[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2000 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          7


          Parts 300 to 399

                         Revised as of January 1, 2000



          Agriculture





          Containing a Codification of documents of general 
          applicability and future effect
          As of January 1, 2000
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2000



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    Subtitle B--Regulations of the Department of Agriculture--
      Continued:
          Chapter III--Animal and Plant Health Inspection 
          Service, Department of Agriculture                         5
  Finding Aids:
      Material Approved for Incorporation by Reference........     483
      Table of CFR Titles and Chapters........................     485
      Alphabetical List of Agencies Appearing in the CFR......     503
      List of CFR Sections Affected...........................     513



[[Page iv]]


      


                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  7 CFR 300.1 refers 
                       to title 7, part 300, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2000), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Weekly Compilation of Presidential Documents and 
the Privacy Act Compilation are available in electronic format at 
www.access.gpo.gov/nara (``GPO Access''). For more information, contact 
Electronic Information Dissemination Services, U.S. Government Printing 
Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2000.



[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2000.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199. Part 900--General Regulations is carried as a note in the 
volume containing parts 1000-1199, as a convenience to the user.

    Redesignation tables appear in the Finding Aids section of the 
volumes containing parts 210-299 and parts 1600-1899.

    For this volume, Lisa N. Morris was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

[[Page x]]





[[Page 1]]



                          TITLE 7--AGRICULTURE




                  (This book contains parts 300 to 399)

  --------------------------------------------------------------------

  SUBTITLE B--Regulations of the Department of Agriculture (Continued):

                                                                    Part

chapter iii--Animal and Plant Health Inspection Service, 
  Department of Agriculture.................................         300

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 5]]



                      CHAPTER III--ANIMAL AND PLANT






                       HEALTH INSPECTION SERVICE,






                        DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
300             Incorporation by reference..................           7
301             Domestic quarantine notices.................           7
318             Hawaiian and territorial quarantine notices.         140
319             Foreign quarantine notices..................         181
322             Honeybees and honeybee semen................         335
330             Federal plant pest regulations; general; 
                    plant pests; soil, stone, and quarry 
                    products; garbage.......................         339
331

Plant pest regulations governing interstate movement of certain products 
and articles [Reserved]

340             Introduction of organisms and products 
                    altered or produced through genetic 
                    engineering which are plant pests or 
                    which there is reason to believe are 
                    plant pests.............................         357
351             Importation of plants or plant products by 
                    mail....................................         375
352             Plant quarantine safeguard regulations......         377
353             Export certification........................         389
354             Overtime services relating to imports and 
                    exports; and user fees..................         398
355             Endangered species regulations concerning 
                    terrestrial plants......................         422
356             Forfeiture procedures.......................         428
360             Noxious weed regulations....................         432
361             Importation of seed and screenings under the 
                    Federal Seed Act........................         435
370             Freedom of information......................         452
371             Organization, functions, and delegations of 
                    authority...............................         453
372             National Environmental Policy Act 
                    implementing procedures.................         473
380             Rules of practice governing proceedings 
                    under certain acts......................         478
381--399

  [Reserved]

[[Page 7]]



PART 300--INCORPORATION BY REFERENCE--Table of Contents




    Authority: 7 U.S.C. 150ee, 154, 161, 162, and 167; 7 CFR 2.22, 2.80, 
and 371.2(c).



Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted November 
30, 1992, and includes all revisions through June 1999 has been approved 
for incorporation by reference in 7 CFR chapter III by the Director of 
the Office of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51.
    (1) The treatments specified in the Plant Protection and Quarantine 
Treatment Manual and its revisions are required to authorize the 
movement of certain articles regulated by domestic quarantines (7 CFR 
parts 301 and 318) and foreign quarantines (7 CFR part 319).
    (2) Availability. Copies of the Plant Protection and Quarantine 
Treatment Manual:
    (i) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW, Suite 700, Washington, 
DC; or,
    (ii) May be obtained by writing or calling the Animal and Plant 
Health Inspection Service, Documents Management Branch, Printing 
Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD 
20737-1229, (301) 734-5524; or
    (iii) May be obtained from field offices of the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine. Addresses of 
these offices may be found in local telephone directories.
    (b) Dry Kiln Operator's Manual. The Dry Kiln Operator's Manual, 
which was published in August 1991 as Agriculture Handbook No. 188 by 
the United States Department of Agriculture, Forest Service, has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (1) The kiln drying schedules specified in the Dry Kiln Operator's 
Manual provide a method by which certain articles regulated by 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' (7 CFR 
319.40-1 through 319.40-11) may be imported into the United States.
    (2) Availability. Copies of the Dry Kiln Operator's Manual are 
available for inspection at the Office of the Federal Register Library, 
800 North Capitol Street NW, Suite 700, Washington, DC, or are for sale 
as ISBN 0-16-035819-1 by the U.S. Government Printing Office, 
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328.

[60 FR 27673, May 25, 1995, as amended at 60 FR 50384, Sept. 29, 1995; 
61 FR 5924, Feb. 15, 1996; 62 FR 595, Jan. 6, 1997; 62 FR 36974, July 
10, 1997; 63 FR 68164, Dec. 10, 1998; 64 FR 37665, July 13, 1999]



PART 301--DOMESTIC QUARANTINE NOTICES--Table of Contents




                Subpart--Imported Plants and Plant Parts

Sec.
301.10  Definitions.
301.11  Notice of quarantine; prohibition on the interstate movement of 
          certain imported plants and plant parts.

                        Subpart--Black Stem Rust

301.38  Notice of quarantine; restrictions on interstate movement of 
          regulated articles.
301.38-1  Definitions.
301.38-2  Regulated articles.
301.38-3  Protected areas.
301.38-4  Interstate movement of regulated articles.
301.38-5  Assembly and inspection of regulated articles; issuance and 
          cancellation of certificates.
301.38-6  Compliance agreements and cancellation.
301.38-7  Attachment and disposition of certificates.
301.38-8  Costs and charges.

                           Subpart--Gypsy Moth

301.45  Notice of quarantine; restriction on interstate movement of 
          specified regulated articles.
301.45-1  Definitions.
301.45-2  Authorization to designate and terminate designation of 
          generally infested areas.
301.45-3  Generally infested areas.
301.45-4  Conditions governing the interstate movement of regulated 
          articles and outdoor household articles from generally 
          infested areas.

[[Page 8]]

301.45-5  Issuance and cancellation of certificates, limited permits, 
          and outdoor household article documents.
301.45-6  Compliance agreement and cancellation thereof.
301.45-7  Assembly and inspection of regulated articles and outdoor 
          household articles.
301.45-8  Attachment and disposition of certificates, limited permits, 
          and outdoor household article documents.
301.45-9  Inspection and disposal of regulated articles and pests.
301.45-10  Movement of live gypsy moths.
301.45-11  Costs and charges.
301.45-12  Disqualification of qualified certified applicator to issue 
          certificates.

                        Subpart--Japanese Beetle

                       Quarantine and Regulations

301.48  Notice of quarantine; quarantine restrictions on interstate 
          movement of regulated articles.
301.48-1  Definitions.
301.48-2  Authorization to designate, and terminate designation of, 
          regulated airports.
301.48-3  Notification of designation, and termination of designation, 
          of regulated airports.
301.48-4  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.48-5  Inspection and disposal of regulated articles and pests.
301.48-6  Movement of live Japanese beetles.
301.48-7  Nonliability of the Department.
301.48-8    Compliance agreements and cancellation.

                       Subpart--Pine Shoot Beetle

301.50  Restrictions on interstate movement of regulated articles.
301.50-1  Definitions.
301.50-2  Regulated articles.
301.50-3  Quarantined areas.
301.50-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.50-5  Issuance and cancellation of certificates and limited permits.
301.50-6  Compliance agreements and cancellation.
301.50-7  Assembly and inspection of regulated articles.
301.50-8  Attachment and disposition of certificates and limited 
          permits.
301.50-9  Costs and charges.
301.50-10  Treatments.

                    Subpart--Asian Longhorned Beetle

301.51-1  Definitions.
301.51-2  Regulated articles.
301.51-3  Quarantined areas.
301.51-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.51-5  Issuance and cancellation of certificates and limited permits.
301.51-6  Compliance agreements and cancellation.
301.51-7  Assembly and inspection of regulated articles.
301.51-8  Attachment and disposition of certificates and limited 
          permits.
301.51-9  Costs and charges.

                         Subpart--Pink Bollworm

                       Quarantine and Regulations

301.52  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.52-1  Definitions.
301.52-2  Authorization for Deputy Administrator to list regulated areas 
          and suppressive or generally infested areas.
301.52-2a    Regulated areas; suppressive and generally infested areas.
301.52-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.52-4  Issuance and cancellation of certificates and permits.
301.52-5  Compliance agreements; and cancellation thereof.
301.52-6  Assembly and inspection of regulated articles.
301.52-7  Attachment and disposition of certificates or permits.
301.52-8  Inspection and disposal of regulated articles and pests.
301.52-9  Movement of live pink bollworms.
301.52-10  Nonliability of the Department.

          Subpart--Mexican Fruit Fly Quarantine and Regulations

301.64  Quarantine and regulations; restrictions on interstate movement 
          of regulated articles.
301.64-1  Definitions.
301.64-2  Regulated articles.
301.64-3  Regulated areas.
301.64-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.64-5  Issuance and cancellation of certificates and limited permits.
301.64-6  Compliance agreement and cancellation thereof.
301.64-7  Assembly and inspection of regulated articles.
301.64-8  Attachment and disposition of certificates and limited 
          permits.
301.64-9  Costs and charges.
301.64-10  Treatments.

                         Subpart--Citrus Canker

                  Notice of Quarantine and Regulations

301.75-1  Definitions.

[[Page 9]]

301.75-2  General prohibitions.
301.75-3  Regulated articles.
301.75-4  Quarantined areas.
301.75-5  Commercial citrus-producing areas.
301.75-6  Interstate movement of regulated articles from a quarantined 
          area, general requirements.
301.75-7  Interstate movement of regulated fruit from a quarantined 
          area.
301.75-8  Interstate movement of regulated seed from a quarantined area.
301.75-9  Interstate movement of regulated articles from a quarantined 
          area for experimental or scientific purposes.
301.75-10  Interstate movement of regulated articles through a 
          quarantined area.
301.75-11  Treatments.
301.75-12  Certificates and limited permits.
301.75-13  Compliance agreements.
301.75-14  Costs and charges.

                    Subpart--Mediterranean Fruit Fly

301.78  Restrictions on interstate movement of regulated articles.
301.78-1  Definitions.
301.78-2  Regulated articles.
301.78-3  Quarantined areas.
301.78-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.78-5  Issuance and cancellation of certificates and limited permits.
301.78-6  Compliance agreements and cancellation.
301.78-7  Assembly and inspection of regulated articles.
301.78-8  Attachment and disposition of certificates and limited 
          permits.
301.78-9  Costs and charges.
301.78-10  Treatments.

                           Subpart--Witchweed

                       Quarantine and Regulations

301.80  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.80-1  Definitions.
301.80-2  Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.80-2a  Regulated areas; generally infested and suppressive areas.
301.80-2b  Exempted articles.
301.80-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.80-4  Issuance and cancellation of certificates and permits.
301.80-5  Compliance agreements; and cancellation thereof.
301.80-6  Assembly and inspection of regulated articles.
301.80-7  Attachment and disposition of certificates or permits.
301.80-8  Inspection and disposal of regulated articles and pests.
301.80-9  Movement of witchweed.
301.80-10  Nonliability of the Department.

                       Subpart--Imported Fire Ant

                       Quarantine and Regulations

301.81  Restrictions on interstate movement of regulated articles.
301.81-1  Definitions.
301.81-2  Regulated articles.
301.81-3  Quarantined areas.
301.81-4  Interstate movement of regulated articles from quarantined 
          areas.
301.81-5  Issuance of a certificate or limited permit.
301.81-6  Compliance agreements.
301.81-7  Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.81-8  Assembly and inspection of regulated articles.
301.81-9  Attachment and disposition of certificates and limited 
          permits.
301.81-10  Costs and charges.

Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported Fire 
          Ant Program Manual''

Subpart--Unshu Oranges  [Reserved]

                        Subpart--Golden Nematode

                       Quarantine and Regulations

301.85  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.85-1  Definitions.
301.85-2  Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.85-2a    Regulated areas; suppressive and generally infested areas.
301.85-2b    Exempted articles.
301.85-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.85-4  Issuance and cancellation of certificates and permits.
301.85-5  Compliance agreement and cancellation thereof.
301.85-6  Assembly and inspection of regulated articles.
301.85-7  Attachment and disposition of certificates and permits.
301.85-8  Inspection and disposal of regulated articles and pests.
301.85-9  Movement of live golden nematodes.
301.85-10  Nonliability of the Department.

[[Page 10]]

                       Subpart--Sugarcane Diseases

                       Quarantine and Regulations

301.87  Quarantine; restrictions on interstate movement of specified 
          articles.
301.87-1  Definitions.
301.87-2  Regulated articles.
301.87-3  Regulated areas.
301.87-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.87-5  Issuance and cancellation of certificates and limited permits.
301.87-6  Compliance agreement; cancellation.
301.87-7  Assembly and inspection of regulated articles.
301.87-8  Attachment and disposition of certificates and limited 
          permits.
301.87-9  Costs and charges.
301.87-10  Treatments.

                          Subpart--Karnal Bunt

301.89-1  Definitions.
301.89-2  Regulated articles.
301.89-3  Regulated areas.
301.89-4  Planting.
301.89-5  Movement of regulated articles from regulated areas.
301.89-6  Issuance of a certificate or limited permit.
301.89-7  Compliance agreements.
301.89-8  Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.89-9  Assembly and inspection of regulated articles.
301.89-10  Attachment and disposition of certificates and limited 
          permits.
301.89-11  Costs and charges.
301.89-12  Cleaning and disinfection.
301.89-13  Treatments.
301.89-14  Compensation for the 1995-1996 crop season.
301.89-15  Compensation for growers, handlers, and seed companies in the 
          1996-1997 and 1997-1998 crop seasons.
301.89-16  Compensation for grain storage facilities, flour millers, and 
          National Survey participants for the 1996-1997 and 1997-1998 
          crop seasons.

Subpart--Corn Cyst Nematode  [Reserved]

                     Subpart--European Larch Canker

                       Quarantine and Regulations

301.91  Quarantine and regulations; restrictions on interstate movement 
          of regulated articles.
301.91-1  Definitions.
301.91-2  Regulated articles.
301.91-3  Regulated areas.
301.91-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.91-5  Issuance and cancellation of certificates and limited permits.
301.91-6  Compliance agreement and cancellation thereof.
301.91-7  Assembly and inspection of regulated articles.
301.91-8  Attachment and disposition of certificates and limited 
          permits.
301.91-9  Costs and charge.

                       Subpart--Oriental Fruit Fly

301.93  Restrictions on interstate movement of regulated articles.
301.93-1  Definitions.
301.93-2  Regulated articles.
301.93-3  Quarantined areas.
301.93-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.93-5  Issuance and cancellation of certificates and limited permits.
301.93-6  Compliance agreements and cancellation.
301.93-7  Assembly and inspection of regulated articles.
301.93-8  Attachment and disposition of certificates and limited 
          permits.
301.93-9  Costs and charges.
301.93-10  Treatments.

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.22, 2.80, and 371.2(c).



                Subpart--Imported Plants and Plant Parts

    Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.



Sec. 301.10  Definitions.

    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved.
    State. Any State, territory, district, or possession of the United 
States.



Sec. 301.11  Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.

    (a) In accordance with part 319 of this chapter, some plants and 
plant parts may only be imported into the United States subject to 
certain destination restrictions. That is, under part 319, some plants 
and plant parts may be imported into some States or areas of the United 
States but are prohibited from being imported into, entered into, or

[[Page 11]]

distributed within other States or areas, as an additional safeguard 
against the introduction and establishment of foreign plant pests and 
diseases.
    (b) Under this quarantine notice, whenever any imported plant or 
plant part is subject to destination restrictions under part 319:
    (1) The State(s) or area(s) into which the plant or plant part is 
allowed to be imported is quarantined with respect to that plant or 
plant part; and
    (2) No person shall move any plant or plant part from any such 
quarantined State or area into or through any State or area not 
quarantined with respect to that plant or plant part.



                        Subpart--Black Stem Rust

    Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.



Sec. 301.38  Notice of quarantine; restrictions on interstate movement of regulated articles.

    The conterminous 48 States and the District of Columbia are 
quarantined in order to prevent the spread of black stem rust. No person 
shall move interstate any regulated article except in accordance with 
this subpart.\1\
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    \1\ Any properly identified employee of the Animal and Plant Health 
Inspection Service is authorized to stop and inspect persons and means 
of conveyance, and to seize, quarantine, treat, apply other remedial 
measures to destroy, or otherwise dispose of regulated articles as 
provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and 
sections 105 and 10 of the Federal Plant Pest Act (7 U.S.C. 150dd, 
150ff).
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Sec. 301.38-1  Definitions.

    In this subpart the following definitions apply:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service (APHIS), or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculure.
    Black stem rust. The disease commonly known as the black stem rust 
of grains (Puccinia graminis).
    Certificate. A document in which an inspector, or a person operating 
under a compliance agreement, affirms that a specified regulated article 
has met the criteria in Sec. 301.38-5(b) of this subpart and may be 
moved interstate to any destination.
    Compliance agreement. A written agreement between a State that is a 
protected area or that encompasses a protected area and a person who 
moves regulated articles interstate, or in a non-protected area between 
APHIS and such person, in which that person agrees to comply with this 
subpart.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes, 
and that the regulated article is eligible for interstate movement under 
the conditions specified on the Departmental permit and found by the 
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia 
into protected areas.
    Inspector. Any APHIS employee or other person authorized by the 
Administrator in accordance with law to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector to allow the 
interstate movement into or through a protected area of regulated 
articles not eligible for certification under this subpart to a 
specified destination outside the protected area.
    Moved (movement, move). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved. 
``Movement'' and ``move'' shall be construed in accordance with this 
definition.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Protected area. Those States or counties designated in Sec. 301.38-
3(c) of this subpart.
    Rust-resistant plants. All plants of the genera Berberis, 
Mahoberberis, and

[[Page 12]]

Mahonia species, and their progeny, that have proven resistant to black 
stem rust during testing by the United States Department of 
Agriculture,\2\ and that are listed as rust-resistant under Sec. 301.38-
2 (b) and (c).
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    \2\ Testing is performed by the Agricultural Research Service of 
USDA as follows: In a greenhouse, the suspect plant, or test subject, is 
placed under a screen with a control plant, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected 
wheat stems, a primary host of black stem rust, are placed on top of the 
screen. The plants are moistened and maintained in 100% humidity, 
causing the spores to swell and fall on the plants lying under the 
screen. The plants are then observed for 7 days at 20-80% relative 
humidity. This test procedure is repeated 12 times. If in all 12 tests, 
the rust-susceptible plant shows signs of infection after 7 days and the 
test plants do not, USDA will declare the test plant variety rust-
resistant. The tests must be performed on new growth, just as the leaves 
are unfolding.
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    Rust-susceptible plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia species not listed as rust-resistant under 
Sec. 301.38-2 (b) and (c).
    Regulated article. Any article listed in Sec. 301.38-2 (a) through 
(d) of this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.38-2(e) of this subpart.
    Seedling. Any plant of the genera Berberis, Mahoberberis, and 
Mahonia grown from seed and having less than 2 years' growth.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.
    Two years' growth. The growth of a plant during all growing seasons 
of 2 successive calendar years.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]



Sec. 301.38-2  Regulated articles.

    The following are regulated articles: \3\
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    \3\ Permit and other requirements for the interstate movement of 
black stem rust organisms are contained in part 330 of this chapter.
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    (a) All seedlings and plants of less than 2 years' growth of the 
genus Berberis.
    (b) All plants, seeds, fruits, and other plant parts capable of 
propagation from the following rust-resistant Berberis species.
  B. aridocalida
  B. beaniana
  B. buxifolia
  B. buxifolia nana
  B. calliantha
  B. candidula
  B. candidula `Amstelveen'
  B. cavallieri
  B. chenaulti
  B. chanaulti `Apricot Queen'
  B. circumserrata
  B. concinna
  B. coxii
  B. darwini
  B. dasystachya
  B. dubia
  B. feddeana
  B. formosana
  B. franchetiana
  B. gagnepaini
  B. gilgiana
  B. gladwynensis
  B. gladwynensis `William Penn'
  B. gyalaica
  B. heterophylla
  B. horvathi
  B. hybrido-gagnepaini
  B. insignis
  B. julianae
  B. julianae `Nana'
  B. julianae `Spring Glory'
  B. koreana
  B. koreana X B. thunbergii hybrid Bailsel
  B. koreana X B. thunbergii hybrid Tara
  B. lempergiana
  B. lepidifolia
  B. linearifolia
  B. linearifolia var. `Orange King'
  B. lologensis
  B. manipurana
  B. media `Park Jewel'
  B. media `Red Jewel'
  B. mentorensis
  B. pallens
  B. potanini
  B. Renton
  B. replicata
  B. sanguinea
  B. sargentiana
  B. sikkimensis
  B. stenophylla
  B. stenophylla diversifolia
  B. stenophylla irwini
  B. stenophylla gracilis
  B. stenophylla nana compacta
  B. taliensis
  B. telomaica artisepala
  B. thunbergii
  B. thunbergii aurea
  B. thunbergii argenteo marginata
  B. thunbergii atropurpurea
  B. thunbergii atropurpurea erecta
  B. thunbergii atropurpurea erecta Marshalli
  B. thunbergii atropurpurea `Golden Ring'

[[Page 13]]

  B. thunbergii atropurpurea `Intermedia'
  B. thunbergii atropurpurea `Knight Burgundy'
  B. thunbergii atropurpurea nana
  B. thunbergii atropurpurea `Redbird'
  B. thunbergii atropurpurea `Rose Glow'
  B. thunbergii `Bagatelle'
  B. thunbergii `Bailone'
  B. thunbergii `Bailtwo'
  B. thunbergii `Bonanza Gold'
  B. thunbergii `Crimson Pygmy'
  B. thunbergii `Dwarf Jewell'
  B. thunbergii erecta
  B. thunbergii `globe'
  B. thunbergii `golden'
  B. thunbergii `Harlequin'
  B. thunbergii `Helmond Pillar'
  B. thunbergii `Kobold'
  B. thunbergii `Lustre Green'
  B. thunbergii maximowiczi
  B. thunbergii minor
  B. thunbergii `Monry'
  B. thunbergii `Monlers'
  B. thunbergii `Monomb'
  B. thunbergii `Pink Queen'
  B. thunbergii pluriflora
  B. thunbergii `Sparkle'
  B. thunbergii `Thornless'
  B. thunbergii `Upright Jewell'
  B. thunbergii variegata
  B. thunbergii xanthocarpa
  B. triacanthophora
  B. triculosa
  B. verruculosa
  B. virgatorum
  B. workingensis
  B. xanthoxylon

    (c) All plants, seedlings, seeds, fruits, and other plant parts 
capable of propagation from the following rust-resistant Mahoberberis 
and Mahonia species, except Mahonia cuttings for decorative purposes:

(1) Genera Mahoberberis:

  M. aqui-candidula
  M. aqui-sargentiae
  M. miethkeana


(2) Genera Mahonia:

  M. amplectens
  M. aquifolium
  M. aquifolium atropurpurea
  M. aquifolium compacta
  M. aquifolium compacta `John Muir'
  M. aquifolium `Donewell'
  M. aquifolium `Kings Ransom'
  M. aquifolium `Orangee Flame'
  M. aquifolium `Winter Sun'
  M. `Arthur Menzies'
  M. bealei
  M. dictyota
  M. fortunei
  M. `Golden Abundance'
  M. japonica
  M. lomarifolia
  M. nervosa
  M. pinnata
  M. pinnata `Ken Hartman'
  M. piperiana
  M. pumila
  M. repens

    (d) All plants, seeds, fruits, and other plant parts capable of 
propagation from rust-susceptible species and varieties of the general 
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible 
species and varieties of the genera Mahoberberis and Mahonia, except 
Mahonia cuttings for decorative purposes.
    (e) Any other product or article not listed in paragraphs (a) 
through (d) of this section, that an inspector determines presents a 
risk of spread of black stem rust. The inspector must notify the person 
in possession of the product or article that it is subject to the 
provisions of this subpart.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 
56 FR 7784, Feb. 26, 1991; 57 FR 54166, Nov. 17, 1992; 58 FR 8820, Feb. 
17, 1993; 59 FR 9066, Feb. 25, 1994; 59 FR 17917, Apr. 15, 1994; 60 FR 
38667, July 28, 1995]



Sec. 301.38-3  Protected areas.

    (a) The Administrator may designate as a protected area in paragraph 
(c) of this section any State that has eradicated rust-susceptible 
plants of the genera Berberis, Mahoberberis, and Mahonia under the 
cooperative Federal-State eradication program. In addition, the State 
must employ personnel with responsibility for the issuance and 
withdrawal of certificates in accordance with Sec. 301.38-5, and 
maintain and enforce an inspection program under which every plant 
nursery within the State is inspected at least once each year to ensure 
that they are free of rust-susceptible plants. During the requisite 
nursery inspections, all nursery stock shall be examined to determine 
that it consists only of rust-resistant varieties of the genera 
Berberis, Mahoberberis, and Mahonia, and that the plants are true to 
type. Plants that do not meet this criteria must be destroyed.
    (b) The Administrator may designate as a protected area any county 
within a State, rather than the entire State, if areas within the State 
have eradicated rust-susceptible plants of the genera Berberis, 
Mahoberberis, and Mahonia

[[Page 14]]

under the cooperative Federal-State program, and;
    (1) The State employs personnel with responsibility for the issuance 
and withdrawal of certificates in accordance with Sec. 301.38-5;
    (2) The State is enforcing restrictions on the intrastate movement 
of the regulated articles that are equivalent to those imposed by this 
subpart on the interstate movement of regulated articles, as determined 
by the Administrator; and
    (3) The State maintains and enforces an inspection program under 
which every plant nursery within the county is inspected at least once 
each year to ensure that plant nurseries within that area are free of 
rust-susceptible plants of the genera Berberis, Mahoberberis, and 
Mahonia. During the requisite nursery inspections, all nursery stock 
shall be examined to determine that it consists only of rust-resistant 
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that 
the plants are true to type. Plants that do not meet this criteria must 
be destroyed.
    (c) All seed used to propagate plants of the genera Berberis, 
Mahoberberis, and Mahonia in protected areas, and all seed used to 
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that 
are certified as rust-resistant for interstate movement into protected 
areas, must be produced at properties where a State inspector has 
verified that no wild or domesticated rust-susceptible plants are 
growing at or within one-half mile of the property.\4\
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    \4\ Persons performing the inspections must be able to recognize 
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia. 
Inspectors must work side by side, 10 to 20 feet apart, and walk outward 
away from the property a distance of one-half mile measured from the 
edge of the property, and observe all plants growing in the half-mile 
band. The distance between the inspectors may vary within this range, 
depending upon the visibility of the plant growth. In areas with low 
brush and flat terrain, the inspectors may be the maximum distance of 20 
feet apart if they can observe all plants growing within 10 feet of 
them. In areas of high plant growth or hilly terrain, the inspectors 
must be closer together due to limited or obstructed visibility. 
Inspectors must observe all plants growing between themselves and the 
mid-point of the distance between themselves and the next inspector. 
This process must be repeated so that the entire band, measured from the 
border of the property to the circumference of an imaginary circle 
having the property as its mid-point, is visually inspected in this 
manner.
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    (d) The following are designated as protected areas:
    (1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, 
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
    (2) The following counties in the State of Washington: Adams, 
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, 
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, 
Stevens, Walla Walla, Whitman, Yakima.
    (e) Each State that is a protected area or that encompasses a 
protected area must submit annually to the Administrator a written 
statement, signed by an inspector, assuring APHIS that all nursery 
inspections have been performed in accordance with this section. The 
statement must be submitted by January 1st of each year, and must 
include a list of the nurseries inspected and found free of rust-
susceptible plants.
    (f) The Administrator may remove a protected area from the list of 
designated protected areas in paragraph (c) of this section if he or she 
determines that it no longer meets the criteria of paragraph (a) or 
(b)(1) through (3) of this section. A hearing will be held to resolve 
any conflict as to any material fact. Rules of practice for the hearing 
shall be adopted by the Administrator.

[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 
57 FR 3118, Jan. 28, 1992]



Sec. 301.38-4  Interstate movement of regulated articles.

    (a) Non-protected areas. (1) Interstate movement of regulated 
articles into or through any State or area that is not designated a 
protected area under Sec. 301.38-3(c) is allowed without restriction 
under this subpart.

[[Page 15]]

    (b) Protected areas--(1) Prohibited movement. The following 
regulated articles are prohibited from moving interstate into or through 
any protected area:
    (i) All Berberis seedlings and plants of less than 2 years' growth, 
and rust-susceptible Berberis plants, seeds, fruits, and other plant 
parts capable of propagation.
    (ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings, 
seeds, fruits, and other plant parts capable of propagation.
    (2) Restricted movement: The following regulated articles may be 
moved interstate into or through a protected area with a certificate 
issued and attached in accordance with Secs. 301.38-5 and 301.38-7 of 
this subpart:
    (i) Plants of at least two years' growth, seeds, fruits, and other 
plant parts capable of propagation of the genus Berberis that are 
designated as rust-resistant in Sec. 301.38-2(b) of this subpart;
    (ii) Plants, seedlings, seeds, fruits, and other plant parts capable 
of propagation of the genera Mahoberberis and Mahonia that are 
designated as rust-resistant in Sec. 301.38-2(c) of this subpart.
    (c) An inspector may issue a limited permit to allow a regulated 
article not eligible for certification under Sec. 301.38-4(b)(2) to move 
interstate into or through a protected area to a specified destination 
that is stated in the permit and is outside the protected area, if the 
requirements of all other applicable Federal domestic plant quarantines 
are met. A regulated article moved interstate under a limited permit 
must be placed in a closed sealed container that prevents unauthorized 
removal of the regulated article, and that remains sealed until the 
regulated article reaches the final destination stated in the permit. At 
the final destination, the sealed container must be opened only in the 
presence of an inspector or with the authorization of an inspector 
obtained expressly for that shipment.
    (d) The United States Department of Agriculture may move any 
regulated article interstate into or through a protected area in 
accordance with the conditions determined necessary to prevent the 
introduction or spread of black stem rust in protected areas, as 
specified in a Departmental permit issued for this purpose.



Sec. 301.38-5  Assembly and inspection of regulated articles: issuance and cancellation of certificates.

    (a) Any person, other than a person authorized to issue certificates 
under paragraph (c) of this section, who desires to move interstate a 
regulated article that must be accompanied by a certificate under 
Sec. 301.38-4(b), shall, as far in advance of the desired interstate 
movement as possible (and no less than 48 hours before the desired 
interstate movement), request an inspector \5\ to issue a certificate. 
To expedite the issuance of a certificate, an inspector may direct that 
the regulated articles be assembled in a manner that facilitates 
inspection.
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    \5\ Services of an inspector may be requested by contacting a local 
APHIS office (listed in telephone directories under Animal and Plant 
Health Inspection Service (APHIS), Plant Protection and Quarantine). The 
addresses and telephone numbers of local offices may also be obtained by 
writing to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
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    (b) An inspector may issue a certificate for the interstate movement 
of a regulated article if he or she:
    (1) Determines, upon examination, that the regulated article may be 
moved interstate in accordance with Sec. 301.38-4; and
    (2) Determines that the regulated article may be moved interstate in 
accordance with all other Federal domestic plant quarantines and 
regulations applicable to the regulated article.
    (c) Certificates for interstate movement of regulated articles may 
be issued by an inspector to a person operating under a compliance 
agreement for use with subsequent shipments of regulated articles to 
facilitate their movement. A person operating under a compliance 
agreement must make the determinations set forth in paragraph (b) of 
this section before shipping any regulated articles.

[[Page 16]]

    (d) Any certificate that has been issued may be withdrawn by an 
inspector, orally or in writing, if he or she determines that the holder 
of the certificate has not complied with the conditions of this subpart 
for the use of the certificate. If the withdrawal is oral, the inspector 
will confirm the withdrawal and the reasons for the withdrawal, in 
writing, within 20 days of oral notification of the withdrawal. Any 
person whose certificate has been withdrawn may appeal the decision, in 
writing within 10 days after receiving written notification of the 
withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate was wrongfully 
withdrawn. A hearing will be held to resolve any conflict as to any 
material fact. An appeal shall be granted or denied, in writing, as 
promptly as circumstances allow, and the reasons for the decision shall 
be stated. In a non-protected area, appeal shall be made to the 
Administrator. The Administrator shall adopt rules of practice for the 
hearing. The certificate will remain withdrawn pending decision of the 
appeal.

[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.38-6  Compliance agreements and cancellation.

    (a) Any State may enter into a written compliance agreement with any 
person who grows or handles regulated articles in a protected area, or 
moves interstate regulated articles from a protected area, under which 
that person agrees to comply with this subpart, to provide inspectors 
with information concerning the source of any regulated articles 
acquired each year, and to prevent the unauthorized use of certificates 
issued for future use under the compliance agreement.\6\
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    \6\ In non-protected areas, compliance agreements may be arranged by 
contacting a local office of the Animal and Plant Health Inspection 
Service (APHIS), Plant Protection and Quarantine, or by writing to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
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    (b) A compliance agreement may be cancelled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed, in writing, 
within 20 days of oral notification of the cancellation. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, within 10 days after receiving written notification of the 
cancellation. The appeal must state all of the facts and reasons upon 
which the person relies to show that the compliance agreement was 
wrongfully cancelled. A hearing will be held to resolve any conflict as 
to any material fact. An appeal shall be granted or denied, in writing, 
as promptly as circumstances allow, and the reasons for the decision 
shall be stated. In a non-protected area, appeal shall be made to the 
Administrator. The Administrator shall adopt rules of practice for the 
hearing. The compliance agreement will remain cancelled pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]



Sec. 301.38-7  Attachment and disposition of certificates.

    (a) The certificate required for the interstate movement of a 
regulated article must, at all times during the interstate movement, be 
attached to the outside of the container containing the regulated 
article except as follows:
    (1) The certificate may be attached to the regulated article itself 
if it is not in container; or
    (2) The certificate may be attached to the accompanying waybill or 
other shipping document if the regulated article is identified and 
described on the certificate or waybill.
    (b) The carrier must furnish the certificate to the consignee at the 
destination of the regulated article.



Sec. 301.38-8  Costs and charges.

    The services of an inspector \4\ during normal business hours, 
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without 
cost to persons requiring the services. The United States Department of 
Agriculture will

[[Page 17]]

not be responsible for any other costs or charges.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]



                           Subpart--Gypsy Moth

    Source: 58 FR 39423, July 23, 1993, unless otherwise noted.



Sec. 301.45  Notice of quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Pursuant to the provisions of sections 8 
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and 
sections 105 and 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 
150dd, 150ee), the Secretary of Agriculture hereby quarantines the 
States of Connecticut, Delaware, District of Columbia, Indiana, Maine, 
Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, 
North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia, 
West Virginia, and Wisconsin in order to prevent the spread of the gypsy 
moth, Lymantria dispar (Linnaeus), a dangerous insect injurious to 
forests and shade trees and not theretofore widely prevalent or 
distributed within or throughout the United States; and establishes 
regulations governing the interstate movement from generally infested 
areas of the quarantined States of regulated articles and outdoor 
household articles defined in Sec. 301.45-1.
    (b) Restrictions on the interstate movement of regulated articles 
and outdoor household articles. No common carrier or other person may 
move interstate from any generally infested area any regulated article 
or outdoor household article except in accordance with the conditions 
prescribed in this subpart.

[58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 
FR 38280, July 16, 1998]



Sec. 301.45-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Associated equipment. Articles associated and moved with mobile 
homes and recreational vehicles, such as, but not limited to, awnings, 
tents, outdoor furniture, trailer blocks, and trailer skirts.
    Certificate. A document issued by an inspector, or by a qualified 
certified applicator or any other person operating in accordance with a 
compliance agreement, to allow the movement of regulated articles to any 
destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and APHIS, wherein 
the former agrees to comply with the requirements of the compliance 
agreement.
    Effectively diminishing. An eradication program is considered to be 
effectively diminishing the gypsy moth population of an area if the 
results of two successive annual Federal or State delimiting trapping 
surveys of the area conducted in accordance with Section II, ``Survey 
Procedures--Gypsy Moth,'' of the Gypsy Moth Treatment Manual show that 
the average number of gypsy moths caught per trap in the second 
delimiting survey (when comparable geographical areas and trapping 
densities are used) is: (1) Less than 10, and (2) less than the average 
number of gypsy moths caught per trap in the first survey.
    Eradication program. A program that uses pesticide application, 
biological controls, or other methods with the goal of eliminating gypsy 
moth from a particular area.
    General infestation. (1) The detection of gypsy moth egg masses 
through visual inspection by an inspector during a 10-minute walk 
through the area; however, it does not include the presence of gypsy 
moth egg masses which are found as a result of hitchhiking on transitory 
means of conveyance; or
    (2) The detection of gypsy moth through multiple catches of adult

[[Page 18]]

gypsy moths at multiple trapping locations in the area over a period of 
2 or more consecutive years, if the Administrator determines, after 
consulting with the State plant regulatory official, that gypsy moth is 
established in the area.
    Generally infested area. Any State, or portion thereof, listed as a 
generally infested area in Sec. 301.45-3 or temporarily designated as a 
generally infested area in accordance with Sec. 301.45-2(c).
    Gypsy moth. The live insect known as the gypsy moth, Lymantria 
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
    Inspector. Any employee of APHIS, a State government, or any other 
person, authorized by the Administrator in accordance with law to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector to allow the 
interstate movement of regulated articles to a specified destination.
    Mobile home. Any vehicle, other than a recreational vehicle, 
designed to serve, when parked, as a dwelling or place of business.
    Move (movement, moved). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``moved'' shall be construed in accordance with this 
definition.
    Outdoor household articles. Articles associated with a household 
that have been kept outside the home such as awnings, barbecue grills, 
bicycles, boats, dog houses, firewood, garden tools, hauling trailers, 
outdoor furniture and toys, recreational vehicles and associated 
equipment, and tents.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Qualified certified applicator. Any individual (1) certified 
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial 
applicator in a category allowing use of the restricted pesticides Spray 
N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No. 
45639-1), and acephate (Orthene); (2) who has attended and 
completed a workshop approved by the Administrator on the identification 
and treatment of gypsy moth life stages on outdoor household articles 
and mobile homes; and (3) who has entered into a compliance agreement in 
accordance with Sec. 301.45-6 of this part for the purpose of 
inspecting, treating, and issuing certificates for the movement of 
outdoor household articles and mobile homes.\1\
---------------------------------------------------------------------------

    \1\ Names of qualified certified applicators and plant regulatory 
officials for the States and Territories of the United States are 
available upon request from the regional offices of the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, or from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    Recreational vehicles. Highway vehicles, including pickup truck 
campers, one-piece motor homes, and travel trailers, designed to serve 
as temporary places of dwelling.
    Regulated articles. (1) Trees without roots (e.g., Christmas trees), 
trees with roots, and shrubs with roots and persistent woody stems, 
unless they are greenhouse grown throughout the year.
    (2) Logs, pulpwood, and wood chips.
    (3) Mobile homes and associated equipment.
    (4) Any other products, articles, or means of conveyance, of any 
character whatsoever, when it is determined by an inspector that any 
life stage of gypsy moth is in proximity to such articles and the 
articles present a high risk of artificial spread of gypsy moth 
infestation and the person in possession thereof has been so notified.
    State. Any State, Territory, or District of the United States 
including Puerto Rico.
    Treatment manual. The provisions currently contained in the Gypsy 
Moth

[[Page 19]]

Program Manual 2 and the Plant Protection and Quarantine 
Treatment Manual.3
---------------------------------------------------------------------------

    \2\ Pamphlets containing such provisions are available upon request 
to the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth 
Program Manual are published as an appendix to these regulations.
    \3\ The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference. For the full identification of this standard, 
see Sec. 300.1 of this chapter, ``Materials incorporated by reference.''
---------------------------------------------------------------------------

    Under the direction of. Monitoring treatments to assure compliance 
with the requirements in this subpart.
    Under the direct supervision of a qualified certified applicator. An 
inspection or treatment is considered to be applied under the direct 
supervision of a qualified certified applicator if the inspection or 
treatment is performed by a person acting under the instructions of a 
qualified certified applicator who is available if and when needed, even 
though such qualified certified applicator is not physically present at 
the time and place the inspection or treatment occurred.

[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.45-2  Authorization to designate and terminate designation of generally infested areas.

    (a) Generally infested areas. The Administrator shall list as 
generally infested areas in Sec. 301.45-3 each State or each portion 
thereof in which a gypsy moth general infestation has been found by an 
inspector, or each portion of a State which the Administrator deems 
necessary to regulate because of its proximity to infestation or its 
inseparability for quarantine enforcement purposes from infested 
localities; Except that, an area shall not be listed as a generally 
infested area if the Administrator has determined that:
    (1) The area is subject to a gypsy moth eradication program 
conducted by the Federal government or a State government in accordance 
with the Integrated Pest Management (IPM) alternative of the Final 
Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and 
Eradication Projects that was filed with the United States Environmental 
Protection Agency on March 18, 1985; and
    (2) State or Federal delimiting trapping surveys conducted in 
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the 
Gypsy Moth Treatment Manual show that the average number of gypsy moths 
caught per trap is less than 10 and that the trapping surveys show that 
the eradication program is effectively diminishing the gypsy moth 
population of the area.
    (b) Less than an entire State will be designated as a generally 
infested area only if the Administrator has determined that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and,
    (2) The designation of less than the entire State as a generally 
infested area will be adequate to prevent the artificial interstate 
spread of infestations of the gypsy moth.
    (c) Temporary designation of areas as generally infested areas. The 
Administrator or an inspector may temporarily designate any area in any 
State as a generally infested area in accordance with the criteria 
specified in paragraph (a) of this section. An inspector will give 
written notice of the designation to the owner or person in possession 
of the area and thereafter, the interstate movement of any regulated 
article from such areas is subject to the applicable provisions of this 
subpart. As soon as practicable, each generally infested area will be 
added to the list in Sec. 301.45-3 or the designation will be terminated 
by the Administrator or an authorized inspector, and notice thereof 
shall be given to the owner or person in possession of the areas.
    (d) Termination of designation as a generally infested area. The 
Administrator shall terminate the designation of any area as a generally 
infested area whenever the Administrator determines that the area no 
longer requires

[[Page 20]]

designation under the criteria specified in paragraph (a) of this 
section.



Sec. 301.45-3  Generally infested areas.

    (a) The areas described below are designated as generally infested 
areas:

                               Connecticut

    The entire State.

                                Delaware

    The entire State.

                          District of Columbia

    The entire district.

                                 Indiana

    Allen County. The entire county.
    Elkhart County. The entire county.
    LaGrange County. The entire county.
    Porter County. The entire county.
    Steuben County. The entire county.

                                  Maine

    Androscoggin County. The entire county.
    Aroosktook County. The townships of Bancroft, Benedicta, Crystal, 
Island Falls, Macwahoc Plantation, Molunkus, North Yarmouth Academy 
Grant, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston, 
and 1 R5 WELS.
    Cumberland County. The entire county.
    Franklin County. The townships of Avon, Carthage, Chesterville, 
Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, 
Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount 
Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley 
Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, 
Washington, Weld, Wilton, Wyman, 6, D and E.
    Hancock County. The entire county.
    Kennebec County. The entire county.
    Knox County. The entire county.
    Lincoln County. The entire county.
    Oxford County. The townships of Adamstown, Albany, Andover, Andover 
North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, 
Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, 
Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower 
Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton 
Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, 
Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, 
Upton, Waterford, Woodstock, C, and C Surplus.
    Penobscot County. The townships of Alton, Argyle, Bangor City, 
Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, 
Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew 
Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, 
Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, 
Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, 
Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, LaGrange, 
Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, 
Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport, 
Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss 
Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, 
Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 
8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9 
NWP, 5 R1 NBPP, and 2 R8 WELS.
    Piscataquis County. The townships of Abbott, Atkinson, Barnard, 
Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, 
Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, 
Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, 
Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.
    Sagadahoc County. The entire county.
    Somerset County. The townships of Anson, Athens, Bald Mountain, 
Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk, 
Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead 
River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland 
Plantation, Lexington Plantation, Madison, Mayfield, Mercer, Moscow, 
Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, Pleasant 
Ridge Plantation,

[[Page 21]]

Ripley, Skowhegan, Smithfield, Solon, St. Albans, Starks, The Forks 
Plantation, and West Forks Plantation.
    Waldo County. The entire county.
    Washington County. The entire county.
    York County. The entire county.

                                Maryland

    The entire State.

                              Massachusetts

    The entire State.

