§ 319.56–2ee 7 CFR Ch. III (1–1–06 Edition) capitata, Chrysodeixis argentifera, C. certificate issued by AQIS stating erisoma, Helicoverpa armigera, H. ‘‘These tomatoes were grown, packed, punctigera, Lamprolonchaea brouniana, and shipped in accordance with the re- Sceliodes cordalis, and Spodoptera litura. quirements of § 319.56–2dd(e) of 7 CFR.’’ AQIS must also set and maintain fruit (Approved by the Office of Management and fly traps inside the greenhouses and Budget under control numbers 0579–0131 and around the perimeter of the green- 0579–0210) houses. Inside the greenhouses, the traps must be APHIS-approved fruit fly [63 FR 39216, July 22, 1998, as amended at 68 FR 37921, June 25, 2003; 70 FR 33326, June 7, traps, and they must be set at the rate 2005] of six per hectare. In all areas outside the greenhouse and within 8 kilometers § 319.56–2ee Administrative instruc- of the greenhouse, fruit fly traps must tions: Conditions governing the be placed on a 1 kilometer grid. All entry of Ya variety pears from traps must be checked at least every 7 China. days; Ya variety pears may be imported (3) Within a registered greenhouse, into the United States from China only capture of a single fruit fly or other under the following conditions: quarantine pest will result in imme- (a) Growing and harvest conditions. (1) diate cancellation of exports from that The pears must have been grown by greenhouse until the source of the in- growers registered with the Chinese festation is determined, the infestation Ministry of Agriculture in an APHIS- has been eradicated, and measures are approved export growing area in the taken to preclude any future infesta- Hebei or Shandong Provinces. tion; (2) Field inspections for signs of pest (4) Outside of a registered green- infestation must be conducted by the house, if one fruit fly of the species Chinese Ministry of Agriculture during specified in paragraph (e)(2) of this sec- the growing season. tion is captured, the trap density and (3) The registered growers shall be re- frequency of trap inspection must be sponsible for following the increased to detect a reproducing col- phytosanitary measures agreed upon ony. Capture of two Medflies or three by APHIS and the Chinese Ministry of of the same species of Bactrocera within Agriculture, including applying pes- 2 kilometers of each other and within ticides to reduce the pest population 30 days will result in the cancellation and bagging the pears on the trees to of exports from all registered green- reduce the opportunity for pests to at- houses within 2 kilometers of the finds tack the fruit during the growing sea- until the source of the infestation is son. The bags must remain on the determined and the fruit fly infestation pears through the harvest and during is eradicated; their movement to the packing house. (5) AQIS must maintain records of (4) The packing houses in which the trap placement, checking of traps, and pears are prepared for exportation shall any fruit fly captures, and must make not be used for any fruit other than Ya the records available to APHIS upon variety pears from registered growers request; during the pear export season. The (6) The tomatoes must be packed packing houses shall accept only those within 24 hours of harvest. They must pears that are in intact bags as re- be safeguarded by an insect-proof mesh quired by paragraph (a)(3) of this sec- screen or plastic tarpaulin while in tion. The pears must be loaded into transit to the packing house or while containers at the packing house and awaiting packing. They must be placed the containers then sealed before in insect-proof cartons or securely cov- movement to the port of export. ered with insect-proof mesh or plastic (b) Treatment. Pears from Shandong tarpaulin for transport to the airport Province must be cold treated for or other shipping point. These safe- Bactrocera dorsalis in accordance with guards must be intact upon arrival in part 305 of this chapter. the United States; and (c) Each shipment of pears must be (7) Each shipment of tomatoes must accompanied by a phytosanitary cer- be accompanied by a phytosanitary tificate issued by the Chinese Ministry 416 VerDate Aug<31>2005 14:27 Feb 01, 2006 Jkt 208016 PO 00000 Frm 00426 Fmt 8010 Sfmt 8010 Y:\SGML\208016.XXX 208016 Animal and Plant Health Inspection