitschke) lations in this section only if the na- (Tortricidae)), the summer fruit tortrix tional plant protection organization of moth (Adoxophyes orana (Fischer von Chile (Servicio Agricola y Ganadero, Rosslertamm) (Tortricidae)), a leaf referred to in this section as SAG) or a roller (Argyrotaenia pulchellana private export group has entered into a (Haworth) (Tortricidae)), and other in- trust fund agreement with APHIS in sect pests that do not exist in the accordance with § 319.56–6. United States or that are not wide- spread in the United States. 3 (2) Treatments must be conducted in As provided in § 319.56–4, apricots, nec- tarines, peaches, plumcot, and plums from accordance with part 305 of this chap- Chile may also be imported if treated in ac- ter. cordance with part 305 of this chapter and (h) Inspection in the United States. subject to other applicable regulations in Notwithstanding provisions to the con- this subpart. 311 VerDate Mar<15>2010 12:45 Feb 10, 2011 Jkt 223016 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:\SGML\223016.XXX 223016 jdjones on DSKHWCL6B1PROD with CFR § 319.56–23 7 CFR Ch. III (1–1–11 Edition) (c) Responsibilities of Servicio Agricola cept as necessary to ensure that the y Ganadero. SAG will ensure that: fruit has been precleared and for occa- (1) Apricots, nectarines, peaches, sional monitoring purposes. plumcot, or plums are presented to in- (2) [Reserved] spectors for preclearance in their ship- (e) Termination of preclearance pro- ping containers at the shipping site as grams. Consignments of apricots, nec- prescribed in paragraph (d) of this sec- tarines, peaches, plumcot, and plums tion. will be individually evaluated regard- (2) Apricots, nectarines, peaches, ing the rates of infestation of inspec- plumcot, and plums presented for in- tion units of these articles presented spection are identified in shipping doc- for preclearance. The inspection pro- uments accompanying each load of gram for an article will be terminated fruit that identify the packing shed when inspections establish that the where they were processed and the or- rate of infestation of inspection units chards where they were produced; and of the article by pests listed in para- this identity is maintained until the graph (f) of this section exceeds 20 per- apricots, nectarines, peaches, plumcot, cent calculated on any consecutive 14 or plums are released for entry into the days of actual inspections (not count- United States. ing days on which inspections are not (3) Facilities for the inspections pre- conducted). Termination of the inspec- scribed in paragraph (d) of this section tion program for an article will require are provided in Chile at an inspection mandatory treatment in Chile, prior to site acceptable to APHIS. shipment to the United States, of con- (d) Preclearance inspection. signments of the article for the re- Preclearance inspection will be con- mainder of that shipping season. If a ducted in Chile under the direction of preclearance inspection program is ter- inspectors. An inspection unit will con- minated with Chile, precleared fruit in sist of a lot or consignment from which transit to the United States at the a statistical sample is drawn and exam- time of termination will be spot- ined. An inspection unit may represent checked by inspectors upon arrival in multiple grower lots from different the United States for evidence of plant packing sheds. Apricots, nectarines, pests referred to in paragraph (f) of this peaches, plumcot, or plums in any in- section. spection unit may be shipped to the (f) Plant pests; authorized treatments. United Sates only if the inspection (1) Apricots, nectarines, peaches, unit passes inspection as follows: plumcot, or plums from Chile may be (1) Inspectors will examine the con- imported into the United States only if tents of the cartons based on a biomet- they are found free of the following ric sampling scheme established for pests or, if an authorized treatment is each inspection unit. available, they are treated for: Proeulia (i) If the inspectors find evidence of spp., Leptoglossus chilensis, Megalometis any plant pest for which a treatment chilensis, Naupactus xanthographus, authorized in part 305 of this chapter is Listroderes subcinctus, and Conoderus available, fruit in the inspection unit rufangulus, and other insect pests that will remain eligible for shipment to the the Administrator has determined do United States if the entire inspection not exist, or are not widespread, in the unit is treated for the pest in Chile. United States. However, if the entire inspection unit (2) Treatments must be conducted in is not treated in this manner, or if a accordance with part 305 of this chap- plant pest is found for which no treat- ter. ment authorized in part 305 of this (g) Inspection in the United States. chapter is available, the entire inspec- Notwithstanding provisions to the con- tion unit will not be eligible for ship- trary in paragraphs (c) and (d) of this ment to the United States. section, the Administrator may, in (ii) Apricots, nectarines, peaches, emergency or extraordinary situations, plumcot, and plums precleared for allow apricots, nectarines, peaches, shipment to the United States as pre- plumcot, or plums imported under this scribed in this paragraph will not be in- section to be inspected at a port of ar- spected again in the United States ex- rival in the United States, in lieu of a 312 VerDate Mar<15>2010 12:45 Feb 10, 2011 Jkt 223016 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:\SGML\223016.XXX 223016 jdjones on DSKHWCL6B1PROD with CFR Animal and Plant Health Inspection Service, USDA § 319.56–24 preclearance inspection or fumigation (vi) The lettuce must be packed in an in Chile, under the following condi- insect-proof packinghouse, individually tions: packed in transparent plastic bags, (1) The Administrator is satisfied packed in cartons, placed on pallets, that a unique situation exists which and then covered with shrink wrap- justifies a limited exception to manda- ping; and tory preclearance; (vii) The lettuce must be transported (2) The Administrator has deter- to the airport in a closed refrigerated mined that inspection and/or treat- truck for shipment to the United ment can be accomplished at the in- States. tended port of arrival without increas- (2) Each consignment of lettuce must ing the risk of introducing quarantine be accompanied by a phytosanitary pests into the United States; certificate issued by the Israeli na- (3) The entire consignment of apri- tional plant protection organization cots, nectarines, peaches, plumcot, or stating that the conditions of para- plums must be offloaded and moved to graph (a)(1) of this section have been an enclosed warehouse, where inspec- met.