                                Michigan

    Alcona County. The entire county.
    Alger County. The entire county.
    Allegan County. The entire county.
    Alpena County. The entire county.
    Antrim County. The entire county.
    Arenac County. The entire county.
    Barry County. The entire county.
    Bay County. The entire county.
    Benzie County. The entire county.
    Berrien County. The entire county.
    Branch County. The entire county.
    Calhoun County. The entire county.
    Cass County. The entire county.
    Charlevoix County. The entire county.
    Cheboygan County. The entire county.
    Chippewa County. The entire county.
    Clare County. The entire county.
    Clinton County. The entire county.
    Crawford County. The entire county.
    Delta County. The entire county.
    Dickinson County. The entire county.
    Eaton County. The entire county.
    Emmet County. The entire county.
    Genesee County. The entire county.
    Gladwin County. The entire county.
    Grand Traverse County. The entire county.
    Gratiot County. The entire county.
    Hillsdale County. The entire county.
    Huron County. The entire county.
    Ingham County. The entire county.
    Ionia County. The entire county.
    Iosco County. The entire county.
    Isabella County. The entire county.
    Jackson County. The entire county.
    Kalamazoo County. The entire county.
    Kalkaska County. The entire county.
    Kent County. The entire county.
    Lake County. The entire county.
    Lapeer County. The entire county.
    Leelanau County. The entire county.
    Lenawee County. The entire county.
    Livingston County. The entire county.
    Luce County. The entire county.
    Mackinaw County. The entire county.
    Macomb County. The entire county.
    Manistee County. The entire county.
    Marquette County. The entire county.
    Mason County. The entire county.
    Mecosta County. The entire county.
    Menominee County. The entire county.
    Midland County. The entire county.
    Missaukee County. The entire county.
    Monroe County. The entire county.
    Montcalm County. The entire county.
    Montmorency County. The entire county.
    Muskegon County. The entire county.
    Newaygo County. The entire county.
    Oakland County. The entire county.
    Oceana County. The entire county.
    Ogemaw County. The entire county.
    Osceola County. The entire county.
    Oscoda County. The entire county.
    Otsego County. The entire county.
    Ottawa County. The entire county.
    Presque Isle County. The entire county.
    Roscommon County. The entire county.
    Saginaw County. The entire county.
    St. Clair County. The entire county.
    St. Joseph County. The entire county.
    Sanilac County. The entire county.
    Schoolcraft County. The entire county.
    Shiawassee County. The entire county.
    Tuscola County. The entire county.
    Van Buren County. The entire county.
    Washtenaw County. The entire county.
    Wayne County. The entire county.
    Wexford County. The entire county.

                              New Hampshire

    The entire State.

                               New Jersey

    The entire State.

                                New York

    The entire State.

                             North Carolina

    Currituck County. The entire county.
    Dare County. The area bounded by a line beginning at the 
intersection of State Road 1208 and Roanoke Sound; then easterly along 
this road to its

[[Page 22]]

junction with State Road 1206; then southerly along this road to its 
intersection with U.S. Highway Business 158; then easterly along an 
imaginary line to its intersection with the Atlantic Ocean; then 
northwesterly along the coastline to its intersection with the Dare-
Currituck County line; then westerly along this county line to its 
intersection with the Currituck Sound; then southeasterly along this 
sound to the point of beginning.

                                  Ohio

    Ashland County. The entire county.
    Ashtabula County. The entire county.
    Belmont County. The entire county.
    Carroll County. The entire county.
    Columbiana County. The entire county.
    Coshocton County. The entire county.
    Cuyahoga County. The entire county.
    Defiance County. The entire county.
    Erie County. The entire county.
    Fulton County. The entire county.
    Geauga County. The entire county.
    Guernsey County. The entire county.
    Harrison County. The entire county.
    Henry County. The entire county.
    Holmes County. The entire county.
    Jefferson County. The entire county.
    Lake County. The entire county.
    Licking County. The entire county.
    Lorain County. The entire county.
    Lucas County. The entire county.
    Mahoning County. The entire county.
    Medina County. The entire county.
    Monroe County. The entire county.
    Muskingum County. The entire county.
    Noble County. The entire county.
    Ottawa County. The entire county.
    Portage County. The entire county.
    Sandusky County. The entire county.
    Stark County. The entire county.
    Summit County. The entire county.
    Trumbull County. The entire county.
    Tuscarawas County. The entire county.
    Wayne County. The entire county.
    Williams County. The entire county.
    Wood County. The entire county.

                              Pennsylvania

    The entire State.

                              Rhode Island

    The entire State.

                                 Vermont

    The entire State.

                                Virginia

    City of Alexandria. The entire city.
    City of Bedford. The entire city.
    City of Buena Vista. The entire city.
    City of Charlottesville. The entire city.
    City of Chesapeake. The entire city.
    City of Colonial Heights. The entire city.
    City of Danville. The entire city.
    City of Emporia. The entire city.
    City of Fairfax. The entire city.
    City of Falls Church. The entire city.
    City of Franklin. The entire city.
    City of Fredericksburg. The entire city.
    City of Hampton. The entire city.
    City of Harrisonburg. The entire city.
    City of Hopewell. The entire city.
    City of Lexington. The entire city.
    City of Lynchburg. The entire city.
    City of Manassas. The entire city.
    City of Manassas Park. The entire city.
    City of Newport News. The entire city.
    City of Norfolk. The entire city.
    City of Petersburg. The entire city.
    City of Poquoson. The entire city.
    City of Portsmouth. The entire city.
    City of Richmond. The entire city.
    City of South Boston. The entire city.
    City of Staunton. The entire city.
    City of Suffolk. The entire city.
    City of Virginia Beach. The entire city.
    City of Waynesboro. The entire city.
    City of Williamsburg. The entire city.
    City of Winchester. The entire city.
    Accomack County. The entire county.
    Albemarle County. The entire county.
    Alleghany County. The entire county.
    Amelia County. The entire county.
    Amherst County. The entire county.
    Appomatox County. The entire county.
    Arlington County. The entire county.
    Augusta County. The entire county.
    Bath County. The entire county.
    Bedford County. The entire county.
    Botetourt County. The entire county.
    Brunswick County. The entire county.
    Buckingham County. The entire county.
    Campbell County. The entire county.
    Caroline County. The entire county.
    Charles City County. The entire county.

[[Page 23]]

    Charlotte County. The entire county.
    Chesterfield County. The entire county.
    Clarke County. The entire county.
    Culpeper County. The entire county.
    Cumberland County. The entire county.
    Dinwiddie County. The entire county.
    Essex County. The entire county.
    Fairfax County. The entire county.
    Fauquier County. The entire county.
    Fluvanna County. The entire county.
    Frederick County. The entire county.
    Gloucester County. The entire county.
    Goochland County. The entire county.
    Greene County. The entire county.
    Greensville County. The entire county.
    Halifax County The entire county.
    Hanover County. The entire county.
    Henrico County. The entire county.
    Highland County. The entire county.
    Isle of Wight County. The entire county.
    James City County. The entire county.
    King and Queen County. The entire county.
    King George County. The entire county.
    King William County. The entire county.
    Lancaster County. The entire county.
    Loudoun County. The entire county.
    Louisa County. The entire county.
    Lunenburg County. The entire county.
    Madison County. The entire county.
    Mathews County. The entire county.
    Mecklenburg County The entire county.
    Middlesex County. The entire county.
    Nelson County. The entire county.
    New Kent County. The entire county.
    Northampton County. The entire county.
    Northumberland County. The entire county.
    Nottoway County. The entire county.
    Orange County. The entire county.
    Page County. The entire county.
    Pittsylvania County. The entire county.
    Powhatan County. The entire county.
    Prince Edward County. The entire county.
    Prince George County. The entire county.
    Prince William County. The entire county.
    Rappahannock County. The entire county.
    Richmond County. The entire county.
    Rockbridge County. The entire county.
    Rockingham County. The entire county.
    Shenandoah County. The entire county.
    Southampton County. The entire county.
    Spotsylvania County. The entire county.
    Stafford County. The entire county.
    Surry County. The entire county.
    Sussex County. The entire county.
    Warren County. The entire county.
    Westmoreland County. The entire county.
    York County. The entire county.

                              West Virginia

    Barbour County. The entire county.
    Berkeley County. The entire county.
    Brook County. The entire county.
    Doddridge County. The entire county.
    Grant County. The entire county.
    Hampshire County. The entire county.
    Harrison County. The entire county.
    Hancock County. The entire county.
    Hardy County. The entire county.
    Jefferson County. The entire county.
    Lewis County. The entire county.
    Marion County. The entire county.
    Marshall County. The entire county.
    Mineral County. The entire county.
    Monongalia County. The entire county.
    Morgan County. The entire county.
    Ohio County. The entire county.
    Pendleton County. The entire county.
    Pocahontas County. The entire county.
    Preston County. The entire county.
    Randolph County. The entire county.
    Taylor County. The entire county.
    Tucker County. The entire county.
    Tyler County. The entire county.
    Upshur County. The entire county.
    Webster County. The entire county.
    Wetzel County. The entire county.

                                Wisconsin

    Brown County. The entire county.
    Calumet County. The entire county.
    Dodge County. The entire county.
    Door County. The entire county.
    Fond du Lac. The entire county.
    Kenosha County. The entire county.
    Kewaunee County. The entire county.
    Manitowoc County. The entire county.
    Marinette County. The entire county.

[[Page 24]]

    Menominee County. The entire county.
    Milwaukee County. The entire county.
    Oconto County. The entire county.
    Outagamie County. The entire county.
    Ozaukee County. The entire county.
    Racine County. The entire county.
    Shawano County. The entire county.
    Sheboygan County. The entire county.
    Washington County. The entire county.
    Waukesha County. The entire county.
    Winnebago County. The entire county.

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
62 FR 29287, May 30, 1997; 62 FR 36646, July 9, 1997; 63 FR 25748, May 
11, 1998; 63 FR 38280, July 16, 1998; 64 FR 40510, July 27, 1999]



Sec. 301.45-4  Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.

    (a) Regulated articles and outdoor household articles from generally 
infested areas. (1) A regulated article, except for an article moved in 
accordance with paragraph (c) of this section, shall not be moved 
interstate from any generally infested area into or through any area 
that is not generally infested unless a certificate or permit has been 
issued and attached to such regulated article in accordance with 
Secs. 301.45-5 and 301.45-8.4
---------------------------------------------------------------------------

    \4\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (2) An outdoor household article shall not be moved interstate from 
any generally infested area into or through any area that is not 
generally infested unless a certificate or OHA document has been issued 
and attached to such outdoor household article in accordance with 
Secs. 301.45-5 and 301.45-8.
    (b) A regulated article originating outside of any generally 
infested area may be moved interstate directly through any generally 
infested area without a certificate or permit if the point of origin of 
the article is clearly indicated by shipping documents, its identity has 
been maintained, and it has been safeguarded against infestation while 
in any generally infested area during the months of April through June. 
To be safeguarded, the article must be in an enclosed vehicle, or 
completely enclosed by a covering adequate to prevent access by gypsy 
moths, such as canvas, plastic, or closely woven cloth.
    (c) A regulated article originating in a generally infested area may 
be moved interstate from a generally infested area without a certificate 
if it complies with (1) or (2) of this paragraph:
    (1) The article is moved by the U.S. Department of Agriculture for 
experimental or scientific purposes, and:
    (i) Is moved pursuant to a permit issued for each article by the 
Administrator;
    (ii) Is moved in accordance with conditions specified on the permit 
and found by the Administrator to be adequate to prevent the 
dissemination of the gypsy moth, i.e., conditions of treatment, 
processing, shipment, and disposal; and
    (iii) Is moved with a tag or label securely attached to the outside 
of the container containing the article or securely attached to the 
article itself if not in a container, and with such tag or label bearing 
a permit number corresponding to the number of the permit issued for 
such article.
    (2) The article is logs, pulpwood, or wood chips, and the person 
moving the article has attached a signed accurate statement to the 
waybill or other shipping documents accompanying the article stating 
that he or she has inspected the article in accordance with the Gypsy 
Moth Program Manual no more than 5 days prior to the date of movement 
and has found no life stages of gypsy moth on the article.



Sec. 301.45-5  Issuance and cancellation of certificates, limited permits, and outdoor household article documents.

    (a) A certificate may be issued by an inspector for the movement of 
a regulated article or an outdoor household article (OHA) if the 
inspector determines that it is eligible for certification for movement 
to any destination under all Federal domestic plant quarantines 
applicable to such article and:
    (1) It has originated in noninfested premises in a generally 
infested area and has not been exposed to the gypsy

[[Page 25]]

moth while within the generally infested area; or
    (2) The inspector inspects the article no more than 5 days prior to 
the date of movement during the months of April through August (14 days 
prior to the date of movement from September through March) and finds it 
to be free of the gypsy moth; or
    (3) It has been treated under the direction of an inspector to 
destroy the gypsy moth in accordance with the treatment manual; or
    (4) It has been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby as 
determined by an inspector.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of any regulated article under this subpart to 
specified destinations for specified handling, utilization, processing, 
or treatment in accordance with the treatment manual, when, upon 
evaluation of all of the circumstances involved in each case, the 
Administrator determines that such movement will not result in the 
spread of the gypsy moth because life stages of the moths will be 
destroyed by such specified handling, utilization, processing or 
treatment, or the pest will not survive in areas to which shipped, and 
the requirements of all other applicable Federal domestic plant 
quarantines have been met.
    (c) Certificate and limited permit forms may be issued by an 
inspector to any person for use for subsequent shipments of regulated 
articles provided the person is operating under a compliance agreement. 
Any person operating under a compliance agreement may reproduce the 
forms as needed to attach them to regulated articles moved under a 
compliance agreement. Any person operating under a compliance agreement 
may execute and issue the certificate forms or reproduction of such 
forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement, if the 
person has treated such regulated articles as specified in the 
compliance agreement, and if the regulated articles are eligible for 
certification for movement to any destination under all applicable 
Federal domestic plant quarantines. Any person operating under a 
compliance agreement may execute and issue the limited permit forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles to specified destinations when an inspector has made the 
determinations specified in paragraph (b) of this section.
    (d) A certificate may be issued by a qualified certified applicator 
for the interstate movement of any outdoor household article or mobile 
home if such qualified certified applicator determines the following:
    (1) That the article has been inspected by the qualified certified 
applicator and found to be free of any life stage of the gypsy moth; or
    (2) That the article has been treated by, or treated under the 
direct supervision of, the qualified certified applicator to destroy any 
life stage of the gypsy moth in accordance with methods and procedures 
prescribed in section III of the Gypsy Moth Program Manual.
    (e) An OHA document may be issued by the owner of an outdoor 
household article for the interstate movement of the article if such 
person has inspected the outdoor household article and has found it to 
be free of any life stage of gypsy moth.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by an inspector if he determines that the holder 
thereof has not complied with any condition for the use of such 
document. The reasons for the withdrawal shall be confirmed in writing 
as promptly as circumstances permit. Any person whose certificate or 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within ten (10) days after receiving the written 
notification of the withdrawal. The appeal shall state all of the facts 
and reasons upon which the person relies to show that the certificate or 
permit was wrongfully withdrawn. The Administrator shall grant or deny 
the appeal, in writing, stating the reasons for his decision as promptly 
as circumstances permit. If there is a conflict as to any material fact, 
a hearing shall be held to resolve such conflict. Rules of practice 
concerning

[[Page 26]]

such a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Qualified 
certified applicators must enter into compliance agreements, in 
accordance with the definition of qualified certified applicator in 
Sec. 301.45-1. A compliance agreement shall specify safeguards necessary 
to prevent spread of the gypsy moth, such as disinfestation practices or 
application of chemical materials in accordance with the treatment 
manual. Compliance agreement forms may be obtained from the 
Administrator or an inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement, orally or in writing, whenever the 
inspector finds that such person has failed to comply with the 
conditions of the agreement. If the cancellation is oral, the decision 
and the reasons therefore shall be confirmed in writing, as promptly as 
circumstances permit. Any person whose compliance agreement has been 
canceled may appeal the decision in writing to the Administrator within 
ten (10) days after receiving written notification of the cancellation. 
The appeal shall state all of the facts and reasons upon which the 
person relies to show that the compliance agreement was wrongfully 
canceled. The Administrator shall grant or deny the appeal, in writing, 
stating the reasons for such decision, as promptly as circumstances 
permit. If there is a conflict as to any material fact, a hearing shall 
be held to resolve such conflict. Rules of practice concerning such a 
hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088).

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-7  Assembly and inspection of regulated articles and outdoor household articles.

    Persons (other than those authorized to use certificates or limited 
permits, or reproductions thereof, under Sec. 301.45-5(c)) who desire to 
move interstate a regulated article which must be accompanied by a 
certificate or permit shall, at least 7 days before the desired 
movement, request an inspector to examine the article prior to movement. 
Persons who desire to move interstate an outdoor household article 
accompanied by a certificate issued in accordance with Sec. 301.45-5 
shall, at least 14 days before the desired movement, request an 
inspector to examine the article prior to movement. Persons who desire 
to move interstate an outdoor household article or a mobile home 
accompanied by a certificate issued by a qualified certified applicator 
in accordance with Sec. 301.45-5(d) shall request a qualified certified 
applicator to examine the article prior to movement. Such articles shall 
be assembled at such point and in such manner as the inspector or 
qualified certified applicator designates to facilitate inspection.



Sec. 301.45-8  Attachment and disposition of certificates, limited permits, and outdoor household article documents.

    (a) A certificate, limited permit, or OHA document required for the 
interstate movement of a regulated article or outdoor household article 
must at all times during such movement be securely attached to the 
outside of the container containing the regulated article or outdoor 
household article, securely attached to the article itself if not in a 
container, or securely attached to the consignee's copy of the waybill 
or other shipping document: Provided, however, That the requirements of 
this section may be met by attaching the certificate, limited permit, or 
OHA document to the consignee's copy of the waybill or other shipping 
document only if the regulated article or outdoor household article is 
sufficiently described on the certificate, limited permit, OHA document 
or shipping document to identify such article.

[[Page 27]]

    (b) The certificate, limited permit, or OHA document for the 
movement of a regulated article or outdoor household article shall be 
furnished by the carrier to the consignee at the destination of the 
shipment.
    (c) Any qualified certified applicator who issues a certificate or 
OHA document shall at the time of issuance send a copy of the 
certificate or OHA document to the APHIS officer in charge for the State 
in which the document is issued.

(Approved by the Office of Management and Budget under control number 
0579-0088).

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-9  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles, outdoor household articles, and gypsy moths as 
provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd).



Sec. 301.45-10  Movement of live gypsy moths.

    Regulations requiring a permit for, and otherwise governing the 
movement of, live gypsy moths in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter.



Sec. 301.45-11  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.45-12  Disqualification of qualified certified applicator to issue certificates.

    (a) Any qualified certified applicator may be disqualified from 
issuing certificates by the Administrator if he determines that one of 
the following has occurred:
    (1) Such person is not certified by a State and/or Federal 
Government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 
U.S.C. 136b) in a category allowing use of the restricted pesticides 
Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration 
No. 45639-1), and acephate (Orthene); or
    (2) Noncompliance with any of the provisions of this subpart; or,
    (3) Failure to attend and complete, each time such person is 
recertified as a certified commercial applicator under FIFRA, a workshop 
approved by the Administrator on the identification and treatment of 
life stages of gypsy moth on outdoor household articles and mobile 
homes.
    (b) The disqualification is effective upon oral or written 
notification, whichever is earlier. The reasons for the disqualification 
shall be confirmed in writing as promptly as circumstances permit, 
unless contained in the written notification. Any qualified certified 
applicator who is disqualified from issuing certificates may appeal the 
decision in writing to the Administrator within ten (10) days after 
receiving written notification of the disqualification. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the disqualification was a wrongful action. The Administrator shall 
grant or deny the appeal, in writing, stating the reasons for his 
decision as promptly as circumstances permit. If there is a conflict as 
to any material fact, a hearing shall be held to resolve such conflict. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088).

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



                        Subpart--Japanese Beetle

    Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.

[[Page 28]]

                       Quarantine and Regulations



Sec. 301.48  Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.

    (a) Pursuant to the provisions of sections 8 and 9 of the Plant 
Quarantine Act of August 20, 1912, as amended, and section 106 of the 
Federal Plant Pest Act (7 U.S.C. 161, 162, and 150ee), the Secretary of 
Agriculture heretofore determined after public hearing to quarantine the 
States of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, 
Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, 
New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, 
Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West 
Virginia, Wisconsin, and the District of Columbia in order to prevent 
the spread of the Japanese beetle, a dangerous insect injurious to 
cultivated crops and not theretofore widely prevalent or distributed 
within or throughout the United States.
    (b) No person shall move any regulated article interstate from any 
regulated airport destined to any of the following States except in 
accordance with the conditions prescribed in this subpart: Arizona, 
California, Idaho, Nevada, Oregon, Utah, and Washington.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart shall be construed, respectively, to 
mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
moving regulated articles interstate, in which the person agrees to 
comply with the provisions of this subpart.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person, authorized by 
the Administrator to enforce the provisions of the quarantine and 
regulations in this subpart.
    Interstate. From any State into or through any other State.
    Japanese beetle. The live insect known as the Japanese beetle 
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa, 
or adult).
    Person. Any individual, corporation, company, partnership, society, 
or association, or other organized group of any of the foregoing.
    Regulated airport. Any airport or portions of an airport in a 
quarantined State declared regulated in accordance with provisions in 
Sec. 301.48-2 of this subpart.
    Regulated articles. Aircraft at or from regulated airports.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    State Plant Regulatory Official. The authorized official of a State 
who has responsibility for the operation of the State plant regulatory 
program.
    Treatment Manual. The Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-2  Authorization to designate, and terminate designation of, regulated airports.

    (a) An inspector may declare any airport within a quarantined State 
to be a regulated airport when he or she determines that adult 
populations of Japanese beetle exist during daylight hours at the 
airport to the degree that aircraft constitute a threat to spread the 
Japanese beetle and aircraft destined for the States listed in 
Sec. 301.48(b) may be leaving the airport.
    (b) An inspector shall terminate the designation provided for under 
paragraph (a) of this section when he or she determines that adult 
populations of Japanese beetle no longer exist at the airport to the 
degree that the aircraft

[[Page 29]]

pose a threat to spread the Japanese beetle.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-3  Notification of designation, and termination of designation, of regulated airports.

    Upon designating, or terminating the designation of, an airport as 
regulated, the inspector shall give written notice to the official in 
charge of the airport that the airport has been designated as a 
regulated airport or that the designation has been terminated. The 
inspector shall also give the same information in writing to the 
official at the airport in charge of each airline or the operator of any 
other aircraft, which will move a regulated article to any State 
designated in Sec. 301.48(b). The Administrator shall also give the same 
information to the State Plant Regulatory Official of each State 
designated in Sec. 301.48(b) to which any regulated article will move.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-4  Conditions governing the interstate movement of regulated articles from quarantined States.

    A regulated article may be moved interstate from a regulated airport 
to any State 1 designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------

    \1\ Requirements under all other applicable Federal domestic plant 
quarantines must be met.
---------------------------------------------------------------------------

    (a) An inspector, upon visual inspection of the airport and/or the 
aircraft, determines that the regulated article does not present a 
threat to spread the Japanese beetle because adult beetle populations 
are not present; or
    (b) The aircraft is opened and loaded only while it is enclosed 
inside a hangar that an inspector has determined to be free of and 
safeguarded against Japanese beetle; or
    (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 
a.m. only or lands and departs during those hours and, in either 
situation, is kept completely closed while on the ground during the 
hours of 7:00 a.m. to 8:00 p.m.; or
    (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 
p.m., the aircraft is inspected, treated, and safeguarded. Inspection, 
treatment, and safeguarding must be done either under a compliance 
agreement in accordance with Sec. 301.48-8 or under the direct 
supervision of an inspector. On a case-by-case basis, inspectors will 
determine which of the following conditions, and any supplemental 
conditions deemed necessary by the Administrator to prevent the spread 
of Japanese beetle, are required:
    (1) All openings of the aircraft must be closed or safeguarded 
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by 
other means approved by the Administrator.
    (2) All cargo containers that have not been safeguarded in a 
protected area must be inspected immediately prior to and during the 
loading process. All personnel must check their clothing immediately 
prior to entering the aircraft. All Japanese beetles found must be 
removed and destroyed.
    (3) All areas around doors and hatches or other openings in the 
aircraft must be inspected prior to removing the exclusionary devices. 
All Japanese beetles found must be removed and destroyed. All doors and 
hatches must be closed immediately after the exclusionary devices are 
moved away from the aircraft.
    (4) Aircraft must be treated in accordance with the Treatment Manual 
no more than 1 hour before loading. Particular attention should be paid 
to the ball mat area and the holes around the main entrance. The 
aircraft must then be aerated under safeguard conditions as required by 
the Treatment Manual.
    (5) Aircraft treatment records must be maintained by the applicator 
completing or supervising the treatment for a period of 2 years. These 
records must be provided upon request for review by an inspector. 
Treatment records shall include the pesticide used, the date of 
application, the location where the pesticide was applied (airport and 
aircraft), the amount of pesticide applied, and the name of the 
applicator.
    (6) When a designated aircraft is replaced with an alternate one 
just prior

[[Page 30]]

to departure (the procedure known as ``tail swapping''), the alternate 
aircraft must be inspected and all Japanese beetles must be removed. The 
aircraft must be safeguarded by closing all openings and hatches or by 
equipping the aircraft with exclusionary devices until the aircraft is 
ready for use. During loading, all treatment and safeguard requirements 
applicable to regularly scheduled aircraft must be implemented.
    (7) Aircraft may be retreated in the noninfested State if live 
Japanese beetles are found.
    (8) Notification of unscheduled commercial flights and of all 
military flights must be given at least 1 hour before departure to the 
appropriate person in the destination airport of any of the States 
listed in Sec. 301.48(b). Notification of arriving military flights 
should also be given to base commanders to facilitate the entrance of 
Federal and/or State inspectors onto the base if necessary.

[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996]



Sec. 301.48-5  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of or require disposal of 
regulated articles and Japanese beetles as provided in section 10 of the 
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal 
Plant Pest Act (7 U.S.C. 150dd) in accordance with instructions issued 
by the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]



Sec. 301.48-6  Movement of live Japanese beetles.

    Regulations requiring a permit for and otherwise governing the 
movement of live Japanese beetles in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]



Sec. 301.48-7  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart other than for the services 
of the inspector.



Sec. 301.48-8  Compliance agreements and cancellation.

    (a) Any person engaged in the business of moving regulated articles 
may enter into a compliance agreement to facilitate the movement of such 
articles under this subpart. Any person who enters into a compliance 
agreement, and employees or agents of that person, must allow an 
inspector access to all records regarding treatment of aircraft and to 
all areas where loading, unloading, and treatment of aircraft occurs.
    (b) A compliance agreement may be canceled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed in writing within 
20 days of oral notification. Any person whose compliance agreement has 
been canceled may appeal the decision, in writing, to the Administrator 
within 10 days after receiving written notification of the cancellation. 
The appeal must state all of the facts and reasons upon which the person 
relies to show that the compliance agreement was wrongfully canceled. A 
hearing will be held to resolve any conflict as to any material fact. 
The Administrator shall adopt rules of practice for the hearing. An 
appeal shall be granted or denied, in writing, as promptly as 
circumstances allow, and the reasons for the decision shall be stated. 
The compliance agreement will remain canceled pending the decision on 
the appeal.

[61 FR 32641, June 25, 1996]



                       Subpart--Pine Shoot Beetle

    Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.

[[Page 31]]



Sec. 301.50  Restrictions on interstate movement of regulated articles.

    Regulated articles may be moved interstate from any quarantined area 
only in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance; and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest 
Act (7 U.S.C. 150dd, 150ff).

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]



Sec. 301.50-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector, or person operating 
under a compliance agreement, affirms that a specified regulated article 
is free of pine shoot beetle and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart.
    Infestation. The presence of the pine shoot beetle or the existence 
of circumstances that make it reasonable to believe that the pine shoot 
beetle is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual, authorized by the Administrator to enforce 
this subpart.
    Interstate. From any State into or through any other State.
    Limited permit (permit). A document in which an inspector, or person 
operating under a compliance agreement, affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec. 301.50-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted 
trees, including dug (balled and burlaped) Christmas trees, and 
ornamental pine, such as bonsai.
    Pine shoot beetle. The insect known as pine shoot beetle, Tomicus 
piniperda (Linnaeus), in any stage of development.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.50-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.50-2 (a) or (b) of 
this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.50-2(c) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]



Sec. 301.50-2  Regulated articles.

    The following are regulated articles:
    (a) Pine products (Pinus spp.), as follows: Bark nuggets (including 
bark chips); Christmas trees; logs with bark attached; lumber with bark 
attached; nursery stock; pine wreaths and garlands; raw pine materials 
for pine wreaths and garlands; and stumps.
    (b) Any article, product, or means of conveyance not covered by 
paragraph (a) of this section, that presents a risk of spread of the 
pine shoot beetle and that an inspector notifies the person in 
possession of it is subject to the restrictions of this subpart.

[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995]

[[Page 32]]



Sec. 301.50-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area, in paragraph (c) of 
this section, each State, or each portion of a State, in which the pine 
shoot beetle has been found by an inspector, in which the Administrator 
has reason to believe that the pine shoot beetle is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the pine shoot beetle has been found. Less than an entire State 
will be designated as a quarantined area only if the Administrator 
determines that:
    (1) The State has adopted and is enforcing a quarantine and 
regulations that impose restrictions on the intrastate movement of the 
regulated articles that are equivalent to those imposed by this subpart 
on the interstate movement of these articles; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the pine shoot beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section. The 
Administrator will give a copy of this regulation along with a written 
notice of this temporary designation to the owner or person in 
possession of the nonquarantined area; thereafter, the interstate 
movement of any regulated article from an area temporarily designated as 
a quarantined area is subject to this subpart. As soon as practicable, 
this area will be added to the list in paragraph (c) of this section, or 
the designation will be terminated by the Administrator or an inspector. 
The owner or person in possession of an area for which designation is 
terminated will be given notice of the termination as soon as 
practicable.
    (c) The areas described below are designated as quarantined areas:

                                Illinois

Boone County. The entire county.
Bureau County. The entire county.
Champaign County. The entire county.
Cook. The entire county.
De Kalb County. The entire county.
Du Page. The entire county.
Grundy County. The entire county.
Iroquois. The entire county.
Kane County. The entire county.
Kankakee. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Ogle County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Stephenson County. The entire county.
Vermilion County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.

                                 Indiana

Adams County. The entire county.
Allen County. The entire county.
Benton. The entire county.
Blackford County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
De Kalb. The entire county.
Delaware. The entire county.
Elkhart County. The entire county.
Fountain County. The entire county.
Fulton County. The entire county.
Grant. The entire county.
Hancock County. The entire county.
Howard County. The entire county.
Huntington. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marshall County. The entire county.
Miami. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Randolph County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe. The entire county.
Tipton County. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White. The entire county.
Whitley County. The entire county.

                                Maryland

Allegany County. The entire county.

[[Page 33]]

Garrett County. The entire county.
Washington County. The entire county.

                                Michigan

Alcona County. The entire county.
Allegan. The entire county.
Alpena County. The entire county.
Antrim County. The entire county.
Barry. The entire county.
Bay County. The entire county.
Benzie County. The entire county.
Berrien County. The entire county.
Branch. The entire county.
Calhoun. The entire county.
Cass County. The entire county.
Charlevoix County. The entire county.
Chippewa County. The entire county.
Clare County. The entire county.
Clinton. The entire county.
Crawford County. The entire county.
Delta County. The entire county.
Eaton. The entire county.
Emmet County. The entire county.
Genesee. The entire county.
Gladwin County. The entire county.
Grand Traverse County. The entire county.
Gratiot. The entire county.
Hillsdale. The entire county.
Huron County. The entire county.
Ingham County. The entire county.
Ionia. The entire county.
Isabella. The entire county.
Jackson. The entire county.
Kalamazoo. The entire county.
Kalkasa County. The entire county.
Kent County. The entire county.
Lake County. The entire county.
Lapeer County. The entire county.
Leelanau County. The entire county.
Lenawee. The entire county.
Livingston. The entire county.
Luce County. The entire county.
Mackinac County. The entire county.
Macomb. The entire county.
Manistee County. The entire county.
Marquette County. The entire county.
Mason County. Then entire county.
Mecosta County. The entire county.
Midland. The entire county.
Missaukee County. The entire county.
Monroe County. The entire county.
Montcalm. The entire county.
Montmorency County. The entire county.
Muskegon County. The entire county.
Newaygo County. The entire county.
Oakland. The entire county.
Oceana County. The entire county.
Ogemaw County. The entire county.
Osceola County. The entire county.
Oscoda County. The entire county.
Otsego County. The entire county.
Ottawa County. The entire county.
Presque Isle County. The entire county.
Saginaw. The entire county.
Schoolcraft County. The entire county.
St. Clair County. The entire county.
St. Joseph County. The entire county.
Sanilac County. The entire county.
Shiawassee. The entire county.
Tuscola. The entire county.
Van Buren. The entire county.
Washtenaw. The entire county.
Wayne. The entire county.
Wexford County. The entire county.

                                New York

Allegany County. The entire county.
Cattaraugus. The entire county.
Cayuga County. The entire county.
Chautauqua. The entire county.
Chemung County. The entire county.
Cortland County. The entire county.
Erie County. The entire county.
Genesee. The entire county.
Livingston. The entire county.
Monroe. The entire county.
Niagara County. The entire county.
Onondaga County. The entire county.
Ontario. The entire county.
Orleans. The entire county.
Oswego County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Stuben County. The entire county.
Tomkins County. The entire county.
Wayne County. The entire county.
Wyoming. The entire county.
Yates County. The entire county.

                                  Ohio

Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.
Mercer County. The entire county.

[[Page 34]]

Morgan County. The entire county.
Morrow County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Portage County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.

                              Pennsylvania

Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Blair County. The entire county.
Butler County. The entire county.
Cambria County. The entire county.
Cameron County. The entire county.
Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Forest County. The entire county.
Greene County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Somerset County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.

                              West Virginia

Brooke County. The entire county.
Hancock County. The entire county.
Ohio County. The entire county.
Tyler County. The entire county.

                                Wisconsin

Grant County. The entire county.
(d) A map of the quarantined areas follows:
[GRAPHIC] [TIFF OMITTED] TR07MY98.007

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 
30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 
2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 
1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999]

[[Page 35]]



Sec. 301.50-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.50-5 and 301.50-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1)(i) The regulated article originates outside any quarantined area 
and is moved through the quarantined area without stopping (except for 
dropoff loads, refueling, or traffic conditions, such as traffic lights 
or stop signs) during October, November, or December, or when ambient 
air temperature is below 10  deg.C (50  deg.F); or
    (ii) The regulated article originates outside any quarantined area 
and, during the period of January through September, is moved through 
the quarantined area at a temperature higher than 10  deg.C (50  deg.F), 
if the article is shipped in an enclosed vehicle or completely covered 
(such as with plastic, canvas, or other closely woven cloth) so as to 
prevent access by the pine shoot beetle; and
    (2) The point of origin of the regulated article is indicted on the 
waybill.
    (c) With a limited permit issued by the Administrator if the 
regulated article is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Under conditions, specified on the permit, which the 
Administrator has found to be adequate to prevent the spread of the pine 
shoot beetle; and
    (3) With a tag or label, bearing the number of the permit issued for 
the regulated article, attached to the outside of the container of the 
regulated article or attached to the regulated article itself, if the 
regulated article is not in a container.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]



Sec. 301.50-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate will be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting the 
local offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.50-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, if the regulated 
article is a greenhouse-grown pine (such as bonsai), that the greenhouse 
is free from the pine shoot beetle and is screened to prevent entry of 
the pine shoot beetle; or
    (iii) Based on inspection of the regulated article, if the regulated 
article is a pine seedling or a pine transplant and is no greater than 
36 inches high with a bole diameter at soil level of 1 inch or less, 
that it is free from the pine shoot beetle; or
    (iv) Based on inspection by an inspector (branch tip-by-branch tip) 
of pine nursery stock, that it is free from the pine shoot beetle; or
    (v) If the regulated article is a pine log with bark attached or 
pine lumber with bark attached or a pine stump, that its source tree has 
been felled during the period of July through October; and
    (2)(i) The regulated article will be moved through the quarantined 
area during October, November, or December, or when the ambient air 
temperature is below 10  deg.C (50  deg.F); or
    (ii) The regulated article will be moved through the quarantined 
area during the period of January through September, if the ambient air 
temperature is 10  deg.C (50  deg.F) or higher, in an enclosed vehicle 
or completely enclosed by a covering adequate to prevent access by the 
pine shoot beetle; or
    (iii) The pine log with bark attached, pine lumber with bark 
attached, or

[[Page 36]]

pine stump, from a tree felled during the period of July through 
October, will be shipped interstate from the quarantined area during the 
period of July through October; and
    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose, under 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to 
prevent the spread of the pine shoot beetle; and
---------------------------------------------------------------------------

    \4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) 
provides that the Secretary of Agriculture may--under certain 
conditions--seize, quarantine, treat, destroy, or apply other remedial 
measures to articles that the Administrator has reason to believe are 
infested, infected by, or contain plant pests.
---------------------------------------------------------------------------

    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated articles.
    (b) An inspector \5\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (1)(i) The regulated article is to be moved interstate to a 
specified destination for specified handling, processing, or utilization 
(the destination and other conditions to be listed in the limited 
permit), and this interstate movement will not result in the spread of 
the pine shoot beetle. If the regulated article is part of a shipment of 
pine Christmas trees, the inspector will make a pest-risk determination 
on the basis of an inspection conducted in accordance with Sec. 301.50-
5(c) of this paragraph; or
    (ii) The regulated article is to be moved interstate from a 
quarantined area to a quarantined area and will transit any non-
quarantined area in an enclosed vehicle or completely enclosed by a 
covering adequate to prevent access by the pine shoot beetle; and
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose, under 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent 
the spread of the pine shoot beetle; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) The number of pine Christmas trees randomly selected for 
inspection is determined by the size and type of shipment, in accordance 
with the following tables. If a shipment mixes painted and natural 
trees, the inspection procedure for painted trees will apply.

       Table 1--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-72...........................      All  701-800..............      120
73-100.........................       73  801-900..............      121
101-200........................       96  901-1,000............      122
201-300........................      106  1,001-2,000..........      126
301-400........................      111  2,001-3,000..........      127
401-500........................      115  3,001-5,000..........      128
501-600........................      117  5,001-10,000.........      129
601-700........................      119  10,001 or more.......      130
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''


            Table 2--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-57...........................      All  501-600..............       80
58-100.........................       58  601-700..............       81
101-200........................       69  701-1,000............       82
201-300........................       75  1,001-3,000..........       84
301-400........................       77  3,001-10,000.........       85
401-500........................       79  10,001 or more.......       86
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''

    (d) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section. A person

[[Page 37]]

operating under a compliance agreement may issue a limited permit for 
interstate movement of a regulated article when an inspector has 
determined that the regulated article is eligible for a limited permit 
in accordance with paragraph (b) of this section.
    (e) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally, or in writing, if he or she determines 
that the holder of the certificate or limited permit has not complied 
with all conditions under this subpart for the use of the certificate or 
limited permit. If the withdrawal is oral, the withdrawal and the 
reasons for the withdrawal shall be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit has 
been withdrawn may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification of the 
withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning such a hearing 
will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 
30, 1994]



Sec. 301.50-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation shall be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision. A hearing will be held to 
resolve any conflict as to any material fact. Rules of practice 
concerning such a hearing will be adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 
59 FR 67608, Dec. 30, 1994]



Sec. 301.50-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.50-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector,\7\ at least 48 hours in advance of the 
desired interstate movement.
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must be attached,

[[Page 38]]

at all times during the interstate movement, to the outside of the 
container containing the regulated article, or to the regulated article 
itself, if not in a container. The requirements of this section may also 
be met by attaching the certificate or limited permit to the consignee's 
copy of the waybill, provided the regulated article is sufficiently 
described on the certificate or limited permit and on the waybill to 
identify the regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.



Sec. 301.50-10  Treatments.

    (a) Fumigation is authorized for use on pine logs with bark 
attached, pine lumber with bark attached, pine bark nuggets (including 
bark chips), and pine stumps, as follows: Logs, lumber, and stumps may 
be treated with methyl bromide at normal atmospheric pressure with 48 g/
m3 (3 lb/1000 ft3) for 16 hours at 21  deg.C (70 
deg.F) or above, or 80 g/m3 (5 lb/1000 ft3) for 16 
hours at 4.5 - 20.5  deg.C (40 - 69  deg.F.).
    (b) Cold treatment is authorized for cut pine Christmas trees, pine 
nursery stock, pine wreaths and garlands, and raw pine materials for 
pine wreaths and garlands as follows: The regulated articles must be 
loaded into a refrigeration unit and held at -20.6  deg.C (-5  deg.F) 
for one hour; the period before the refrigeration unit reaches the 
specified temperature is not part of the treatment period.
    (c) Any one of these fumigation treatments is authorized for use on 
cut pine Christmas trees, pine wreaths and garlands, and raw pine 
materials for pine wreaths and garlands. Cut pine Christmas trees, pine 
wreaths and garlands, and raw pine materials for pine wreaths and 
garlands may be treated with methyl bromide at normal atmospheric 
pressure as follows:

----------------------------------------------------------------------------------------------------------------
                                                Dosage:                 Concentration readings: ounces per 1000
                                              pounds per   Exposure:                   feet \3\
                 Temperature                   1000 feet     hours   -------------------------------------------
                                                  \3\                   2.0 hr     3.0 hr     3.5 hr     4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49  deg.F................................         4.0         4.0         57         --         --         48
50-59  deg.F................................         4.0         3.5         57         --         48         --
50-59  deg.F................................         3.5         4.0         50         --         --         42
60  deg.F+..................................         4.0         3.0         57         48         --         --
60  deg.F+..................................         3.0         4.0         43         --         --        36
----------------------------------------------------------------------------------------------------------------
Note: APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects
  of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of
  phytotoxic effects.


[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781, 
Nov. 3, 1995]



                    Subpart--Asian Longhorned Beetle

    Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.



Sec. 301.51-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Asian longhorned beetle. The insect known as Asian longhorned beetle 
(Anoplophora glabripennis) in any stage of development.

[[Page 39]]

    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.51-5(a).
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Infestation. The presence of the Asian longhorned beetle in any life 
stage.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to enforce 
the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that the 
regulated article not eligible for a certificate is eligible for 
interstate movement only to a specified destination and in accordance 
with conditions specified on the permit.
    Moved (movement, move). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.51-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.51-2(a) of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec. 301.51-2(b) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.51-2  Regulated articles.

    The following are regulated articles:
    (a) Firewood (all hardwood species), and green lumber and other 
material living, dead, cut, or fallen, inclusive of nursery stock, logs, 
stumps, roots, branches, and debris of half an inch or more in diameter 
of the following genera: Acer (maple), Aesculus (horse chestnut), Betula 
(birch), Hibiscus syriacus L. (Rose of Sharon), Malus (apple), Melia 
(chinaberry), Morus (mulberry), Populus (poplar), Prunus (cherry), Pyrus 
(pear), Robinia (locust), Salix (willow), Ulmus (elm), and Citrus.
    (b) Any other article, product, or means of conveyance not covered 
by paragraph (a) of this section if an inspector determines that it 
presents a risk of spreading Asian longhorned beetle and notifies the 
person in possession of the article, product, or means of conveyance 
that it is subject to the restrictions of this subpart.

[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997]



Sec. 301.51-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section, each State or each portion of a State in which the Asian 
longhorned beetle has been found by an inspector, in which the 
Administrator has reason to believe that the Asian longhorned beetle is 
present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities where Asian longhorned beetle has been found. Less than an 
entire State will be designated as a quarantined area only if the 
Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated articles that are equivalent to those 
imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than an entire State as a quarantined 
area will be adequate to prevent the artificial interstate spread of the 
Asian longhorned beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria

[[Page 40]]

specified in paragraph (a) of this section. The Administrator will give 
written notice of this designation to the owner or person in possession 
of the nonquarantined area, or, in the case of publicly owned land, to 
the person responsible for the management of the nonquarantined area. 
Thereafter, the interstate movement of any regulated article from an 
area temporarily designated as a quarantined area is subject to this 
subpart. As soon as practicable, this area either will be added to the 
list of designated quarantined areas in paragraph (c) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (c) The following areas are designated as quarantined areas:

                                Illinois

    City of Chicago. That area in the Ravenswood community in the city 
of Chicago that is bounded as follows: Beginning at the intersection of 
Kedzie and Bryn Mawr; then east along Bryn Mawr to the end; then east 
along an imaginary line to the shoreline of Lake Michigan; then south 
from the intersection of Kedzie and Bryn Mawr, along Kedzie to Diversey 
Parkway; then east along Diversey Parkway to the end; then east along an 
imaginary line to the shoreline of Lake Michigan; then north along the 
shoreline of Lake Michigan to the point of beginning.
    DuPage County. That area near Addison in DuPage County that is 
bounded as follows: Beginning at the intersection of Fullerton Avenue 
and Swift Road; then east along Fullerton Avenue to Lombard Road; then 
north along Lombard Road to Army Trail; then west along Army Trail to 
Swift Road; then south along Swift Road to the point of beginning.
    Village of Summit. That area in the Village of Summit that is 
bounded as follows: Beginning at the intersection of Archer and 59th 
Street; then south along Archer to 67th Street; then east along 67th 
Street to the end; then east along the railroad tracks to Sayre; then 
north along Sayre to 59th Street; then west along 59th Street to the 
point of beginning.

                                New York

    New York City. That area in the boroughs of Brooklyn and Queens in 
the city of New York that is bounded as follows: Beginning at the point 
where the Manhattan Bridge intersects the bank of the East River; then 
south from the Manhattan Bridge along Flatbush Avenue to Lafayette 
Avenue; then east along Lafayette Avenue to Himrod Street; then 
northeast along Himrod Street to Myrtle Avenue; then east along Myrtle 
Avenue to Fresh Pond Road; then north along Fresh Pond Road to Flushing 
Avenue; then northeast along Flushing Avenue to Grand Avenue; then 
northeast along Grand Avenue to 69th Street; then north along 69th 
Street to 37th Avenue; then east along 37th Avenue to 70th Street; then 
north along 70th Street to Northern Boulevard; then west along Northern 
Boulevard to Queens Plaza North; then west along Queens Plaza North to 
the point where the Queensborough Bridge intersects the bank of the East 
River; then south and west along the bank of the East River to the point 
of beginning.
    That area in the borough of Queens in the city of New York that is 
bounded as follows: Beginning at the point where Utopia Parkway 
intersects the shoreline of Little Bay; then south along Utopia Parkway 
to the Grand Central Parkway; then east along the Grand Central Parkway 
to the New York City/Nassau County line; then northwest along the New 
York City/Nassau County line to the shoreline of Little Neck Bay; then 
west along the shorelines of Little Neck Bay, Willets Point, and Little 
Bay to the point of beginning.
    Nassau and Suffolk Counties. That area in the villages of 
Amityville, West Amityville, North Amityville, Babylon, West Babylon, 
Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa; 
in the towns of Oyster Bay and Babylon; in the counties of Nassau and 
Suffolk that is bounded as follows: Beginning at the point where West 
Main Street intersects the west bank of Carlis

[[Page 41]]

Creek; then west along West Main Street to Route 109; then north along 
Route 109 to Arnold Avenue; then northwest along Arnold Avenue to Albin 
Avenue; then west along Albin Avenue to East John Street; then west 
along East John Street to Wellwood Avenue; then south along Wellwood 
Avenue to West Hoffman Avenue; then west along West Hoffman Avenue to 
Marconi Boulevard; then west along Marconi Boulevard to Great Neck Road; 
then north and northwest along Great Neck Road to the Southern State 
Parkway; then west along the Southern State Parkway to Broadway; then 
south along Broadway to Hicksville Road; then south along Hicksville 
Road to Division Avenue; then south along Division Avenue to the 
shoreline of South Oyster Bay; then east along the shoreline of South 
Oyster Bay to Carlis Creek; then north along the west bank of Carlis 
Creek to the point of beginning.