Service, USDA § 319.56–2ff of Agriculture stating that the condi- as determined by APHIS, before the tions of this section have been met. services will be completed. After a [60 FR 50386, Sept. 29, 1995, as amended at 66 final audit at the conclusion of each FR 45161, Aug. 28, 2001; 68 FR 34519, June 10, shipping season, any overpayment of 2003; 70 FR 33326, June 7, 2005] funds would be returned to the Mexican avocado industry association or held § 319.56–2ff Administrative instruc- on account until needed. tions governing movement of Hass (c) Safeguards in Mexico. The avoca- avocados from Michoacan, Mexico. dos must have been grown in the Mexi- Fresh Hass variety avocados (Persea can State of Michoacan in an orchard americana) may be imported from located in a municipality that meets Michoacan, Mexico, into the United the requirements of paragraph (c)(1) of States only under a permit issued in this section. The orchard in which the accordance with § 319.56–3, and only avocados are grown must meet the re- under the following conditions: quirements of paragraph (c)(2) of this (a) Shipping restrictions. (1) The avoca- section. The avocados must be packed dos may be imported in commercial for export to the United States in a shipments only; packinghouse that meets the require- (2) Between January 31, 2005 and Jan- ments of paragraph (c)(3) of this sec- uary 31, 2007, the avocados may be im- tion. The Mexican national plant pro- ported into and distributed in all tection organization (NPPO) must pro- States except California, Florida, and vide an annual work plan to APHIS Hawaii. After January 31, 2007, the avo- that details the activities that the cados may be imported into and dis- Mexican NPPO will, subject to APHIS’ tributed in all States. approval of the work plan, carry out to (b) Trust fund agreement. The avoca- meet the requirements of this section; dos may be imported only if the Mexi- APHIS will be directly involved with can avocado industry association rep- the Mexican NPPO in the monitoring resenting Mexican avocado growers, and supervision of those activities. The packers, and exporters has entered into personnel conducting the trapping and a trust fund agreement with the Ani- pest surveys must be hired, trained, mal and Plant Health Inspection Serv- and supervised by the Mexican NPPO ice (APHIS) for that shipping season. or by the Michoacan State delegate of That agreement requires the Mexican the Mexican NPPO. avocado industry association to pay in (1) Municipality requirements. (i) The advance all estimated costs that municipality must be listed as an ap- APHIS expects to incur through its in- volvement in the trapping, survey, har- proved municipality in the bilateral vest, and packinghouse operations pre- work plan provided to APHIS by the scribed in paragraph (c) of this section. Mexican NPPO. These costs will include administrative (ii) The municipality must be sur- expenses incurred in conducting the veyed at least semiannually (once dur- services and all salaries (including ing the wet season and once during the overtime and the Federal share of em- dry season) and found to be free from ployee benefits), travel expenses (in- the large avocado seed weevil Heilipus cluding per diem expenses), and other lauri, the avocado seed moth Stenoma incidental expenses incurred by the in- catenifer, and the small avocado seed spectors in performing these services. weevils Conotrachelus aguacatae and C. The agreement requires the Mexican perseae. avocado industry association to deposit (iii) Trapping must be conducted in a certified or cashier’s check with the municipality for Mediterranean APHIS for the amount of those costs, fruit fly (Medfly) (Ceratitis capitata) at as estimated by APHIS. If the deposit the rate of 1 trap per 1 to 4 square is not sufficient to meet all costs in- miles. Any findings of Medfly must be curred by APHIS, the agreement fur- reported to APHIS. ther requires the Mexican avocado in- (2) Orchard and grower requirements. dustry association to deposit with The orchard and the grower must be APHIS a certified or cashier’s check registered with the Mexican NPPO’s for the amount of the remaining costs, avocado export program and must be 417 VerDate Aug<31>2005 14:27 Feb 01, 2006 Jkt 208016 PO 00000 Frm 00427 Fmt 8010 Sfmt 8010 Y:\SGML\208016.XXX 208016.