[62 FR 10416, Mar. 7, 1997, as amended at 63 FR 63387, Nov. 13, 1998; 64 
FR 28715, May 27, 1999]



Sec. 301.51-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined 
area only if moved under the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.51-5 and 301.51-8;
    (2) Without a certificate or limited permit if:
    (i) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (ii) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (A) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (B) The regulated article is moved through the quarantined area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of infestation by Asian 
longhorned beetle; and
    (C) The article has not been combined or commingled with other 
articles so as to lose its individual identity.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article interstate, the 
inspector is authorized to stop the person or means of conveyance to 
determine whether a regulated article is present and to inspect the 
regulated article. Articles found to be infected by an inspector, and 
articles not in compliance with the regulations in this subpart, may be 
seized, quarantined, treated, subjected to other remedial measures, 
destroyed, or otherwise disposed of.



Sec. 301.51-5   Issuance and cancellation of certificates and limited permits.

    (a) An inspector 1 or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:
---------------------------------------------------------------------------

    \1\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) Is apparently free of Asian longhorned beetle in any stage of 
development, based on inspection of the regulated article; or
    (ii) Has been grown, produced, manufactured, stored, or handled in 
such a manner that, in the judgment of the inspector, the regulated 
article does not present a risk of spreading Asian longhorned beetle; 
and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 105 of the 
Federal Plant Pest Act (7 U.S.C. 150dd) 2 in order to

[[Page 42]]

prevent the artificial spread of Asian longhorned beetle; and
---------------------------------------------------------------------------

    \2\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) 
provides that the Secretary of Agriculture may--under certain 
conditions--seize, quarantine, treat, destroy, or apply other remedial 
measures to articles that the Administrator has reason to believe are 
infested by, infected by, or contain plant pests.
---------------------------------------------------------------------------

    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
articles.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if he or she determines that the 
regulated article:
    (1) Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and other 
conditions to be listed on the limited permit), and this interstate 
movement will not result in the spread of Asian longhorned beetle 
because Asian longhorned beetle will be destroyed by the specific 
processing, handling, or utilization; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 105 of the 
Federal Plant Pest Act (7 U.S.C. 150dd) in order to prevent the spread 
of Asian longhorned beetle; and
    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.51-6 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the interstate 
movement of regulated articles that have met all of the requirements of 
paragraph (a) or (b), respectively, of this section.
    (d) Any certificate or limited permit may be canceled orally or in 
writing by an inspector whenever the inspector determines that the 
holder of the certificate or limited permit has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any person 
whose certificate or limited permit has been cancelled may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written cancellation notice. The appeal must state all of the facts 
and reasons that the person wants the Administrator to consider in 
deciding the appeal. A hearing may be held to resolve a conflict as to 
any material fact. Rules of practice for the hearing will be adopted by 
the Administrator. As soon as practicable, the Administrator will grant 
or deny the appeal, in writing, stating the reasons for the decision.



Sec. 301.51-6   Compliance agreements and cancellation.

    (a) Persons engaged in growing, handling, or moving regulated 
articles interstate may enter into a compliance agreement 3 
if such persons review with an inspector each stipulation of the 
compliance agreement. Any person who enters into a compliance agreement 
with APHIS must agree to comply with the provisions of this subpart and 
any conditions imposed under this subpart.
---------------------------------------------------------------------------

    \3\ Compliance agreements may be initiated by contacting a local 
office of APHIS. The addresses and telephone numbers of local offices 
are listed in local telephone directories and may also be obtained from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector determines that the person who has 
entered into the compliance agreement has not complied with this subpart 
or any conditions imposed under this subpart. If the cancellation is 
oral, the cancellation will become effective immediately, and the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as soon as circumstances permit. Any person whose compliance 
agreement has been cancelled may appeal the decision in writing to the 
Administrator within 10 days after receiving the written cancellation 
notice. The appeal must state all of the facts and reasons that the 
person

[[Page 43]]

wants the Administrator to consider in deciding the appeal. A hearing 
may be held to resolve a conflict as to any material fact. Rules of 
practice for the hearing will be adopted by the Administrator. As soon 
as practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.



Sec. 301.51-7   Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector 4 at least 48 hours before the 
services are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner that the inspector designates as necessary to comply with this 
subpart.



Sec. 301.51-8   Attachment and disposition of certificates and limited permits.

    (a) A regulated article must be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
must have the certificate or limited permit issued for the interstate 
movement of a regulated article securely attached at all times during 
interstate movement to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill; Provided, that 
the description of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the destination of the shipment.



Sec. 301.51-9   Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.



                         Subpart--Pink Bollworm

    Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.52  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. The following States are quarantined to 
prevent the spread of the pink bollworm (Pectinophora gossypiella 
(Saund.)): Arizona, Arkansas, California, New Mexico, Oklahoma, and 
Texas.
    (b) Regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any regulated article, except in 
accordance with this subpart. The following are regulated articles:
    (1) Cotton and wild cotton, including all parts of these plants.
    (2) Seed cotton.
    (3) Cottonseed.
    (4) American-Egyptian (long-staple) varieties of cotton lint, 
linters, and lint cleaner waste; except:\1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and must have not been exposed to 
pink bollworm infestation after ginning or compression as prescribed.
---------------------------------------------------------------------------

    (i) American-Egyptian cotton lint, linters, and lint cleaner waste 
compressed to a density of at least 22 pounds per cubic foot.
    (ii) Trade samples of American-Egyptian cotton lint and linters.
    (5) Cotton waste produced at cotton gins and cottonseed oil mills.
    (6) Cotton gin trash.
    (7) Used bagging and other used wrappers for cotton.
    (8) Used cotton harvesting equipment and used cotton ginning and 
used cotton oil mill equipment.
    (9) Kenaf, including all parts of the plants.
    (10) Okra, including all parts of these plants, except:
    (i) Canned or frozen okra; or
    (ii) Okra seed; and
    (iii) Fresh, edible fruits of okra:
    (A) During December 1 through May 15 if moved interstate, but only 
during January 1 through March 15 if moved to California.

[[Page 44]]

    (B) During May 16 through November 30, if moved interstate to any 
portion of Illinois, Kentucky, Missouri, or Virginia that is north of 
the 38th parallel; or to any destination in Colorado, Connecticut, 
Delaware, District of Columbia, Idaho, Indiana, Iowa, Kansas, Maine, 
Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New 
Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, 
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington, 
West Virginia, Wisconsin, or Wyoming.
    (11) Any other product, article, or means of conveyance not covered 
by paragraphs (b) (1) through (10) of this section, when an inspector 
determines that it presents a risk of spread of the pink bollworm and 
the person in possession of the product, article, or means of conveyance 
has actual notice that it is subject to the restrictions of this 
subpart.

[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983; 
49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb. 
18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR 
31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23, 
1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR 
23945, May 2, 1997]



Sec. 301.52-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively to 
mean:
    (a) Certificate. A document issued or authorized to be issued under 
this subpart by an inspector to allow the interstate movement of 
regulated articles to any destination.
    (b) Compliance agreement. A written agreement between a person 
engaged in growing, handling, or moving regulated articles, and the 
Plant Protection and Quarantine Programs, wherein the former agrees to 
comply with the requirements of this subpart identified in the agreement 
by the inspector who executes the agreement on behalf of the Plant 
Protection and Quarantine Programs as applicable to the operations of 
such person.
    (c) Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said Service to whom authority to act in his stead has been 
or may hereafter be delegated.
    (d) Generally infested area. Any part of a regulated area not 
designated as a suppressive area in accordance with Sec. 301.52-2.
    (e) Infestation. The presence of the pink bollworm or the existence 
of circumstances that make it reasonable to believe that pink bollworm 
is present.
    (f) Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person authorized by the Deputy Administrator to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    (g) Interstate. From any State, territory, or district of the United 
States into or through any other State, territory, or district of the 
United States (including Puerto Rico).
    (h) Limited permit. A document issued or authorized to be issued by 
an inspector to allow the interstate movement of noncertified regulated 
articles to a specified destination for limited handling, utilization, 
or processing or for treatment.
    (i) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved by any 
means. ``Movement'' and ``move'' shall be construed accordingly.
    (j) Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    (k) Pink bollworm. The live insect known as the pink bollworm of 
cotton (Pectinophora gossypiella Saund.), in any stage of development.
    (l) Regulated area. Any quarantined State, territory, or district, 
or any portion thereof, listed as a regulated area in Sec. 301.52-2a by 
the Deputy Administrator in accordance with Sec. 301.52-2(a).

[[Page 45]]

    (m) Regulated articles. Any articles described in Sec. 301.52(b).
    (n) Restricted destination permit. A document issued or authorized 
to be issued by an inspector to allow the interstate movement of 
regulated articles not certified under all applicable Federal domestic 
plant quarantines to a specified destination for other than scientific 
purposes.
    (o) Scientific permit. A document issued by the Deputy Administrator 
to allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    (p) Suppressive area. That part of a regulated area where 
eradication of infestation is undertaken as an objective, as designated 
by the Deputy Administrator under Sec. 301.52-2(a).
    (q) Treatment manual. The provisions currently contained in the 
``Plant Protection and Quarantine Treatment Manual'' and any amendments 
thereto. \2\
---------------------------------------------------------------------------

    \2\ A pamphlet containing such provisions is available, upon 
request, from the Deputy Administrator, Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, or from an inspector.

[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 
17, 1987]



Sec. 301.52-2  Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.

    The Deputy Administrator shall publish and amend from time to time 
as the facts warrant, the following lists:
    (a) List of regulated areas and suppressive or generally infested 
areas. The Deputy Administrator shall list as regulated areas in a 
supplemental regulation designated as Sec. 301.52-2a, the quarantined 
States, territories, or districts, or portions thereof, in which pink 
bollworm has been found or in which there is reason to believe that pink 
bollworm is present, or which it is deemed necessary to regulate because 
of their proximity to infestation or their inseparability for quarantine 
enforcement purposes from infested localities. The Deputy Administrator, 
in the supplemental regulation, may divide any regulated area into a 
suppressive area and a generally infested area in accordance with the 
definitions thereof in Sec. 301.52-1. Less than an entire quarantined 
State, territory, or district will be designated as a regulated area 
only if the Deputy Administrator is of the opinion that:
    (1) The State, territory, or district has adopted and is enforcing a 
quarantine or regulations which imposes restrictions on the intrastate 
movement of the regulated articles which are substantially the same as 
those which are imposed with respect to the interstate movement of such 
articles under this subpart; and
    (2) The designation of less than the entire State, territory, or 
district, as a regulated area will otherwise be adequate to prevent the 
interstate spread of the pink bollworm.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]



Sec. 301.52-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and part of civil divisions described below are 
designated as pink bollworm regulated areas within the meaning of the 
provisions of this subpart; and such regulated areas are hereby divided 
into generally infested areas or suppressive areas as indicated below.

                                 Arizona

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                                Arkansas

    (1) Generally infested area. None.
    (2) Suppressive area.
    Poinsett County. T. 12N., R 5E.; Sections 22, 23, 24, 25, 26, 27, 
34, 35, and 36.

                               California

    (1) Generally infested area.
    Imperial County. The entire county.
    Inyo County. The entire county.
    Los Angeles County. The entire county.
    Orange County. The entire county.
    Riverside County. The entire county.
    San Bernardino County. The entire county.
    San Diego County. The entire county.
    (2) Suppressive area.
    Fresno County. The entire county.
    Kern County. The entire county.
    Kings County. The entire county.
    Madera County. The entire county.

[[Page 46]]

    Merced County. The entire county.
    San Benito County. The entire county.
    Tulare County. The entire county.

                               New Mexico

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                                Oklahoma

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                                  Texas

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

[42 FR 13533, Mar. 11, 1977]


    Editorial Note: For Federal Register citations affecting 
Sec. 301.52-2a, see the List of CFR Sections Affected in the Finding 
Aids section of this volume.



Sec. 301.52-3  Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated articles may be moved interstate from any quarantined 
State under the following conditions:
    (a) From any regulated area, with certificate or permit issued and 
attached in accordance with Secs. 301.52-4 and 301.52-7 if moved:
    (1) From any regulated area into or through any point outside of the 
regulated areas; or
    (2) From any generally infested area into or through any suppressive 
area; or
    (3) Between any noncontiguous suppressive areas; or
    (4) Between contiguous suppressive areas when it is determined by 
the inspector that the regulated articles present a hazard of the spread 
of the pink bollworm and the person in possession thereof has been so 
notified; or
    (b) From any regulated area, without certificate or permit if moved;
    (1) From a generally infested area to a contiguous generally 
infested area; or
    (2) From a suppressive area to a contiguous generally infested area; 
or
    (3) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the pink bollworm exists; or
    (4) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (c) From any area outside the regulated areas, without a certificate 
or permit if the point of origin of such movement is clearly indicated 
on the articles or shipping document which accompanies the articles and 
if the movement is not made through any regulated area.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]



Sec. 301.52-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles by any 
inspector if he determines that they are eligible for certification for 
movement to any destination under all Federal domestic plant quarantines 
applicable to such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Upon examination, have been found to be free of infestation; or
    (3) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (4) Have been grown, produced, manufactured, stored, or handled in 
such manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles, not eligible for 
certification under this subpart, to specified destinations for limited 
handling, utilization, or processing, or for treatment in accordance 
with the treatment manual, when upon evaluation of the circumstances 
involved in each specific case he determines that such movement will not 
result in the spread of the pink bollworm and requirements of other 
applicable Federal domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow

[[Page 47]]

the interstate movement of regulated articles to any destination 
permitted under all applicable Federal domestic plant quarantines (for 
other than scientific purposes) if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits may be issued by the Deputy Administrator to 
allow the interstate movement of regulated articles for scientific 
purposes under such conditions as may be prescribed in each specific 
case by the Deputy Administrator.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments provided such person is operating under a 
compliance agreement; and any such person may be authorized by an 
inspector to reproduce such forms on shipping containers or otherwise. 
Any such person may use the certificate forms, or reproductions of such 
forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement if such 
person has made one of the determination specified in paragraph (a) of 
this section with respect to such articles. Any such person may use the 
limited permit forms, or reproductions of such forms, for interstate 
movement of regulated articles to specific destinations authorized by 
the inspector in accordance with paragraph (b) of this section. Any such 
person may use the restricted destination permit forms, or reproductions 
of such forms, for the interstate movement of regulated articles not 
eligible for certification under all Federal domestic plant quarantines 
applicable to such articles, under the conditions specified in paragraph 
(c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector if he determines that the holder 
thereof has not complied with any condition for the use of such document 
imposed by this subpart.



Sec. 301.52-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be cancelled by the inspector who 
is supervising its enforcement whenever he finds, after notice and 
reasonable opportunity to present views has been accorded to the other 
party thereto, that such other party has failed to comply with the 
conditions of the agreement.



Sec. 301.52-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.52-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
manner as the inspector designates to facilitate inspection.



Sec. 301.52-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.

[[Page 48]]



Sec. 301.52-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and pink bollworms as provided in section 10 of the 
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Plant Pest 
Act (7 U.S.C. 150dd), in accordance with instructions issued by the 
Deputy Administrator.



Sec. 301.52-9  Movement of live pink bollworms.

    Regulations requiring a permit for, and otherwise governing the 
movement of live pink bollworms in interstate or foreign commerce are 
contained in the Federal Plant Pest regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.52-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



          Subpart--Mexican Fruit Fly Quarantine and Regulations

    Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.



Sec. 301.64  Quarantine and regulations; restrictions on interstate movement of regulated articles.1,2
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest 
Act (7 U.S.C. 150dd, 150ff).
    2 Regulations concerning the movement of live Mexican 
fruit flies in interstate or foreign commerce are contained in part 330 
of this chapter.
---------------------------------------------------------------------------

    (a) Quarantine and regulations. The Secretary of Agriculture hereby 
quarantines the State of Texas in order to prevent the artificial spread 
of the Mexican fruit fly, a dangerous plant pest not heretofore widely 
prevalent or distributed within and throughout the United States; and 
hereby establishes regulations governing the interstate movement of 
regulated articles specified in Sec. 301.64-2.
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move from any regulated area any 
regulated article interstate into or through American Samoa, Arizona, 
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana 
Islands, Puerto Rico, Texas, and the Virgin Islands of the United 
States, except in accordance with the conditions prescribed in this 
subpart.

[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50 
FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov. 
15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103, 
Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62 
FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997; 64 FR 40282, July 
26, 1999]



Sec. 301.64-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as a plural and vice versa, as the case may demand. The following terms, 
when used in this subpart, shall be construed, respectively, to mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.64-5(c).
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
    Core area. The 1 square mile area surrounding each property where 
Mexican fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of a Mexican fruit fly 
life cycle.

[[Page 49]]

Day degrees are the product of the following formula, with all 
temperatures measured in  deg.F:

(Minimum Daily Temp + Maximum Daily Temp)/2)-54 deg.=Day Degrees.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service for Plant Protection and Quarantine, or 
any officer or employee of the Department to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    Infestation. The presence of the Mexican fruit fly or the existence 
of circumstances that make it reasonable to believe that the Mexican 
fruit fly is present.
    Inspector. Any employee of Plant Protection and Quarantine, Animal 
and Plant Health Inspection Service, U.S. Department of Agriculture, or 
other person, authorized by the Deputy Administrator in accordance with 
law to enforce the provisions of the quarantines and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that such regulated article is eligible for 
interstate movement in accordance with Sec. 301.64-5(b).
    Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha 
ludens (Loew)) in any stage of development.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Quarantine Act, the Federal Plant Pest Act, and related 
legislation, and quarantines and regulations promulgated thereunder.
    Regulated area. Any State, or any portion thereof, listed in 
Sec. 301.64-3(c) or otherwise designated as a regulated area in 
accordance with Sec. 301.64-3(b).
    Regulated article. Any article listed in Sec. 301.64-2 of otherwise 
designated as a regulated article in accordance with Sec. 301.64-2(c).
    State. Each of the several States of the United States, the District 
of Columbia, Guam, Northern Mariana Islands, Puerto Rico, the Virgin 
Islands of the United States and all other territories and possessions 
of the United States.

[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992]



Sec. 301.64-2  Regulated articles.

    (a) The following fruits are regulated articles:

Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Lemon (Citrus limon) except Eureka, Lisbon, and Villa Franca cultivars 
(smooth-skinned sour lemon)
Lime (Citrus aurantiifolia) except sour limes
Mamey (Mammea americana)
Mandarin orange (tangerine) (Citrus reticulata)
Mango (Mangifera indica)
Nectarine (Prunus persica)
Peach (Prunus persica)
Pear (Pyrus communis)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune, Plum (Prunus domestica)
Plummelo (Shaddock) (Citrus maxima)
Quince (Cydonia oblonga)
Rose apple (Syzygium jambos (Eugenia jambos))
Sour orange (Citrus aurantium)
Sapote (Casimiroa spp.)
Sapota, Sapodilla (Sapotaceae)
Sargentia, yellow chapote (Sargentia greggii)
Spanish plum, purple mombin or Ciruela (Spondias spp.)
Sweet orange (Citrus sinensis)


Except that the list does not include any fruits which have been canned, 
or frozen below -17.8 deg. C (0 deg. F);
    (b) Soil within the drip line of plants which are producing or have 
produced the fruits listed in paragraph (a) of this section, and

[[Page 50]]

    (c) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) or paragraph (b) of 
this section, when it is determined by an inspector that it presents a 
risk of spread of the Mexican fruit fly and the person in possession 
thereof has actual notice that the product, article or means of 
conveyance is subject to the restrictions of this section.

[48 FR 54580, Dec. 6, 1983, as amended at 64 FR 71269, Dec. 21, 1999]



Sec. 301.64-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, each quarantined State, or each portion thereof, in 
which the Mexican fruit fly has been found by an inspector or in which 
the Deputy Administrator has reason to believe that the Mexican fruit 
fly is present, or each portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to 
the Mexican fruit fly or its inseparability for quarantine enforcement 
purposes from localities in which the Mexican fruit fly occurs. Less 
than an entire quarantined State will be designated as a regulated area 
only if the Deputy Administrator determines that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the Mexican fruit fly.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such area. Written notice of such designation shall 
be given to the owner or person in possession of such nonregulated area, 
and, thereafter, the interstate movement of any regulated article from 
such area shall be subject to the applicable provisions of this subpart. 
As soon as practicable, such area shall be added to the list in 
paragraph (c) of this section or such designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas:

                               California

    San Bernardino and Riverside Counties. That portion of San 
Bernardino and Riverside Counties in the Bloomington area bounded by a 
line drawn as follows: Beginning at the intersection of Sierra Avenue 
and Foothill Boulevard; then east along Foothill Boulevard to Meridian 
Avenue; then south along Meridian Avenue to Mill Street; then east along 
Mill Street to Rancho Avenue; then south along Rancho Avenue to Laurel 
Street; then east along Laurel Street to Eighth Street; then south along 
Eighth Street to La Cadena Drive; then south along La Cadena Drive to 
Interstate Highway 10; then east along Interstate Highway 10 to Mount 
Vernon Avenue; then south along Mount Vernon Avenue to Interstate 
Highway 215; then southwest along Interstate Highway 215 to State 
Highway 91; then southwest along State Highway 91 to Mission Inn Avenue; 
then northwest along Mission Inn Avenue to Buena Vista Avenue; then 
northwest along Buena Vista Avenue to Mission Boulevard; then northwest 
along Mission Boulevard to Riverview Drive; then southwest along 
Riverview Drive to Limonite Avenue; then southwest along Limonite Avenue 
to Camino Real; then north along Camino Real to Red Mountain Drive; then 
west along Red Mountain Drive to Longs Peak Drive; then southwest along 
Longs Peak Drive to Tyrolite Street; then north along Tyrolite Street to 
Galena Street; then west along Galena Street to Agate Street; then north 
along Agate Street to Mission Boulevard; then west along Mission 
Boulevard to Pedley Road; then north along Pedley Road to Granite Hill 
Drive; then north along an imaginary line to the intersection of Cherry 
Avenue and Live Oak Avenue; then north along Live Oak Avenue to Boyle 
Avenue; then north along an imaginary line to the intersection of 
Washington Drive and Live Oak Avenue; then north along Live Oak Avenue 
to Valley Boulevard; then east along Valley Boulevard to Fontana Avenue; 
then northeast along Fontana Avenue to Citrus Avenue; then north along 
Citrus Avenue to Arrow Boulevard; then east along Arrow Boulevard to 
Sierra Avenue; then north along Sierra Avenue to the point of beginning.

[[Page 51]]

    San Diego and Riverside Counties. That portion of San Diego and 
Riverside Counties in the Fallbrook area bounded by a line drawn as 
follows: Beginning at the intersection of Rainbow Glen Road and 
Interstate Highway 15; then southwest along Interstate Highway 15 to Old 
Highway 395; then west and south along Old Highway 395 to Canonita 
Drive; then west along Canonita Drive to Tecalote Drive; then south 
along Tecalote Drive to Puerta Del Mundo; then northwest along Puerta 
Del Mundo to Peony Drive; then west along Peony Drive to Citrus Lane; 
then south along Citrus Lane to Citrus Drive; then south along Citrus 
Drive to Wilt Road; then west along Wilt Road to Laketree Drive; then 
southwest along Laketree Drive to Gird Road; then south along Gird Road 
to Knottwood Way; then west along Knottwood Way to Genista Place; then 
south along Genista Place to Brushwood Lane; then west and south along 
Brushwood Lane to Staghorn Court; then southwest along an imaginary line 
to the intersection of Linda Vista Drive and Via Monserate; then west 
along Via Monserate to Ramona Drive; then south along Ramona Drive to 
Hillrise Road; then west along Hillrise Road to La Canada Road; then 
west along La Canada Road to South Mission Road; then southwest along an 
imaginary line to the east end of Shady Hill Lane; then west along Shady 
Hill Lane to Gateview Drive; then southwest along Gateview Drive to 
Olive Hill Road; then north along Olive Hill Road to Morro Hills Road; 
then west along Morro Hills Road to Sleeping Indian Road; then west 
along Sleeping Indian Road to Conejo Road; then northwest along an 
imaginary line to the intersection of Fallbrook Road and Vandergrift 
Boulevard; then west along Vandergrift Boulevard to Camp De Luz Road; 
then north along Camp De Luz Road to the intersection of the boundary 
line for the Camp Pendleton Marine Corps Base and De Luz Road; then 
northeast along De Luz Road to Daily Road; then northeast along Daily 
Road to Lynda Road; then northeast along Lynda Road to Sandia Creek 
Drive; then east and south along Sandia Creek Drive to Rock Mountain 
Drive; then east along Rock Mountain Drive to the Riverside/San Diego 
County line; then southeast along an imaginary line to the intersection 
of Stage Coach Lane and the Riverside/San Diego County line; then east 
along the Riverside/San Diego County line to the second unnamed road 
(near gate); then south along the second unnamed road (near gate) to 
Rainbow Glen Road; then southeast along Rainbow Glen Road to the point 
of beginning.

                                  Texas

    Cameron County. The entire county.
    Hidalgo County. The entire county.
    Willacy County. The entire county.

[48 FR 54580, Dec. 6, 1983]

    Editorial Note: For Federal Register citations affecting 
Sec. 301.64-3, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 301.64-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State into or through those areas listed in 
Sec. 301.64(b) of this subpart only if moved under the following 
conditions: \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.64-5 and 301.64-8;
    (b) Without a certificate or limited permit, if:
    (1) Moved to any State not listed in Sec. 301.64(b) or
    (2)(i) Moved directly through (moved without stopping except under 
normal traffic conditions, such as for traffic lights or stop signs) any 
regulated area in an enclosed vehicle or completely enclosed by a 
covering adequate to prevent the introduction of the Mexican fruit fly 
(such as canvas, plastic , or closely woven cloth), and
    (ii) The article originated outside of any regulated area, and
    (iii) The point of origin of the article is clearly indicated by 
shipping documents and its identity has been maintained.

[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992]



Sec. 301.64-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector for the movement 
of a regulated article if such inspector:
    (1)(i) Determines that it has been treated under the direction of an 
inspector 4 in accordance with Sec. 301.64-10; or
---------------------------------------------------------------------------

    4 Treatments shall be monitored by inspectors in order to 
assure compliance with the requirements in this subpart.

---------------------------------------------------------------------------

[[Page 52]]

    (ii) Determines based on inspection of the premises of origin that 
the premises are free from the Mexican fruit fly and the article has not 
been exposed to Mexican fruit fly; or
    (iii) Determines based on inspection of the article that it is free 
from Mexican fruit fly; and
    (2) Determines that it is to be moved in compliance with any 
additional emergency conditions necessary to prevent the spread of the 
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act 
(7 U.S.C. 150dd); 5 and
---------------------------------------------------------------------------

    5 Section 105 of the Federal Plant Pest Act (7 U.S.C. 
150dd) provides among other things, that the Secretary of Agriculture 
may, whenever he deems it necessary as an emergency measure in order to 
prevent the dissemination of any plant pest new to or not theretofore 
known to be widely prevalent or distributed within and throughout the 
United States seize, quarantine, treat, apply other remedial measures 
to, destroy, or otherwise dispose of, in such manner as he deems 
appropriate, any product or article of any character whatsoever, or 
means or conveyance, which is moving into or through the United States 
or interstate, and which he has reason to believe is infested or 
infected by or contains any such plant pest.
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to such article.
    (b) A limited permit shall be issued by an inspector for the 
movement of a regulated article if such inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved to a specified destination for specified handling, 
utilization, processing, or for treatment in accordance with 
Sec. 301.64-10 (such destination and other conditions to be specified on 
the limited permit), when, upon evaluation of all of the circumstances 
involved in each case, it is determined that such movement will not 
result in the spread of the Mexican fruit fly because life stages of the 
pest will be destroyed by such specified handling, utilization, 
processing, or treatment;
    (2) Determines that it is to be moved in compliance with any 
additional emergency conditions necessary to prevent the spread of the 
Mexican fruit fly pursuant to section 105 of the Federal Plant Pest Act 
(7 U.S.C. 150dd); 5 and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines and regulations applicable to such 
article.
    (c) Certificates and limited permits for use for movement of 
regulated articles may be issued by an inspector or person engaged in 
the business of growing, handling, or moving regulated articles provided 
such person is operating under a compliance agreement. Any such person 
may execute and issue a certificate for the interstate movement of a 
regulated article if such person has treated such regulated article to 
destroy infestation in accordance with the provisions in Sec. 301.64-10 
and the inspector has made the determination that such article is 
otherwise eligible for a certificate in accordance with paragraph (a) of 
this section; or if the inspector has made the determination that such 
article is eligible for a certificate in accordance with paragraph (a) 
of this section without such treatment. Any such person may execute and 
issue a limited permit for interstate movement of a regulated article 
when the inspector has made the determination that such article is 
eligible for a limited permit in accordance with paragraph (b) of this 
section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if such inspector determines 
that the holder thereof has not complied with any conditions under the 
regulations for the use of such document. The reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances permit. Any 
person whose certificate or limited permit has been withdrawn may appeal 
the decision in writing to the Deputy Administrator within ten (10) days 
after receiving the written notification of the withdrawal. The appeal 
shall state all of the facts and reasons upon which the person relies to 
show that the certificate or limited permit was wrongfully withdrawn. 
The Deputy Administrator shall grant or deny the appeal, in writing, 
stating the reasons for such decision, as promptly as circumstances 
permit. If there is a conflict to any material fact, a hearing shall be 
held to resolve such conflict. Rules of Practice concerning

[[Page 53]]

such a hearing will be adopted by the Deputy Administrator.



Sec. 301.64-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this 
subpart.6 The compliance agreement shall be a written 
agreement between a person engaged in such a business and Plant 
Protection and Quarantine, wherein the person agrees to comply with the 
provisions of this subpart and any conditions imposed pursuant thereto.
---------------------------------------------------------------------------

    \6\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefore 
shall be confirmed in writing, as promptly as circumstances permit. Any 
person whose compliance agreement has been cancelled may appeal the 
decision, in writing, within ten (10) days after receiving written 
notification of the cancellation. The appeal shall state all of the 
facts and reasons upon which the person relies to show that the 
compliance agreement was wrongfully cancelled. The Deputy Administrator 
shall grant or deny the appeal, in writing, stating the reasons for such 
decision, as promptly as circumstances permit. If there is a conflict as 
to any material fact, a hearing shall be held to resolve such conflict. 
Rules of Practice concerning such a hearing will be adopted by the 
Deputy Administrator.

[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.64-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.64-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement), request an inspector 7 to 
take any necessary action under this subpart prior to movement of the 
regulated article.
---------------------------------------------------------------------------

    \7\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Such article shall be assembled at such point and in such manner 
as the inspector designates as necessary to comply with the requirements 
of this subpart.

[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.64-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at the times during such movement, 
shall be securely attached to the outside of the containers containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; Provided however, That 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping documents only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify such article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.

[[Page 54]]



Sec. 301.64-9  Costs and charges.

    The service of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.64-10  Treatments.

    Treatments for regulated articles must be one of the following:
    (a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and 
tangerine. Cold treatment in accordance with the PPQ Treatment Manual. 
For the full identification of this standard, see Sec. 300.1 of this 
chapter, ``Materials incorporated by reference''.
    (b) Soil within the dripline of plants that are producing or that 
have produced fruits listed in Sec. 301.64-2(a). Remove host fruits from 
host plants prior to treatment. Using ground equipment, drench the soil 
under the host plants with 5 lb a.i. diazinon per acre (0.12 lb or 2 oz 
avdp per 1,000 ft \2\) mixed with 130 gal of water per acre (3 gal per 
1,000 ft \2\). Apply at 14- to 16-day intervals as needed. Repeat 
applications if infestations become established. In addition to the 
above, follow all label directions for diazinon.
    (c) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with either 
malathion or spinosad bait spray. These treatments must take place at 6-
to 10-day intervals, starting a sufficient time before harvest (but not 
less than 30 days before harvest) to allow for completion of egg and 
larvae development of the Mexican fruit fly. Determination of the time 
period must be based on the day degrees model for Mexican fruit fly. 
Once treatment has begun, it must continue through the harvest period. 
The malathion bait spray treatment must be applied by aircraft or ground 
equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of 
protein hydrolysate per acre. The spinosad bait spray treatment must be 
applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-
approved spinosad formulation and 48 oz of protein hydrolysate per acre. 
For ground applications, the mixture may be diluted with water to 
improve coverage.
    (d) Grapefruit and oranges. Methyl bromide in accordance with the 
PPQ Treatment Manual.
    (e) Grapefruit, oranges, and tangerines. High-temperature forced air 
in accordance with the PPQ Treatment Manual.
    (f) Citrons, litchis, longans, persimmons, and white zapotes. Cold 
treatment in accordance with the PPQ Treatment Manual (for full 
identification of this standard, see Sec. 300.1 of this chapter, 
``Materials incorporated by reference'') and in accordance with the 
following schedule:

------------------------------------------------------------------------
                Treatment                         Exposure  period
------------------------------------------------------------------------
33  deg.F or below.......................  18 days.
34  deg.F or below.......................  20 days.
35  deg.F or below.......................  22 days.
------------------------------------------------------------------------


[63 FR 68164, Dec. 10, 1998, as amended at 64 FR 37665, July 13, 1999; 
64 FR 71270, Dec. 21, 1999]



                         Subpart--Citrus Canker

    Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.

                  Notice of Quarantine and Regulations



Sec. 301.75-1  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. An official document of the United States Department of 
Agriculture authorizing the interstate movement of a regulated article 
from a quarantined area into any area of the United States.
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas axonopodis pv. citri.
    Commercial citrus-producing area. Any area designated as a 
commercial citrus-producing area in accordance with Sec. 301.75-5 of 
this subpart.

[[Page 55]]

    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
growing or handling regulated articles for interstate movement, in which 
the person pledges to comply with this subpart.
    Departmental permit. An official document of the United States 
Department of Agriculture authorizing the movement of a regulated 
article from a quarantined area.
    Departmental tag or label. An official tag or label of the United 
States Department of Agriculture, which, attached to a regulated article 
or its container, indicates that the regulated article is eligible for 
interstate movement with a Departmental permit.
    Exposed. Determined by an inspector to be at risk for developing 
citrus canker because of proximity during the past 2 years to infected 
plants, or to personnel, vehicles, equipment, or other articles that may 
have been contaminated with bacteria that cause citrus canker.
    Grove. Any tree or stand of trees maintained to produce fruit and 
separated from other trees by a boundary, such as a fence, stream, road, 
canal, irrigation ditch, hedgerow, open space, or sign or marker 
denoting change of fruit variety.
    Infected. Containing bacteria that cause citrus canker.
    Infestation. The presence of a plant or plants infected with citrus 
canker at a particular location, except when the plant or plants 
contracted the infection at a previous location and the infection has 
not spread to any other plant at the present location.
    Inspector. An individual authorized by the Administrator to perform 
the specified duties.
    Interstate. From any State into or through any other State.
    Limited permit. An official document of the United States Department 
of Agriculture authorizing the interstate movement of a regulated 
article from a quarantined area, but restricting the areas of the United 
States into which the regulated article may be moved.
    Move. Ship, carry, transport, offer for shipment, receive for 
shipment, or allow to be transported by any means.
    Movement. The act of shipping, carrying, transporting, offering for 
shipment, receiving for shipment, or allowing to be transported by any 
means.
    Nursery. Any premises, including greenhouses but excluding any 
grove, at which plants are grown or maintained for propagation or 
replanting.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Quarantined area. Any area designated as a quarantined area in 
accordance with Sec. 301.75-4 of this subpart.
    Regulated article. Any article listed in Sec. 301.75-3 (a) or (b) of 
this subpart or designated as a regulated article in accordance with 
Sec. 301.75-3(c) of this subpart.
    Regulated fruit, regulated plant, regulated seed, regulated tree. 
Any fruit, plant, seed, or tree defined as a regulated article.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin 
Islands of the United States, and all other territories and possessions 
of the United States.
    United States. All of the States, the District of Columbia, Guam, 
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the 
United States, and all other territories and possessions of the United 
States.

[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996]



Sec. 301.75-2  General prohibitions.

    (a) Regulated articles may not be moved interstate from a 
quarantined area expect in accordance with this subpart.
    (b) Regulated articles moved from a quarantined area with a limited 
permit may not be moved interstate into any commercial citrus-producing 
area, except as follows: The regulated articles may be moved through a 
commercial citrus-producing area if they are covered, or enclosed in 
containers or in a compartment of a vehicle, while in the commercial 
citrus-producing area, and are not unloaded in the commercial citrus-
producing area without the permission of an inspector.
    (c) Regulated articles moved interstate with a limited permit to an 
area

[[Page 56]]

of the United States that is not a commercial citrus-producing area may 
not subsequently be moved interstate into any commercial citrus-
producing area.

[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]



Sec. 301.75-3  Regulated articles.

    (a) Plants or plant parts, including fruit and seeds, or any of the 
following: All species, clones, cultivars, strains, varieties, and 
hybrids of the genera Citrus and Fortunella, and all clones, cultivars, 
strains, varieties, and hybrids of the species Clausena lansium and 
Poncirus trifoliata. The most common of these are: lemon, pummelo, 
grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, 
sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, 
calamondin, trifoliate orange, and wampi.
    (b) Grass, plant, and tree clippings.
    (c) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
citrus canker and the person in possession thereof has actual notice 
that the product, article, or means of conveyance is subject to the 
provisions of this subpart.

[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. 
Redesignated and amended at 55 FR 37450, Sept. 11, 1990]



Sec. 301.75-4  Quarantined areas.

    (a) The following States or portions of States are designated as 
quarantined areas:

                                 FLORIDA

    Collier County. Beginning at the intersection of SR 29 and SR 858; 
then north along SR 29 approximately 3.5 miles to the north section line 
of sec. 32, T. 47, R. 30; then east along the north section lines of 
secs. 32, 33, 34, 35, and 36, T. 47, R. 30, to the northeast corner of 
sec. 36, T. 47, R. 30; then south along the east section line of sec. 
36, T. 47, R. 30, and secs. 1, 12, 13, 24, and 25, T. 48, R. 30, 
approximately 6 miles to the southeast corner of sec. 25, T. 48, R. 30; 
then west along the south section line of secs. 25, 26, 27, 28, and 29, 
T. 48, R. 30, approximately 4.5 miles to SR 29; then north along SR 29 
approximately 2.5 miles to the point of beginning.
    Dade and Broward Counties. Beginning at the mouth of the Miami River 
in Biscayne Bay; then north along Biscayne Bay to Bal Harbor; then east 
along the inlet at Bal Harbor to the Atlantic Ocean; then north along 
the shoreline of the Atlantic Ocean to the Port Everglades Channel in 
Broward County; then west and south through the Port Everglades Channel 
to where it meets Eller Drive; then west on Eller Drive to I-595; then 
west on I-595 to I-75; then south on I-75 to the Florida Turnpike 
Homestead Extension; then south on the Florida Turnpike Homestead 
Extension to NW 58th Street; then west along NW 58th Street to Krome 
Avenue (NW 177th Avenue); then south along Krome Avenue (NW and SW 177th 
Avenue) to Coral Reef Drive (SW 152nd Street); then east along Coral 
Reef Drive to Biscayne Bay; then north along the shoreline of Biscayne 
Bay to the point of beginning.
    Manatee County. Beginning at the intersection of the Manatee River 
and I-75; then west along the shoreline of the Manatee River to Terra 
Ceia Bay; then northeast along the shoreline of Terra Ceia Bay to the 
Terra Ceia River; then north along the Terra Ceia River to I-275; then 
east on I-275 to Bishop Harbor Road; then north and east on Bishop 
Harbor Road to U.S. 41; then north on U.S. 41 to Buckeye Road; then east 
on Buckeye Road to the eastern boundary of sec. 10, T. 33 S, R. 18 E; 
then south along the eastern boundary of sec. 10, T. 33 S, R. 18 E to 
Carter Road; then south on Carter Road to the eastern boundary of sec. 
22, T. 33 S, R. 18 E; then south along the eastern boundary of sec. 22, 
T. 33 S, R. 18 E to Erie Road; then east and south along Erie Road to 
U.S. Highway 301; then southwest along U.S. Highway 301 to I-75; then 
south along I-75 to the point of beginning.

    (b) The Administrator may designate any non-quarantined area as a 
quarantined area in accordance with paragraphs (c) and (d) of this 
section upon giving written notice of this designation to the owner or 
persons in possession of the non-quarantined area. Thereafter, regulated 
articles may be moved interstate from that area only in accordance with 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (a) of this section, or the Administrator will 
terminate the designation. The owner or person in possession of an area 
for which designation is terminated will be given written notice as soon 
as practicable.
    (c) Any State or portion of a State where an infestation is detected 
will be designated as a quarantined area and

[[Page 57]]

will remain so until the area has been without infestation for 2 years.
    (d) Less than an entire State will be designated as a quarantined 
area only if all of the following conditions are met:
    (1) Survey. No area has been designated a survey area.
    (2) Intrastate movement of regulated articles. The State enforces 
restrictions on the intrastate movement of regulated articles from the 
guarantined area that are at least as stringent as those on the 
interstate movement of regulated articles from the guarantined area, 
except as follows:
    (i) Regulated fruit may be moved intrastate from a quarantined area 
for processing into a product other than fresh fruit if all of the 
following conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for processing, 
and the date the intrastate movement began,
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.
    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301-11(d) 
of this subpart before leaving the premises where the regulated fruit is 
unloaded for processing, and
    (D) All leaves, litter, and culls collected from the shipment of 
regulated fruit at the processing facility are either incinerated at the 
processing facility or buried at a public landfill that is fenced, 
prohibits the removal of dumped material, and covers dumped material 
with dirt at the end of every day that dumping occurs.
    (ii) Regulated fruit may be moved intrastate from a quarantined area 
for packing, either for subsequent interstate movement with a limited 
permit or for export from the United States, if all of the following 
conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for packing, and 
the date the intrastate movement began.
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.
    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301.75-
11(d) of this subpart before leaving the premises where the regulated 
fruit is unloaded for packing.
    (D) At the packing plant, the regulated fruit is stored separately 
from and has no contact with fruit eligible for interstate movement to 
commercial citrus-producing areas. Any equipment that comes in contact 
with the regulated fruit at the packing plant is treated in accordance 
with Sec. 301.75-11(d) of this subpart before being used to handle any 
fruit eligible for interstate movement to commercial citrus-producing 
areas, and
    (E) All leaves and litter collected from the shipment of regulated 
fruit at the packing plant are either incinerated at the packing plant 
or buried at a public landfill that is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs. All culls collected from the shipment of 
regulated fruit are either processed into a product other than fresh 
fruit, incinerated at the packing plant, or buried at a public landfill 
that is fenced, prohibits the removal of dumped material, and covers 
dumped material with dirt at the end of every day that dumping occurs. 
Any culls moved intrastate for processing must be completely covered, or 
enclosed in containers or in a compartment of a vehicle, during the 
intrastate movement, and the vehicles, covers, and any containers used 
to carry the regulated fruit must be treated in accordance with 
Sec. 301.75-11(d) of this subpart before leaving the premises where the 
regulated fruit is unloaded for processing.
    (iii) Grass, tree, and plant clippings may be moved intrastate from 
the

[[Page 58]]

quarantined area for disposal in a public landfill or for composting in 
a recycling facility, if all of the following conditions are met:
    (A) The public landfill or recycling facility is located within the 
survey area described in paragraph (d)(1) of this section,
    (B) The grass, tree, or plant clippings are completely covered 
during the movement from the quarantined area to the public landfill or 
recycling facility, and
    (C) Any public landfill used is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs.

[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at 
55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov. 
2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996; 64 FR 
4780, Feb. 1, 1999]



Sec. 301.75-5  Commercial citrus-producing areas.

    (a) The following are designated as commercial citrus-producing 
areas:

AmericanSamoa
Arizona
California
Florida
Guam
Hawaii
Louisiana
Northern Mariana Islands
Puerto Rico
Texas
Virgin Islands of the United States
    (b) The list in paragraph (a) of this section is intended to include 
jurisdictions which have commercial citrus-producing areas. Less than an 
entire State may be designated as a commercial citrus-producing area 
only if the Administrator determines that the area not included as a 
commercial citrus-producing area does not contain commercial citrus 
plantings; that the State has adopted and is enforcing a prohibition on 
the intrastate movement from areas not designated as commercial citrus-
producing areas to commercial citrus-producing areas of fruit which are 
designated as regulated articles and which were moved interstate from a 
quarantined State pursuant to a limited permit; and that the designation 
of less than the entire State as a commercial citrus-producing area will 
otherwise be adequate to prevent the interstate spread of citrus canker.

[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 
FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 
FR 37450, Sept. 11, 1990]



Sec. 301.75-6  Interstate movement of regulated articles from a quarantined area, general requirements.

    No regulated article may be moved interstate from a quarantined area 
unless all of the following conditions are met:
    (a) Inspections. (1) In the quarantined area, every regulated plant 
and regulated tree, except indoor houseplants and regulated plants and 
regulated trees at nurseries, is inspected for citrus canker at least 
once a year, during May 1 through December 31, by an inspector, on foot.
    (2) In the quarantined area, every regulated plant and regulated 
tree at every nursery containing regulated plants or regulated trees is 
inspected for citrus canker by an inspector at intervals of no more than 
45 days.
    (b) Treatment of personnel, vehicles, and equipment. In the 
quarantined area, all vehicles, equipment, and other articles used in 
providing inspection, maintenance, harvesting, or related services in 
any grove containing regulated plants or regulated trees, or in 
providing landscaping or lawn care services on any premises containing 
regulated plants or regulated trees, must be treated in accordance with 
Sec. 301.75-11(d) of this subpart upon leaving the grove or premises. 
All personnel who enter the grove or permises to provide these services 
must be treated in accordance with Sec. 301.75-11(c) of this subpart 
upon leaving the grove or premises.
    (c) Destruction of infected plants and trees. No more than 7 days 
after a State or Federal laboratory confirms that a regulated plant or 
regulated tree is infected, the State must provide written notice to the 
owner of the infected plant or infected tree that the infected plant or 
infected tree must be destroyed. The owner must have the infected plant 
or infected tree destroyed within 45 days after receiving the written 
notice.

[55 FR 37451, Sept. 11, 1990]

[[Page 59]]



Sec. 301.75-7  Interstate movement of regulated fruit from a quarantined area.

    (a) Regulated fruit produced in a quarantined area. Regulated fruit 
may be moved interstate from a quarantined area into any area of the 
United States except commercial citrus-producing areas if all of the 
following conditions are met:
    (1) During the year before the interstate movement, the grove 
producing the regulated fruit received regulated plants only from the 
following nurseries:
    (i) Nurseries located outside any quarantined areas, or
    (ii) Nurseries where an inspector has found every regulated plant 
free of citrus canker on each of three successive inspections conducted 
at intervals of no more than 45 days, with the third inspection no more 
than 45 days before shipment.
    (2) During the 2 years before the interstate movement, no plants or 
plant parts infected with citrus canker were found in the grove 
producing the regulated fruit and any exposed plants in the grove at 
high risk for developing citrus canker have been destroyed. 
Identification of exposed plants at high risk for developing citrus 
canker will be based on an evaluation of all of the circumstances 
related to their exposure, including, but not limited to, the following:
    (i) The stage of maturity of the exposed plant at the time of 
exposure, the size and degree of infestation to which the plants were 
exposed.
    (ii) The proximity of exposed plants to infected plants or 
contaminated articles at the time of exposure, and
    (iii) The length of time the plants were exposed.
    (3) No more than 30 days before the beginning of harvest, an 
inspector walked through the grove, inspected every tree, and found the 
grove free of citrus canker, and, in groves producing limes, an 
inspector walked through the grove every 120 days or less thereafter for 
as long as harvest continued, inspected every lime tree on each walk-
through, and continued to find the grove free of citrus canker.
    (4) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
    (5) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the fruit.
    (6) The regulated fruit is accompanied by a limited permit issued in 
accordance with Sec. 301.75-12 of this subpart.
    (b) Regulated fruit not produced in a quarantined area. Regulated 
fruit not produced in a quarantined area but moved into a quarantined 
area for packing may be subsequently moved out of the quarantined area 
only if all the conditions of either paragraph (b)(1) or (b)(2) of this 
section are met.
    (1) Conditions for subsequent movement into any area of the United 
States except commercial citrus-producing areas. (i) The regulated fruit 
was accompanied to the packing plant by a bill of lading stating the 
location of the grove in which the regulated fruit was produced.
    (ii) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
    (iii) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the regulated fruit.
    (iv) The regulated fruit is accompanied by a limited permit issued 
in accordance with Sec. 301.75-12 of this subpart.
    (2) Conditions for subsequent movement into any area of the United 
States including commercial citrus-producing areas. (i) The regulated 
fruit is accompanied by a bill of lading that states the location of the 
grove where the fruit was produced, the variety and quantity of fruit, 
the address to which the fruit will be delivered for packing, and the 
date the movement of the fruit began.
    (ii) The regulated fruit is moved through the quarantined area 
without being unloaded and no regulated article is added to the shipment 
in the quarantined area.
    (iii) The regulated fruit is completely covered, or enclosed in 
containers or in a compartment of a vehicle, both during its movement to 
a packing plant in

[[Page 60]]

a quarantined area and during its movement from a packing plant in a 
quarantined area to destinations outside that quarantined area.
    (iv) At the packing plant, regulated fruit produced outside the 
quarantined areas is stored separately from and has had no contact with 
regulated fruit produced in a quarantined area. Any equipment at the 
packing plant that comes in contact with regulated fruit produced in a 
quarantined area is treated in accordance with Sec. 310.75-11(d) of this 
subpart before being used to handle any regulated fruit not produced in 
a quarantined area.
    (v) The regulated fruit is treated at the packing plant in 
accordance with Sec. 301.75-11(a) of this subpart.
    (vi) Due to the likelihood that they will be commingled with similar 
regulated articles collected from regulated fruit produced in a 
quarantined area, all leaves, litter, and culls collected from the 
shipment of regulated fruit at the packing plant are handled as 
prescribed in Sec. 301.75-4(d)(2)(ii)(E) of this subpart.
    (vii) The regulated fruit is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999]



Sec. 301.75-8  Interstate movement of regulated seed from a quarantined area.

    Regulated seed may be moved interstate from a quarantined area into 
any area of the United States if all of the following conditions are 
met:
    (a) During the 2 years before the interstate movement, no plants or 
plant parts infected with or exposed to citrus canker were found in the 
grove or nursery producing the fruit from which the regulated seed was 
extracted.
    (b) The regulated seed was treated in accordance with Sec. 301.75-
11(b) of this subpart.
    (c) The regulated seed is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

[55 FR 37452, Sept. 11, 1990]



Sec. 301.75-9  Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.

    A regulated article may be moved interstate from a quarantined area 
if:
    (a) Moved by the United States Department of Agriculture for 
experimental or scientific purposes;
    (b) Moved pursuant to a Departmental permit issued for such article 
by the Administrator;
    (c) Moved in accordance with conditions specified on the 
Departmental permit and determined by the Administrator to be adequate 
to prevent the spread of citrus canker, i.e., conditions of treatment, 
processing, growing, shipment, disposal; and
    (d) Moved with a Departmental tag or label securely attached to the 
outside of the container containing the article or securely attached to 
the article itself if not in a container, with such tag or label bearing 
a Departmental permit number corresponding to the number of the 
Departmental permit issued for such article.

[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, 
Sept. 11, 1990]



Sec. 301.75-10  Interstate movement of regulated articles through a quarantined area.

    Any regulated article not produced in a quarantined area may be 
moved interstate through a quarantined area, without a certificate, 
limited permit, or Departmental permit, if all of the following 
conditions are met:
    (a) The regulated article is accompanied by either: A receipt 
showing that the regulated article was purchased outside the quarantined 
area, or a bill of lading stating the location of the premises where the 
shipment originated, the type and quantity of regulated articles being 
moved interstate, and the date the interstate movement began.
    (b) The regulated article is moved through the quarantined area 
without being unloaded, and no regulated article, except regulated fruit 
that qualifies for interstate movement from the quarantined area in 
accordance with Sec. 301.75-7 of this subpart, is added to the shipment 
in the quarantined area.

[[Page 61]]

    (c) The regulated article is completely covered, or enclosed in 
containers or in a compartment of a vehicle, during movement through the 
quarantined area, except that, covering or enclosure is not required if 
the regulated article is moved through the quarantined area without 
stopping, except for refueling or for traffic conditions, such as 
traffic lights or stop signs.

[55 FR 37452, Sept. 11, 1990]



Sec. 301.75-11  Treatments.

    (a) Regulated fruit. Regulated fruit for which treatment is required 
by this subpart must be treated in one of the following ways in the 
presence of an inspector, or at a facility whose owner operates under a 
compliance agreement:
    (1) The regulated fruit must be thoroughly wetted for at least 2 
minutes with a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or
    (2) The regulated fruit must be thoroughly wetted with a solution 
containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to 
2.0 percent of the total solution, for 45 seconds if the solution has 
sufficient soap or detergent to cause a visible foaming action or for 1 
minute if the solution does not contain sufficient soap to cause a 
visible foaming action.
    (3) Sodium hypochlorite and SOPP must be applied in accordance with 
label directions.
    (b) Regulated seed. Regulated seed for which treatment is required 
by this subpart must be extracted from fruit that has been treated in 
accordance with paragraph (a) of this section. The regulated seed must 
then be cleaned free of pulp, immersed for 10 minutes in water heated to 
125  deg.F. (51.6  deg.C.) or higher, then immersed for at least 2 
minutes in a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5.
    (c) Personnel. All personnel for which treatment is required by this 
subpart must clean their hands using one of the following disinfectants:
    (1) Gallex 1027 Antimicrobial Soap;
    (2) Hibiclens;
    (3) Hibistat;
    (4) Sani Clean Hand Soap; or
    (5) Seventy Percent Isopropyl Alcohol.
    (d) Vehicles, equipment, and other articles. All vehicles, 
equipment, and other articles for which treatment is required by this 
subpart must be cleaned and disinfected by removing all plants, leaves, 
twigs, fruit, and other plant parts from all areas of the equipment or 
vehicles, including in cracks, under chrome strips, and on the 
undercarriage of vehicles, and by wetting all surfaces (including the 
inside of boxes and trailers), to the point of runoff, with one of the 
following disinfectants:

    (1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 
7.5;
    (2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) 
compound;
    (3) A solution of hot water and detergent, under high pressure (at 
least 30 pounds per square inch), at a minimum temperature of 160  
deg.F; or
    (4) Steam, at a minimum temperature of 160  deg.F. at the point of 
contact.

[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 
FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 
11, 1990]



Sec. 301.75-12  Certificates and limited permits.

    (a) Issuance and withdrawal. (1) Certificates and limited permits 
may be issued for the interstate movement of regulated articles only by 
an inspector or by persons operating under a compliance agreement.
    (2) A certificate or limited permit may be withdrawn by an inspector 
if the inspector determines that any of the applicable requirements of 
this subpart have not been met. The decision of the inspector and the 
reason for the withdrawal must be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit is 
withdrawn may appeal the decision in writing to the Administrator within 
10 days after receiving the written notification. The appeal must state 
all of the facts and reasons upon which the person relies to show that 
the certificate or limited permit was wrongfully withdrawn. The 
Administrator must grant or deny the

[[Page 62]]

appeal in writing, stating the reasons for the decision, as promptly as 
circumstances allow. If there is a conflict as to any material fact, a 
hearing will be held to resolve the conflict. Rules of practice 
concerning the hearing will be adopted by the Administrator.
    (b) Attachment and disposition. (1) Certificates and limited permits 
accompanying regulated articles interstate must be attached during the 
interstate movement to one of the following:
    (i) The outside of the regulated article, if the regulated article 
is not packed in a container, or
    (ii) The outside of the container in which the regulated article is 
packed, or
    (iii) The consignee's copy of the accompanying waybill, but only if 
the regulated article is described on the certificate, limited permit, 
or waybill in a way that allows the regulated article to be identified.
    (2) Certificates and limited permits accompanying regulated articles 
interstate must be given to the consignee at the point of destination.

[55 FR 37453, Sept. 11, 1990]



Sec. 301.75-13  Compliance agreements.

    (a) Eligibility. Any person engaged in the business of growing or 
handling regulated articles for interstate movement may enter into a 
compliance agreement with the Animal and Plant Health Inspection Service 
to facilitate the interstate movement of regulated articles in 
accordance with this subpart. Compliance agreements may be arranged by 
contacting a local office of Plant Protection and Quarantine, Animal and 
Plant Health Inspection Service (listed in local telephone directories), 
or by contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
    (b) Cancellation. Any compliance agreement may be cancelled orally 
or in writing by an inspector if the inspector finds that the person who 
entered into the compliance agreement has failed to comply with this 
subpart. If the person is given notice of cancellation orally, written 
confirmation of the decision and the reasons for it must be provided as 
promptly as circumstances allow. Any person whose compliance agreement 
is cancelled may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The 
Administrator must grant or deny the appeal, in writing, stating the 
reasons for the decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing will be held to resolve 
the conflict. Rules of practice concerning the hearing will be adopted 
by the Administrator.

[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.75-14  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
United States Department of Agriculture will not be responsible for any 
costs or charges incident to inspections or compliance with the 
provisions in this subpart, other than for the services of the 
inspector.

[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 
1990]



                    Subpart--Mediterranean Fruit Fly

    Source: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.



Sec. 301.78  Restrictions on interstate movement of regulated articles.

    No person shall move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest 
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------



Sec. 301.78-1  Definitions.

    In this subpart the following definitions apply:

[[Page 63]]

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of Mediterranean fruit fly and may be moved interstate to any 
destination.
    Commercially produced. Fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Such identification will be based on a variety of indicators, 
including, but not limited to: Quantity of produce, monocultural 
practices, pest management programs, good sanitation practices including 
destruction of culls, type of packaging, identification of grower or 
packing house on the packaging, and documents consigning the shipment to 
a wholesaler or retailer.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with the provisions of this subpart.
    Core area. The 1 square mile area surrounding each property where 
Mediterranean fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of a Mediterranean fruit 
fly life cycle. Day degrees are the product of the following formula, 
with all temperatures measured in  deg.F: [(Minimum Daily Temp + Maximum 
Daily Temp)/2] - 54 deg. = Day Degrees.
    Drip line. The line around the canopy of a plant.
    Infestation. The presence of the Mediterranean fruit fly or the 
existence of circumstances that make it reasonable to believe that the 
Mediterranean fruit fly is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person authorized by 
the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.78-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Mediterranean fruit fly. The insect known as Mediterranean fruit fly 
Ceratitis capitata (Wiedemann) in any stage of development.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.78-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.78-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.78-2(a) or (b) of 
this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.78-2(c) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.

[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538, 
June 20, 1997; 62 FR 47556, Sept. 10, 1997]



Sec. 301.78-2  Regulated articles.

    The following are regulated articles:
    (a) The following berries, fruits, nuts, and vegetables.

Almond with husk (Prunus dulcis (P. amygdalus))
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Black Myrobalan (Terminalia cherbula)
Cherries (sweet and sour) (Prunus avium, P. cerasus)
Citrus citron (Citrus medica)
Date (Phoenix dactylifera)
Eggplant (Solanum melongena L.), other than commercially produced 
    eggplant

[[Page 64]]

Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-skinned lemons harvested for packing 
    by commercial packing houses.
Lemon, Meyer (Citrus limon X reticulata)
Lemon, Rough (Citrus jambhiri)
Lime, sweet (Citrus aurantiifolia)
Loquat (Eriobotrya japonica)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mock orange (Murraya exotica)
Mountain apple (Syzigium malaccense (Eugenia malaccensis))
Natal plum (Carissa macrocarpa)
Nectarine (Prunus persica var. nectarina)
Olive (Olea europea)
Opuntia cactus (Opuntia spp.)
Orange, calamondin (Citrus reticulata x. Fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Papaya (Carica papaya)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum frutescens, C. annuum)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sour orange (Citrus aurantium)
Spanish cherry (Brazilian plum) (Eugenia dombeyi (E. brasiliensis))
Strawberry guava (Psidium cattleianum)
Surinam cherry (Eugenia uniflora)
Tomato (pink and red ripe) (Lycopersicon esculentum)
Walnut with husk (Juglans spp.)
White sapote (Casimiroa edulis)
Yellow oleander (Bestill) (Thevetia peruviana)

    Any berries, fruits, nuts, or vegetables that are canned or dried or 
frozen below -17.8  deg.C. (0  deg.F.) are not regulated articles.
    (b) Soil within the drip area of plants that are producing or have 
produced the berries, fruits, nuts, or vegetables listed in paragraph 
(a) of this section.
    (c) Any other article, product, or means of conveyance, not covered 
by paragraphs (a) or (b) of this section, that presents a risk of spread 
of the Mediterranean fruit fly and an inspector notifies the person in 
possession of it that the article, product, or means of conveyance is 
subject to the restrictions of this subpart.

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62 
FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]



Sec. 301.78-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator shall list as a quarantined area in paragraph (c) of 
this section, each State, or each portion of a State, in which the 
Mediterranean fruit fly has been found by an inspector, in which the 
Administrator has reason to believe that the Mediterranean fruit fly is 
present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities in which the Mediterranean fruit fly has been found. Less 
than an entire State will be designated as a quarantined area only if 
the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the Mediterranean fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section for listing such 
area. The Administrator will give a copy of this regulation along with a 
written notice of this temporary designation to the owner or person in 
possession of the nonquarantined area; thereafter,

[[Page 65]]

the interstate movement of any regulated article from an area 
temporarily designated as a quarantined area is subject to this subpart. 
As soon as practicable, this area will be added to the list in paragraph 
(c) of this section or the designation shall be terminated by the 
Administrator or an inspector. The owner or person in possession of an 
area for which designation is terminated will be given notice of the 
termination as soon as practicable.
    (c) There are no areas in the continental United States quarantined 
because of the Mediterranean fruit fly.

[56 FR 57576, Nov. 13, 1991]

    Editorial Note: For Federal Register citations affecting 
Sec. 301.78-3, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 301.78-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.78-5 and 301.78-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1) The regulated article is moving as air cargo or as a meal 
intended for in-flight consumption, and is transiting Los Angeles 
International Airport, California;
    (2) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by Mediterranean fruit flies (such 
as canvas, plastic, or other closely woven cloth) while moving through 
the quarantined area; and
    (3) The point of origin of the regulated article is indicated on the 
waybill.
    (c) Without a certificate or limited permit, if:
    (1) The regulated article originated outside any quarantined area 
and is moved through (without stopping except for refueling, or for 
traffic conditions, such as traffic lights or stop signs) the 
quarantined area in an enclosed vehicle or is completely enclosed by a 
covering adequate to prevent access by Mediterranean fruit flies (such 
as canvas, plastic, or other closely woven cloth) while moving through 
the quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area.
    (d) Without a certificate or limited permit if the regulated article 
is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of Mediterranean 
fruit fly; and
    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container. (Approved by the Office of Management and Budget under 
control number 0579-0088)

[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]



Sec. 301.78-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.

---------------------------------------------------------------------------

[[Page 66]]

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.78-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, that the 
premises are free from the Mediterranean fruit fly; or
    (iii) Based on inspection of the regulated article, that it is free 
of Mediterranean fruit fly; and
    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or is completely enclosed by a covering adequate 
to prevent access by Mediterranean fruit fly; and
    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose, under 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd),\4\ to 
prevent the spread of the Mediterranean fruit fly; and
---------------------------------------------------------------------------

    \4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) 
provides that the Secretary of Agriculture may--under certain 
conditions--seize, quarantine, treat, destroy, or apply other remedial 
measures to articles that the Administrator has reason to believe are 
infested or infected by or contain plan pests.
---------------------------------------------------------------------------

    (4) The regulated articles is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated articles.
    (b) An inspector \5\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that--
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the 
Mediterranean fruit fly because life stages of the Mediterranean fruit 
fly will be destroyed by the specified handling, processing, or 
utilization;
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose, under 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd), to prevent 
the spread of the Mediterranean fruit fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section. A person operating under a compliance 
agreement may issue a limited permit for interstate movement of a 
regulated article when an inspector has determined that the regulated 
article is eligible for a limited permit in accordance with paragraph 
(b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally or in writing, if he or she determines 
that the holder of the certificate or limited permit has not complied 
with all conditions under this subpart for the use of the certificate or 
limited permit. If the withdrawal is oral, the withdrawal and the 
reasons for the withdrawal shall be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit has 
been withdrawn may appeal the decision in writing to the Administrator 
within 10 days after receiving the written notification of the 
withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994]

[[Page 67]]



Sec. 301.78-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation shall be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision. A hearing will be held to 
resolve any conflict as to any material fact. Rules of practice 
concerning a hearing will be adopted by the Administrator.

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.78-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.78-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector,\7\ as far in advance of the desired 
interstate movement as possible (but no less than 48 hours before the 
desired interstate movement).
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.78-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during the interstate 
movement, must be attached to the outside of the container containing 
the regulated article, attached to the regulated article itself if not 
in a container, or attached to the consignee's copy of the accompanying 
waybill: Provided however, that the requirements of this section may be 
met by attaching the certificate or limited permit to the consignee's 
copy of the waybill only if the regulated article is sufficiently 
described on the certificate or limited permit and on the waybill to 
identify the regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

(Approved by the Office of Management and Budget under control number 
0579-0088)



Sec. 301.78-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.



Sec. 301.78-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy Mediterranean fruit fly are authorized for 
use on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference. For the full identification of this 
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by 
reference.'' The following treatments may be used for the regulated 
articles indicated:
    (a) Fruits and vegetables.

[[Page 68]]

    (1) Bell Pepper--(i) Vapor Heat. Heat by saturated water vapor at 
44.4 deg.C. (112  deg.F.) until approximate center of bell pepper 
reaches 44.4  deg.C. (112  deg.F.). Maintain at 44.4  deg.C. (112 
deg.F.) for 8\3/4\ hours, then immediately cool.
    (2) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal 
atmospheric pressure with 32 g/m \3\ (2 lb/1000 ft \3\) for 3\1/2\ hours 
at 21  deg.C. (70  deg.F.) or above.
    (ii) Vapor heat. Heat by saturated water vapor at 44.4  deg.C. (112 
deg.F.) until approximate center of tomato reaches 44.4  deg.C. (112 
deg.F.). Maintain at 44.4  deg.C. (112  deg.F.) for 8\3/4\ hours, then 
immediately cool.

    Note: Commodities should be tested by the shipper to determine each 
commodity's tolerance to the treatment before commercial shipments are 
attempted. The USDA is not liable for damages caused by this quarantine.

    (b) Regulated citrus fruit that has been harvested. (1) Fumigation 
with methyl bromide at normal atmospheric pressure with 32 g/
m3 (2 pounds per 1000 cubic feet) for 3\1/2\ hours at 21 
deg.C. (70  deg.F.) or above.

    Note:  Some varieties of fruit may be injured by methyl bromide 
exposure. Shippers should test treat before making commercial shipments.

    (2) Fumigation plus refrigeration: Fumigation with methyl bromide at 
normal atmospheric pressure with 32 g/m3 (2 pounds per 1000 
cubic feet) at 21  deg.C. (70  deg.F.) or above.

------------------------------------------------------------------------
        Fumigation exposure time                   Refrigeration
------------------------------------------------------------------------
2 hours.................................  4 days at 0.55 to 0.7  deg.C.
                                           (33 to 37  deg.F.); or 11
                                           days at 3.33 to 8.3  deg.C.
                                           (38 to 47  deg.F.).
2\1/2\ hours............................  4 days at 1.11 to 4.44  deg.C.
                                           (34 to 40  deg.F.); or 6 days
                                           at 5.0 to 8.33  deg.C. (41 to
                                           47  deg.F.); or 10 days at
                                           8.88 to 13.33  deg.C. (48 to
                                           56  deg.F.).
3 hours.................................  3 days at 6.11 to 8.33  deg.C.
                                           (43 to 47  deg.F.); or 6 days
                                           at 9.88 to 13.33  deg.C. (48
                                           to 56  deg.F.).
------------------------------------------------------------------------


    Note:  Some varieties of fruit may be injured by methyl bromide 
exposure. Shippers should test treat before making commercial shipments.

    Time lapse between fumigation and start of cooling not to exceed 24 
hours. Chamber load not to exceed 80 percent of volume.
    (3) Cold treatment: 10 days at 0  deg.C. (32  deg.F.) or below; or 
11 days at 0.55  deg.C. (33  deg.F.) or below; 12 days at 1.11  deg.C 
(34  deg.F.) or below: 14 days at 1.66  deg.C. (35  deg.F.) or below; or 
16 days at 2.22  deg.C. (36  deg.F.) or below.
    (c) Approved irradiation treatment. Irradiation, carried out in 
accordance with the provisions of this paragraph, is approved as a 
treatment for any berry, fruit, nut, or vegetable listed as a regulated 
article in Sec. 301.78-2(a) of this subpart.
    (1) Approved facility. The irradiation treatment facility and 
treatment protocol must be approved by the Animal and Plant Health 
Inspection Service. In order to be approved, a facility must:
    (i) Be capable of administering a minimum absorbed ionizing 
radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables; 
8
---------------------------------------------------------------------------

    \8\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (ii) Be constructed so as to provide physically separate locations 
for treated and untreated fruits and vegetables, except that fruits and 
vegetables traveling by conveyor directly into the irradiation chamber 
may pass through an area that would otherwise be separated. The 
locations must be separated by a permanent physical barrier such as a 
wall or chain link fence 6 or more feet high to prevent transfer of 
cartons;
    (iii) Complete a compliance agreement with the Animal and Plant 
Health Inspection Service as provided in Sec. 301.78-6 of this subpart; 
and
    (iv) Be certified by Plant Protection and Quarantine for initial use 
and annually for subsequent use. Recertification is required in the 
event that an increase or decrease in radioisotope or a major 
modification to equipment that affects the delivered dose. 
Recertification may be required in cases where a significant variance in 
dose delivery is indicated.
    (2) Treatment monitoring. Treatment must be carried out under the 
monitoring of an inspector. This monitoring must include inspection of 
treatment records and unannounced inspection visits to the facility by 
an inspector. Facilities that carry out continual irradiation operations 
must notify an inspector at least 24 hours before the

[[Page 69]]

date of operations. Facilities that carry out periodic irradiation 
operations must notify an inspector of scheduled operations at least 24 
hours before scheduled operations.9
---------------------------------------------------------------------------

    \9\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (3) Packaging. Fruits and vegetables that are treated within a 
quarantined area must be packaged in the following manner:
    (i) The cartons must have no openings that will allow the entry of 
fruit flies and must be sealed with seals that will visually indicate if 
the cartons have been opened. They may be constructed of any material 
that prevents the entry of fruit flies and prevents oviposition by fruit 
flies into the fruit in the carton.10
---------------------------------------------------------------------------

    \10\ If there is a question as to the adequacy of a carton, send a 
request for approval of the carton, together with a sample carton, to 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit 
140, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (ii) The pallet-load of cartons must be wrapped before it leaves the 
irradiation facility in one of the following ways:
    (A) With polyethylene sheet wrap;
    (B) With net wrapping; or
    (C) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (iii) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of packing 
and treatment.
    (4) Dosage. The fruits and vegetables must receive a minimum 
absorbed ionizing radiation dose of 225 Gray (22.5 krad).11
---------------------------------------------------------------------------

    \11\ See footnote 8.
---------------------------------------------------------------------------

    (5) Dosimetry systems. (i) Dosimetry must demonstrate that the 
absorbed dose, including areas of minimum and maximum dose, is mapped, 
controlled, and recorded.
    (ii) Absorbed dose must be measured using a dosimeter that can 
accurately measure an absorbed dose of 225 Gray (22.5 krad).
    (iii) The number and placement of dosimeters used must be in 
accordance with American Society for Testing and Materials (ASTM) 
standards.12
---------------------------------------------------------------------------

    \12\ Designation E 1261, ``Standard Guide for Selection and 
Calibration of Dosimetry Systems for Radiation Processing,'' American 
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------

    (6) Records. Records or invoices for each treated lot must be made 
available for inspection by an inspector during normal business hours (8 
a.m. to 4:30 p.m., Monday through Friday, except holidays). An 
irradiation processor must maintain records as specified in this section 
for a period of time that exceeds the shelf life of the irradiated food 
product by 1 year, and must make these records available for inspection 
by an inspector. These records must include the lot identification, 
scheduled process, evidence of compliance with the scheduled process, 
ionizing energy source, source calibration, dosimetry, dose distribution 
in the product, and the date of irradiation.
    (7) Request for approval and inspection of facility. Persons 
requesting approval of an irradiation treatment facility and treatment 
protocol must submit the request for approval in writing to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. 
Before the Administrator determines whether an irradiation facility is 
eligible for approval, an inspector will make a personal inspection of 
the facility to determine whether it complies with the standards of 
paragraph (c)(1) of this section.
    (8) Denial and withdrawal of approval. (i) The Administrator will 
withdraw the approval of any irradiation treatment facility when the 
irradiation processor requests in writing the withdrawal of approval.
    (ii) The Administrator will deny or withdraw approval of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying approval, the Administrator will 
inform the irradiation processor in writing of the reasons for the 
proposed action and provide the irradiation processor with an 
opportunity to respond. The Administrator

[[Page 70]]

will give the irradiation processor an opportunity for a hearing 
regarding any dispute of a material fact, in accordance with rules of 
practice that will be adopted for the proceeding. However, the 
Administrator will suspend approval pending final determination in the 
proceeding, if he or she determines that suspension is necessary to 
prevent the spread of any dangerous insect infestation. The suspension 
will be effective upon oral or written notification, whichever is 
earlier, to the irradiation processor. In the event of oral 
notification, written confirmation will be given to the irradiation 
processor within 10 days of the oral notification. The suspension will 
continue in effect pending completion of the proceeding and any judicial 
review of the proceeding.
    (9) Department not responsible for damage. This treatment is 
approved to assure quarantine security against Mediterranean fruit fly. 
From the literature available, the fruits and vegetables authorized for 
treatment under this section are believed tolerant to the treatment; 
however, the facility operator and shipper are responsible for 
determination of tolerance. The Department of Agriculture and its 
inspectors assume no responsibility for any loss or damage resulting 
from any treatment prescribed or supervised. Additionally, the Nuclear 
Regulatory Commission is responsible for ensuring that irradiation 
facilities are constructed and operated in a safe manner. Further, the 
Food and Drug Administration is responsible for ensuring that irradiated 
foods are safe and wholesome for human consumption.
    (d) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with malathion bait 
spray. These treatments must take place at 6 to 10-day intervals, 
starting a sufficient time before harvest (but not less than 30 days 
before harvest) to allow for completion of egg and larvae development of 
the Mediterranean fruit fly. Determination of the time period must be 
based on day degrees. Once treatment has begun, it must continue through 
the harvest period. The malathion bait spray treatment must be applied 
at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces 
by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by 
weight) per acre, for a total of 12 fluid ounces per acre.
    (e) Soil. Soil within the drip area of plants that are producing or 
have produced the berries, fruits, nuts, and vegetables listed in 
Sec. 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds 
actual ingredient per acre to the soil within the drip area with 
sufficient water to wet the soil to a depth of at least \1/2\ inch. Both 
immersion and pour-on treatment procedures are also acceptable.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 58 
FR 63031, Nov. 30, 1993; 59 FR 25791, May 18, 1994; 60 FR 52834, Oct. 
11, 1995; 62 FR 47557, Sept. 10, 1997]



                           Subpart--Witchweed

                       Quarantine and Regulations



Sec. 301.80  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Pursuant to the provisions of sections 8 
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and 
section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee), 
the Secretary of Agriculture heretofore determined, after public 
hearing, that it was necessary to quarantine the States of North 
Carolina and South Carolina, in order to prevent the spread of witchweed 
(Striga spp.), a parasitic plant which causes a dangerous disease of 
corn, sorghum, and other crops of the grass family, not theretofore 
widely prevalent or distributed within and throughout the United States, 
and accordingly quarantined said States. Under the authority of said 
provisions, the Secretary hereby continues such quarantine in effect 
with respect to the interstate movement from the quarantined States of 
the articles described in paragraph (b) of this section, issues the 
regulations in this subpart governing such movement, and gives notice of 
said quarantine and regulations.

[[Page 71]]

    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.80-1(p) as regulated articles), except in 
accordance with the conditions prescribed in this subpart:
    (1) Soil, compost, peat, humus, muck, and decomposed manure, 
separately or with other things; sand; and gravel.
    (2) Plants with roots.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Root crops, except those from which all soil has been removed.
    (7) Peanuts in shells and peanut shells, except boiled or roasted 
peanuts.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter of any kind.
    (10) Seed cotton and gin trash.
    (11) Stumpwood.
    (12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes, 
and watermelons, except those from which all soil has been removed.
    (13) Pickling cucumbers, string beans, and field peas.
    (14) Cabbage, except firm heads with loose outer leaves removed.
    (15) Leaf tobacco, except flue-cured leaf tobacco.
    (16) Ear corn, except shucked ear corn.
    (17) Sorghum.
    (18) Used crates, boxes, burlap bags, and cotton-picking sacks, and 
other used farm products containers.
    (19) Used farm tools.
    (20) Used mechanized cultivating equipment and used harvesting 
equipment.
    (21) Used mechanized soil-moving equipment.
    (22) Any other products, articles, or means of conveyance, of any 
character whatsoever, not covered by paragraphs (b) (1) through (20) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of witchweed, and the person in possession thereof has 
been so notified.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993]



Sec. 301.80-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    (a) Certificate. A document issued or authorized to be issued under 
this subpart by an inspector to allow the interstate movement of 
regulated articles to any destination.
    (b) Compliance agreement. A written agreement between a person 
engaged in growing, handling, or moving regulated articles, and the 
Plant Protection and Quarantine Programs, wherein the former agrees to 
comply with the requirements of this subpart identified in the agreement 
by the inspector who executes the agreement on behalf of the Plant 
Protection and Quarantine Programs as applicable to the operations of 
such person.
    (c) Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said Service to whom authority to act in his stead has been 
or may hereafter be delegated.
    (d) Farm tools. An instrument worked or used by hand, e.g., hoes, 
rakes, shovels, axes, hammers, and saws.
    (e) Generally infested area. Any part of a regulated area not 
designated as a suppressive area in accordance with Sec. 301.80-2.
    (f) Infestation. The presence of witchweed or the existence of 
circumstances that make it reasonable to believe that witchweed is 
present.
    (g) Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator to 
enforce the provisions of the quarantine and regulations in this 
subpart.

[[Page 72]]

    (h) Interstate. From any State into or through any other State.
    (i) Limited permit. A document issued or authorized to be issued by 
an inspector to allow the interstate movement of noncertifiable 
regulated articles to a specified destination for limited handling, 
utilization, or processing, or for treatment.
    (j) Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors, e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes, e.g., mechanical cotton harvesters, hay balers, corn pickers, 
and combines.
    (k) Mechanized soil-moving equipment. Mechanized equipment used to 
move or transport soil, e.g., draglines, bulldozers, road scrapers, and 
dumptrucks.
    (l) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved or allowed to be moved by any 
means. ``Movement'' and ``move'' shall be construed accordingly.
    (m) Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    (n) Plant Protection and Quarantine Programs. The organizational 
unit within the Animal and Plant Health Inspection Service delegated 
responsibility for enforcing provisions of the Plant Quarantine Act and 
Federal Plant Pest Act, and quarantines and regulations promulgated 
thereunder.
    (o) Regulated area. Any quarantined State, or any portion thereof, 
designated as a regulated area in Sec. 301.80-2a or otherwise designated 
as a regulated area in accordance with Sec. 301.80-2(b).
    (p) Regulated articles. Any articles described in Sec. 301.80(b).
    (q) Restricted destination permit. A document issued or authorized 
to be issued by an inspector to allow the interstate movement of 
regulated articles not certifiable under all applicable Federal domestic 
plant quarantines to a specified destination for other than scientific 
purposes.
    (r) Scientific permit. A document issued by the Deputy Administrator 
to allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    (s) Soil. That part of the upper layer of earth in which plants can 
grow.
    (t) State. Any State, territory, or district of the United States, 
including Puerto Rico.
    (u) Suppressive area. That portion of a regulated area where 
eradication of infestation is undertaken as an objective, as designated 
by the Deputy Administrator under Sec. 301.80-2(a).
    (v) Treatment Manual. The provisions currently contained in the 
``Manual of Administratively Authorized Procedures to be Used Under the 
Witchweed Quarantine'' and the ``Fumigation Procedures Manual'' and any 
amendments thereto. 1
---------------------------------------------------------------------------

    1  Pamphlets containing such provisions are available upon 
request to the Deputy Administrator, Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------

    (w) Witchweed. Parasitic plants of the genus Striga and reproductive 
parts thereof, including seeds.

[41 FR 27372, July 2, 1976]



Sec. 301.80-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall designate as regulated areas, in a 
supplemental regulation designated as Sec. 301.80-2a, each quarantined 
State, or each portion thereof in which witchweed has been found or in 
which there is reason to believe that witchweed is present or which it 
is deemed necessary to regulate because of its proximity to infestation 
or its inseparability for quarantine enforcement purposes from infested 
localities. The Deputy Administrator, in the supplemental regulation, 
may designate any regulated area or portion thereof, as a suppressive 
area or a generally infested area in accordance with the definitions 
thereof in

[[Page 73]]

Sec. 301.80-1. Less than an entire quarantined State will be designated 
as a regulated area only if the Deputy Administrator is of the opinion 
that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the interstate spread of 
witchweed.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator or an authorized 
inspector may temporarily designate any other premises in a quarantined 
State as a regulated area and may designate the regulated area or 
portions thereof as a suppressive or generally infested area, in 
accordance with the criteria specified in paragraph (a) of this section 
for designating such area, by serving written notice thereof on the 
owner or person in possession of such premises, and thereafter the 
interstate movement of regulated articles from such premises by any 
person having notice of the designation shall be subject to the 
applicable provisions of this subpart. As soon as practicable, such 
premises shall be added to the list in Sec. 301.80-2a if a basis then 
exists for their designation.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section. The 
Deputy Administrator or an inspector shall terminate the designation 
provided for under paragraph (b) of this section of any premises 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section, and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.80-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he may 
prescribe, if he finds that facts exist as to the pest risk involved in 
the movement of such regulated articles which make it safe to so relieve 
such requirements.

[41 FR 27372, July 2, 1976]



Sec. 301.80-2a  Regulated areas; generally infested and suppressive areas.

    The civil divisions and parts of civil divisions described below are 
designated as witchweed regulated areas within the meaning of this 
subpart.

                             North Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Bladen County. That area north of a line beginning at the 
intersection of the Robeson-Bladen County line and State Highway 211, 
then east along State Highway 211 Bypass to State Highway 242, then 
northeast along State Highway 242 to U.S. Highway 701, then north along 
U.S. Highway 701 to the Cape Fear River, then southeast along the Cape 
Fear River to the Bladen-Columbus County line.
    The Blanks, Alex, farm located on the north side of State Secondary 
Road 1734 and 0.5 mile southeast of its intersection with State Highway 
87.
    The Hardison, H.B., farm located on a field road 0.25 mile northwest 
of its intersection with State Secondary Road 1719 and 0.2 mile west of 
its intersection with State Secondary Road 1797.
    The Jacobs, Sammy, farm located on a field road 2.0 miles southwest 
of its intersection with State Secondary Road 1708 and 0.25 mile south 
of its intersection with State Secondary Road 211.
    The Maultsby, T.N., farm located on both sides of State Highway 87 
at 0.7 mile northwest of its intersection with State Secondary Road 
1743.
    The Williams, Johnny, farm located west of State Highway 211 
Business and 0.1 mile from its intersection with State Highway 211 
Bypass and 0.5 mile southeast of the Robeson-Bladen County line.
    Columbus County. The Biggs, K.M., farm located on the north side of 
State Secondary

[[Page 74]]

Road 1574 and 1.1 miles southeast of its intersection with State 
Secondary Road 1506.
    The Border Belt Research Station farm located on the west side of 
State Secondary Road 1537 and 0.3 mile northeast of its intersection 
with State Secondary Road 1002.
    The Britt, J.T., farm located on the east side of State Secondary 
Road 1504 and 1.3 miles northeast of its intersection with State 
Secondary Road 1504.
    The Gore, Nettie, farm located on the west side of U.S. Highway 76 
and 0.6 mile north of its intersection with State Secondary Road 1355.
    The Griffin, Wilson, farm located on the east side of State 
Secondary Road 1512 and 1.4 miles southwest of its intersection with 
State Highway 242.
    The Ivey, William, farm located on the south side of State Secondary 
Road 1504 and 0.3 mile from its intersection with State Secondary Road 
1506.
    The Keaton, Willie, farm located on the south side of State 
Secondary Road 1852 and 0.5 mile southwest of its intersection with 
State Highway 87.
    The Lennon, Calvin, farm located on the southwest side of State 
Secondary Road 1002 and 0.7 mile southeast of its intersection with 
State Highway 242.
    Cumberland County. That area bounded on the west by the Cape Fear 
River, then by a line running east and northeast along the Fayetteville 
city limits to U.S. Highway 301, then northeast along U.S. Highway 301 
to Interstate 95, then northeast along Interstate 95 to U.S. Highway 13, 
then east and northeast along U.S. Highway 13 to the Cumberland-Sampson 
County line.
    The Bullock, Berline, farm located on the north side of State 
Secondary Road 1722 and 0.2 mile west of its intersection with U.S. 
Highway 301.
    The Lewis, David, farm located on the west side of U.S. Highway 301 
and 0.1 mile south of its intersection with State Secondary Road 1802.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway 
301.
    The McKeithan, Sarah, farm located on the west side of U.S. Highway 
301 and 0.3 mile south of its intersection with State Secondary Road 
1856.
    The McKeithan, Zela, farm located on the east side of U.S. Highway 
301 and 0.3 mile south of its intersection with State Secondary Road 
1856.
    The McLaughlin, Cornell, farm located on the south side of State 
Secondary Road 2221 and 0.2 mile east of its intersection with State 
Secondary Road 2367.
    The McLaurin, George, farm located on the north side of State 
Secondary Road 1722 and 0.4 mile west of its intersection with U.S. 
Highway 301.
    The McNeill, Clifton, farm located on both sides of State Secondary 
Road 2241 at its intersection with State Secondary Road 2252.
    The Odom, Marshall, farm located on the north side of State 
Secondary Road 1722 and 0.1 mile west of its intersection with U.S. 
Highway 301.
    The Patterson, Theodore, farm located on the north side of State 
Road 1288 at its intersection with State Secondary Road 1116.
    The Underwood, Olive T., farm located on the east side of State 
Secondary Road 1723 and 0.8 mile south of its junction with State 
Secondary Road 1722.
    The Williams, Howard, farm located at the end of State Secondary 
Road 2243, which is a dead end road.
    Pender County. The Kea, Leo, farm located 0.3 mile east of State 
Secondary Road 1105 and 1.2 miles south of its intersection with State 
Secondary Road 1104.
    The Keith, F.R., farm located on both sides of State Secondary Road 
1130 and 0.7 mile west of its junction with State Highway 210.
    The Manuel, George, farm located 0.1 mile south of State Highway 210 
and 0.2 mile west of its junction with State Secondary Road 1103.
    The McCallister, Mary, farm located 0.2 mile east of State Secondary 
Road 1105 and 1.1 miles south of its intersection with State Secondary 
Road 1104.
    The Zibelin, John R., farm located 0.5 mile east of State Secondary 
Road 1105 and 1.2 miles south of its intersection with State Secondary 
Road 1104.
    Robeson County. That area west and south of a line beginning at the 
intersection of Interstate 95 and the Cumberland-Robeson County line and 
extending southeast along Interstate 95 to State Highway 211 then 
northeast along State Highway 211 to the Robeson-Bladen County line.
    The Epps, Frank, farm located on the northeast side of a field road 
0.5 mile east of its intersection with State Secondary Road 1935 and 0.7 
mile east of its intersection with U.S. Highway 301.
    The Smith, Josephine, farm located on the west side of State 
Secondary Road 1937 and 0.2 mile south of its intersection with State 
Secondary Road 1933.
    The Warwick, W.M., farm located on a field road 0.3 mile north of 
State Secondary Road 2120 and 0.5 mile west of its intersection with 
State Highway 211.
    Sampson County. That area south of a line beginning at a point where 
U.S. Highway 421 intersects the Sampson-Harnett County line, then 
southeast along U.S. Highway 421 to the Sampson-Pender County line.
    The Bryant, Ermon Estate, farm located on the north side of State 
Secondary Road 1943 and 0.6 mile northwest of its intersection with 
State Secondary Road 1942.
    The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road 
1736 and 1 mile

[[Page 75]]

south of its intersection with State Secondary Road 1731.
    The Merritt, David, farm located on a field road 0.5 mile south of 
State Secondary Road 1943 and 0.4 mile southwest of its intersection 
with State Secondary Road 1944.
    The Pate, Ray, farm located on the west side of State Secondary Road 
1738 and 0.6 mile southeast of its intersection with State Secondary 
Road 1740.
    The Quarter M Farms farm located on a field road 0.2 mile southeast 
of State Secondary Road 1955 and 0.7 mile southeast of its intersection 
with State Secondary Road 1945.
    The Strickland, Edgebert, farm located on the north side of State 
Highway 421 and 1 mile east of its intersection with State Secondary 
Road 1703.

                             South Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Dillon County. The Adams, Coble, farm located west of State 
Secondary Highway 23 and 0.2 mile north of its intersection with State 
Secondary Highway 286.
    The Wise, Wilbur, farm located on the south side of a field road and 
0.15 mile southeast of the junction of the road with State Secondary 
Road 626 and 0.55 mile southwest of the intersection of State Secondary 
Road 625 with State Highway 38.
    Horry County. That area bounded by a line beginning at a point where 
U.S. Highway 76 intersects the South Carolina-North Carolina State line, 
then south along U.S. Highway 76 to State Secondary Highway 44, then 
south along State Secondary Highway 44 to State Secondary Highway 19, 
then south along State Secondary Highway 19 to Honey Camp Branch, then 
southwest along Honey Camp Branch to Lake Swamp, then east along Lake 
Swamp to Prince Mill Swamp, then south along Prince Mill Swamp to State 
Secondary Highway 309, then southwest along State Secondary Highway 309 
to State Secondary Highway 45, then southwest along State Secondary 
Highway 45 to State Secondary Highway 129, then northwest along State 
Secondary Highway 129 to U.S. Highway 501, then northwest along U.S. 
Highway 501 to the Little Pee Dee River, then northeast along the Little 
Pee Dee River to the Lumber River, then northeast along the Lumber River 
to the South Carolina-North Carolina State line, then southeast along 
the State line to the point of beginning.
    That area south of a line beginning at the intersection of the 
Waccamaw River and State Secondary Highway 638, then southeast along 
State Secondary Highway 638 to State Primary Highway 90, then north 
along State Primary Highway 90 to an unpaved road known as Water Tower 
Road, then east along Water Tower Road to an unpaved road known as 
Telephone Road, then southeast along Telephone Road to the northern tip 
of Long Bay, then west along Long Bay to Dogwood Road, then northwest 
along Dogwood Road to South Carolina Primary Highway 90, then northeast 
along South Carolina Primary Highway 90 to the north branch of Mills 
Swamp, then west along this branch to the Waccamaw River, then northeast 
along the Waccamaw River to the point of beginning.
    The Harden, John, farm located on the northwest side of a dirt road 
and 0.4 mile northeast of the junction of this dirt road with State 
Secondary Roads 105 and 377.
    The Stevens, James, farm located on the south side of a dirt road 
and 0.3 mile northeast of its junction with State Secondary Highway 112, 
this junction being 1.2 miles east of the junction of State Secondary 
Highway 112 with State Secondary Highway 139.
    Marion County. That area north, west, and east of a line beginning 
at the intersection of State Primary Highway 41A and the North Carolina-
South Carolina State lines, then southwest along State Primary Highway 
41A to the Marion city limits, then southeast along the Marion city 
limits to U.S. Highway 76, then east along U.S. Highway 76 to the 
Mullins city limits, then southeast along the Mullins city limits to 
State Primary Highway 917, then southeast along State Primary Highway 
917 to the Little Pee Dee River.

[63 FR 31602, June 10, 1998]



Sec. 301.80-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit and other requirements of this subpart if they meet the 
applicable conditions prescribed in paragraphs (a) (1) through (5) of 
this section and have not been exposed to infestation after cleaning or 
other handling as prescribed in said paragraph:
    (1) Small grains, if harvested in bulk or into new or treated 
containers, and if the grains and containers for the grains have not 
come in contact with the soil or if they have been cleaned at a designed 
facility. 2
---------------------------------------------------------------------------

    2  Information as to designated facilities, gins, oil mills, 
and processing plants may be obtained from an inspector. Any facility, 
gin, oil mill, or processing plant is eligible for designation under 
this subpart if the operator thereof enters into a compliance agreement 
(as defined in Sec. 301.80-1(b)).

---------------------------------------------------------------------------

[[Page 76]]

    (2) Soybeans, when determined by an inspector that the soybeans were 
grown, harvested, and handled in a manner to prevent contamination from 
witchweed seed.
    (3) Pickling cucumbers, string beans, and field peas, if washed free 
of soil with running water.
    (4) Used farm tools, if cleaned free of soil.
    (5) Used mechanized cultivating equipment and used mechanized soil-
moving equipment, if cleaned free of soil.
    (b) The following article is exempt from the certification and 
permit requirements of Sec. 301.80-4 under the applicable conditions as 
prescribed in paragraph (b)(1) of this section:
    (1) Seed cotton, if moving to a designated gin. 2

[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 
1988]



Sec. 301.80-3  Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles, except soil samples for processing, 
testing, or analysis, may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Secs. 301.80-4 and 301.80-7, if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the witchweed and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or

    (2) Without certificate or permit if moved:

    (i) From any regulated area under the provisions of Sec. 301.80-2b 
which exempts certain articles from certificate and permit requirements; 
or

    (ii) From a generally infested area to a contiguous generally 
infested area; or

    (iii) From a suppressive area to a contiguous generally infested 
area; or

    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the witchweed exists; or

    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or

    (3) From any area outside the regulated areas, if moved:

    (i) With a certificate or permit attached; or

    (ii) Without a certificate or permit, if:

    (A) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.80-2b; or

    (B) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.

    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing, or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \4\ by the Deputy Administrator and so listed by him in a 
supplemental regulation. \5\

[[Page 77]]

A certificate or permit will not be required to be attached to such soil 
samples except in those emergency situations where the Deputy 
Administrator has authorized such movement to another destination with a 
certificate or permit issued and attached in accordance with 
Secs. 301.80-4(d) and 301.80-7. Soil samples originating in areas 
outside of the regulated areas will not require such a certificate or 
permit and their movement is not restricted to approved laboratories if 
the point of origin of such samples is clearly indicated on the articles 
or shipping document which accompanies the articles and if the movement 
is not made through any regulated area.
---------------------------------------------------------------------------

    \4\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \5\ For list of approved laboratories, see (41 FR 4615 and 
amendments thereof).

[41 FR 27373, July 2, 1976]



Sec. 301.80-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if he 
determines that they are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles and:

    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or

    (2) Have been treated to destroy infestation in accordance with the 
treatment manual; or

    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.

    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing, or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with the 
treatment manual, when upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of witchweed and requirements of other applicable Federal 
domestic plant quarantines have been met.

    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles, and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations, 
may be issued by the Deputy Administrator under such conditions as may 
be prescribed in each specific case by the Deputy Administrator to 
prevent the spread of witchweed.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments of regulated articles (except soil samples for 
processing, testing, or analysis) provided such person is operating 
under a compliance agreement; and any such person may be authorized by 
an inspector to reproduce such forms on shipping containers or 
otherwise. Any such person may execute and issue the certificate forms, 
or reproductions of such forms, for the interstate movement of regulated 
articles from the premises of such person identified in the compliance 
agreement if such person has treated such regulated articles to destroy 
infestation in accordance with the treatment manual, and if such 
regulated articles are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles. Any such person may execute and issue the limited permit 
forms, or reproductions of such forms, for interstate movement of 
regulated articles to specified destinations when the inspector has made 
the determinations specified in paragraph (b) of this section. Any such 
person may execute and issue the restricted destination permit forms, or 
reproductions of such forms, for the interstate movement of

[[Page 78]]

regulated articles not eligible for certification under all Federal 
domestic plant quarantines applicable to such articles, under the 
conditions specified in paragraph (c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he 
determines that the holder thereof has not complied with any condition 
for the use of such document imposed by this subpart. As soon as 
possible after such withdrawal, the holder of the certificate or permit 
shall be notified in writing by the Deputy Administrator or an inspector 
of the reason therefor and afforded reasonable opportunity to present 
his views thereon, and if there is a conflict as to any material fact, a 
hearing shall be held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever he finds that such other party has 
failed to comply with the conditions of the agreement. As soon as 
possible after such cancellation, such party shall be notified in 
writing by the Deputy Administrator or an inspector of the reason 
therefor and afforded reasonable opportunity to present views thereon, 
and if there is a conflict as to any material fact, a hearing shall be 
held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.80-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
a manner as the inspector designates to facilitate inspection.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificates or permit shall be 
securely attached to the outside of the container in which such articles 
are moved except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and witchweed as provided in section 10 of the Plant 
Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest 
Act (7 U.S.C. 150dd), in accordance with instructions issued by the 
Deputy Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-9  Movement of witchweed.

    Regulations requiring a permit for, and otherwise governing the 
movement of witchweed in interstate or foreign commerce are contained in 
the Federal

[[Page 79]]

plant pest regulations in part 330 of this chapter. Applications for 
permits for the movement of the pest may be made to the Deputy 
Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



                       Subpart--Imported Fire Ant

    Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.81  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.



Sec. 301.81-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved interstate to 
any destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Imported fire ant. Living imported fire ants of the species 
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of 
these species.
    Infestation (infested). The presence of an imported fire ant queen 
or a reproducing colony of imported fire ants, except that on grass sod 
and plants with roots and soil attached, an infestation is the presence 
of any life form of the imported fire ant.
    Inspector. An APHIS employee or other person authorized by the 
Administrator to enforce the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for interstate movement only to a specified destination and in 
accordance with conditions specified on the permit.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Noncompacted soil. Soil that can be removed from an article by brisk 
brushing or washing with water under normal city water pressure (at 
least 4 gallons per minute at 40 to 50 pounds per square inch through a 
\1/2\-inch orifice).
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Reproducing colony. A combination of one or more imported fire ant 
workers and one or more of the following immature imported fire ant 
forms: Eggs, larvae, or pupae.
    Soil. Any non-liquid combination of organic and/or inorganic 
material in which plants can grow.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.81-2  Regulated articles.

    The following are regulated articles:

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    (a) Imported fire ant queens and reproducing colonies of imported 
fire ants.\1\
---------------------------------------------------------------------------

    \1\ Permit and other requirements for the interstate movement of 
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) Soil,\2\ separately or with other articles, except potting soil 
that is shipped in original containers in which the soil was placed 
after commercial preparation.
---------------------------------------------------------------------------

    \2\ The movement of soil from Puerto Rico is subject to additional 
provisions in part 330 of this chapter.
---------------------------------------------------------------------------

    (c) Baled hay and baled straw stored in direct contact with the 
ground;
    (d) Plants and sod with roots and soil attached, except plants 
maintained indoors in a home or office environment and not for sale;
    (e) Used soil-moving equipment, unless removed of all noncompacted 
soil; and
    (f) Any other article or means of conveyance when:
    (1) An inspector determines that it presents a risk of spread of the 
imported fire ant due to its proximity to an infestation of the imported 
fire ant; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-3  Quarantined areas.

    (a) The Administrator will quarantine each State or each portion of 
a State that is infested.
    (b) Less than an entire State will be listed as a quarantined area 
only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles listed in Sec. 301.81-2 
that are equivalent to the interstate movement restrictions imposed by 
this subpart; and
    (2) Designating less than the entire State as a quarantined area 
will prevent the spread of the imported fire ant.
    (c) The Administrator may include uninfested acreage within a 
quarantined area due to its proximity to an infestation or 
inseparability from the infested locality for quarantine purposes, as 
determined by:
    (1) Projections of spread of imported fire ant around the periphery 
of the infestation, as determined by previous years' surveys;
    (2) Availability of natural habitats and host materials, within the 
uninfested acreage, suitable for establishment and survival of imported 
fire ant populations; and
    (3) Necessity of including uninfested acreage within the quarantined 
area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonquarantined area, or, in the case of 
publicly owned land, to the person responsible for the management of the 
nonquarantined area; thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area 
either will be added to the list of designated quarantined areas in 
paragraph (e) of this section, or the Administrator will terminate the 
designation. The owner or person in possession of, or, in the case of 
publicly owned land, the person responsible for the management of, an 
area for which the designation is terminated will be given written 
notice of the termination as soon as practicable.
    (e) The areas described below are designated as quarantined areas:

                                 Alabama

    The entire State.

                                Arkansas

    Ashley County. The entire county.
    Bradley County. The entire county.
    Calhoun County. The entire county.
    Chicot County. The entire county.
    Cleveland County. The entire county.
    Columbia County. The entire county.
    Dallas County. The entire county.
    Desha County. The entire county.
    Drew County. The entire county.
    Garland County. The entire county.

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    Grant County. That portion of the county south of the south line T. 
5 S. and east of State Highway 167. That portion of the county south of 
U.S. Highway 270, including the corporate city limits of Sheridan.
    Hempstead County. That portion of the county south of Interstate 30, 
including all of the incorporated city limits of Hope. That portion of 
the county south of Arkansas Highway 24.
    Hot Springs County. That portion of the county east of Interstate 30 
to the intersection with U.S. Highway 270; then south of U.S. 270 to the 
Hot Springs County/Grant County line, including the corporate city 
limits of Malvern.
    Howard County. The entire county.
    Jefferson County. The entire county.
    Lafayette County. The entire county.
    Lincoln County. The entire county.
    Little River County. The entire county.
    Miller County. The entire county.
    Nevada County. That portion of the county south of the south line of 
T. 10 S. and the Little Missouri River.
    Ouachita County. The entire county.
    Pike County. The entire county.
    Pulaski County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.

                               California

    Los Angeles County. That portion of Los Angeles County in the 
Cerritos area bounded by a line beginning at the intersection of Artesia 
Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the 
Los Angeles/Orange County Line; then south and west along the Los 
Angeles/Orange County Line to Carson Street; then west along Carson 
Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
Centralia Street; then west along Centralia Street to Pioneer Boulevard; 
then north along Pioneer Boulevard to South Street; then east along 
South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
183rd Street; then east along 183rd Street to Bloomfield Avenue; then 
north along Bloomfield Avenue to Artesia Boulevard; then east along 
Artesia Boulevard to the point of beginning.
    That portion of Los Angeles County in the Azusa area bounded by a 
line beginning at the intersection of Irwindale Avenue and Foothill 
Boulevard; then east along Foothill Boulevard to Azusa Avenue; then 
south along Azusa Avenue to East Fifth Street; then east along East 
Fifth Street to North Cerritos Avenue; then south along North Cerritos 
Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, 
then south along Azusa Avenue to Covina Boulevard; then west along an 
imaginary line to the intersection of Martinez Street and Irwindale 
Avenue; then north along Irwindale Avenue to the point of beginning.
    Orange County. The entire county.
    Riverside County. That portion of Riverside County in the Indio area 
bounded by a line beginning at the intersection of Avenue 50 and Jackson 
Street; then south along Jackson Street to 54th Avenue; then west along 
54th Avenue to Madison Street; then north along Madison Street to Avenue 
50; then east along Avenue 50 to the point of beginning.
    That portion of Riverside County in the Moreno Valley area bounded 
by a line beginning at the intersection of Reche Vista Drive and Canyon 
Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; 
then east along Valley Ranch Road to Michael Way; then south along 
Michael Way to Casey Court; then east along Casey Court to the Moreno 
Valley City Limits; then south and east along the Moreno Valley City 
Limits to Pico Vista Way; then southwest along Pico Vista Way to Los 
Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then 
west along Jaclyn Avenue to Perris Boulevard; then south along Perris 
Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard 
Street; then north along Hubbard Street to Nightfall Way; then west and 
south along Nightfall Way to Sundial Way; then west along Sundial Way to 
Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west 
along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane 
to Moonraker Lane; then west along Moonraker Lane to Davis Street; then 
south along Davis Street to Gregory Lane; then west along Gregory Lane 
to Heacock Street; then northwest along an imaginary line to the 
intersection of Lake Valley Drive and Breezy Meadow Drive; then north 
along Breezy Meadow Drive to its intersection with Stony Creek; then 
north along an imaginary line to the intersection of Old Lake Drive and 
Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to 
El Granito Street; then east along El Granito Street to Lawless Road; 
then east along an imaginary line to the intersection of Heacock Street 
and Reche Vista Drive; then north along Reche Vista Drive to the point 
of beginning.
    That portion of Riverside County in the Bermuda Dunes, Palm Desert, 
and Rancho Mirage areas bounded by a line beginning at the intersection 
of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to 
Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo 
Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then 
west along Gerald Ford Drive to Bob Hope Drive; then south along Bob 
Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive 
to Vista Del Sol; then south along Vista Del Sol to Country Club Drive; 
then east along Country Club

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Drive to Adams Street; then south along Adams Street to 42nd Avenue; 
then east along 42nd Avenue to Tranquillo Place; then south along 
Tranquillo Place to its intersection with Harbour Court; then southwest 
along an imaginary line to the intersection of Granada Drive and 
Caballeros Drive; then southeast along Caballeros Drive to Kingston 
Drive; then west along Kingston Drive to Mandeville Road; then east 
along Mandeville Road to Port Maria Road; then south along Port Maria 
Road to Fred Waring Drive; then west along Fred Waring Drive to its 
intersection with Dune Palms Road; then southwest along an imaginary 
line to the intersection of Adams Street and Miles Avenue; then west 
along Miles Avenue to Washington Street; then northwest along Washington 
Street to Fred Waring Drive; then west along Fred Waring Drive to Joshua 
Road; then north along Joshua Road to Park View Drive; then west along 
Park View Drive to State Highway 111; then northwest along State Highway 
111 to Magnesia Fall Drive; then west along Magnesia Fall Drive to 
Gardess Road; then northwest along Gardess Road to Dunes View Road; then 
northeast along Dunes View Road to Halgar Road; then northwest along 
Halgar Road to Indian Trail Road; then northeast along Indian Trail Road 
to Mirage Road; then north along Mirage Road to State Highway 111; then 
northwest along State Highway 111 to Frank Sinatra Drive; then west 
along Frank Sinatra Drive to Da Vall Drive; then north along Da Vall 
Drive to Ramon Road; then east along Ramon Road to the point of 
beginning.
    That portion of Riverside County in the Palm Springs area bounded by 
a line beginning at the intersection of Tramway Road, State Highway 111, 
and San Rafael Drive; then east along San Rafael Drive to Indian Canyon 
Drive; then south along Indian Canyon Drive to Francis Drive; then east 
along Francis Drive to North Farrell Drive; then south along North 
Farrell Drive to Verona Road; then east along Verona Road to Whitewater 
Club Drive; then east along an imaginary line to the intersection of 
Verona Road and Ventura Drive; then east along Verona Road to Avenida 
Maravilla; then east and south along Avenida Maravilla to 30th Avenue; 
then west along 30th Avenue to its end; then due west along an imaginary 
line to the Whitewater River; then southeast along the Whitewater River 
to Dinah Shore Drive; then west along an imaginary line to the east end 
of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then 
south along Golf Club Drive to East Palm Canyon Drive; then south along 
an imaginary line to the intersection of Desterto Vista and Palm Hills 
Drive; then south along Palm Hills Drive to its end; then southwest 
along an imaginary line to the intersection of Murray Canyon and Palm 
Canyon Drive; then northwest along Palm Canyon Drive to the Palm Springs 
city limits; then west and north along Palm Springs city limits to 
Tahquitz Creek; then due north along an imaginary line to Tramway Road; 
then northeast along Tramway Road to the point of beginning.

                                 Florida

    The entire State.

                                 Georgia

    Appling County. The entire county.
    Atkinson County. The entire county.
    Bacon County. The entire county.
    Baker County. The entire county.
    Baldwin County. The entire county.
    Banks County. The entire county.
    Barrow County. The entire county.
    Bartow County. The entire county.
    Ben Hill County. The entire county.
    Berrien County. The entire county.
    Bibb County. The entire county.
    Bleckley County. The entire county.
    Brantley County. The entire county.
    Brooks County. The entire county.
    Bryan County. The entire county.
    Bulloch County. The entire county.
    Burke County. The entire county.
    Butts County. The entire county.
    Calhoun County. The entire county.
    Camden County. The entire county.
    Candler County. The entire county.
    Carroll County. The entire county.
    Catoosa County. The entire county.
    Charlton County. The entire county.
    Chatham County. The entire county.
    Chattachoochee County. The entire county.
    Chattooga County. The entire county.
    Cherokee County. The entire county.
    Clarke County. The entire county.
    Clay County. The entire county.
    Clayton County. The entire county.
    Clinch County. The entire county.
    Cobb County. The entire county.
    Coffee County. The entire county.
    Colquitt County. The entire county.
    Columbia County. The entire county.
    Cook County. The entire county.
    Coweta County. The entire county.
    Crawford County. The entire county.
    Crisp County. The entire county.
    Dade County. The entire county.
    Dawson County. The entire county.
    Decatur County. The entire county.
    De Kalb County. The entire county.
    Dodge County. The entire county.
    Dooly County. The entire county.
    Dougherty County. The entire county.
    Douglas County. The entire county.
    Early County. The entire county.
    Echols County. The entire county.
    Effingham County. The entire county.
    Elbert County. The entire county.
    Emanuel County. The entire county.
    Evans County. The entire county.

[[Page 83]]

    Fannin County. The entire county.
    Fayette County. The entire county.
    Floyd County. The entire county.
    Forsyth County. The entire county.
    Franklin County. The entire county.
    Fulton County. The entire county.
    Gilmer County. The entire county.
    Glascock County. The entire county.
    Glynn County. The entire county.
    Gordon County. The entire county.
    Grady County. The entire county.
    Greene County. The entire county.
    Gwinnett County. The entire county.
    Habersham County. The entire county.
    Hall County. The entire county.
    Hancock County. The entire county.
    Haralson County. The entire county.
    Harris County. The entire county.
    Hart County. The entire county.
    Heard County. The entire county.
    Henry County. The entire county.
    Houston County. The entire county.
    Irwin County. The entire county.
    Jackson County. The entire county.
    Jasper County. The entire county.
    Jeff Davis County. The entire county.
    Jefferson County. The entire county.
    Jenkins County. The entire county.
    Johnson County. The entire county.
    Jones County. The entire county.
    Lamar County. The entire county.
    Lanier County. The entire county.
    Laurens County. The entire county.
    Lee County. The entire county.
    Liberty County. The entire county.
    Lincoln County. The entire county.
    Long County. The entire county.
    Lowndes County. The entire county.
    Lumpkin County. The entire county.
    Macon County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    McDuffie County. The entire county.
    McIntosh County. The entire county.
    Meriwether County. The entire county.
    Miller County. The entire county.
    Mitchell County. The entire county.
    Monroe County. The entire county.
    Montgomery County. The entire county.
    Morgan County. The entire county.
    Murray County. The entire county.
    Muscogee County. The entire county.
    Newton County. The entire county.
    Oconee County. The entire county.
    Oglethorpe County. The entire county.
    Paulding County. The entire county.
    Peach County. The entire county.
    Pickens County. The entire county.
    Pierce County. The entire county.
    Pike County. The entire county.
    Polk County. The entire county.
    Pulaski County. The entire county.
    Putnam County. The entire county.
    Quitman County. The entire county.
    Randolph County. The entire county.
    Richmond County. The entire county.
    Rockdale County. The entire county.
    Schley County. The entire county.
    Screven County. The entire county.
    Seminole County. The entire county.
    Spalding County. The entire county.
    Stephens County. The entire county.
    Stewart County. The entire county.
    Sumter County. The entire county.
    Talbot County. The entire county.
    Taliaferro County. The entire county.
    Tattnall County. The entire county.
    Taylor County. The entire county.
    Telfair County. The entire county.
    Terrell County. The entire county.
    Thomas County. The entire county.
    Tift County. The entire county.
    Toombs County. The entire county.
    Treutlen County. The entire county.
    Troup County. The entire county.
    Turner County. The entire county.
    Twiggs County. The entire county.
    Upson County. The entire county.
    Walker County. The entire county.
    Walton County. The entire county.
    Ware County. The entire county.
    Warren County. The entire county.
    Washington County. The entire county.
    Wayne County. The entire county.
    Webster County. The entire county.
    Wheeler County. The entire county.
    White County. The entire county.
    Whitfield County. The entire county.
    Wilcox County. The entire county.
    Wilkes County. The entire county.
    Wilkinson County. The entire county.
    Worth County. The entire county.

                                Louisiana

    The entire State.

                               Mississippi

    The entire State.

                               New Mexico

    Dona Ana County. The entire county.

                             North Carolina

    Anson County. The entire county.
    Beaufort County. The entire county.
    Bertie County. That portion of the county beginning at the 
intersection of U.S. Highway 17 North by-pass and the Bertie/Martin 
County line; then north along U.S. Highway 17 North by-pass to U.S. 
Highway 13 Business; then north along U.S. Highway 13 Business to State 
Road 1301; then northeast along State Road 1301 to State Highway 45; 
then east along State Highway 45 to State Road 1360; then east along 
State Road 1360 to the Bertie/Chowan County line; then south along the 
Bertie/Chowan County line to the Bertie/Washington County line; then 
southwest along the Bertie/Washington County line to the Bertie/Martin 
County line; then west along the Bertie/Martin County line to the point 
of beginning.
    Bladen County. The entire county.

[[Page 84]]

    Brunswick County. The entire county.
    Cabarrus County. That portion of the county bounded by a line 
beginning at the intersection of the Cabarrus/Mecklenburg County line 
and State Highway 73; then east along State Highway 73 to U.S. Highway 
601 Business; then southeast along U.S. Highway 601 Business to State 
Highway 200; then southeast along State Highway 200 to the Cabarrus/
Stanly County line; then south along the Cabarrus/Stanly County line to 
the Cabarrus/Union County line; then northwest along the Cabarrus/Union 
County line to the Cabarrus/Mecklenburg County line; then northwest 
along the Cabarrus/Mecklenburg County line to the point of beginning.
    Carteret County. The entire county.
    Chowan County. That portion of the county lying south of U.S. 
Highway 17.
    Columbus County. The entire county.
    Craven County. The entire county.
    Cumberland County. The entire county.
    Dare County. The entire county, excluding the portion of the barrier 
islands south of Oregon Inlet.
    Duplin County. The entire county.
    Greene County. That portion of the county beginning at the 
intersection of the Greene/Lenoir County line and U.S. Highway 258; then 
north along U.S. Highway 258 to the Greene/Pitt County line; then south 
along the Greene/Pitt County line to the Greene/Lenoir County line; then 
southwest along the Greene/Lenoir County line to the point of beginning.
    Hoke County. The entire county.
    Hyde County. The entire county.
    Jones County. The entire county.
    Lenoir County. The entire county.
    Martin County. That portion of the county beginning at the 
intersection of the Martin/Pitt County line and U.S. Highway 64 (new); 
then east along U.S. Highway 64 (new) to State Road 1407; then northeast 
along State Road 1407 to State Road 1409; then east along State Road 
1409 to State Road 1423; then north along State Road 1423 to its end; 
then north along an imaginary line to the Roanoke River; then east along 
the shoreline of the Roanoke River to the Martin/Washington County line; 
then south along the Martin/Washington County line to the Martin/
Beaufort County line; then west along the Martin/Beaufort County line to 
the Martin/Pitt County line; then northwest along the Martin/Pitt County 
line to the point of beginning.
    Mecklenburg County. That portion of the county beginning at the 
intersection of the Mecklenburg/Cabarrus County line and State Road 2459 
(Eastfield Road); then south along State Road 2459 (Eastfield Road) to 
State Highway 115; then north along State Highway 115 to State Road 2117 
(Hambright Road); then west along State Road 2117 (Hambright Road) to 
State Road 2074 (Beatties Road/Neck Road); then west along State Road 
2074 (Beatties Road/Neck Road) to the Catawba River; then south along 
the shoreline of the Catawba River to the North Carolina/South Carolina 
State line; then east, north, and west along the North Carolina/South 
Carolina State line to the Mecklenburg/Union County line; then northeast 
along the Mecklenburg/Union County line to the Mecklenburg/Cabarrus 
County line; then northwest along the Mecklenburg/Cabarrus County line 
to the point of beginning.
    Montgomery County. The entire county.
    Moore County. That portion of the county bounded by a line beginning 
at the intersection of the Moore/Chatham County line and State Highway 
22; then south along State Highway 22 to State Highway 24/27; then east 
along State Highway 24/27 to State Road 1805 (Union Church Road); then 
southeast along State Road 1805 (Union Church Road) to U.S. Highway 1; 
then south along U.S. Highway 1 to State Road 1001 (Lobelia Road); then 
southeast along State Road 1001 (Lobelia Road) to the Moore/Cumberland 
County line; then north along the Moore/Cumberland County line to the 
Moore/Harnett County line; then north, west, and east along the Moore/
Harnett County line to the Moore/Lee County line; then northwest along 
the Moore/Lee County line to the Moore/Chatham County line; then west 
along the Moore/Chatham County line to the point of beginning.
    New Hanover County. The entire county.
    Onslow County. The entire county.
    Pamlico County. The entire county.
    Pender County. The entire county.
    Perquimans County. That portion of the county beginning at the 
intersection of the Perquimans/Chowan County line and U.S. Highway 17 
North; then northeast along U.S. Highway 17 North to U.S. Highway 17 
North by-pass; then northeast along U.S. Highway 17 North by-pass to the 
Perquimans River; then southeast along the shoreline of the Perquimans 
River to the Albemarle Sound; then west and north along the shoreline of 
the Albemarle Sound to the Perquimans/Chowan County line; then northwest 
along the Perquimans/Chowan County line to the point of beginning.
    Pitt County. The entire county.
    Richmond County. The entire county.
    Robeson County. The entire county.
    Sampson County. That portion of the county bounded by a line 
beginning at the intersection of the Sampson/Cumberland County line and 
U.S. Highway 13; then northeast along U.S. Highway 13 to the Sampson/
Wayne County line; then southeast along the Sampson/Wayne County line to 
the Sampson/Duplin County line; then south and east along the Sampson/
Duplin County line to the Sampson/Pender County line; then southwest 
along the Sampson/Pender County line to the Sampson/Bladen County line; 
then northwest along the Sampson/Bladen County line

[[Page 85]]

to the Sampson/Cumberland County line; then northwest along the Sampson/
Cumberland County line to the point of beginning.
    Scotland County. The entire county.
    Stanly County. That portion of the county bounded by a line 
beginning at the intersection of the Stanly/Cabarrus County line and 
State Highway 24/27; then east along State Highway 24/27 to the Stanly/
Montgomery County line; then south along the Stanly/Montgomery County 
line to the Stanly/Anson County line; then west along the Stanly/Anson 
County line to the Stanly/Union County line; then west along the Stanly/
Union County line to the Stanly/Cabarrus County line; then north along 
the Stanly/Cabarrus County line to the point of beginning.
    Tyrrell County. The entire county.
    Union County. The entire county.
    Washington County. The entire county.
    Wayne County. That portion of the county bounded by a line beginning 
at the intersection of the Wayne/Duplin County line and U.S. Highway 
117; then north along U.S. Highway 117 to State Highway 111; then north 
along State Highway 111 to State Road 1003 (New Hope Road); then east 
along State Road 1003 (New Hope Road) to State Road 1714 (Parkstown 
Road); then east along State Road 1714 (Parkstown Road) to the Wayne/
Lenoir County line; then south along the Wayne/Lenoir County line to the 
Wayne/Duplin County line; then west along the Wayne/Duplin County line 
to the point of beginning.

                                Oklahoma

    Bryan County. The entire county.
    Carter County. The entire county.
    Choctaw County. The entire county.
    Comanche County. The entire county.
    Johnston County. The entire county.
    Love County. The entire county.
    Marshall County. The entire county.
    McCurtain County. The entire county.

                               Puerto Rico

    The entire State.

                             South Carolina

    Abbeville County. The entire county.
    Aiken County. The entire county.
    Allendale County. The entire county.
    Anderson County. That portion of the county bounded by a line 
beginning at the intersection of South Carolina Primary Highway 28 and 
the Pickens County/Anderson County line; then southeast along South 
Carolina Primary Highway 28 to its intersection with County Road 115; 
then southeast along County Road 115 to its intersection with County 
Road 29; then southeast along County Road 29 to its intersection with 
County Road 81; then south along County Road 81 to its intersection with 
South Carolina Highway 247; then east along this highway to its 
intersection with the eastern Anderson County line; then south, 
southwest, north and northeast along this county line to the point of 
beginning.
    Bamberg County. The entire county.
    Barnwell County. The entire county.
    Beaufort County. The entire county.
    Berkeley County. The entire county.
    Calhoun County. The entire county.
    Charleston County. The entire county.
    Cherokee County. That portion of the county bounded by a line 
beginning at the intersection of the Cherokee/Spartanburg County line 
and Interstate Highway 85; then north along Interstate Highway 85 to the 
South Carolina/North Carolina State line; then east along the South 
Carolina/North Carolina State line to the Cherokee/York County line; 
then south along the Cherokee/York County line to the Cherokee/Union 
County line; then northwest along the Cherokee/Union County line to the 
Cherokee/Spartanburg County line; then northwest along the Cherokee/
Spartanburg County line to the point of beginning.
    Chester County. The entire county.
    Chesterfield County. The entire county.
    Clarendon County. The entire county.
    Colleton County. The entire county.
    Darlington County. The entire county.
    Dillon County. The entire county.
    Dorchester County. The entire county.
    Edgefield County. The entire county.
    Fairfield County. The entire county.
    Florence County. The entire county.
    Georgetown County. The entire county.
    Greenwood County. The entire county.
    Greenville County. That portion of the county bounded by a line 
beginning at the intersection of U.S. Highway 29 and the western 
Greenville County line; then east along U.S. Highway 29 to its 
intersection with the eastern Greenville County line; then south, 
southwest, and north along the eastern Greenville County line to the 
point of beginning.
    Hampton County. The entire county.
    Horry County. The entire county.
    Jasper County. The entire county.
    Kershaw County. The entire county.
    Lancaster County. The entire county.
    Laurens County. The entire county.
    Lee County. The entire county.
    Lexington County. The entire county.
    Marion County. The entire county.
    Marlboro County. The entire county.
    McCormick County. The entire county.
    Newberry County. The entire county.
    Oconee County. That portion of the county bounded by a line 
beginning at the intersection of the South Carolina/Georgia State line 
and U.S. Highway 123; then east along U.S. Highway 123 to U.S. Highway 
76; then southeast along U.S. Highway 76 to State Highway 183; then 
northeast along State Highway 183

[[Page 86]]

to Oconee County Road 107; then east along Oconee County Road 107 to 
State Highway 11; then north along State Highway 11 to State Highway 
183; then east along State Highway 183 to the Oconee/Pickens County 
line; then south along the Oconee/Pickens County line to the Oconee/
Anderson County line; then southwest along the Oconee/Anderson County 
line to the South Carolina/Georgia State line; then northwest along the 
South Carolina/Georgia State line to the point of beginning.
    Orangeburg County. The entire county.
    Pickens County. That portion of the county bounded by a line 
beginning at the intersection of the Pickens/Oconee County line and 
State Highway 183; then northeast along State Highway 183 to Pickens 
County Road 160; then southeast along Pickens County Road 160 to State 
Highway 133; then south along State Highway 133 to Pickens County Road 
15; then southeast along Pickens County Road 15 to State Highway 93; 
then northeast along State Highway 93 to Pickens County Road 395; then 
east along Pickens County Road 395 to Pickens County Road 27; then south 
along Pickens County Road 27 to U.S. Highway 123; then northeast along 
U.S. Highway 123 to U.S. Highway 178; then south along U.S. Highway 178 
to the Pickens/Anderson County line; then southwest along the Pickens/
Anderson County line to the Pickens/Oconee County line; then north along 
the Pickens/Oconee County line to the point of beginning.
    Richland County. The entire county.
    Saluda County. The entire county.
    Spartanburg County. That portion of the county bounded by a line 
beginning at the intersection of the Spartanburg/Greenville County line 
and State Highway 357; then northeast along State Highway 357 to 
Spartanburg County Road 38; then east along Spartanburg County Road 38 
to U.S. Highway 176; then southeast along U.S. Highway 176 to 
Spartanburg County Road 56; then east along Spartanburg County Road 56 
to U.S. Highway 221; then northeast along U.S. Highway 221 to 
Spartanburg County Road 105; then southeast along Spartanburg County 
Road 105 to State Highway 110; then north along State Highway 110 to the 
Spartanburg/Cherokee County line; then south along the Spartanburg/
Cherokee County line to the Spartanburg/Union County line; then 
southwest along the Spartanburg/Union County line to the Spartanburg/
Laurens County line; then northwest along the Spartanburg/Laurens County 
line to the Spartanburg/Greenville County line; then northwest and north 
along the Spartanburg/Greenville County line to the point of beginning.
    Sumter County. The entire county.
    Union County. The entire county.
    Williamsburg County. The entire county.
    York County. The entire county.

                                Tennessee

    Bradley County. The entire county.
    Chester County. The entire county.
    Decatur County. That portion of the county lying south of State 
Highway 100.
    Fayette County. That portion of the county lying south of U.S. 
Highway 64. That portion of the county lying east of State Highway 76.
    Franklin County. That portion of the county lying south of latitude 
35 deg.5'.
    Giles County. That portion of the county lying south of U.S. Highway 
64.
    Hamilton County. The entire county.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    Henderson County. That portion of the county lying south of State 
Highway 100.
    Lawrence County. That portion of the county lying south of U.S. 
Highway 64.
    Lincoln County. That portion of the county lying south of latitude 
35 deg.5'.
    Madison County. That portion of the county lying south of Interstate 
Highway 40.
    Marion County. That portion of the county lying south of latitude 
35 deg.10'.
    McMinn County. That portion of the county lying south of latitude 
35 deg.20'.
    McNairy County. The entire county.
    Polk County. The entire county.
    Shelby County. That portion of the county lying south of latitude 
35 deg. 13'.
    Wayne County. The entire county.

                                  Texas

    Anderson County. The entire county.
    Angelina County. The entire county.
    Aransas County. The entire county.
    Atascosa County. The entire county.
    Austin County. The entire county.
    Bandera County. The entire county.
    Bastrop County. The entire county.
    Bee County. The entire county.
    Bell County. The entire county.
    Bexar County. The entire county.
    Blanco County. The entire county.
    Bosque County. The entire county.
    Bowie County. The entire county.
    Brazoria County. The entire county.
    Brazos County. The entire county.
    Brooks County. The entire county.
    Brown County. The entire county.
    Burleson County. The entire county.
    Burnet County. The entire county.
    Caldwell County. The entire county.
    Calhoun County. The entire county.
    Cameron County. The entire county.
    Camp County. The entire county.
    Cass County. The entire county.
    Chambers County. The entire county.
    Cherokee County. The entire county.
    Collin County. The entire county.
    Colorado County. The entire county.
    Comal County. The entire county.
    Comanche County. The entire county.
    Cooke County. The entire county.

[[Page 87]]

    Coryell County. The entire county.
    Dallas County. The entire county.
    Delta County. The entire county.
    Denton County. The entire county.
    De Witt County. The entire county.
    Dimmit County. The entire county.
    Duval County. The entire county.
    Eastland County. The entire county.
    Ector County. The entire county.
    Edwards County. The entire county.
    Ellis County. The entire county.
    Erath County. The entire county.
    Falls County. The entire county.
    Fannin County. The entire county.
    Fayette County. The entire county.
    Fort Bend County. The entire county.
    Franklin County. The entire county.
    Freestone County. The entire county.
    Frio County. The entire county.
    Galveston County. The entire county.
    Gillespie County. The entire county.
    Goliad County. The entire county.
    Gonzales County. The entire county.
    Grayson County. The entire county.
    Gregg County. The entire county.
    Grimes County. The entire county.
    Guadalupe County. The entire county.
    Hamilton County. The entire county.
    Hardin County. The entire county.
    Harris County. The entire county.
    Harrison County. The entire county.
    Hays County. The entire county.
    Henderson County. The entire county.
    Hidalgo County. The entire county.
    Hill County. The entire county.
    Hood County. The entire county.
    Hopkins County. The entire county.
    Houston County. The entire county.
    Hunt County. The entire county.
    Jack County. The entire county.
    Jackson County. The entire county.
    Jasper County. The entire county.
    Jefferson County. The entire county.
    Jim Wells County. The entire county.
    Johnson County. The entire county.
    Jones County. The entire county.
    Karnes County. The entire county.
    Kaufman County. The entire county.
    Kendall County. The entire county.
    Kenedy County. The entire county.
    Kerr County. The entire county.
    Kimble County. The entire county.
    Kinney County. The entire county.
    Kleberg County. The entire county.
    La Salle County. The entire county.
    Lamar County. The entire county.
    Lampasas County. The entire county.
    Lavaca County. The entire county.
    Lee County. The entire county.
    Leon County. The entire county.
    Liberty County. The entire county.
    Limestone County. The entire county.
    Live Oak County. The entire county.
    Llano County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    Mason County. The entire county.
    Matagorda County. The entire county.
    Maverick County. The entire county.
    McCulloch County. The entire county.
    McLennan County. The entire county.
    McMullen County. The entire county.
    Medina County. The entire county.
    Midland County. The entire county.
    Milam County. The entire county.
    Montague County. The entire county.
    Montgomery County. The entire county.
    Morris County. The entire county.
    Nacogdoches County. The entire county.
    Navarro County. The entire county.
    Newton County. The entire county.
    Nueces County. The entire county.
    Orange County. The entire county.
    Palo Pinto County. The entire county.
    Panola County. The entire county.
    Parker County. The entire county.
    Polk County. The entire county.
    Rains County. The entire county.
    Real County. The entire county.
    Red River County. The entire county.
    Refugio County. The entire county.
    Robertson County. The entire county.
    Rockwall County. The entire county.
    Rusk County. The entire county.
    Sabine County. The entire county.
    San Augustine County. The entire county.
    San Jacinto County. The entire county.
    San Patricio County. The entire county.
    San Saba County. The entire county.
    Shelby County. The entire county.
    Smith County. The entire county.
    Somervell County. The entire county.
    Stephens County. The entire county.
    Tarrant County. The entire county.
    Taylor County. The entire county.
    Titus County. The entire county.
    Tom Green County. The entire county.
    Travis County. The entire county.
    Trinity County. The entire county.
    Tyler County. The entire county.
    Upshur County. The entire county.
    Uvalde County. The entire county.
    Val Verde County. The entire county.
    Van Zandt County. The entire county.
    Victoria County. The entire county.
    Walker County. The entire county.
    Waller County. The entire county.
    Washington County. The entire county.
    Webb County. The entire county.
    Wharton County. The entire county.
    Wichita County. The entire county.
    Willacy County. The entire county.
    Williamson County. The entire county.
    Wilson County. The entire county.
    Wise County. The entire county.
    Wood County. The entire county.
    Young County. The entire county.

[[Page 88]]

    Zavala County. The entire county.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 3314, Jan. 21, 1994; 59 
FR 6531, Feb. 11, 1994; 59 FR 22492, May 2, 1994; 60 FR 52832, Oct. 11, 
1995; 61 FR 17551, Apr. 22, 1996; 63 FR 4152, Jan. 28, 1998; 63 FR 
36156, July 2, 1998; 64 FR 27658, May 21, 1999; 64 FR 60334, Nov. 5, 
1999]



Sec. 301.81-4  Interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined 
area into or through an area that is not quarantined only if moved under 
the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.81-5 and 301.81-9 of this subpart;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the quarantined area from 
an area that is not quarantined;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the quarantined area 
(without stopping except for refueling, or for traffic conditions, such 
as traffic lights or stop signs), or has been stored, packed, or parked 
in locations inaccessible to the imported fire ant, or in locations that 
have been treated in accordance with the methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures''), while in or moving through any quarantined area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity; or
    (3) Without a certificate or limited permit provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator \3\ to process, test, or analyze soil samples.
---------------------------------------------------------------------------

    \3\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) Inspectors are authorized to stop any person or means of 
conveyance moving in interstate commerce they have probable cause to 
believe is moving regulated articles, and to inspect the articles being 
moved and the means of conveyance. Articles found to be infested by an 
inspector, and articles not in compliance with the regulations in this 
subpart, may be seized, quarantined, treated, subjected to other 
remedial measures, destroyed, or otherwise disposed of. Any treatments 
will be in accordance with the methods and procedures prescribed in the 
Appendix to this subpart (``III. Regulatory Procedures''), or in 
accordance with the methods and procedures prescribed in the Plant 
Protection and Quarantine Treatment Manual. The Plant Protection and 
Quarantine Treatment Manual is incorporated by reference. For full 
identification of this standard, see Sec. 300.1 of this chapter, 
``Materials incorporated by reference.''

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994]



Sec. 301.81-5  Issuance of a certificate or limited permit.

    (a) An inspector \4\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article approved under such compliance agreement if he or she 
determines that the regulated article:
---------------------------------------------------------------------------

    \4\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information on local offices may 
also be obtained from the Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 
River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved in compliance with any emergency conditions the 
Administrator may impose under 7 U.S.C.

[[Page 89]]

150dd to prevent the spread of the imported fire ant; \5\ and
---------------------------------------------------------------------------

    \5\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd) 
authorizes the Secretary of Agriculture to impose emergency measures 
necessary to prevent the spread of plant pests new to, or not widely 
prevalent or distributed within and throughout, the United States.
---------------------------------------------------------------------------

    (3)(i) Is free of an imported fire ant infestation, based on his or 
her visual examination of the article;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of the 
imported fire ant; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures'').
    (b) An inspector will issue a limited permit for the interstate 
movement of a regulated article not eligible for a certificate if the 
inspector determines that the regulated article:
    (1) Is to be moved interstate to a specified destination for 
specified handling, utilization, or processing (the destination and 
other conditions to be listed in the limited permit), and this 
interstate movement will not result in the spread of the imported fire 
ant because the imported fire ant will be destroyed by the specified 
handling, utilization, or processing;
    (2) Is to be moved interstate in compliance with any additional 
emergency conditions the Administrator may impose under 7 U.S.C. 150dd 
to prevent the spread of the imported fire ant; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates to a person 
operating under a compliance agreement (in accordance with Sec. 301.81-6 
of this subpart) or authorize reproduction of the certificates on 
shipping containers, or both, as requested by the person operating under 
the compliance agreement. These certificates may then be completed and 
used, as needed, for the interstate movement of regulated articles that 
have met all of the requirements of paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994]



Sec. 301.81-6  Compliance agreements.

    Persons who grow, handle, or move regulated articles interstate may 
enter into a compliance agreement \6\ if such persons review with an 
inspector each stipulation of the compliance agreement, have facilities 
and equipment to carry out disinfestation procedures or application of 
chemical materials in accordance with the ``Imported Fire Ant Program 
Manual,'' as set forth in the appendix to this subpart, and meet 
applicable State training and certification standards as authorized by 
the Federal Insecticide, Fungicide, and Rodenticide Act (86 Stat. 983; 7 
U.S.C. 136b). Any person who enters into a compliance agreement with 
APHIS must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \6\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.81-7  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and

[[Page 90]]

the reasons for the cancellation will be confirmed in writing as soon as 
circumstances allow within 20 days after oral notification of the 
cancellation. Any person whose certificate, limited permit, or 
compliance agreement has been canceled may appeal the decision, in 
writing, within 10 days after receiving the written cancellation notice. 
The appeal must state all of the facts and reasons that the person wants 
the Administrator to consider in deciding the appeal. A hearing may be 
held to resolve any conflict as to any material fact. Rules of practice 
for the hearing will be adopted by the Administrator. As soon as 
practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-8  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \7\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \7\ See footnote 4 to Sec. 301.81-5(a).
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-9  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing interstate movement of a regulated article is, at all times 
during interstate movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the shipment's destination.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-10  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The United 
States Department of Agriculture will not be responsible for any other 
costs or charges.

 Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported Fire 
                        Ant Program Manual'' \8\
---------------------------------------------------------------------------

    \8\ A copy of the entire ``Imported Fire Ant Program Manual'' may be 
obtained from the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

                       III. Regulatory Procedures

    A. Instructions to Inspectors. Inspectors must know and follow 
instructions in this manual, the PPQ Treatment Manual, the pesticide 
label, and exemptions (Section 18 or 24(c) of FIFRA) for the treatment 
or other procedures used to authorize the movement of regulated 
articles. These will serve as a basis for explaining such procedures to 
persons interested in moving articles affected by the quarantine. 
Inspectors shall furnish complete information to anyone interested in 
moving regulated articles.
    If there are questions concerning a particular treatment, contact 
your supervisor.
    B. Authorized Chemicals. The following chemicals are authorized for 
the treatment of regulated articles under the IFA quarantine:

                              Insecticides

Bifenthrin (Talstar)
Chlorpyrifos (Dursban)
Diazinon
Fenoxycarb (AWARD)
Hydramethylnon (AMDRO)
Pyriproxyfen (Distance)
Tefluthrin (FIREBAN)

    C. Approved Treatments.

[[Page 91]]

                     1. Equipment--Used Soil-Moving

    Methods: Used soil-moving equipment is eligible for movement when an 
inspector determines that one of the following procedures has been done:
    a. It has been brushed free of noncompacted soil;
    b. It has been washed free of noncompacted soil; or
    c. Noncompacted soil has been removed with air pressure equipment 
using compressors designed specifically for this purpose. Such 
compressors must provide free air delivery of no less than 30 cubic feet 
per minute at 200 pounds per square inch.
    Certification Period: As long as kept free of noncompacted soil.
    Limitations: Regardless of the type of cleaning equipment used, all 
debris and noncompacted soil must be removed unless it is steam-heated 
by a ``steam jenny'' to disinfest the articles. Used soil-moving 
equipment, such as bulldozers, dirt pans, motor graders, and draglines, 
are difficult to clean sufficiently to eliminate pest risk.
    Precaution: Steam may remove loose paint and usually is not 
recommended for use on equipment with conveyor belts and rubber parts.

                            2. Hay and Straw

    Baled hay and straw stored in direct contact with the ground is 
ineligible for movement.

                   3. Plants--Balled or in Containers

    a. Emulsifiable chlorpyrifos.
    Material: Emulsifiable chlorpyrifos--Immersion and drench treatments 
(post-harvest): any Environmental Protection Agency (EPA) registered 
formulation is acceptable.
    Dosage:

------------------------------------------------------------------------
                                      Amount of formulation to make 100
     Chlorpyrifos formulation           gallons of treating solution
------------------------------------------------------------------------
1 EC..............................  16 fl. oz. (472 ml).
2 EC..............................  8 fl. oz. (236 ml).
4 EC..............................  4 fl. oz. (118 ml).
------------------------------------------------------------------------

    Exposure Period: Plants can be certified immediately upon completion 
of treatment
    Certification Period: 30 days.
    Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos.
    b. Bifenthrin.
    (i) Bifenthrin: Drench and Topical Applications.
    Material: Bifenthrin--drench of containerized nursery stock or 
topical application to 3- or 4-quart containerized nursery stock 
followed by irrigation with water.
    Dosage: Dosage rate is 25 ppm. The amount of formulation needed to 
achieve 25 ppm varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of formulation 
needed to achieve 25 ppm.
    Exposure period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    Certification period: 180 days.
    (ii) Bifenthrin: Granular Formulation
    Material: Granular bifenthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular bifenthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount needed to achieve 
a specified dosage.

------------------------------------------------------------------------
  Granular Bifenthrin Dosage (parts per     Certification Period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-6 months.
12 ppm..................................  0-12 months.
15 ppm..................................  0-24 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    c. Tefluthrin: Granular Formulation.
    Material: Granular tefluthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular tefluthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
tefluthrin needed to achieve a specified dosage.

------------------------------------------------------------------------
  Granular tefluthrin dosage (parts per    Certification period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-18 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas immediately upon completion 
of the treatment.
    d. General requirements for emulsifiable chlorpyrifos, bifenthrin, 
or tefluthrin.
    Conditions and Type of Soil: Any friable soil may be treated.

                           Method A--Immersion

                                Equipment

    1. A watertight container for mixing the treating solutions.
    2. Open-top, watertight container sufficiently large to accommodate 
the treating solution and plants.
    Procedure: Locate immersion tank in well-ventilated place. Do not 
remove burlap wrap or plastic containers with drain holes prior to 
immersion Immerse soil balls and containers, singly or in groups, so 
that soil is

[[Page 92]]

completely covered by solution. Plants must remain in solution until 
bubbling ceases. Plant balls should have space between them when grouped 
in trays, baskets, or other dipping containers. After removal from dip, 
plants may be set on drainboard until adequately drained.
    Thorough saturation of the plant balls or containers with the 
insecticide solution is essential.
    As treating progresses, freshly prepared treating mixture should be 
added to maintain liquid at immersion depth. Dispose of tank contents 8 
hours after mixing. Clean tank before recharging. Disposal must comply 
with State and local regulations.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.

                            Method B--Drench

                                Equipment

    1. A large-capacity bulk mixing tank, either pressurized or gravity-
flow for mixing and holding the insecticide solution.
    2. Properly equipped hoses and watering nozzles that can be attached 
to the mixing tank and used to thoroughly saturate the plant balls with 
the insecticide solution.

                                Procedure

    1. Plants Balled with Burlap--Apply the chlorpyrifos solution as a 
substitute for plain water to the plants during the routine watering 
activities. Do not remove burlap wrap from plants prior to treatment. 
Treat plants singly or in groups with the chlorpyrifos solution to the 
point of runoff on a twice daily schedule for 3 consectutive days.
    The above treatment should be carried out in a well-ventilated place 
normally used to maintain plants prior to shipment. The treatment will 
be enhanced by adding any agricultural wetting agent such as Ortho-
77, Tronic, Tecowet, etc., to the 
chlorpyrifos solution at the labeled rate (usually \1/2\ pint per 100 
gallons of water).
    2. Containerized Plants--Apply the bifenthrin or chlorpyrifos 
solution to the point of saturation one time only. The volume of the 
treating solution must be at least \1/5\ (20%) of the volume of the 
container.
    Precautions: Thorough saturation of the plant balls or containers 
with the insecticide solution is essential. Runoff of the solution from 
the treatment area should not be permitted. Excess solution (and used 
solution) must be disposed of in accordance with State and local 
regulations.

                      Method C--Topical Application

    Apply bifenthrin according to the label instructions for topical 
application. The method may be used only with nursery stock in 3- and 4-
quart containers. Penetration of the pesticide in larger containers does 
not provide sufficient residual activity.
    Irrigate all treated containers with 1.5 inches of water following 
application.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.
    Manufacture of the 10WP (wettable powder) formulation was 
discontinued in 1998; however, the EPA will allow this product to be 
utilized until supplies are exhausted.

              Method D--Granular Incorporation (Bifenthrin)

    Apply bifenthrin according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product evenly throughout 
the soil or potting media. After potting, containers must be watered to 
the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
granular bifenthrin is essential. Water that drains from the treatment 
area, which may contain bifenthrin, must be disposed of in accordance 
with State and local laws.

              Method E--Granular Incorporation (Tefluthrin)

    Apply tefluthrin according to the label directions for granular 
incorporation. Mix thoroughly to distribute the granular tefluthrin 
evenly throughout the soil or potting media. After potting, containers 
must be watered to the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
tefluthrin is essential. Water that drains from the treatment area, 
which may contain tefluthrin, must be disposed of in accordance with 
State and local laws.

      4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only

    This detection, control, exclusion, and enforcement program is 
designed to keep nurseries free of the imported fire ant and provides a 
basis to certify containerized nursery stock for interstate movement.
    Participating regulated establishments must be operating under a 
compliance agreement. Such compliance agreements shall state the 
specific requirements that a shipper agrees to follow to move plants in 
accordance with the requirements of the program. Certificates and a 
nursery identification number may be issued to the nursery for use on 
shipments of regulated articles.

                                Detection

    A successful treatment program depends upon early detection of 
imported fire ant

[[Page 93]]

colonies. Nursery owners are required to survey visually their entire 
premises twice monthly for the presence of imported fire ants.
    Nurseries participating in this program will be inspected by Federal 
or State inspectors at least twice per year. More frequent inspections 
may be necessary depending upon imported fire ant infestation levels 
immediately surrounding the nursery, the thoroughness of nursery 
management in maintaining imported-fire-ant-free premises, and the 
number of previous detections of imported fire ants in or near 
containerized plants. Inspections by Federal and State inspectors should 
be more frequent just before and during the peak shipping season. Any 
nurseries determined during nursery inspections to have imported fire 
ant colonies must be immediately treated to the extent necessary to 
eliminate the colonies.

                                 Control

    Nursery plants that are shipped under this program must originate in 
a nursery free of imported fire ant. Nursery owners must implement a 
treatment program with registered bait and contact insecticides. The 
premises, including growing and holding areas, must be maintained free 
of the imported fire ant. As part of this treatment program, all exposed 
soil surfaces (including sod and mulched areas) on property where plants 
are grown, potted, stored, handled, loaded, unloaded, or sold must be 
treated with a broadcast application of hydramethylnon 
(AMDRO), fenoxycarb (AWARD), or pyriproxyfen 
(Distance) baits at least once every six months. The first 
application is more effective when applied early in the spring. An early 
spring bait application provides control before alate queens are 
produced or have time to establish new colonies. Follow label directions 
for use.
    When properly used, baits are between 80 percent and 90 percent 
effective. Follow-up treatments with a contact insecticide must be 
applied to eliminate all remaining colonies. Mound drench treatments 
with a registered formulation of chlorpyrifos or diazinon are approved. 
Follow label directions for use.

                                Exclusion

Bifenthrin
    For plants grown on the premises: Treatment of potting media with 
granular, flowable, or wettable powder formulation of bifenthrin prior 
to planting is required. This treatment reduces the risk of infestation 
of containers by alate queens flying in from adjacent or nearby infested 
premises. The dosage rate for granular bifenthrin is variable and is 
determined by the certification period selected; for flowable bifenthrin 
it is 25 ppm; for wettable powder it is 25 ppm.
    Apply this treatment according to the label instructions.
    Mixing must be adequate to blend the required dosage of pesticide 
throughout the entire potting soil mixture.
    For plants received from outside sources: To prevent the spread into 
a nursery free of the imported fire ant by newly introduced, infested 
nursery plants, all plants must be:
    (a) Obtained from nurseries free of imported fire ant that are 
certified under a compliance agreement; or
    (b) Treated with bifenthrin drench upon delivery in accordance with 
this imported fire ant regulatory treatment manual (III.C.3.b), and 
within 180 days be either:
    (1) Repotted in treated potting soil media,
    (2) Retreated with bifenthrin drench, immersion, or topical 
application (III.C.3.b) at 180-day intervals, or
    (3) Shipped.
Tefluthrin
    For plants grown on the premises: Treatment of soil or potting media 
with granular, flowable tefluthrin prior to planting is permitted as an 
alternative to treatment with granular or wettable powder formulation of 
bifenthrin. This treatment reduces the risk of infestation of containers 
by alate queens flying in from adjacent or nearby infested premises. The 
dosage rate is variable, determined by the selected certification 
period, for the granular tefluthrin.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
tefluthrin throughout the entire soil or potting media.

                               Enforcement

    The nursery owner shall maintain records of the nursery's surveys 
and treatments for the imported fire ant. These records shall be made 
available to State and Federal inspectors upon request.
    If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates for 
movement shall be suspended until necessary treatments are applied and 
the plants and nursery premises are determined to be free of the 
imported fire ant. A Federal or State inspector may declare a nursery to 
be free of the imported fire ant upon reinspection of the premises. This 
inspection must be conducted no sooner than 30 days after treatment to 
ensure its effectiveness. During this period, certification may be based 
upon the drench or immersion treatment provided in paragraph III.C.3. of 
this manual, titled ``Plants--Balled or in Containers.''
    Upon notification by the department of agriculture in any State of 
destination that a confirmed imported fire ant infestation was

[[Page 94]]

found on a shipment from a nursery considered free of the imported fire 
ant, the department of agriculture in the State of origin shall cease 
its certification of shipments from that nursery. An investigation by 
Federal or State inspectors will commence immediately to determine the 
probable source of the problem and to ensure that the problem is 
resolved. If the problem is an infestation, issuance of certification 
for movement on the basis of imported-fire-ant-free premises will be 
suspended until treatment and elimination of the infestation is 
completed. Reinstatement into the program will be granted upon 
determination that the nursery premises are free of the imported fire 
ant, and that all other provisions of this manual are being followed.
    In cases where the issuance of certificates is suspended through 
oral notification, the suspension and the reasons for the suspension 
will be confirmed in writing within 20 days of the oral notification of 
the suspension. Any person whose issuance of certificates has been 
suspended may appeal the decision, in writing, within 10 days after 
receiving the written suspension notice. The appeal must state all of 
the facts and reasons that the person wants the Administrator to 
consider in deciding the appeal. A hearing may be held to resolve any 
conflict as to any material fact. Rules of practice for the hearing will 
be adopted by the Administrator. As soon as practicable, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.
    Violations of the quarantine shall be investigated by Federal or 
State inspectors and appropriate penalties will be assessed to 
discourage further violations.
    This imported-fire-ant-free nursery program is not mandatory for 
movement of regulated articles. Plants, balled or in containers, may 
otherwise be certified for movement using the chlorpyrifos, bifenthrin, 
or tefluthrin treatments described in paragraph III.C.3 of this manual, 
titled ``Plants, Balled or in Containers.'' However, certification for 
movement under the imported-fire-ant-free nursery program will be 
granted only if all of the provisions of this program are followed.
    Certification Period: Continuous as long as all provisions of the 
imported-fire-ant-free nursery program are followed.

 5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)

    Material: Chlorpyrifos used in combination with fenoxycarb 
(AWARD), hydramethylnon (AMDRO), or pyriproxyfen 
(Distance) fire ant bait.
    Dosage: Fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) at 1.0-1.5 
lb (0.45-0.68 kg) bait/acre. Chlorpyrifos at 6.0 lb (2.7 kg) a.i./acre.
    Method: Apply fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) only when ants 
are actively foraging (follow EPA-approved label directions for use). 
Broadcast application with any type of equipment that can be calibrated 
to deliver 1.0-1.5 lb (0.45-0.68 kg) of bait per acre. Three to five 
days after the fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) application, 
apply chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per acre. Treatment 
area must extend at least 10 feet beyond the base of all plants that are 
to be certified.
    Exposure Period: 30 days. Plants can be certified 30 days after 
treatment.
    Certification Period: 12 weeks.
    Special Information: This in-field treatment is based on a 
sequential application of fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) followed by 
chlorpyrifos. The combination treatment is necessary since broadcast 
application of chlorpyrifos (or other short-term residual insecticides) 
usually does not eliminate large, mature IFA colonies, and no bait, 
including fenoxycarb (AWARD) or hydramethylnon 
(AMDRO), is capable of providing a residual barrier against 
reinfestation by new queens. Therefore, the fenoxycarb (AWARD) 
hydramethylnon (AMDRO), or pyriproxyfen (Distance) 
application will drastically reduce the IFA population while 
chlorpyrifos, applied approximately 5 days later, will destroy any 
remaining weakened colonies and also leave a residual barrier against 
reinfestation by new queens for at least 12 weeks.

          6. Blueberries and Other Fruit and Nut Nursery Stocks

    Certain States have special local need labeling in accordance with 
section 24(c) of FIFRA for D-z-n Diazinon AG-500 and D-z-
n Diazinon 50W, which APHIS will recognize as a regulatory 
treatment for containerized nonbearing blueberries and fruit and nut 
plants. Follow label directions for use.

                       7. Plants--Greenhouse Grown

    Greenhouse grown plants are certifiable without treatment if the 
inspector determines that the greenhouse is constructed of fiberglass, 
glass, or plastic in such a way that IFA is physically excluded and 
cannot become established within the enclosure. No other treatment of 
the plants will be necessary if they are not exposed to infestation.

                              8. Grass--Sod

                                Material

    Chlorpyrifos.

[[Page 95]]



------------------------------------------------------------------------
                              Amount and dosage of
          Material                  material        Certification period
------------------------------------------------------------------------
Chlorpyrifos................  4.0 lb (1.8 kg) a.i./ 4 weeks (after
                               acre.                 exposure period has
                                                     been completed).
Chlorpyrifos................  6.0 lb (2.7 kg) a.i./ 10 weeks (after
                               acre.                 exposure period has
                                                     been completed).
------------------------------------------------------------------------

    Exposure Period: 48 hours.

                                 Method

    1. Apply a single broadcast application of chlorpyrifos with ground 
equipment.
    2. Immediately after treatment, water the treated areas with at 
least \1/2\ inch of water.
    Chlorpyrifos wettable powder Dursban 50-WP: Follow label 
directions for regulatory treatment for IFA.

                              9. Soil--Bulk

    Method: Bulk soil is eligible for movement when heated either by dry 
or steam heat after all parts of the mass have been brought to the 
required temperature.
    Temperature: 150 deg. F (65.5 deg. C).
    Certification Period: As long as protected from recontamination.

                            10. Soil Samples

    Soil samples are eligible for movement when heated or frozen as 
follows:

                                  Heat

    Method: Soil samples are heated either by dry heat or steam heat. 
All parts of the mass must be brought to the required temperature.
    Temperature: 150 deg. F (65.5 deg. C).
    Certification Period: As long as protected from recontamination.

                                  Cold

    Method: Soil samples are frozen in any commercial cold storage, 
frozen food locker, or home freezer capable of rapidly reducing to and 
maintaining required temperature. Soil samples will be placed in 
containers, such as plastic bags--one sample per bag. The containers 
will be arranged in the freezer in a manner to allow the soil samples to 
freeze in the fastest possible time. If desired, the frozen samples may 
be shipped in one carton.
    Temperature: -10 deg. to -20 deg. F (-23 deg. to -29 deg. C) for at 
least 24 hours.
    Certification Period: As long as protected from recontamination.
    D. Mitigative Measures. The following measures are required to 
minimize impact on the environment and human health. Any person 
requesting certification to authorize the movement of regulated articles 
must adhere to these measures where applicable.
    1. All applicable Federal, State, and local environmental laws and 
regulations must be followed.
    2. Safety equipment and clothing, as specified by the label 
instructions, must be used and worn during treatments and during 
inspections.
    3. Safety practices shall be communicated, and regulated 
establishment managers must require that on-the-job safety practices be 
followed.
    4. All pesticides must be applied, handled, stored, and used in 
accordance with label instructions.
    5. Empty pesticide containers must be disposed of in accordance with 
Federal and State regulations.
    6. Pesticide remaining in containers after completion of an 
application must be retained and disposed of in accordance with label 
instructions and Federal and State regulations.
    7. Oral or written warning must be provided to workers and the 
general public, indicating pesticide application areas during 
application and appropriate reentry periods.
    8. Owners/managers of regulated properties must take precautions to 
limit access by the public, livestock, and wildlife to treated areas.
    9. Accidental spill or water runoff of liquid or granular pesticides 
leading to potential contamination of ground and surface waters must be 
minimized by appropriate operating procedures. Catchment facilities 
(temporary or permanent) adequate to prevent contamination of ground and 
surface water are necessary in loading areas where liquid drenches and 
immersions are applied.
    10. An environmental monitoring plan, including monitoring 
procedures, must be implemented by APHIS. Monitoring must be conducted 
to determine if additional mitigative measures are necessary.

[57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59 
FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June 
5, 1997; 64 FR 27659, May 21, 1999; 64 FR 57970, Oct. 28, 1999; 64 FR 
60334, Nov. 5, 1999]

Subpart--Unshu Oranges  [Reserved]

[[Page 96]]



                        Subpart--Golden Nematode

    Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.85  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Pursuant to the provisions of sections 8 
and 9 of the Plant Quarantine Act of August 20, 1912, as amended, and 
section 106 of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150ee), 
the Secretary of Agriculture heretofore determined after public hearing 
that it was necessary to quarantine the State of New York in order to 
prevent the spread of the golden nematode (Heterodera rostochiensis), 
which causes a dangerous disease of potatoes and certain other plants, 
and not theretofore widely prevalent or distributed within and 
throughout the United States. Therefore, under the authority of said 
provisions, the Secretary hereby continues to quarantine the State of 
New York, with respect to the interstate movement from the quarantined 
State of the articles described in paragraph (b) of this section, issues 
the regulations in this subpart governing such movement, and gives 
notice of said quarantine and regulations.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.85-1(q) as regulated articles), except in 
accordance with the conditions prescribed in this subpart:
    (1) Soil, compost, humus, muck, peat, and decomposed manure, 
separately or with other things.
    (2) Plants with roots, except soil-free aquatic plants.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Irish potatoes included within any one or more of the following 
paragraph (b)(6)(i), (ii), or (iii) of this section:
    (i) Irish potatoes for seed; and
    (ii) Irish potatoes unless--
    (A) Each is at least 1\1/2\ inches in diameter based on measurement 
by a sizing screen or sizing chain, each is substantially free of soil 
as a result of grading (a method of removing soil mechanically) under a 
compliance agreement in accordance with Sec. 301.85-5(b), and they are 
moved in an approved container; or
    (B) Each is substantially free of soil as a result of washing or 
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
    (iii) Irish potatoes harvested from a field tested and found by an 
inspector to contain an identifiable population of viable golden 
nematodes, unless such field had been subsequently treated in accordance 
with paragraph (b)(6)(ii) (A), (B), or (C) of this section under the 
supervision of an inspector and in accordance with any additional 
conditions found necessary by the inspector to assure effective 
application of the pesticide used; and unless headlands and farm roads 
are treated in accordance with paragraph (b)(6)(iii)(D) of this section:
    (A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 80 percent; plus methyl 
isothiocyanate, 20 percent active ingredients) per hectare (15 gallons 
per acre); two applications 5 to 10 days apart with a third application 
5 to 10 days after the second application to areas in which the 
inspector finds upon microscopic examination of soil samples that viable 
golden nematodes may still exist; soil to be from 3  deg.C to 29  deg.C 
(38  deg.F to 84  deg.F).
    (B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 100 percent active 
ingredients) per hectare (30 gallons per acre); two applications 5 to 10 
days apart with a third application 5 to 10 days after the second 
application to areas in which the inspector finds upon microscopic 
examination of soil samples that viable golden nematodes may still exist 
(consult product label for heavier dosage in muck or peat soils); soil 
to be from 4.5 deg. C to 29 deg. C (40 deg. F to 84 deg. F).

[[Page 97]]

    (C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 
92 percent active ingredient) per hectare (18 gallons per acre); two 
applications 5 to 10 days apart with a third application 5 to 10 days 
after the second application to areas in which the inspector finds upon 
microscopic examination of soil samples that viable golden nematodes may 
still exist (consult product label for heavier dosage in muck or peat 
soils); soil to be from 4.5 deg. C to 32 deg. C (40 deg. F to 90 deg. 
F).
    (D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7 
percent active ingredient) mixed with water at the rate of 1 part Vapam 
to 60 parts water and applied as a drench at the rate of 14.96 cubic 
meters per hectare (1600 gallons per acre); soil to be from 4.5  deg.C 
to 32  deg.C (40  deg.F to 90  deg.F).
    (7) Root crops other than Irish potatoes.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter, of any kind.
    (10) Ear corn, except shucked ear corn.
    (11) Used crates, boxes, and burlap bags, and other used farm 
products containers.
    (12) Used farm tools.
    (13) Used mechanized cultivating equipment and used harvesting 
equipment.
    (14) Used mechanized soil-moving equipment.
    (15) Any other products, articles, or means of conveyance of any 
character whatsoever, not covered by paragraphs (b) (1) through (14) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of golden nematode, and the person in possession 
thereof has been so notified.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982]



Sec. 301.85-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart shall be construed respectively to 
mean:
    (a) Certificate. A document issued or authorized to be issued under 
this subpart by an inspector to allow the interstate movement of 
regulated articles to any destination.
    (b) Compliance agreement. A written agreement between a person 
engaged in growing, handling, or moving regulated articles, and the 
Plant Protection and Quarantine Programs, wherein the former agrees to 
comply with the requirements of this subpart identified in the agreement 
by the inspector who executes the agreement on behalf of the Plant 
Protection and Quarantine Programs as applicable to the operations of 
such person.
    (c) Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or any other officer or 
employee of said service to whom authority to act in his stead has been 
or may hereafter be delegated.
    (d) Farm tools. An instrument worked or used by hand, e.g., hoes, 
rakes, shovels, axes, hammers, and saws.
    (e) Generally infested area. Any part of a regulated area not 
designated as a suppressive area in accordance with Sec. 301.85-2.
    (f) Golden nematode. The nematode known as the golden nematode 
(Heterodera rostochiensis), in any stage of development.
    (g) Infestation. The presence of the golden nematode or the 
existence of circumstances that make it reasonable to believe that the 
golden nematode is present.
    (h) Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator to 
enforce the provisions of the Quarantine and regulations in this 
subpart.
    (i) Interstate. From any State into or through any other State.
    (j) Limited permit. A document issued or authorized to be issued by 
an inspector to allow the interstate movement of noncertifiable 
regulated articles to a specified destination for limited handling, 
utilization or processing or for treatment.
    (k) Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil

[[Page 98]]

tillage, including tillage attachments for farm tractors, e.g., 
tractors, disks, plows, harrows, planters, and subsoilers; mechanized 
equipment used for harvesting purposes, e.g., combines, potato 
conveyors, and harvesters and hay balers.
    (l) Mechanized soil-moving equipment. Equipment used for moving or 
transporting soil, e.g., draglines, bulldozers, dump trucks, road 
scrapers, etc.
    (m) Moved (movement, move). Shipped, deposited for transmission in 
the mail, otherwise offered for shipment, received for transportation, 
carried, or otherwise transported, or moved, or allowed to be moved, by 
mail or otherwise. ``Movement'' and ``move'' shall be construed in 
accordance with this definition.
    (n) Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    (o) Plant Protection and Quarantine Programs. The organizational 
unit within the Animal and Plant Health Inspection Service delegated 
responsibility for enforcing provisions of the Plant Quarantine Act and 
Federal Plant Pest Act, and regulations promulgated thereunder.
    (p) Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301-85-2a, or otherwise designated as 
a regulated area in accordance with Sec. 301.85-2(b).
    (q) Regulated article. Any articles as described in Sec. 301.85(b).
    (r) Restricted destination permit. A document issued or authorized 
to be issued by an inspector to allow the interstate movement of 
regulated articles not certifiable under all applicable Federal domestic 
plant quarantines to a specified destination for other than scientific 
purposes.
    (s) Scientific permit. A document issued by the Deputy Administrator 
to allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    (t) Soil. That part of the upper layer of earth in which plants can 
grow.
    (u) State. Any State, territory, or district of the United States, 
including Puerto Rico.
    (v) Suppressive area. That portion of a regulated area where 
eradication of infestation is undertaken as an objective, as designated 
under Sec. 301.85-2(a).
    (w) Treatment manual. The provisions currently contained in the 
``Manual of Administratively Authorized Procedures to be Used Under the 
Golden Nematode Quarantine'' and the ``Fumigation Procedures Manual.'' 
\1\
---------------------------------------------------------------------------

    \1\ Pamphlets containing such provisions are available upon request 
to the Deputy Administrator, Plant Protection and Quarantine Programs, 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, or from an inspector.


[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982]



Sec. 301.85-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall list as regulated areas, in a supplemental 
regulation designated as Sec. 301.85-2a, each quarantined State; or each 
portion thereof in which golden nematode has been found or in which 
there is reason to believe that golden nematode is present, or which it 
is deemed necessary to regulate because of their proximity to 
infestation or their inseparability for quarantine enforcement purposes 
from infested localities. The Deputy Administrator, in the supplemental 
regulation, may divide any regulated area into a suppressive area or a 
generally infested area in accordance with the definitions thereof in 
Sec. 301.85-1. Less than an entire quarantined State will be designated 
as a regulated area only if the Deputy Administrator is of the opinion 
that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the

[[Page 99]]

interstate spread of the golden nematode.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator or an authorized 
inspector may temporarily designate any other premises in a quarantined 
State as a regulated area and a suppressive or generally infested area, 
in accordance with the criteria specified in paragraph (a) of this 
section for listing such area, by serving written notice thereof on the 
owner or person in possession of such premises, and thereafter the 
interstate movement of regulated articles from such premises by any 
person having notice of the designation shall be subject to the 
applicable provisions of this subpart. As soon as practicable, such 
premises shall be added to the list in Sec. 301.85-2a if a basis then 
exists for their designation; otherwise the designation shall be 
terminated by the Deputy Administrator or an authorized inspector and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
listed as a regulated area and suppressive or generally infested area 
when he determines that such designation is no longer required under the 
criteria specified in paragraph (a) of this section.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.85-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he may 
prescribe, if he finds that facts exist as to the pest risk involved in 
the movement of such regulated articles which make it safe to so relieve 
such requirements.



Sec. 301.85-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and parts of civil divisions described below are 
designated as golden nematode regulated areas within the meaning of the 
provisions of this subpart; and such regulated areas are hereby divided 
into generally infested areas or suppressive areas as indicated below:

                                New York

    (1) Generally infested area:
    Cayuga County. The town of Montezuma.
    Genesee County. The towns of Elba and Byron.
    Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland, 
Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.
    Nassau County. The entire county.
    Orleans County. The towns of Barre and Clarendon.
    Seneca County. The town of Tyre.
    Steuben County. The towns of Prattsburg and Wheeler; that area known 
as ``Arkport Muck'' located in the town of Dansville and bounded by a 
line beginning at a point where the Conrail right-of-way (Erie 
Lackawanna Rail Road) intersects County Road 52 (known as Burns Road), 
then north and northeast along County Road 52 to its junction with New 
York Route 36, then south and southeast along New York Route 36 to its 
intersection with the Dansville Town line, then west along the Dansville 
Town line to its intersection with the Conrail right-of-way (Erie 
Lackawanna Rail Road), then north and northwest along the Conrail right-
of-way to the point of beginning; and the Werth, Dale, farm, known as 
the ``Werthwhile Farm,'' located in the town of Cohocton on the north 
side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of 
the junction of County Road 5 with County Road 58 (known as Wager Road).
    Suffolk County. The entire county.
    Wayne County. The town of Savannah.
    (2) Suppressive area: None.

[51 FR 30050, Aug. 22, 1986]



Sec. 301.85-2b  Exempted articles. \2\
---------------------------------------------------------------------------

    \2\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and other provisions of this 
subpart.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (a) (1) through (4) of this section 
and have not been exposed to infestation after cleaning or other 
handling as prescribed in said paragraphs:
    (1) Small grains, if harvested in bulk or directly into approved 
containers, and if the small grains and containers

[[Page 100]]

thereof have not come into contact with the soil; or, if they have been 
cleaned to meet State seed sales requirements.
    (2) Soybeans (other than for seed), if harvested in bulk or directly 
into approved containers, and if the soybeans and containers thereof 
have not come into contact with the soil.
    (3) Unshucked ear corn, if harvested in bulk or directly into 
approved containers, and if the corn and containers thereof have not 
come into contact with the soil.
    (4) Used farm tools, if cleaned free of soil.
    (b) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (b) (1) through (3) of this section 
and have not been exposed to infestation after cleaning or other 
handling as prescribed in said paragraphs: Provided, That this exemption 
shall not apply to any class of regulated articles specified by an 
inspector in a written notification to the owner or person in possession 
of the premises that the movement of such articles from such premises 
under this exemption would involve a hazard of spread of the golden 
nematode:
    (1) Root crops (other than Irish potatoes and sugar beets), if moved 
in approved containers.
    (2) Hay, straw, fodder, and plant litter, if moved in approved 
containers.
    (c) Containers of the following types are approved for the purposes 
of this section:
    (1) New paper bags; and consumer packages of any material except 
cloth or burlap.
    (2) Crates, pallet boxes, trucks, and boxcars, if free of soil.

[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982]



Sec. 301.85-3  Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles except soil samples for processing, 
testing, or analysis may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Secs. 301.85-4 and 301.85-7 if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the golden nematode and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or
    (2) From any regulated area, without certificate or permit if moved:
    (i) Under the provisions of Sec. 301.85-2b which exempts certain 
articles from certificate and permit requirements; or
    (ii) From a generally infested area to a contiguous generally 
infested area; or
    (iii) From a suppressive area to a contiguous generally infested 
area; or
    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the golden nematode exists; or
    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (3) From any area outside the regulated areas, if moved:
    (i) With a certificate or permit attached; or
    (ii) Without a certificate or permit, if:
    (a) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.85-2b; or

[[Page 101]]

    (b) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.
    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \4\ by the Deputy Administrator and so listed by him in a 
supplemental regulation. \5\ A certificate or permit is not required to 
be attached to such soil samples except in those situations where the 
Deputy Administrator has authorized such movement only with a 
certificate or permit issued and attached in accordance with 
Secs. 301.85-4 and 301.85-7. A certificate or permit is not required to 
be attached to soil samples originating in areas outside of the 
regulated areas if the point of origin of such movement is clearly 
indicated on the articles or shipping document which accompanies the 
articles and if the movement is not made through any regulated area.
---------------------------------------------------------------------------

    \4\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \5\ For list of approved laboratories, see PP 639 (37 FR 7813, 
15525, and amendments thereof).
---------------------------------------------------------------------------



Sec. 301.85-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if he 
determines that they are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with the 
treatment manual, when, upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of the golden nematode and requirements of other applicable 
Federal domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations may 
be issued by the Deputy Administrator under such conditions as may be 
prescribed in each specific case by the Deputy Administrator to prevent 
the spread of the golden nematode.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use for subsequent 
shipments of regulated articles (except for soil samples for processing, 
testing, or analysis) provided such person is operating under a 
compliance agreement; and any such person may be authorized by an 
inspector to reproduce such forms on shipping containers or otherwise. 
Any such person may execute and issue the certificate forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles from the premises of such person identified in the compliance 
agreement if such person has treated such regulated articles to destroy 
infestation in accordance with the treatment manual,

[[Page 102]]

and if such regulated articles are eligible for certification for 
movement to any destination under all Federal domestic plant quarantines 
applicable to such articles. Any such person may execute and issue the 
limited permit forms, or reproductions of such forms, for interstate 
movement of regulated articles to specified destinations when the 
inspector has made the determinations specified in paragraph (b) of this 
section. Any such person may execute and issue the restricted 
destination permit forms, or reproductions of such forms, for the 
interstate movement of regulated articles not eligible for certification 
under all Federal domestic plant quarantines applicable to such 
articles, under the conditions specified in paragraph (c) of this 
section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he 
determines that the holder thereof has not complied with any condition 
for the use of such document imposed by this subpart. Prior to such 
withdrawal, the holder of the certificate of permit shall be notified of 
the proposed action and the reason therefor and afforded reasonable 
opportunity to present his views thereon.



Sec. 301.85-5  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any person engaged in the business of removing soil from Irish 
potatoes by the process of grading, washing, or fluming may enter into a 
compliance agreement concerning such operations. The compliance 
agreement shall be a written agreement between the person conducting 
such operations and Plant Protection and Quarantine wherein such person 
agrees to conduct such operations in a manner which, in the judgment of 
the inspector supervising enforcement of the quarantine and regulations, 
will substantially remove the soil from the potatoes.
    (c) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever he finds, after notice and 
reasonable opportunity to present views has been accorded to the other 
party thereto, that such other party has failed to comply with the 
conditions of the agreement.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982]



Sec. 301.85-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.85-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
manner as the inspector designates to facilitate inspection.



Sec. 301.85-7  Attachment and disposition of certificates and permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.



Sec. 301.85-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and golden nematodes as provided in section 10 of the 
Plant Quarantine Act (7 U.S.C. 164a) and section 105 of the Federal 
Plant Pest Act (7 U.S.C. 150dd)

[[Page 103]]

in accordance with instructions issued by the Deputy Administrator.



Sec. 301.85-9  Movement of live golden nematodes.

    Regulations requiring a permit for and otherwise governing the 
movement of live golden nematodes in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.85-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



                       Subpart--Sugarcane Diseases

    Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.87  Quarantine; restrictions on interstate movement of specified articles.1, 2
---------------------------------------------------------------------------

    \1\ Any property identified inspector is authorized to stop 
and inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C. 164a) and section 105 of the Federal Plant Pest Act (7 
U.S.C. 150dd).
    \2\ Regulations concerning the movement of gummosis bacteria and 
leaf scald bacteria in interstate or foreign commerce are contained in 
part 330 of this chapter.
---------------------------------------------------------------------------

    (a) Notice of quarantine. Pursuant to sections 8 and 9 of the Plant 
Quarantine Act of August 20, 1912, as amended, and sections 105 and 106 
of the Federal Plant Pest Act (7 U.S.C. 161, 162, 150dd, 150ee), the 
Secretary of Agriculture hereby quarantines Hawaii in order to prevent 
the artificial spread of leaf scald disease and quarantines Puerto Rico 
in order to prevent the artifical spread of gummosis disease and leaf 
scald disease; and hereby establishes regulations governing the 
interstate movement from Hawaii and Puerto Rico of regulated articles 
described in Sec. 301.87-2 of this subpart.
    (b) Quarantine restrictions on interstate movement of regulated 
articles. No common carrier or other person shall move interstate from 
any regulated area any regulated article except in accordance with the 
conditions prescribed in this subpart.



Sec. 301.87-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that the article is eligible for interstate movement in 
accordance with Sec. 301.87-5(a) of this subpart.
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, in which the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant to such provisions.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service, U.S. Department of Agriculture for 
Plant Protection and Quarantine, or any officer or employee of the 
Department to whom authority to act in his or her stead has been or may 
hereafter be delegated.
    Gummosis disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb) 
Dowson, and which is not widely prevalent or distributed within and 
throughout the United States.
    Inspector. Any employee of Plant Protection and Quarantine, Animal 
and Plant Health Inspection Service, U.S. Department of Agriculture, or 
other person, authorized by the Deputy Administrator in accordance with 
law to enforce the provisions of the quarantine and regulations in this 
subpart.

[[Page 104]]

    Interstate. From any State into or through any other State.
    Leaf scald disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas albilineans 
(Ashby) Dowson, and which is not widely prevalent or distributed within 
and throughout the United States.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that the regulated article is eligible for 
interstate movement in accordance with Sec. 301.87-5(b) of this subpart.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or caused or allowed to be moved by any 
means. ``Movement'' and ``move'' shall be construed in accordance with 
this definition.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Quarantine Act, the Federal Plant Pest Act, and related 
legislation, and quarantines and regulations promulgated under these 
laws.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or 
otherwise designated as a regulated area in accordance with Sec. 301.87-
3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.87-2(a), (b), (c), 
(d), or otherwise designated as a regulated article in accordance with 
Sec. 301.87-2(e).
    State. Any State, Territory, or District of the United States, 
including the Commonwealth of Puerto Rico.
    Sugarcane disease. This means leaf scald disease with respect to 
activities in Hawaii, and means gummosis disease or leaf scald disease 
with respect to activities in Puerto Rico.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



Sec. 301.87-2  Regulated articles.

    (a) Sugarcane plants, whole or in part, including true seed and 
bagasse, but not including pieces of cane boiled for a minimum of 30 
minutes during processing into sugarcane chews;
    (b) Used sugarcane processing equipment (sugarcane mill equipment, 
such as equipment used for extracting and refining sugarcane juice; and 
experimental devices, such as devices used for extracting sugarcane 
juice);
    (c) Used sugarcane field equipment (equipment used for sugarcane 
field production purposes, e.g. planters, tractors, discs, cultivators, 
and vehicles);
    (d) Sugarcane juice; and
    (e) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a), (b), (c), or (d) of 
this section, when it is determined by an inspector that it presents a 
risk of spread of a sugarcane disease and the person in possession of it 
has actual notice that the product, article, or means of conveyance is 
subject to the restrictions of this section.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



Sec. 301.87-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, each quarantined State, or each portion thereof, in 
which a sugarcane disease has been found by an inspector or in which the 
Deputy Administrator has reason to believe that a sugarcane disease is 
present, or each portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to a 
sugarcane disease or its inseparability for quarantine enforcement 
purposes from localities in which a sugarcane disease occurs. Less than 
an entire quarantined State will be designated as a regulated area only 
if the Deputy Administrator is of the opinion that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with

[[Page 105]]

respect to the interstate movement of such articles under this subpart; 
and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of a sugarcane disease.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such an area. Written notice of the designation 
shall be given to the owner or person in possession of the nonregulated 
area and, thereafter, the interstate movement of any regulated article 
from the area shall be subject to the applicable provisions of this 
subpart. As soon as practicable, the area shall be added to the list in 
paragraph (c) of this section or the designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas;

                                 Hawaii

    All of Hawaii.

                              Puerto Rico.

    All of Puerto Rico.



Sec. 301.87-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.3
---------------------------------------------------------------------------

    3 Requirements under all other applicable Federal domestic 
plant quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.87-5 and 301.87-8 of this subpart, or
    (b) Without a certificate or limited permit, if
    (1) Moved directly through any regulated area, and
    (2) The article originated outside of any regulated area, and
    (3) The point of origin of the article is clearly indicated by 
shipping documents, its identity has been maintained, and it has not 
been used for the production of sugarcane while in the regulated area.



Sec. 301.87-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector for the movement 
of a regulated article if the inspector:
    (1)(i) Determines that it has been treated under the direction of an 
inspector 4 in accordance with Sec. 301.87-10 of this 
subpart, or
---------------------------------------------------------------------------

    4 Treatments shall be monitored by inspectors in order to 
assure compliance with requirements in this subpart.
---------------------------------------------------------------------------

    (ii) Determines based on inspection of the article and the premises 
of origin that it is free from sugarcane diseases; 5
---------------------------------------------------------------------------

    5 The term sugarcane diseases means leaf scald disease with 
respect to movement of regulated articles from Hawaii and means gummosis 
disease and leaf scald disease with respect to movements of regulated 
articles from Puerto Rico.
---------------------------------------------------------------------------

    (2) Determines that it is to be moved in compliance with any 
additional emergency conditions necessary to prevent the spread of 
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act 
(7 U.S.C. 150dd); 6 and
---------------------------------------------------------------------------

    6 Section 105 of the Federal Plant Pest Act (7 U.S.C. 
150dd) provides, among other things, that the Secretary of Agriculture 
may, whenever he deems it necessary as an emergency measure in order to 
prevent the dissemination of any plant pest new to or not theretofore 
known to be widely prevalent or distributed within and throughout the 
United States, seize, quarantine, treat, apply other remedial measures 
to, destroy, or otherwise dispose of, in such manner as he deems 
appropriate, any product or article of any character whatsoever, or 
means of conveyance, which is moving into or through the United States 
or interstate, and which he has reason to believe is infested or 
infected by or contains any such plant pest.
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines applicable to the article.
    (b) A limited permit shall be issued by an inspector for the 
movement of a regulated article if the inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved:

[[Page 106]]

    (i) For a specified purpose (such as for consumption or 
manufacturing) stated on the limited permit, other than for processing 
or harvesting sugarcane; and
    (ii) To a specified destination stated on the limited permit, which 
is not in a county or parish where sugarcane is produced, and which is 
not within 10 miles of a sugarcane field;
    (2) Determines that it is to be moved in compliance with any 
additional emergency conditions necessary to prevent the spread of 
sugarcane diseases pursuant to section 105 of the Federal Plant Pest Act 
(7 U.S.C. 150dd); 6 and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines applicable to the article.
    (c) Certificates and limited permits for shipments of regulated 
articles may be issued by an inspector or by any person engaged in the 
business of growing, handling, or moving regulated articles provided 
such person is operating under a compliance agreement. Any such person 
may execute and issue a certificate for the interstate movement of a 
regulated article if the person has treated the regulated article to 
destroy infection in accordance with the provisions of Sec. 301.87-10 of 
this subpart and the inspector has made the determination that the 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section; or if the inspector has made the 
determination that the article is eligible for a certificate in 
accordance with paragraph (a) of this section without such treatment. 
Any such person may execute and issue a limited permit for interstate 
movement of a regulated article when the inspector has made the 
determination that the article is eligible for a limited permit in 
accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if the inspector determines 
that its holder has not complied with any condition under the 
regulations for its use. The reasons for the withdrawal shall be 
confirmed in writing as promptly as circumstances allow. Any person 
whose certificate or limited permit has been withdrawn may appeal the 
decision in writing to the Deputy Administrator within ten days after 
receiving the written notification of the withdrawal. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the certificate or limited permit was wrongfully withdrawn. The 
Deputy Administrator shall grant or deny the appeal in writing, stating 
the reasons for the decision as promptly as circumstances allow. If 
there is a conflict as to any material fact, a hearing shall be held to 
resolve the conflict under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
USDA, for the proceeding.



Sec. 301.87-6  Compliance agreement; cancellation.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \7\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, in which 
the person agrees to comply with the provisions of this subpart and any 
conditions imposed pursuant to such provisions.
---------------------------------------------------------------------------

    \7\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories.)
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
the inspector who is supervising its enforcement whenever the inspector 
finds that such person has failed to comply with the provisions of this 
subpart or any conditions imposed pursuant to such provisions. If the 
cancellation is oral, the decision and the reasons for the cancellation 
shall be confirmed in writing as promptly as circumstances allow. Any 
person whose compliance agreement has been canceled may appeal the 
decision, in writing, to the Deputy Administrator within ten days after 
receiving written notification of the cancellation. The appeal shall 
state

[[Page 107]]

all of the facts and reasons upon which the person relies to show that 
the compliance agreement was wrongfully cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for the decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve the conflict under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
---------------------------------------------------------------------------
USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.87-5(c) of this subpart) who desires 
to move interstate a regulated article accompanied by a certificate or 
limited permit shall, as far in advance as possible (should be no less 
than 48 hours before the desired movement), request an inspector 
8 to take any necessary action under this subpart prior to 
movement of the regulated article.
---------------------------------------------------------------------------

    \8\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine, which are listed in telephone directories. Information 
concerning local offices may also be obtained from the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) The regulated article shall be assembled at whatever point and 
in whatever manner the inspector designates as necessary to comply with 
the requirements of this subpart.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the container containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; provided however, that 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping document only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify the article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.87-9  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.87-10  Treatments.

    Treatment for regulated articles shall be as follows:
    (a) Seedpieces (pieces of sugarcane, sets) or canes of sugarcane: 
Presoak for 24 hours in water at room temperature and then immerse in 
water at 50  deg.C (122  deg.F) for 3 hours.

    Note:  Some seedpieces or canes of sugarcane which have germinated 
may be damaged by this procedure.

    (b) True seed (fuzz): Immerse in 0.525 percent sodium hypochlorite 
solution for 30 minutes (solution shall contain 1 part of solution 
containing 5.25 percent sodium hypochlorite with 9 parts water by 
volume). Air dry at least 8 hours before packaging.
    (c) Bagasse: Subject to dry heat at 70  deg.C (158  deg.F) for 2 
hours.
    (d) Sugarcane harvesting and processing equipment: Remove all debris 
and soil from the equipment with water at high pressure (at least 300 
pounds per square inch) or with steam.
    (e) Sugarcane juice: Heat at 100  deg.C (212  deg.F) for 10 or more 
minutes.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]

[[Page 108]]



                          Subpart--Karnal Bunt

    Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.



Sec. 301.89-1  Definitions.

    Actual price received. The net price after adjustment for any 
premiums or discounts stated on the sales receipt.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
    Contaminated seed. Seed from sources in which the Karnal bunt 
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist.
    Contract price. The net price after adjustment for any premiums or 
discounts stated in the contract.
    Conveyances. Containers used to move wheat, durum wheat, or 
triticale, or their products, including trucks, trailers, railroad cars, 
bins, and hoppers.
    Distinct definable area. A commercial wheat production area of 
contiguous fields that is separated from other wheat production areas by 
desert, mountains, or other nonagricultural terrain as determined by an 
inspector, based on survey results.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, and axes.
    Grain storage facility. That part of a grain handling operation or 
unit or a grain handling operation, consisting or structures, 
conveyances, and equipment that receive, unload, and store, grain, and 
that is able to operate as an independent unit from other units of the 
grain handling operation. A grain handling operation may be one grain 
storage facility or may be comprised of many grain storage facilities on 
a single premises.
    Infestation (infected). The presence of Karnal bunt, or any stage of 
development of the fungus Tilletia indica (Mitra) Mundkur, or the 
existence of circumstances that make it reasonable to believe that 
Karnal bunt is present.
    Inspector. An APHIS employee or designated cooperator/collaborator 
authorized by the Administrator to enforce the provisions of this 
subpart.
    Karnal bunt. A plant disease caused by the fungus Tilletia indica 
(Mitra) Mundkur.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for movement only to a specified destination and in accordance with 
conditions specified on the permit.
    Mechanized cultivating equipment and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors--e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes--e.g., combines, cotton harvesters, and hay balers.
    Milling products and byproducts. Products and byproducts resulting 
from processing wheat, durum wheat, or triticale, including animal feed, 
waste and debris.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands,

[[Page 109]]

or any State, territory, or possession of the United States.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 
1999]



Sec. 301.89-2  Regulated articles.

    The following are regulated articles:
    (a) Conveyances, including trucks, railroad cars, and other 
containers used to move wheat, durum wheat, or triticale;
    (b) Grain elevators/equipment/structures used for storing and 
handling wheat, durum wheat, and triticale;
    (c) Milling products or byproducts, except flour;
    (d) Plants, or plant parts, including grain, seed, or straw of all 
varieties of the following species:
    Wheat: Triticum aestivum;
    Durum wheat: Triticum durum; and
    Triticale: Triticum aestivum X Secale cereale;

    (e) Tilletia indica (Mitra) Mundkur;
    (f) Root crops with soil;
    (g) Soil from areas where field crops are produced;
    (h) Manure from animals that have fed on untreated or raw wheat, 
durum wheat, or triticale;
    (i) Mechanized harvesting equipment that has been used in the 
production of wheat, durum wheat, and triticale;
    (j) Seed conditioning equipment that has been used in the production 
of wheat, durum wheat, and triticale;
    (k) Any other product, article or means of conveyance when:
    (1) An inspector determines that it presents a risk of spreading 
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

[61 FR 52207, Oct. 4, 1996, as amended at 63 FR 50751, Sept. 23, 1998]



Sec. 301.89-3  Regulated areas.

    (a) The Administrator will regulate each State or each portion of a 
State that is infected.
    (b) Less than an entire State will be listed as a regulated area 
only if the Administrator:
    (1)(i) Determines that the State has adopted and is enforcing 
restrictions on the intrastate movement of the regulated articles listed 
in Sec. 301.89-2 that are equivalent to the movement restrictions 
imposed by this subpart; and
    (ii) Determines that designating less than the entire State as a 
regulated area will prevent the spread of Karnal bunt; or
    (2) Exercises his or her extraordinary emergency authority under 7 
U.S.C. 150dd.
    (c) The Administrator may include noninfected acreage within a 
regulated area due to its proximity to an infestation or inseparability 
from the infected locality for regulatory purposes, as determined by:
    (1) Projections of the spread of Karnal bunt along the periphery of 
the infestation;
    (2) The availability of natural habitats and host materials within 
the noninfected acreage that are suitable for establishment and survival 
of Karnal bunt; and
    (3) The necessity of including uninfected acreage within the 
regulated area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonregulated area as a regulated area in accordance with the criteria 
specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonregulated area, or, in the case of 
publicly owned land, to the person responsible for the management of the 
nonregulated area. Thereafter, the movement of any regulated article 
from an area temporarily designated as a regulated area is subject to 
this subpart. As soon as practicable, this area either will be added to 
the list of designated regulated areas in paragraph (f) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (e) The Administrator will classify a field or area as a regulated 
area when:

[[Page 110]]

    (1) It is a field planted with seed from a lot found to contain a 
bunted wheat kernel; or
    (2) It is a distinct definable area that contains at least one field 
that was found during survey to contain a bunted wheat kernel (the 
distinct definable area may include an area where Karnal bunt is not 
known to exist but where intensive surveys are required because of the 
area's proximity to a field found during survey to contain a bunted 
kernel); or
    (3) It is a distinct definable area that contains at least one field 
that was found during survey to contain spores consistent with Karnal 
bunt and has been determined to be associated with grain at a handling 
facility containing a bunted wheat kernel (the distinct definable area 
may include an area where Karnal bunt is not known to exist but where 
intensive surveys are required because of the area's proximity to a 
field that has been associated with grain at a handling facility 
containing a bunted kernel).
    (f) The following areas or fields are designated as regulated areas 
(maps of the regulated areas may be obtained by contacting the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
4700 River Road, Unit 134, Riverdale, MD 20737-1236):

                                 Arizona

    La Paz County. Beginning at the point where the Colorado River 
intersects the north side of sec. 32, T. 8 N., R. 21 W.; then east to 
the northeast corner of sec. 36, T. 8 N., R. 21 W.; then south to the 
southeast corner of sec. 1, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the 
intersection of the Colorado River; then northwest along the Colorado 
River to the point of beginning; and
    Beginning at the northeast corner of sec. 22, T. 6 N., R. 21 W.; 
then south to the southeast corner of sec. 34, T. 5 N., R. 21 W.; then 
west to the Colorado River; then north along the Colorado River to the 
northern side of sec. 21, T. 6 N., R. 22 W.; then east to the point of 
beginning.
    Maricopa County. Beginning at the southeast corner of sec. 33, T. 6 
S., R. 5 W.; then west to the southwest corner of sec. 32, T. 6 S., R. 7 
W.; then north to the northwest corner of sec. 5, T. 5 S., R. 7 W.; then 
east to the northeast corner of sec. 4, T. 5 S., R. 5 W.; then south to 
the point of beginning; and
    Beginning at the southeast corner of sec. 25, T. 1 S., R. 1 E. and 
the intersection of the Maricopa/Pinal County line; west to the 
southwest corner of sec. 28, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 4, T. 1 N., R. 5 W.; then east to the southwest 
corner of sec. 31, T. 2 N., R. 2 W.; then north to the northwest corner 
of sec. 31, T. 4 N., R. 2 W.; then east to the northeast corner of sec. 
36, T. 4 N., R. 1 W.; then south to the southeast corner of sec. 36, T. 
4 N., R. 1 W.; then east to the northeast corner of sec. 5, T. 3 N., R. 
2 E.; then south to the southeast corner of sec. 32, T. 2 N., R. 2 E.; 
then east to the northeast corner of sec. 6, T. 1 N., R. 3 E.; then 
south to the southeast corner of sec. 7, T. 1 S., R. 3 E.; then west to 
the southwest corner of sec. 10, T. 1 S., R. 2 E.; then south to the 
southeast corner of sec. 28, T. 1 S., R. 2 E.; then west to the 
intersection of the Maricopa/Pinal county line; then north, west and 
south along the county line to the point of beginning; and
    Beginning at the intersection of Interstate 10 and the Maricopa/
Pinal County line; then east and north along the county line to the 
northeast corner of sec. 1, T. 2 S., R. 7 E.; then west to the southeast 
corner of sec. 31, T. 1 S., R. 7 E.; then north to the northeast corner 
of sec. 31, T. 1 N., R. 7 E.; then west to the northwest corner of sec. 
31, T. 1 N., R. 6 E.; then north to the northeast corner of sec. 1, T. 2 
N., R. 5 E.; then west to the northwest corner of sec. 6, T. 2 N., R. 5 
E.; then south to the southwest corner of sec. 31, T. 2 N., R. 5 E.; 
then west to the northwest corner of sec. 2, T. 1 N., R. 4 E.; then 
south to the northwest corner of sec. 35, T. 1 S., R. 4 E.; then east to 
the intersection of Interstate 10; then south and east to the point of 
beginning; and
    The following individual fields in Maricopa County are regulated 
areas:

301060505
301060506
301060601
301060602
301060603

[[Page 111]]

301060604
304073004
304073005
304073010
304081410
304081413
304081415
304081417
304081505
304081506
304082202
304082302
304082303
304082607
304082703
306013222
306013231
306020404
306020501
306020601
306020623
316131901
316131904
316132302
316132604

    Pinal County. Beginning at the intersection of the Maricopa/Pinal 
County line and the northwest corner of sec. 6, T. 2 S., R. 8 E.; then 
east to the northeast corner of sec. 2, T. 2 S., R. 8 E.; then south to 
the southeast corner of sec. 14, T. 3 S., R. 8 E.; then west to the 
southeast corner of sec. 14, T. 3 S., R. 6 E.; then south to the 
southeast corner of sec. 26, T. 4 S., R. 6 E.; then west to the 
southeast corner of sec. 26, T. 4 S., R. 4 E.; then south to the 
southeast corner of sec. 22, T. 6 S., R. 4 E.; then west to the 
southwest corner of sec. 19, T. 6 S., R. 3 E.; then north to the 
southeast corner of sec. 13, T. 6 S., R. 2 E.; then west to the 
southwest corner of sec. 16, T. 6 S., R. 2 E.; then north to the 
northwest corner of sec. 9, T. 4 S., R. 2 E.; then east to the southwest 
corner of sec. 6, T. 4 S., R. 4 E.; then north to the northwest corner 
of sec. 6, T. 4 S., R. 4 E.; then east to the northwest corner of sec. 
6, T. 4 S., R. 5 E.; then north to the intersection of the Maricopa/
Pinal County line; then east and north along the county line to the 
point of beginning; and
    The following individual fields in Pinal County are regulated areas:

308102604
308102605
309021801
309021804
309021812
309031304
309033507
309042544
309042545
309042601
309042607
309042619
309050104
309050109
309050207

    Yuma County. The following individual fields in Yuma County are 
regulated areas:

321010208
321010210
321010211
321010224
321010301
321010302
321011103
321033501
321033502
321033503
321033516
321033517
321033518
321033519
321040405
321040911
321040912
321040915
321040917
321040918
321040921
321040922
321041903
321041904
321041908
321041919
321042903
323030401
323030402
323030403
323030404
323030405
323030406
323030501
323030502
323030512
323030513
323030514
323030515
323030521

                               California

    Imperial County. Beginning at the intersection of the Riverside/
Imperial County line and the California/Arizona State line; then west to 
the northwest corner of sec. 1, T. 9 S., R. 21 E.; the south to the 
California/Arizona State line; then east and north along the State line 
to the point of beginning.
    Riverside County. Beginning at the intersection of the Riverside/ 
Imperial

[[Page 112]]

County line and the California/Arizona State line; then west to the 
southwest corner of sec. 31, T. 8 S., R. 22 E.; then north to the 
northwest corner of sec. 30, T. 7 S., R. 22 E.; then north and northeast 
along the Palo Verde Valley agriculture area to the intersection of the 
California/Arizona State line; then south along the State line to the 
point of beginning.

                               New Mexico

    Dona Ana County. The following individual fields in Dona Ana County 
are regulated areas:

113040501
113040502
113040506
113040507
113040508
113040601
113040602
113040702
113040902
113042601
113042602
113042707
113042708
113043401
113043407
113043503
113043508
113043509
113050201
113050202
113050301
113060701
113060702
113060703
113060801
113060809
113060901
113060902
113070702
113072701
113072702
113072703
113072704
113072705
113072706
113173103
113210401
113210402
113210403
113210406
113210407
113210808
113212103
113212802
113212806
113241601
113242708

    Hidalgo County. The following individual fields in Hidalgo County 
are regulated areas:

123272403
123353001

    Luna County. The following individual fields in Luna County are 
regulated areas:

129011301
129012201
129013003
129013006
129022502
129060806
129060901
129060902
129062001
129062801
129062802
129232801
129232804
129232805
129232806
129292404
129300506
129300608
129301104
129301301
129301401
129301701
129301801
129301806
129302001
129302702
129303302
129440601
129440602
129440701
129440702
129440703
129440708
129440801
129441701

    Sierra County. The following individual fields in Sierra County are 
regulated areas:

151013401
151441201
151441202
151441306
151442201
151442601
151442602
151442603
151442604
151442605
151442606
151442607
151442608
151442609
151442610

[[Page 113]]

151442611
151442612
151442613
151442614
151442701
151443501
151443502
151443503
151443601
151443602
151443603
151443604
151451306
151453001
151453101
151453102
151453103
151453104
151502801

                                  Texas

    El Paso County. The following individual fields in El Paso County 
are regulated areas:

441141301
441142301
441142302
441142303
441142304
441142305
441142306
441142307
441142401
441142402
441142403
441142404
441241301
441241302
441252801
441252803
441252804
441252901
441253201
441253302
441253401

    Hudspeth County. The following individual fields in Hudspeth County 
are regulated areas:

429050701
429050702
429070101
429070102

    McCulloch County. Beginning at the McCulloch/San Saba County line 
and the line of latitude 31.232299 N.; then west along the line of 
latitude 31.232299 N. to the line of longitude -99.13473 W.; then north 
along the line of longitude -99.13473 W to the line of latitude 31.31004 
N.; then east along the line of latitude 31.31004 N. to the line of 
longitude -99.11427 W.; then north along the line of longitude -99.11427 
W to the line of latitude 31.283487 N.; then east along the line of 
latitude 31.283487 N. to the McCulloch/San Saba County line; then south 
to the point of beginning.
    San Saba County. Beginning at the San Saba/Mills County line and the 
line of longitude -98.5851 W.; then south along the line of longitude -
98.5851 W to the line of latitude 31.167959 N.; then west along the line 
of latitude 31.167959 N. to the line of longitude -98.903233 W.; then 
north along the line of longitude -98.903233 W. to the line of latitude 
31.310819 N.; then east along the line of latitude 31.3100819 N. to the 
San Saba/Mills County line; then south along the San Saba/Mills County 
line to the point of beginning; and
    Beginning at the San Saba/McCulloch County line and the line of 
latitude 31.283487 N.; then east along the line of latitude 31.283487 N. 
to the line of longitude -99.063487 W.; then south along the line of 
longitude -99.063487 W. to the line of latitude 31.232299 N.; then west 
along the line of latitude 31.232299 N. to the San Saba/McCulloch County 
line; then north along the San Saba/McCulloch County line to the point 
of beginning.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998; 63 FR 50751, Sept. 23, 
1998; 64 FR 23752, May 4, 1999]



Sec. 301.89-4  Planting.

    Wheat, durum wheat, and triticale may be planted in all fields 
within a regulated area. All wheat seed, durum wheat seed, and triticale 
seed that originates within a regulated area must be tested and found 
free from spores and bunted wheat kernels, then treated with a fungicide 
in accordance with Sec. 301.89-13(d), before it may be planted within a 
regulated area.

[64 FR 23754, May 4, 1999]



Sec. 301.89-5  Movement of regulated articles from regulated areas.

    (a) Any regulated article may be moved from a regulated area into or 
through an area that is not regulated only if moved under the following 
conditions:

[[Page 114]]

    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.89-6 and 301.89-10;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the regulated area from an 
area that is not regulated;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the regulated area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of contamination with 
Karnal bunt, or has been treated in accordance with the methods and 
procedures prescribed in Sec. 301.89-13 while in or moving through any 
regulated area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity;
    (3) Without a certificate or limited permit, provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator 1 to process, test, or analyze soil samples;
---------------------------------------------------------------------------

    \1\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (4) Without a certificate or limited permit, provided the regulated 
article is straw/stalks/seed heads for decorative purposes that have 
been processed or manufactured prior to movement and are intended for 
use indoors.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article, the inspector is 
authorized to stop the person or means of conveyance to determine 
whether a regulated article is present and to inspect the regulated 
article. Articles found to be infected by an inspector, and articles not 
in compliance with the regulations in this subpart, may be seized, 
quarantined, treated, subjected to other remedial measures, destroyed, 
or otherwise disposed of. Any treatments will be in accordance with the 
methods and procedures prescribed in Sec. 301.89-13.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998]



Sec. 301.89-6  Issuance of a certificate or limited permit.

    (a) An inspector 2 or person operating under a compliance 
agreement will issue a certificate for the movement of a regulated 
article outside a regulated area if he or she determines that the 
regulated article:
---------------------------------------------------------------------------

    \2\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or 
from Karnal Bunt Project, 3658 E. Chipman Rd. Phoenix, Arizona 85040.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved in compliance with any emergency conditions the 
Administrator may impose under 7 U.S.C. 150dd to prevent the artificial 
spread of Karnal bunt;3 and
---------------------------------------------------------------------------

    \3\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 105dd) 
authorizes the Secretary of Agriculture to impose emergency measures 
necessary to prevent the spread of plant pests new to, or not widely 
prevalent or distributed within and throughout, the United States.
---------------------------------------------------------------------------

    (3)(i) Is free of Karnal bunt infestation, based on laboratory 
results of testing, and history of previous infestation;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of 
Karnal bunt; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in Sec. 301.89-13.
    (b) To be eligible for movement under a certificate, grain from a 
field within a regulated area must be tested prior to its movement from 
the field or before it is commingled with other grains and must be found 
free from bunted kernels. If bunted kernels are found, the grain will be 
eligible for movement

[[Page 115]]

only under a limited permit issued in accordance with paragraph (c) of 
this section.
    (c) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the movement within or outside the 
regulated area of a regulated article not eligible for a certificate if 
the inspector determines that the regulated article:
    (1) Is to be moved to a specified destination for specified 
handling, utilization, or processing (the destination and other 
conditions to be listed in the limited permit and/or compliance 
agreement), and this movement will not result in the artificial spread 
of Karnal bunt because Karnal bunt will be destroyed or the risk 
mitigated by the specified handling, utilization, or processing;
    (2) Is to be moved in compliance with any additional emergency 
conditions the Administrator may impose under 7 U.S.C. 150dd to prevent 
the artificial spread of Karnal bunt; and
    (3) Is eligible for movement under all other Federal domestic plant 
quarantines and regulations applicable to the regulated article.
    (d) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.89-7 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the movement of 
regulated articles that have met all of the requirements of paragraph 
(a) or (b), respectively, of this section.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999]



Sec. 301.89-7  Compliance agreements.

    Persons who grow, handle, or move regulated articles may enter into 
a compliance agreement \4\ if such persons review with an inspector each 
provision of the compliance agreement, have facilities and equipment to 
carry out disinfestation procedures or application of chemical materials 
in accordance with Sec. 301.89-13, and meet applicable State training 
and certification standards under the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters 
into a compliance agreement with APHIS must agree to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
---------------------------------------------------------------------------

    \4\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 4700 
River Road Unit 134, Riverdale, Maryland 20737-1236, or from the Karnal 
Bunt Project, 3658 E. Chipman Rd., Phoenix, Arizona 85040.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]



Sec. 301.89-8  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and the reasons for the cancellation will be 
confirmed in writing as soon as circumstances allow, but within 20 days 
after oral notification of the cancellation. Any person whose 
certificate, limited permit, or compliance agreement has been canceled 
may appeal the decision, in writing, within 10 days after receiving the 
written cancellation notice. The appeal must state all of the facts and 
reasons that the person wants the Administrator to consider in deciding 
the appeal. A hearing may be held to resolve any conflict as to any 
material fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the

[[Page 116]]

appeal, in writing, stating the reasons for the decision.



Sec. 301.89-9  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services of an inspector \5\ at least 24 hours before the services 
are needed.
---------------------------------------------------------------------------

    \5\ See footnote 2.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 
FR 29550, June 2, 1999]



Sec. 301.89-10  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing movement of a regulated article is, at all times during 
movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing movement of a regulated article to the consignee at the 
shipment's destination.



Sec. 301.89-11  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services.
    The user will be responsible for all costs and charges arising from 
inspection and other services provided outside of normal business hours.



Sec. 301.89-12  Cleaning and disinfection.

    (a) Mechanized harvesting equipment and seed conditioning equipment 
that have been used in the production of Karnal bunt host crops must be 
cleaned and disinfected in accordance with Sec. 301.89-13(a) prior to 
movement from a regulated area.
    (b) [Reserved]

[63 FR 50751, Sept. 23, 1998, as amended at 64 FR 23754, May 4, 1999]



Sec. 301.89-13  Treatments.

    (a) All conveyances, mechanized harvesting equipment, seed 
conditioning equipment, grain elevators, and structures used for storing 
and handling wheat, durum wheat, or triticale required to be cleaned and 
disinfected under this subpart must be cleaned by removing all soil and 
plant debris and disinfected by one of the methods specified in 
paragraphs (a)(1) through (a)(4) of this section, unless a particular 
treatment is designated by an inspector. The treatment used must be that 
specified by an inspector if that treatment is deemed most effective in 
a given situation:
    (1) Wetting all surfaces to the point of runoff with a solution of 
1.5 percent sodium hypochlorite--e.g., with a solution of sodium 
hypochlorite mixed with water applied at the rate of 1 gallon of 
household chlorine bleach (5.2 percent sodium hypochlorite) mixed with 
2.5 gallons of water--and letting stand for 15 minutes. The equipment or 
site should be thoroughly washed down after 15 minutes to minimize 
corrosion; or
    (2) Applying steam to all surfaces until the point of runoff, and so 
that a critical temperature of 170  deg.F is reached at the point of 
contact;
    (3) Cleaning with a solution of hot water and detergent, applied 
under pressure of at least 30 pounds per square inch, at a minimum 
temperature of 180  deg.F; or
    (4) Fumigating with methyl bromide at the dosage of 15 pounds/1000 
cubic feet for 96 hours.
    (b) Soil must be wet to a depth of 1 inch by water (irrigation or 
rain) just prior to treatment and must be treated by fumigation with 
methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.
    (c) Millfeed must be treated with a moist heat treatment of 170 
deg.F for at least 1 minute if the millfeed resulted from the milling of 
wheat, durum wheat, or triticale that tested positive for Karnal bunt.
    (d) Seed for planting must be treated by one of the following 
methods:

[[Page 117]]

    (1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of 
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed;
    (2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene 
(2.23 lb. ai./gal.) per 100 pounds of seed;
    (3) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid per 100 pounds of seed;
    (4) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid per 100 pounds of seed; or
    (5) With 3 fluid ounces of pentachloronitrobenzene (2.23 lb. ai./
gal.) per 100 pounds of seed.
    (e) Seed used for germplasm or for research purposes must be treated 
with a 1.5 percent aqueous solution of sodium hypochlorite (=30 percent 
household bleach) containing 2 ml. of Tween 20TM per liter 
agitated for 10 minutes at room temperature followed by a 15-minute 
rinse with clean, running water and then by drying, and either:
    (1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of 
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed; or
    (2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene 
(2.23 lb. ai./gal.) per 100 pounds of seed.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 64265, Dec. 5, 1997; 63 
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999]



Sec. 301.89-14  Compensation for the 1995-1996 crop season.

    The following individuals are eligible to receive compensation from 
the United States Department of Agriculture (USDA) for the 1995-1996 
crop season to mitigate losses or expenses incurred because of the 
Karnal bunt regulations and emergency actions, as follows:
    (a) Growers who have destroyed crops. Growers in New Mexico and 
Texas who have destroyed crops of wheat pursuant to an Emergency Action 
Notification (PPQ Form 523) issued by an inspector are eligible to be 
compensated at the rate of $300 per acre of destroyed crop. Compensation 
payments will be issued by the Farm Service Agency (FSA). To claim 
compensation, the grower must complete and submit to a local FSA county 
office whichever of the following three forms are applicable, as 
determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. The 
forms will be furnished by FSA. Claims for compensation must be received 
by FSA on or before May 31, 1997. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation on or before May 31, 1997.
    (b) Growers and handlers who sell nonpropagative wheat. Growers and 
handlers in a State where the Secretary has declared an extraordinary 
emergency, and who sell nonpropagative wheat grown in the regulated area 
or in an area for which an Emergency Action Notification (PPQ Form 523) 
has been issued in accordance with Sec. 301.89-3(d), are eligible to be 
compensated for the loss in value of their wheat due to the Karnal bunt 
regulations, as follows:
    (1) Growers who sell nonpropagative wheat. Growers are eligible to 
be compensated for nonpropagative 1995-1996 crop season wheat and for 
nonpropagative wheat inventories in their possession that were unsold as 
of March 1, 1996, as described in paragraphs (b)(1)(i), (b)(1)(ii), and 
(b)(1)(iii) of this section. However, compensation will not exceed $2.50 
per bushel under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract before March 1, 1996, compensation will equal the 
contracted price minus the higher of either the salvage value, as 
described in paragraph (b)(3) of this section, or the actual price 
received by the grower.
    (ii) If the wheat was grown under contract and a price was 
determined in the contract on or after March 1, 1996, and on or before 
August 1, 1996, compensation will equal the higher of either the 
contract price or the estimated market price for the relevant class of 
wheat (meaning type of wheat, such as durum or hard red winter)

[[Page 118]]

minus the higher of either the salvage value, as described in paragraph 
(b)(3) of this section, or the actual price received by the grower. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) for the period between May 1 
and June 30, 1996, with adjustments for transportation and other 
handling costs.
    (iii) If the wheat was not grown under contract or a price was 
determined in the contract after August 1, 1996, compensation will equal 
the estimated market price for the relevant class of wheat (meaning type 
of wheat, such as durum or hard red winter) minus the higher of either 
the salvage value, as described in paragraph (b)(3) of this section, or 
the actual price received by the grower. The estimated market price will 
be calculated by APHIS for each class of wheat, taking into account the 
prices offered by relevant terminal markets (animal feed, milling, or 
export) for the period between May 1 and June 30, 1996, with adjustments 
for transportation and other handling costs.
    (2) Handlers who sell nonpropagative wheat. Handlers are eligible to 
be compensated for nonpropagative 1995-1996 crop season wheat and for 
nonpropagative wheat inventories in their possession that were unsold as 
of March 1, 1996, only under the circumstances described in paragraphs 
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section. Compensation for 
the circumstances in paragraphs (b)(2)(i) and (b)(2)(ii) will equal the 
estimated market price for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) minus the salvage value, as 
described in paragraph (b)(3) of this section. Compensation for the 
circumstance in paragraph (b)(2)(iii) will equal the estimated market 
price for the relevant class of wheat (meaning type of wheat, such as 
durum or hard red winter) minus the higher of either the salvage value, 
as described in paragraph (b)(3) of this section, or the actual price 
received by the handler. The estimated market price will be calculated 
by APHIS for each class of wheat, taking into account the prices offered 
by relevant terminal markets (animal feed, milling, or export) for the 
period between May 1 and June 30, 1996, with adjustments for 
transportation and other handling costs. However, compensation will not 
exceed $2.50 per bushel under any circumstances.
    (i) Handlers who honor contracts by paying the grower full contract 
price on wheat grown for nonpropagative purposes in the regulated area 
that was tested by APHIS and found positive for Karnal bunt;
    (ii) Handlers who purchase contracted or noncontracted wheat grown 
for nonpropagative purposes in the regulated area that was tested by 
APHIS and found negative for Karnal bunt prior to purchase but that was 
tested by APHIS and found positive for Karnal bunt after purchase; or
    (iii) Except as explained in this paragraph, handlers who honor 
contracts by paying the grower or another handler full contract price on 
nonpropagative wheat grown in the regulated area that was tested by 
APHIS and found negative for Karnal bunt if a price was determined in 
the contract before March 1, 1996. Handlers who had contracted to sell 
the wheat at a price determined in the contract before March 1, 1996, 
and who received the full contract price, are not eligible for 
compensation.
    (3) Salvage value. Salvage values will be as follows:
    (i) If the wheat is positive for Karnal bunt and is sold for use as 
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per 
bushel for all classes of wheat.
    (ii) If the wheat is positive for Karnal bunt and is sold for a use 
other than animal feed, salvage value equals whichever is higher of the 
following: the average price paid in the region of the regulated area 
where the wheat is sold for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) for the period between May 1 
and June 30, 1996; or, $3.60 per bushel.
    (iii) If the wheat is negative for Karnal bunt and is sold for any 
use, salvage value equals whichever is higher of the following: the 
average price paid in the region of the regulated area where the wheat 
is sold for the relevant class of wheat (meaning type of

[[Page 119]]

wheat, such as durum or hard red winter) for the period between May 1 
and June 30, 1996; or, $3.60 per bushel.
    (4) To claim compensation. Compensation payments will be issued by 
the Farm Service Agency (FSA). Claims for compensation must be received 
by FSA on or before May 31, 1997. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation on or before May 31, 1997. To claim compensation, a grower 
or handler must complete and submit to the local FSA county office the 
following documents:
    (i) Both growers and handlers. A grower or handler must submit 
whichever of the following three forms are applicable, as determined by 
FSA: FSA Form 574, FSA Form 578, and FCI Form 73. A grower or a handler 
must also submit a copy of the receipt for the final sale of the wheat, 
showing the intended use for which the wheat was sold, and a copy of the 
Karnal bunt certificate issued by APHIS that shows the Karnal bunt test 
results.
    (ii) Growers. In addition to the documents required in paragraph 
(b)(4)(i), growers must submit a copy of the contract the grower has for 
the wheat, if the wheat was under contract; and a copy of the receipt 
for the final sale of the wheat, showing the intended use for which the 
wheat was sold, total bushels sold, and the total amount paid to the 
grower by the handler.
    (iii) Handlers. In addition to the documents required in paragraph 
(b)(4)(i), handlers must submit a copy of the contract the handler had 
with the grower for the wheat, if the wheat was under contract; a copy 
of the receipt for the purchase of the wheat from the grower or handler, 
showing the total bushels purchased and the amount the handler paid for 
the wheat; and a copy of the receipt for the final sale of the wheat, 
showing the intended use for which the wheat was sold. Handlers who had 
contracted to sell the wheat at a price determined in the contract 
before March 1, 1996, must submit a copy of the contract for the sale of 
the wheat.
    (c) Nonpropagative wheat that is not sold. If a grower or handler of 
nonpropagative wheat grown in the regulated area in a State where the 
Secretary has declared an extraordinary emergency is not able to or 
elects not to sell their wheat, they will be eligible to receive 
compensation at the rate of $2.50 per bushel. Compensation will only be 
paid if the grower or handler has destroyed the wheat by burying it in a 
sanitary landfill or other site that has been approved by APHIS. 
Compensation claims will be issued by the Farm Service Agency (FSA). To 
claim compensation, the grower or handler must complete and submit to 
the local FSA county office whichever of the following three forms are 
applicable, as determined by FSA: FSA Form 574, FSA Form 578, and FCI 
Form 73. In addition, the grower or handler must submit verification of 
how much wheat was buried, in the form of a receipt from the sanitary 
landfill or verification signed by an APHIS inspector. Claims for 
compensation must be received by FSA on or before May 31, 1997. The 
Administrator may extend this deadline, upon request in specific cases, 
when unusual and unforeseen circumstances occur which prevent or hinder 
a claimant from requesting compensation on or before May 31, 1997.
    (d) Growers and seed companies that sold wheat seed. Growers of and 
seed companies with certified wheat seed or wheat grown with the intent 
of producing certified wheat seed are eligible for compensation for the 
loss in value of their seed, in accordance with this section, if the 
seed was grown in a State where the Secretary has declared an 
extraordinary emergency, and if the seed was grown in an area of that 
State that was regulated for Karnal bunt or under Emergency Action 
Notification (PPQ Form 523) for Karnal bunt during the 1995-1996 crop 
season.
    (1) Growers who sold wheat seed under contract. Growers who sold 
1995-1996 crop season certified wheat seed or 1995-1996 crop season 
wheat grown with the intent of producing certified wheat seed are 
eligible to receive compensation as described in paragraphs (d)(1)(i) 
and (d)(1)(ii) of this section if they sold the wheat under contract to 
a seed company. However, compensation will not exceed $2.80 per bushel 
under any circumstances.

[[Page 120]]

    (i) If the wheat was grown under contract and a price was determined 
in the contract on or before March 1, 1996, and the contract price was 
not honored by the seed company, the compensation rate will equal the 
contract price (CP), including the seed premium if specified in the 
contract, minus the higher of either the salvage value (SV), as 
described in paragraph (d)(6) of this section, plus the actual seed 
premium received by the grower (SP)(actual), or the actual price 
received by the grower (AP), including any seed premium specified on the 
receipt for the final sale of the wheat. If the actual seed premium 
received by the grower is not specified on the receipt for the final 
sale of the wheat, the seed premium will be set at $.30 for the 
compensation calculation. In each case, the amount of the actual price 
or the salvage value of the wheat seed will include the value of any 
proceeds accrued through insurance claims, judgments, or from any other 
source. The equation for this compensation is: Compensation rate = CP--
higher of [SV + (SP(actual) or $.30) or [AP].
    (ii) If the wheat was grown under contract and a price was 
determined in the contract after March 1, 1996, the compensation rate 
will equal the estimated market price for grain (EMP) plus the seed 
premium if specified in the contract (SP)(contract) minus the higher of 
either the salvage value (SV), as described in paragraph (d)(6) of this 
section, plus the actual seed premium received by the grower 
(SP)(actual), or the actual price received by the grower (AP), including 
any seed premium specified on the receipt for the final sale of the 
wheat. If a seed premium is not specified in the contract or on the 
receipt for the final sale of the wheat, the seed premium that is added 
to the estimated market price (EMP) and the seed premium that is added 
to the salvage value (SV) will be set at $.30. In each case, the amount 
of the actual price or the salvage value of the wheat seed will include 
the value of any proceeds accrued through insurance claims, judgments, 
or from any other source. The equation for this compensation is: 
Compensation rate = [EMP + (SP(contract) or $.30)]--higher of [SV + 
(SP(actual) or $.30)] or [AP]. The estimated market price will be 
calculated by APHIS for each class of wheat, taking into account the 
prices offered by relevant terminal markets (animal feed, milling, or 
export) for the period between May 1 and June 30, 1996, with adjustments 
for transportation and other handling costs.
    (2) Growers who sold wheat seed for nonpropagative purposes. Growers 
with 1995-1996 crop season certified wheat seed or 1995-1996 crop season 
wheat grown with the intent of producing certified wheat seed are 
eligible to receive compensation in accordance with paragraphs (d)(2)(i) 
and (d)(2)(ii) of this section if they sold the wheat for nonpropagative 
purposes. However, compensation will not exceed $2.80 per bushel under 
any circumstances.
    (i) If the grower has not claimed compensation under paragraph (b) 
of this section, the compensation rate will equal the estimated market 
price for grain (EMP) minus the actual price received by the grower 
(AP), plus the seed premium specified in the contract the grower had 
with a seed company (SP). If a seed premium is not specified in the 
contract, SP will equal $.30. In each case, the amount of the actual 
price of the wheat seed will include the value of any proceeds accrued 
through insurance claims, judgments, or from any other source. The 
equation for this compensation is: Compensation rate = (EMP-AP) + (SP or 
$.30). Growers who claim compensation under this paragraph may not claim 
compensation under paragraph (b) of this section.
    (ii) If the grower has claimed compensation under paragraph (b) of 
this section, the compensation rate will equal the premium specified in 
the contract the grower had with a seed company. If no seed premium is 
specified in the contract, compensation will equal $.30 per bushel.
    (3) Seed companies that sold wheat seed for nonpropagative purposes 
and that have not claimed compensation. Seed companies with 1995-1996 
crop season certified wheat seed or 1995-1996 crop season wheat grown 
with the intent of producing certified wheat seed, and seed companies 
with certified wheat seed inventories in their possession that were 
unsold as of March 1, 1996, are eligible to receive compensation as

[[Page 121]]

described in paragraphs (d)(3)(i) and (d)(3)(ii) of this section if the 
wheat seed was sold for nonpropagative purposes and if the seed company 
has not claimed compensation under paragraph (b) of this section. Seed 
companies that claim compensation under paragraph (d)(3)(i) or 
(d)(3)(ii) of this section may not claim compensation under paragraph 
(b) of this section.
    (i) If the wheat was grown in the 1995-1996 crop season, was under 
contract, and the seed company honored the contract by paying the grower 
the full contract price, including the seed premium if a seed premium is 
specified in the contract, the compensation rate will equal the 
estimated market price for grain (EMP) plus the seed margin (SM) minus 
the higher of either the actual price received by the seed company (AP) 
or the salvage value (SV), as described in paragraph (d)(6) of this 
section. The equation for this compensation is: Compensation rate = EMP 
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private 
variety seed and $2.40 per bushel for public variety seed. In each case, 
the amount of the actual price or the salvage value of the wheat seed 
will include the value of any proceeds accrued through insurance claims, 
judgments, or from any other source. However, compensation will not 
exceed $7.00 per bushel for private variety seed and $4.90 per bushel 
for public variety seed under any circumstances.
    (ii) If a seed company had wheat inventories from past crop seasons 
that were unsold as of March 1, 1996, the compensation rate will equal 
the estimated market price for grain (EMP) plus the seed margin (SM) 
minus the higher of either the actual price received by the seed company 
(AP) or the salvage value (SV), as described in paragraph (d)(6) of this 
section. The equation for this compensation is: Compensation rate = EMP 
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private 
variety seed and $2.40 per bushel for public variety seed. In each case, 
the amount of the actual price or the salvage value of the wheat seed 
will include the value of any proceeds accrued through insurance claims, 
judgments, or from any other source. However, compensation will not 
exceed $7.00 per bushel for private variety seed and $4.90 per bushel 
for public variety seed under any circumstances.
    (4) Seed companies that sold wheat seed for nonpropagative purposes 
and that have claimed compensation. Seed companies with 1995-1996 crop 
season certified wheat seed or 1995-1996 crop season wheat grown with 
the intent of producing certified wheat seed, and seed companies with 
certified wheat seed inventories in their possession that were unsold as 
of March 1, 1996, are eligible to receive compensation as described in 
this paragraph if the wheat seed was sold for nonpropagative purposes 
and if the seed company has claimed compensation under paragraph (b) of 
this section. In addition, for claims on 1995-1996 crop season wheat, 
the wheat must have been grown under contract and the seed company must 
have honored the contract by paying the grower the full contract price, 
including the seed premium if a seed premium is specified in the 
contract. The compensation rate will equal the seed margin. The seed 
margin is $4.50 per bushel for private variety seed and $2.40 per bushel 
for public variety seed.
    (5) Seed companies that sold wheat seed for propagative purposes. 
Seed companies with 1995-1996 crop season certified wheat seed or 1995-
1996 crop season wheat grown with the intent of producing certified 
wheat seed, and seed companies with certified wheat seed inventories in 
their possession that were unsold as of March 1, 1996, are eligible to 
receive compensation as described in this paragraph if the wheat seed 
was sold for propagative purposes. In addition, for claims on 1995-1996 
crop season wheat, the wheat must have been grown under contract and the 
seed company must have honored the contract by paying the grower the 
full contract price, including the seed premium if a seed premium is 
specified in the contract. The compensation rate will equal the 
estimated market price for grain (EMP) plus the seed margin (SM) minus 
the higher of either the actual price received by the seed company (AP) 
or the salvage value (SV), as described in paragraph (d)(6) of this 
section. In each case, the amount of the actual price or the salvage 
value of

[[Page 122]]

the wheat seed will include the value of any proceeds accrued through 
insurance claims, judgments, or from any other source. The equation for 
this compensation is: Compensation rate = EMP + SM-higher of AP or SV. 
The seed margin is $4.50 per bushel for private variety seed and $2.40 
per bushel for public variety seed. However, compensation will not 
exceed $7.00 per bushel for private variety seed and $4.90 per bushel 
for public variety seed under any circumstances.
    (6) Salvage value. Salvage values will be determined as follows:
    (i) If the wheat is positive for Karnal bunt and is sold for use as 
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per 
bushel for all classes of wheat.
    (ii) If the wheat is positive for Karnal bunt and is sold for a use 
other than animal feed, salvage value equals whichever is higher of the 
following: the average price paid in the region of the regulated areas 
where the wheat is sold for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) for the period between May 1 
and June 30, 1996; or, $3.60 per bushel.
    (iii) If the wheat is negative for Karnal bunt and is sold for any 
use, salvage value equals whichever is higher of the following: the 
average price paid in the region of the regulated areas where the wheat 
is sold for the relevant class of wheat (meaning type of wheat, such as 
durum or hard red winter) for the period between May 1 and June 30, 
1996; or, $3.60 per bushel.
    (7) To claim compensation. Compensation payments for claims made 
under paragraph (d) of this section will be issued by the Farm Service 
Agency (FSA). Claims for compensation must be received by FSA on or 
before April 22, 1998. The Administrator may extend this deadline, upon 
request in specific cases, when unusual and unforeseen circumstances 
occur which prevent or hinder a claimant from requesting compensation on 
or before that date. To claim compensation, a grower or seed company 
must submit to the local FSA county office all of the following that 
apply:
    (i) The grower or seed company must submit a Karnal Bunt 
Compensation Claim form, provided by FSA;
    (ii) The grower or seed company must submit a copy of the receipt 
for the final sale of the wheat, showing the intended use for which the 
wheat was sold, total bushels sold, and the total price received by the 
grower or seed company;
    (iii) The grower or seed company must submit verification as to the 
actual (not estimated) weight of the wheat for which compensation is 
being claimed (such as a copy of a facility weigh ticket, or other 
verification);
    (iv) The grower or seed company must submit documentation showing 
that the wheat is either certified seed or was grown with the intention 
of producing certified seed (this documentation may include one or more 
of the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (v) For claims on 1995-1996 crop season wheat, the grower or seed 
company must submit a copy of the contract under which the wheat was 
grown. Seed companies claiming compensation on seed inventories that 
were in their possession as of March 1, 1996, do not have to submit a 
copy of the contract under which the wheat was grown;
    (vi) A seed company that is claiming compensation for seed 
inventories must certify to FSA that the wheat seed was in the seed 
company's possession as of March 1, 1996;
    (vii) The grower or seed company must submit a copy of the Karnal 
bunt certificate issued by APHIS that shows the Karnal bunt test 
results; provided that, if a grower or seed company moved its wheat only 
within the regulated area, and therefore, does not have a corresponding 
Karnal bunt certificate for the wheat for which compensation is being 
claimed, a limited permit stating that the wheat was positive for Karnal 
bunt will be accepted in lieu of a Karnal bunt certificate. Any wheat

[[Page 123]]

that was moved only within the regulated area and that was not moved 
under a limited permit will be considered negative for Karnal bunt;
    (viii) If the wheat was grown in an area that is not a regulated 
area, but for which an Emergency Action Notification (PPQ Form 523) 
(EAN) for Karnal bunt has been issued, the grower or seed company must 
submit a copy of the EAN.
    (e) Other compensation for seed companies. Seed companies are also 
eligible to receive compensation under the following circumstance: If a 
seed company has 1995-1996 crop season certified wheat seed, or 1995-
1996 crop season wheat grown with the intent of producing certified 
wheat seed, that cannot be sold for use as grain or animal feed because 
it was previously cleaned, treated, and bagged, the compensation rate 
will equal $9.40 per bushel for private variety seed and $7.30 per 
bushel for public variety seed. Compensation will only be paid if the 
seed company has destroyed the wheat by burying it in a sanitary 
landfill or other site that has been approved by APHIS. The compensation 
will be issued by the Farm Service Agency (FSA). Claims for compensation 
must be received by FSA on or before April 22, 1998. The Administrator 
may extend this deadline, upon request in specific cases, when unusual 
and unforeseen circumstances occur which prevent or hinder a claimant 
from requesting compensation on or before that date. To claim 
compensation, a seed company must submit to the local FSA county office 
all of the following that apply:
    (1) The seed company must submit a Karnal Bunt Compensation Claim 
form, provided by FSA;
    (2) The seed company must submit verification of how much wheat was 
buried, in the form of a receipt from the sanitary landfill or 
verification signed by an APHIS inspector;
    (3) The seed company must submit documentation showing that the 
wheat is either certified seed or was grown with the intention of 
producing certified seed (this documentation may include one or more of 
the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (4) For claims on 1995-1996 crop season wheat that was buried, the 
seed company must submit a copy of the contract under which the wheat 
was grown. Seed companies claiming compensation on buried seed 
inventories that were in their possession as of March 1, 1996, do not 
have to submit a copy of the contract under which the wheat was grown;
    (5) A seed company that is claiming compensation for seed 
inventories that were buried must certify to FSA that the wheat seed was 
in the seed company's possession as of March 1, 1996;
    (6) If the wheat was grown in an area that is not a regulated area, 
but for which an Emergency Action Notification (PPQ Form 523)(EAN) for 
Karnal bunt has been issued, the seed company must submit a copy of the 
EAN.
    (f) Decontamination of grain storage facilities. Owners of grain 
storage facilities that are in States where the Secretary has declared 
an extraordinary emergency, and who have decontaminated their grain 
storage facilities pursuant to an Emergency Action Notification (PPQ 
Form 523) issued by an inspector, are eligible to be compensated, on a 
one time only basis for each facility and each covered crop year wheat, 
for up to 50 percent of the cost of decontamination. However, 
compensation will not exceed $20,000 per grain storage facility (as 
defined in Sec. 301.89-1). General clean-up, repair, and refurbishment 
costs are excluded from compensation. Compensation payments will be 
issued by APHIS. To claim compensation, the owner of the grain storage 
facility must submit to an inspector records demonstrating that 
decontamination was performed on all structures, conveyances, or 
materials ordered to be decontaminated by the Emergency Action 
Notification on the facility. The records must include a copy of the 
Emergency Action Notification, contracts with individuals or companies 
hired to perform the decontamination, receipts for equipment and

[[Page 124]]

materials purchased to perform the decontamination, time sheets for 
employees of the grain storage facility who performed activities 
connected to the decontamination, and any other documentation that helps 
show the cost to the owner and that decontamination has been completed. 
Claims for compensation must be received by APHIS on or before May 31, 
1997. The Administrator may extend this deadline, upon request in 
specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
May 31, 1997.
    (g) Flour millers. Flour millers who, in accordance with a 
compliance agreement with APHIS, heat-treat millfeed made from wheat 
produced in regulated areas that require such treatment are eligible to 
be compensated at the rate of $35.00 per short ton of millfeed. The 
amount of millfeed compensated will be calculated by multiplying the 
weight of wheat from the regulated area received by the miller by 25 
percent (the average percent of millfeed derived from a short ton of 
grain). Compensation payments will be issued by APHIS. To claim 
compensation, the miller must submit to an inspector verification as to 
the actual (not estimated) weight of the wheat (such as a copy of the 
limited permit under which the wheat was moved to the mill or a copy of 
the bill of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Flour millers must also submit 
verification that the millfeed was heat treated (such as a copy of the 
limited permit under which the wheat was moved to a treatment facility 
and a copy of the bill of lading accompanying that movement; or a copy 
of PPQ Form 700 (which includes certification of processing) signed by 
the inspector who monitors the mill). Claims for compensation must be 
received by APHIS on or before May 31, 1997. The Administrator may 
extend this deadline, upon request in specific cases, when unusual and 
unforeseen circumstances occur which prevent or hinder a claimant from 
requesting compensation on or before May 31, 1997.
    (h) National Karnal Bunt Survey participants. If a grain storage 
facility participating in the National Karnal Bunt Survey tests positive 
for Karnal bunt spores, the facility will be regulated and may be 
ordered decontaminated pursuant to an Emergency Action Notification (PPQ 
Form 523) issued by an inspector. If a Declaration of Extraordinary 
Emergency has been declared for the State in which the grain storage 
facility is located, the owner of the grain storage facility will be 
eligible for compensation as follows:
    (1) Loss in value of positive wheat. The owner of the grain storage 
facility will be compensated for the loss in value of positive wheat. 
Compensation will equal the estimated market price for the relevant 
class of wheat minus the salvage value, as described in paragraph (b)(3) 
of this section. The estimated market price will be calculated by APHIS 
for each class of wheat, taking into account the prices offered by 
relevant terminal markets (animal feed, milling, or export) for the 
period between October 1 and November 30, 1996, with adjustments for 
transportation and other handling costs. However, compensation will not 
exceed $2.50 per bushel under any circumstances. Compensation payments 
for loss in value of wheat will be issued by the Farm Service Agency 
(FSA). To claim compensation, the owner of the facility must submit to 
the local FSA office a copy of the Emergency Action Notification under 
which the facility is or was quarantined and verification as to the 
actual (not estimated) weight of the wheat (such as a copy of the 
limited permit under which the wheat was moved to a mill or a copy of 
the bill of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Claims for compensation must be 
received by FSA on or before May 31, 1997. The Administrator may extend 
this deadline, upon request in specific cases, when unusual and 
unforeseen circumstances occur which prevent or hinder a claimant from 
requesting compensation on or before May 31, 1997.
    (2) Decontamination of grain storage facilities. The owner of the 
facility will be compensated on a one time only basis for each grain 
storage facility and each covered crop year wheat for the direct

[[Page 125]]

costs of decontamination of the facility at the same rate described 
under paragraph (f) of this section (up to 50 per cent of the direct 
costs of decontamination, not to exceed $20,000 per grain storage 
facility). Compensation payments for decontamination of grain storage 
facilities will be issued by APHIS, and claims for compensation must be 
submitted in accordance with the provisions in paragraph (f) of this 
section. Claims for compensation must be received by APHIS on or before 
May 31, 1997. The Administrator may extend this deadline, upon request 
in specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
May 31, 1997.
    (i) Wheat straw producers. Producers of wheat straw (either growers 
who bale their own wheat straw or individuals contracted by growers to 
remove wheat straw from the growers' fields) made from wheat grown in 
the regulated areas in the 1995-1996 crop season are eligible to receive 
compensation on a one-time-only basis at the rate of $1.00 per 80-pound 
bale or $1.25 per hundredweight. Producers are eligible for compensation 
regardless of whether or not the straw is sold, but the straw must have 
been produced under contract. Compensation payments will be issued by 
the Farm Service Agency (FSA). To claim compensation, a wheat straw 
producer must submit a Karnal Bunt Compensation Claim form, provided by 
FSA, and a copy of the contract under which the wheat straw was produced 
to the local FSA county office. Claims for compensation must be received 
by FSA on or before April 22, 1998. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation prior to that date.

[62 FR 24751, May 6, 1997, as amended at 63 FR 1329, Jan. 9, 1998]



Sec. 301.89-15  Compensation for growers, handlers, and seed companies in the 1996-1997 and 1997-1998 crop seasons.

    Growers, handlers, and seed companies are eligible to receive 
compensation from the United States Department of Agriculture (USDA) for 
the 1996-1997 and 1997-1998 crop seasons to mitigate losses or expenses 
incurred because of the Karnal bunt regulations and emergency actions, 
as follows:
    (a) Growers, handlers, and seed companies in areas under first 
regulated crop season. Growers, handlers, and seed companies are 
eligible to receive compensation for the loss in value of their wheat in 
accordance with paragraphs (a)(1) and (a)(2) of this section if: the 
wheat was grown in a State where the Secretary has declared an 
extraordinary emergency; and, the wheat was grown in an area of that 
State that became regulated for Karnal bunt after the crop was planted, 
or for which an Emergency Action Notification (PPQ Form 523) was issued 
after the crop was planted; and, the wheat was grown in an area that 
remained regulated or under Emergency Action Notification at the time 
the wheat was sold. Growers, handlers, and seed companies in areas under 
the first regulated crop season are eligible for compensation for 1996-
1997 crop season wheat or 1997-1998 crop season wheat (as appropriate) 
and for wheat inventories in their possession that were unsold at the 
time the area became regulated. The compensation provided in this 
section is for wheat grain, certified wheat seed, and wheat grown with 
the intention of producing certified wheat seed.
    (1) Growers. Growers of wheat in an area under the first regulated 
crop season, who sell wheat that was tested by APHIS and found positive 
for Karnal bunt prior to sale, or that was tested by APHIS and found 
positive for Karnal bunt after sale and the price received by the grower 
is contingent on the test results, are eligible to receive compensation 
as described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. 
However, compensation for positive-testing wheat will not exceed $1.80 
per bushel under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract before the area where the wheat was grown became 
regulated, compensation will equal the contract price minus the actual 
price received by the grower.
    (ii) If the wheat was not grown under contract or a price was 
determined in

[[Page 126]]

the contract after the area where the wheat was grown became regulated, 
compensation will equal the estimated market price for the relevant 
class of wheat (meaning type of wheat, such as durum or hard red winter) 
minus the actual price received by the grower. The estimated market 
price will be calculated by APHIS for each class of wheat, taking into 
account the prices offered by relevant terminal markets (animal feed, 
milling, or export) during the harvest months for the area, with 
adjustments for transportation and other handling costs. Separate 
estimated market prices will be calculated for certified wheat seed and 
wheat grown with the intention of producing certified wheat seed, and 
wheat grain.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in an area under the first regulated crop season are 
eligible to receive compensation only if the wheat was not tested by 
APHIS prior to purchase by the handler or seed company, but was tested 
by APHIS and found positive for Karnal bunt after purchase by the 
handler or seed company, as long as the price to be paid is not 
contingent on the test results. Compensation will equal the estimated 
market price for the relevant class of wheat (meaning type of wheat, 
such as durum or hard red winter) minus the actual price received by the 
handler or seed company. The estimated market price will be calculated 
by APHIS for each class of wheat, taking into account the prices offered 
by relevant terminal markets (animal feed, milling, or export) during 
the harvest months for the area, with adjustments for transportation and 
other handling costs. Separate estimated market prices will be 
calculated for certified wheat seed and wheat grown with the intention 
of producing certified wheat seed, and wheat grain. However, 
compensation will not exceed $1.80 per bushel under any circumstances.
    (b) Growers, handlers, and seed companies in previously regulated 
areas. Growers, handlers, and seed companies are eligible to receive 
compensation for the loss in value of their wheat in accordance with 
paragraphs (b)(1) and (b)(2) of this section if: the wheat was grown in 
a State where the Secretary has declared an extraordinary emergency; 
and, the wheat was grown in an area of that State that became regulated 
for Karnal bunt before the crop was planted, or for which an Emergency 
Action Notification (PPQ Form 523) was issued before the crop was 
planted; and, the wheat was grown in an area that remained regulated or 
under Emergency Action Notification at the time the wheat was sold. 
Growers, handlers, and seed companies in previously regulated areas are 
eligible for compensation only for 1996-1997 or 1997-1998 crop season 
wheat. The compensation provided in this section is for wheat grain, 
certified wheat seed, and wheat grown with the intention of producing 
certified wheat seed.
    (1) Growers. Growers of wheat in a previously regulated area who 
sell wheat that was tested by APHIS and found positive for Karnal bunt 
prior to sale, or that was tested by APHIS and found positive for Karnal 
bunt after sale and the price received by the grower is contingent on 
the test results, are eligible to receive compensation at the rate of 
$.60 per bushel of positive testing wheat.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in a previously regulated area are eligible to receive 
compensation only if the wheat was not tested by APHIS prior to purchase 
by the handler, but was tested by APHIS and found positive for Karnal 
bunt after purchase by the handler or seed company, as long as the price 
to be paid by the handler or seed company is not contingent on the test 
results. Compensation will be at the rate of $.60 per bushel of positive 
testing wheat.
    (c) To claim compensation. Compensation payments to growers, 
handlers, and seed companies under paragraphs (a) and (b) of this 
section will be issued by the Farm Service Agency (FSA). Claims for 
compensation for the 1996-1997 crop season must be received by FSA on or 
before October 8, 1998. Claims for compensation for the 1997-1998 crop 
season must be received by FSA on or before October 25, 1999. The 
Administrator may extend the deadline, upon request in specific cases, 
when unusual and unforeseen circumstances occur which prevent or

[[Page 127]]

hinder a claimant from requesting compensation on or before these dates. 
To claim compensation, a grower, handler, or seed company must complete 
and submit to the local FSA county office the following documents:
    (1) Growers, handlers, and seed companies. A grower, handler, or 
seed company must submit a Karnal Bunt Compensation Claim form, provided 
by FSA. If the wheat was grown in an area that is not a regulated area, 
but for which an Emergency Action Notification (PPQ Form 523) (EAN) has 
been issued, the grower, handler, or seed company must submit a copy of 
the EAN. Growers, handlers, and seed companies must also submit a copy 
of the Karnal bunt certificate issued by APHIS that shows the Karnal 
bunt test results, and verification as to the actual (not estimated) 
weight of the wheat that tested positive (such as a copy of a facility 
weigh ticket, or other verification). For compensation claims for wheat 
seed, a grower or seed company must submit documentation showing that 
the wheat is either certified seed or was grown with the intention of 
producing certified seed (this documentation may include one or more of 
the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (2) Growers. In addition to the documents required in paragraph 
(c)(1) of this section, growers must submit a copy of the receipt for 
the final sale of the wheat, showing the total bushels sold and the 
total price received by the grower. Growers compensated under paragraph 
(b)(1) of this section (previously regulated areas) whose wheat was not 
tested prior to sale must submit documentation showing that the price 
paid to the grower was contingent on test results (such as a copy of the 
receipt for the final sale of the wheat or a copy of the contract the 
grower has for the wheat, if this information appears on those 
documents).
    (3) Handlers and seed companies. In addition to the documents 
required in paragraph (c)(1) of this section, handlers and seed 
companies must submit a copy of the receipt for the final sale of the 
wheat, showing the total bushels sold and the total price received by 
the handler or seed company. The handler or seed company must also 
submit documentation showing that the price paid or to be paid to the 
grower is not contingent on the test results (such as a copy of the 
receipt for the purchase of the wheat or a copy of the contract the 
handler or seed company has with the grower, if this information appears 
on those documents).

[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999]



Sec. 301.89-16  Compensation for grain storage facilities, flour millers, and National Survey participants for the 1996-1997 and 1997-1998 crop seasons.

    Owners of grain storage facilities, flour millers, and participants 
in the National Karnal Bunt Survey are eligible to receive compensation 
from the United States Department of Agriculture (USDA) for the 1996-
1997 and 1997-1998 crop seasons to mitigate losses or expenses incurred 
because of the Karnal bunt regulations and emergency actions, as 
follows:
    (a) Decontamination of grain storage facilities. Owners of grain 
storage facilities that are in States where the Secretary has declared 
an extraordinary emergency, and who have decontaminated their grain 
storage facilities pursuant to either an Emergency Action Notification 
(PPQ Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facilities, are eligible to be 
compensated, on a one time only basis for each facility for each covered 
crop year wheat, for up to 50 percent of the direct cost of 
decontamination. However, compensation will not exceed $20,000 per grain 
storage facility (as defined in Sec. 301.89-1). General clean-up, 
repair, and refurbishment costs are excluded from compensation. 
Compensation payments

[[Page 128]]

will be issued by APHIS. To claim compensation, the owner of the grain 
storage facility must submit to an inspector records demonstrating that 
decontamination was performed on all structures, conveyances, or 
materials ordered by APHIS to be decontaminated. The records must 
include a copy of the Emergency Action Notification or the letter from 
an inspector ordering decontamination, contracts with individuals or 
companies hired to perform the decontamination, receipts for equipment 
and materials purchased to perform the decontamination, time sheets for 
employees of the grain storage facility who performed activities 
connected to the decontamination, and any other documentation that helps 
show the cost to the owner and that decontamination has been completed. 
Claims for compensation for the 1996-1997 crop season must be received 
by APHIS on or before October 8, 1998. Claims for compensation for the 
1997-1998 crop season must be received by APHIS on or before October 25, 
1999. The Administrator may extend these deadlines upon written request 
in specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
these dates.
    (b) Flour millers. Flour millers who, in accordance with a 
compliance agreement with APHIS, heat treat millfeed that is required by 
APHIS to be heat treated are eligible to be compensated at the rate of 
$35.00 per short ton of millfeed. The amount of millfeed compensated 
will be calculated by multiplying the weight of wheat from the regulated 
area received by the miller by 25 percent (the average percent of 
millfeed derived from a short ton of grain). Compensation payments will 
be issued by APHIS. To claim compensation, the miller must submit to an 
inspector verification as to the actual (not estimated) weight of the 
wheat (such as a copy of a facility weigh ticket or a copy of the bill 
of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Flour millers must also submit 
verification that the millfeed was heat treated (such as a copy of the 
limited permit under which the wheat was moved to a treatment facility 
and a copy of the bill of lading accompanying that movement; or a copy 
of PPQ Form 700 (which includes certification of processing) signed by 
the inspector who monitors the mill). Claims for compensation for the 
1996-1997 crop season must be received by APHIS on or before October 8, 
1998. Claims for compensation for the 1997-1998 crop season must be 
received by APHIS on or before October 25, 1999. The Administrator may 
extend these deadlines upon written request in specific cases, when 
unusual and unforeseen circumstances occur which prevent or hinder a 
claimant from requesting compensation on or before these dates.
    (c) National Karnal Bunt Survey participants. If a grain storage 
facility participating in the National Karnal Bunt Survey tests positive 
for Karnal bunt, the facility will be regulated, and may be ordered 
decontaminated, pursuant to either an Emergency Action Notification (PPQ 
Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facility. If the Secretary has declared 
an extraordinary emergency in the State in which the grain storage 
facility is located, the owner will be eligible for compensation as 
follows:
    (1) Loss in value of positive wheat. The owner of the grain storage 
facility will be compensated for the loss in value of positive wheat. 
Compensation will equal the estimated market price for the relevant 
class of wheat minus the actual price received for the wheat. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) during the relevant time 
period for that facility, with adjustments for transportation and other 
handling costs. However, compensation will not exceed $1.80 per bushel 
under any circumstances. Compensation payments for loss in value of 
wheat will be issued by the Farm Service Agency (FSA). To claim 
compensation, the owner of the facility must submit to the local FSA 
office a Karnal Bunt Compensation Claim form, provided by FSA. The owner 
of the facility must also submit

[[Page 129]]

to FSA a copy of the Emergency Action Notification or letter from an 
inspector under which the facility is or was quarantined; verification 
as to the actual (not estimated) weight of the wheat (such as a copy of 
a facility weigh ticket or a copy of the bill of lading for the wheat, 
if the actual weight appears on those documents, or other verification); 
and a copy of the receipt for the final sale of the wheat, showing the 
total bushels sold and the total price received by the owner of the 
grain storage facility. Claims for compensation for the 1996-1997 crop 
season must be received by APHIS on or before October 8, 1998. Claims 
for compensation for the 1997-1998 crop season must be received by APHIS 
on or before October 25, 1999. The Administrator may extend these 
deadlines upon written request in specific cases, when unusual and 
unforeseen circumstances occur which prevent or hinder a claimant from 
requesting compensation on or before these dates.
    (2) Decontamination of grain storage facilities. The owner of the 
facility will be compensated on a one time only basis for each grain 
storage facility for each covered crop year wheat for the direct costs 
of decontamination of the facility at the same rate described under 
paragraph (a) of this section (up to 50 per cent of the direct costs of 
decontamination, not to exceed $20,000 per grain storage facility). 
Compensation payments for decontamination of grain storage facilities 
will be issued by APHIS, and claims for compensation must be submitted 
in accordance with the provisions in paragraph (a) of this section. 
Claims for compensation for the 1996-1997 crop season must be received 
by APHIS on or before October 8, 1998. Claims for compensation for the 
1997-1998 crop season must be received by APHIS on or before October 25, 
1999. The Administrator may extend these deadlines upon written request 
in specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
these dates.

[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999]

Subpart--Corn Cyst Nematode  [Reserved]



                     Subpart--European Larch Canker

    Source: 49 FR 18992, May 4, 1984, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.91  Quarantine and regulations; restrictions on interstate movement of regulated articles.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C 164a) and sections 105 and 107 of the Federal Plant Pest 
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------

    (a) Quarantines and regulations. The secretary of agriculture hereby 
quarantines the State of Maine in order to prevent the artificial spread 
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous 
plant disease of trees of the Larix and Pseudolarix species not hereto 
fore widely prevalent or distributed within and throughout the United 
States; and hereby establishes regulations governing the interstate 
movement of regulated articles specified in Sec. 301.91-2
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move interstate from any regulated 
area any regulated article except in accordance with the conditions 
prescribed in this subpart.



Sec. 301.91-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    (a) Certificate. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that such article is eligible for interstate 
movement in accordance with Sec. 301.91-5(a).
    (b) Compliance agreement. A written agreement between Plant 
Protection and Quarantine and a person engaged

[[Page 130]]

in the business of growing, handling, or moving regulated articles, 
wherein the person agrees to comply with the provisions of this subpart 
and any conditions imposed pursuant thereto.
    (c) Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service for Plant Protection and Quarantine, or 
any officer or employee of the Department to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    (d) European larch canker. The plant disease known as European larch 
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
    (e) Infestation. The presence of European larch canker or the 
existence of circumstances that make it reasonable to believe that the 
European larch canker is present.
    (f) Inspector. Any employee of Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator in 
accordance with law to enforce the provisions of the quarantines and 
regulations in this subpart.
    (g) Interstate. From any State into or through any other State.
    (h) Limited permit. A document which is issued for a regulated 
article by an inspector or by a person operating under a compliance 
agreement, and which represents that such regulated article is eligible 
for interstate movement in accordance with Sec. 301.91-5(b).
    (i) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved or 
caused to be moved by any means. ``Movement'' and ``move'' shall be 
construed accordingly.
    (j) Person. Any individual, partnership, corporation, company, 
society, association, or other organized group.
    (k) Plant Protection and Quarantine. The organizational unit within 
the Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Quarantine Act, the Federal Plant Pest Act, and related 
legislation, and quarantines and regulations promulgated thereunder.
    (l) Regulated area. Any State, or any portion thereof, listed in 
Sec. 301.91-3(c) or otherwise designated as a regulated area in 
accordance with Sec. 301.91-3(b).
    (m) Regulated article. Any article listed in Sec. 301.91-2(a) or 
otherwise designated as a regulated article in accordance with 
Sec. 301.91-2(b).
    (n) State. Each of the several States of the United States, the 
District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, 
the Virgin Islands of the United States and all other Territories and 
Possessions of the United States.



Sec. 301.91-2  Regulated articles.

    The following are regulated articles:
    (a) Logs, pulpwood, branches, twigs, plants, scion and other 
propagative material of the Larix or Pseudolarix spp. except seeds;
    (b) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
European larch canker and the person in possession thereof has actual 
notice that the product, article or means of conveyance is subject to 
the restrictions in the quarantine and regulations.



Sec. 301.91-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, the State, or any portion thereof, in which European 
larch canker has been found by an inspector or in which the Deputy 
Administrator has reason to believe that European larch canker is 
present, or any portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to a 
European larch canker infestation or its inseparability for quarantine 
enforcement purpose from localities in which European larch canker 
occurs. Less than an entire quarantined State will be designated as a 
regulated area only if the Deputy Administrator determines that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the

[[Page 131]]

intrastate movement of the regulated articles which are substantially 
the same as those which are imposed with respect to the interstate 
movement of such articles under this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artifical interstate 
spread of European larch canker.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such area. Written notice of such designaton shall 
be given to the owner or person in possession of such nonregulated area, 
and, thereafter, the interstate movement of any regulated article from 
such area shall be subject to the applicable provisions of this subpart. 
As soon as practicable, such area shall be added to the list in 
paragraph (c) of this section or such designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas:

                                  Maine

    Hancock County. The entire townships of Gouldsboro, Serrento, 
Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division, 
10th Southern Division, and 16th Middle Division.
    Knox County. The entire townships of Appleton, Camden, Cushing, 
Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston, 
St. George, Thomaston, Union, Warren, and Washington.
    Lincoln County. The entire townships of Alna, Boothbay Harbor, 
Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, 
Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.
    Waldo County. The entire townships of Lincolnville and Searsmont.
    Washington County. The entire townships of Addison, Baring, Beals, 
Calais City, Centerville, Charolotte, Cherryfield, Columbia, Columbia 
Falls, Cooper, Cutler, Debolis, Dennysville, East Machias, Eastport, 
Edmunds, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, 
Marion, Marshfield, Meddybemps, Milbridge, Northfield, Plantation 14, 
Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, Trescott, Whiting, 
Whitneyville, 18th Eastern Division, 18th Middle Division, and 19th 
Middle Division.

[49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50 
FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985]



Sec. 301.91-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.2
---------------------------------------------------------------------------

    2 Requirements under all other applicable Federal domestic 
plant quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State only if moved under the following 
conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.91-5 and 301.91-8 of this subpart; or
    (b) Without a certificate or limited permit;
    (1) If moved to a contiguous regulated area; or
    (2)(i) If moved directly through (moved without stopping except 
under normal traffic conditions such as traffic lights or stop signs) 
any regulated area in an enclosed vehicle or in an enclosed container on 
a vehicle to prevent the introduction of European larch canker;
    (ii) If the article originated outside of any regulated area; and
    (iii) If the point of origin of any article is clearly indicated by 
shipping documents and its identity has been maintained.



Sec. 301.91-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1)(i) Determines based on inspection of the premises of origin that 
the premises are free from European larch canker; or
    (ii) Determines that it has been grown, processed, stored, or 
handled in such a manner that the regulated article is free of European 
larch canker; and
    (2) Determines that it is to be moved in compliance with any 
additional

[[Page 132]]

emergency conditions necessary to prevent the spread of the European 
larch canker pursuant to section 105 of the Federal Plant Pest Act (7 
U.S.C. 150dd); 3 and
---------------------------------------------------------------------------

    3 Section 105 of the Federal Plant Pest Act (7 U.S.C. 
150dd) provides, among other things, that the Secretary of Agriculture 
may, whenever he deems it necessary as an emergency measure in order to 
prevent the dissemination of any plant pest new to or not theretofore 
known to be widely prevalent or distributed within and throughout the 
United States seize, quarantine, treat, apply other remedial measures 
to, destroy, or otherwise dispose of, in such manner as he deems 
appropriate, any product or article of any character whatsoever, or 
means or conveyance, which is moving into or through the United States 
or interstate, and which he has reason to believe is infested or 
infected by or contains any such plant pest.
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to such article.
    (b) A limited permit shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved to a specified destination for specified handling, 
utilization, or processing (such destination and other conditions to be 
specified on the limited permit), when, upon evaluation of all of the 
circumstances involved in each case, it is determined that such movement 
will not result in the spread of European larch canker because the 
disease will be destroyed by such specified handling, utilization, or 
processing;
    (2) Determines that it is to be moved in compliance with any 
additional emergency conditions necessary to prevent the spread of the 
European larch canker pursuant to section 105 of the Federal Plant Pest 
Act (7 U.S.C. 150dd)3; and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines and regulations applicable to such 
article.
    (c) Certificates and limited permits may be issued by any person 
engaged in the business of growing, handling, or moving regulated 
articles provided such person has entered into and is operating under a 
compliance agreement. Any such person may execute and issue a 
certificate or limited permit for the interstate movement of a regulated 
article if an inspector has previously made the determination that the 
article is eligible for a certificate in accordance with Sec. 301.91-
5(a) or is eligible for a limited permit in accordance with Sec. 301.91-
5(b).
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if such inspector determines 
that the holder thereof has not complied with any conditions under the 
regulations for the use of such document. The reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances permit. Any 
person whose certificate or limited permit has been withdrawn may appeal 
the decision in writing to the Deputy Administrator within ten (10) days 
after receiving the written notification of the withdrawal. The appeal 
shall state all of the facts and reasons upon which the person relies to 
show that the certificate or limited permit was wrongfully withdrawn. 
The Deputy Administrator shall grant or deny the appeal, in witing, 
stating the reasons for such decision, as promptly as circmstances 
permit. If there is a conflict as to any material fact, a hearing shall 
be held to resolve such conflict. Rules of Practice concerning such a 
hearing will be adopted by the Deputy Administrator.



Sec. 301.91-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this 
subpart.4 The compliance agreement shall be a written 
agreement between a person engaged in such a business and Plant 
Protection and Quarantine, wherein the person agrees to

[[Page 133]]

comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
---------------------------------------------------------------------------

    \4\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefor shall 
be confirmed in writing, as promptly as circumstances permit. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, to the Deputy Administrator within ten (10) days after 
receiving written notification of the cancellation. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for such decision, as promptly as circumstances permit. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict. Rules of Practice concerning such a hearing will 
be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.91-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.91-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement), request an inspector \5\ to take any 
necessary action under this subpart prior to movement of the regulated 
article.
---------------------------------------------------------------------------

    \5\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Such articles shall be assembled at such point and in such 
manner as the inspector designates as necessary to comply with the 
requirements of this subpart.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.91-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the containers containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; Provided, however, That 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping documents only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify such article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.91-9  Costs and charges.

    The services of the inspector shall be furnished without cost, 
except as provided in 7 CFR part 354. The U.S. Department of Agriculture 
will not be responsible for any costs or charges incident to inspections 
or compliance with the provisions of the quarantine and regulations in 
this subpart, other than for the services of the inspector.



                       Subpart--Oriental Fruit Fly

    Source: 58 FR 8521, Feb. 16, 1993, unless otherwise noted.

[[Page 134]]



Sec. 301.93  Restrictions on interstate movement of regulated articles.

    No person shall move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in section 10 of the Plant Quarantine 
Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal Plant Pest 
Act (7 U.S.C. 150dd, 150ff).
---------------------------------------------------------------------------



Sec. 301.93-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of Oriental fruit fly and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart.
    Core area. The 1 square mile area surrounding each property where 
Oriental fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of an Oriental fruit fly 
life cycle. Day degrees are the product of the following formula, with 
all temperatures measured in  deg.F:

[(Minimum Daily Temp + Maximum Daily Temp)/2]-54 deg.=Day Degrees

    Drip area. The area under the canopy of a plant.
    Infestation. The presence of the Oriental fruit fly or the existence 
of circumstances that make it reasonable to believe that the Oriental 
fruit fly is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person authorized by 
the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document, in which an inspector or person 
operating under a compliance agreement affirms that a specified 
regulated article is eligible for interstate movement in accordance with 
Sec. 301.93-5(b) of this subpart only to a specified destination and 
only in accordance with specified conditions.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation or transported, carried, or allowed to be moved, shipped, 
transported, or carried by any means.
    Oriental fruit fly. The insect known as Oriental fruit fly 
(Bactrocera dorsalis (Hendel)) in any stage of development.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.93-3(c) of this subpart.
    Regulated article. Any article listed in Sec. 301.93-2 of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec. 301.93-2(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.93-3(b) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]



Sec. 301.93-2  Regulated articles.

    The following are regulated articles:
    (a) The following fruits, nuts, vegetables, and berries:

    Akia (Wikstromeia phyllyraefolia)
    Alexander laurel (Calophyllum inophyllum)
    Apple (Malus sylvestris)
    Apricot (Prunus armeniaca)
    Avocado (Persea americana)
    Banana (Musa paradisiaca var. sapientum) (Musa x paradisiaca)
    Banana, dwarf (Musa nana)
    Barbados cherry (Malpighia glabra)
    Bell pepper (Capsicum annum)
    Brazil cherry (Eugenia dombeyi)
    Breadfruit (Artocarpus altilis)

[[Page 135]]

    Cactus (Cereus coerulescens)
    Caimitillo (Chrysophyllum oliviforme)
    Cashew (Anacardium occidentale)
    Cherimoya (Anonna Cherimola)
    Cherry, Catalina (Prunus ilicifolia)
    Cherry, Portuguese (P. lusitanica)
    Chile (Capsicum annum)
    Coffee, Arabian (Coffea arabica)
    Country gooseberry (Averrhoa carambola)
    Cucumber (Cucumis sativas)
    Custard apple (Annona reticulata)
    Date palm (Phoenix dactylifera)
    Dragon tree (Dracena draco)
    Eggfruit tree (Pouteria campechiana)
    Elengi tree (Mimusops elengi)
    Fig (Ficus carica)
    Gourka (Garcinia celebica)
    Granadilla, sweet (Passiflora ligularis)
    Grape (Vitis spp.)
    Grapefruit (Citrus paradisi)
    Guava (Psidium guajava), (P. littorale), (P. cattleianum)
    Imbu (Spondias tuberosa)
    Jackfruit (Artocarpus heterophyllus)
    Jerusalem cherry (Solanum pseudocapsicum)
    Kitembilla (Dovyalis hebecarpa)
    Kumquat (Fortunella japonica)
    Laurel (Calophyllum inophyllum)
    Lemon (Citrus limon)
    Lime, key or Mexican (Citrus aurantifolia)
    Lime, Persian (Citrus latifolia)
    Lime, sweet (Citrus limetioides)
    Longan (Euphoria longan)
    Loquat (Eriobotrya japonica)
    Lychee nut (Lychee chinensis)
    Malay apple (Eugenia malaccensis)
    Mammee apple (Mammea americana)
    Mandarin orange (Citrus reticulata) (tangerine)
    Mango (Mangifera indica)
    Mangosteen (Garcinia mangostana)
    Mock orange (Murraya exotica)
    Mulberry (Morus nigra)
    Myrtle, downy rose (Rhodomyrtus tomentosa)
    Natal plum (Crissa grandiflora)
    Nectarine (Prunus persica var. nectarina)
    Oleander, yellow (Thevetia peruviana)
    Orange, calamondin (Citrus reticulata x. fortunella)
    Orange, Chinese (Fortunella japonica)
    Orange, king (Citrus reticulata x. C. sinensis)
    Orange, sweet (Citrus sinensis)
    Orange, Unshu (Citrus reticulata var. Unshu)
    Oriental bush red pepper (Capsicum frutescens abbbreviatum)
    Otaheite apple (Spondias dulcis)
    Palm, syrup (Jubaea spectabilis)
    Papaya (Carica papaya)
    Passionflower (Passiflora edulis)
    Passionflower, softleaf (Passiflora mollissima)
    Passionfruit (Passiflora edulis) (yellow lilikoi)
    Peach (Prunus persica)
    Pear (Pyrus communis)
    Pepino (Solanum muricatum)
    Pepper, sweet (Capsicum frutescens var. grossum)
    Persimmon, Japanese (Diospyros kaki)
    Pineapple guava (Feijoa sellowiana)
    Plum (Prunus americana)
    Pomegranate (Punica granatum)
    Prickly pear (Opuntia megacantha) (Opuntia ficus indica)
    Prune (Prunus domestica)
    Pummelo (Citrus grandis)
    Quince (Cydonia oblonga)
    Rose apple (Eugenia jambos)
    Sandalwood (Santalum paniculatum)
    Sandalwood, white (Santalum album)
    Santol (Sandericum koetjape)
    Sapodilla (Manilkara zapota)
    Sapodilla, chiku (Manilkara zapota)
    Sapota, white (Casimiroa edulis)
    Seagrape (Coccoloba uvifera)
    Sour orange (Citrus aurantium)
    Soursop (Annona muricata)
    Star apple (Chryosophyllum cainito)
    Surinam cherry (Eugenia uniflora)
    Tomato (Lycopersicon esculentum)
    Tropical almond (Terminalia catappa) (Terminalia chebula)
    Velvet apple (Diospyros discolor)
    Walnut (Juglans hindsii)
    Walnut, English (Juglans regia)
    Wampi (Citrus lansium)
    West Indian cherry (Malpighia punicifolia)
    Ylang-Ylang (Cananga odorata)

    Any fruits, nuts, vegetables, or berries that are canned or dried or 
frozen below -17.8  deg.C. (0  deg.F.) are not regulated articles.
    (b) Soil within the drip area of plants that are producing or have 
produced the fruits, nuts, vegetables, or berries listed in paragraph 
(a) of this section.
    (c) Any other product, article, or means of conveyance not covered 
by paragraph (a) or (b) of this section that an inspector determines 
presents a risk of spread of the Oriental fruit fly and notifies the 
person in possession of it that the product, article, or means of 
conveyance is subject to the restrictions of this subpart.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]



Sec. 301.93-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which the 
Oriental fruit fly has been found by an inspector, in which the 
Administrator has reason to believe that the Oriental fruit fly is 
present, or that

[[Page 136]]

the Administrator considers necessary to regulate because of its 
proximity to the Oriental fruit fly or its inseparability for quarantine 
enforcement purposes from localities in which the Oriental fruit fly has 
been found. Less than an entire State will be designated as a 
quarantined area only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the Oriental fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section for listing 
quarantined areas. The Administrator will give written notice of this 
temporary designation to the owner or person in possession of the 
nonquarantined area; thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area will 
be added to the list in paragraph (c) of this section or the designation 
will be terminated by the Administrator or an inspector. The owner or 
person in possession of an area for which designation is terminated will 
be given notice of the termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                               California

    Los Angeles County. That portion of Los Angeles County in the Sun 
Valley area bounded by a line drawn as follows: Beginning at the 
intersection of Van Nuys Boulevard and Interstate Highway 210; then 
southeast along Interstate Highway 210 to La Tuna Canyon Road; then 
south along an imaginary line to the intersection of Allen Avenue and 
Mountain Drive; then southeast along Mountain Drive to Grandview Avenue; 
then southwest along Grandview Avenue to San Fernando Boulevard; then 
southeast along San Fernando Boulevard to State Highway 134; then west 
along State Highway 134 to Forest Lawn Drive; then southwest along 
Forest Lawn Drive to Barham Boulevard; then south along Barham Boulevard 
to Interstate Highway 101; then southeast along Interstate Highway 101 
to Mulholland Drive; then west along Mulholland Drive to Coldwater 
Canyon Avenue; then north along Coldwater Canyon Avenue to Ventura 
Boulevard; then northwest along Ventura Boulevard to Van Nuys Boulevard; 
then north and northeast along Van Nuys Boulevard to the point of 
beginning.

[58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62 
FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct. 
14, 1997; 63 FR 16878, Apr. 7, 1998; 64 FR 31964, June 15, 1999; 64 FR 
52214, Sept. 28, 1999; 64 FR 55812, Oct. 15, 1999]



Sec. 301.93-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area only if moved under the following conditions: \2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.93-5 and 301.93-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1) The regulated article originated outside of any quarantined area 
and is moved directly through (without stopping except for refueling, or 
for traffic conditions, such as traffic lights or stop signs) the 
quarantined area in an enclosed vehicle or is completely enclosed by a 
covering adequate to prevent access by Oriental fruit flies (such as 
canvas, plastic, or closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area.

[[Page 137]]

    (c) Without a certificate or limited permit, if the regulated 
article is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of Oriental fruit 
fly; and
    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container.

(Approved by the Office of Management and Budget under control number 
0579-0088)



Sec. 301.93-5  Issuance and cancellation of certificates and limited permits.

    (a) An inspector \3\ will issue a certificate for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \3\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories. 
Information concerning these offices may also be obtained from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) (i) The regulated article has been treated in accordance with 
Sec. 301.93-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, or treatment of 
the premises of origin in accordance with Sec. 301.93-10(c) of this 
subpart, the premises are free from Oriental fruit flies and the 
regulated article has not been exposed to Oriental fruit fly; or
    (iii) Based on inspection of the regulated article, it is free of 
Oriental fruit fly; and
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose, under 
section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd); \4\ to 
prevent the spread of the Oriental fruit fly; and
---------------------------------------------------------------------------

    \4\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd) 
provides that the Secretary of Agriculture may--under certain 
conditions--seize, quarantine, treat, destroy, or apply other remedial 
measures to articles that the Administrator has reason to believe are 
infested or infected by or contain plant pests.
---------------------------------------------------------------------------

    (3) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, utilization, or processing (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the 
Oriental fruit fly because life stages of the Oriental fruit fly will be 
destroyed by the specified handling, utilization, or processing.
    (2) The regulated article is to be moved interstate in compliance 
with any additional emergency conditions the Administrator may impose, 
under section 105 of the Federal Plant Pest Act (7 U.S.C. 150dd);\4\ to 
prevent the spread of the Oriental fruit fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person engaged in 
growing, handling, or moving regulated articles provided the person is 
operating under a compliance agreement. A person operating under a 
compliance agreement may execute a certificate for the interstate 
movement of a regulated article if an inspector has determined that the 
regulated article is otherwise eligible for a certificate in accordance 
with paragraph (a) of this section. A person operating under a 
compliance agreement may execute a limited permit for interstate 
movement of a regulated article when an inspector has determined that 
the regulated article is eligible for a limited permit in accordance 
with paragraph (b) of this section.

[[Page 138]]

    (d) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally or in writing, if the inspector 
determines that the holder of the certificate or limited permit has not 
complied with all conditions under this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal shall be confirmed in writing as 
promptly as circumstances allow. Any person whose certificate or limited 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within 10 days after receiving the written notification of 
the withdrawal. The appeal must state all of the facts and reasons upon 
which the person relies to show that the certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.93-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement to facilitate the 
interstate movement of regulated articles under this subpart.\5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Animal and 
Plant Health Inspection Service, which are listed in telephone 
directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled may appeal the decision, in writing, within 10 days after 
receiving written notification of the cancellation. The appeal must 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully canceled. As promptly as 
circumstances allow, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision. A hearing will be held to 
resolve any conflict as to any material fact. Rules of practice 
concerning a hearing shall be adopted by the Administrator.

[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.93-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.93-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector \6\ as far in advance of the desired 
interstate movement as possible (but no less than 48 hours before the 
desired interstate movement).
---------------------------------------------------------------------------

    \6\ See footnote 3 at Sec. 301.93-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.93-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during the interstate 
movement, must be attached to the outside of the container containing 
the regulated article, attached to the regulated article itself if not 
in a container, or attached to the consignee's copy of the accompanying 
waybill: Provided however, That the requirements of this section may be 
met by attaching the certificate or limited permit to the consignee's 
copy of the waybill only if the regulated article is

[[Page 139]]

sufficiently described on the certificate, limited permit, or waybill to 
identify the regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

(Approved by the Office of Management and Budget under control number 
0579-0088)



Sec. 301.93-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.



Sec. 301.93-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment manual to destroy the Oriental fruit fly are approved for use 
on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference. For the full identification of this 
standard, see Sec. 300.1 of this chapter, ``Materials incorporated by 
reference''. The following treatments can be used for bell pepper, 
citrus and grape, tomato, premises, and soil:
    (a) Fruits and vegetables \7\--(1) Bell Pepper--(i) Vapor Heat. Heat 
by saturated water vapor at 44.4  deg.C. (112  deg.F.) until approximate 
center of bell pepper reaches 44.4  deg.C (112  deg.F.). Maintain at 
44.4  deg.C. (112  deg.F.) for 8\3/4\ hours, then immediately cool.
---------------------------------------------------------------------------

    \7\ Some varieties of fruit may be injured by approved treatments. 
The USDA is not liable for damages caused by this quarantine. 
Commodities should be tested by the shipper to determine each 
commodity's tolerance before commercial shipments are attempted.
---------------------------------------------------------------------------

    (2) Citrus and grapes--(i) Fumigation plus refrigeration. Fumigate 
at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 
80%) with 32 g/m\3\ methyl bromide at 21  deg.C. (70  deg.F.) or above, 
minimum gas concentrations 25 g/m\3\ at \1/2\ hour, 18 g/m\3\ at 2 or 
2\1/2\ hours, 17 g/m\3\ at 3 hours. Fumigate for a minimum of 2 hours. 
Then, aerate fruit at least 2 hours before refrigeration (but begin 
refrigeration no more than 24 hours after fumigation is completed). 
Refrigerate based upon fumigation exposure time listed in the table 
below:

------------------------------------------------------------------------
                                              Refrigeration
    Fumigation exposure time    ----------------------------------------
                                   Days             Temperature
------------------------------------------------------------------------
2 hours........................        4  0.55-2.7  deg.C. (33-37
                                           deg.F.)
                                      11  3.33-8.3  deg.C. (38-47
                                           deg.F.)
2\1/2\ hours...................        4  1.11-4.44  deg.C. (34-40
                                           deg.F.)
                                       6  5.0-8.33  deg.C. (41-47
                                           deg.F.)
                                      10  8.88-13.33  deg.C. (48-56
                                           deg.F.)
3 hours........................        3  6.11-8.33  deg.C. (43-47
                                           deg.F.)
                                       6  9.88-13.33  deg.C. (48-56
                                           deg.F.)
------------------------------------------------------------------------


    (ii) Refrigeration plus fumigation. Refrigerate for 21 days at 0.55 
deg.C. (33  deg.F.) or below, then fumigate at normal atmospheric 
pressure (chamber or tarpaulin, load not to exceed 80%) with--
    (A) 48 g/m\3\ (3 lb/1000 ft\3\) methyl bromide for 2 hours at 4.5 
deg.C. (40-59  deg.F.), minimum gas concentration 44 g/m\3\ at \1/2\ 
hour, 36 g/m\3\ at 2 hours; or
    (B) 40 g/m\3\ (2\1/2\ lb/1000 ft\3\) methyl bromide for 2 hours at 
15.5-20.5  deg.C. (60-69  deg.F.), minimum gas concentration 36 g/m\3\ 
at \1/2\ hour, 28 g/m\3\ at 2 hours; or
    (C) 32 g/m\3\ (2 lb/1000 ft\3\) methyl bromide for 2 hours at 21-26 
deg.C. (70-79  deg.F.), minimum gas concentration 30 g/m\3\ at \1/2\ 
hour, 25 g/m\3\ at 2 hours.
    (3) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal 
atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 
32g/m\3\ (2 lb/1000 ft\3\) for 3\1/2\ hours at 21  deg.C. (70  deg.F.) 
or above, minimum gas concentration 26 g/m\3\ at \1/2\ hour, 14 g/m\3\ 
at 4 hours.
    (ii) Vapor heat. Heat by saturated water vapor at 44.4  deg.C. (112 
deg.F.) until approximate center of tomato reaches 44.4  deg.C. (112 
deg.F.). Maintain at 44.4  deg.C. (112  deg.F.) for 8\3/4\ hours, then 
immediately cool.
    (b) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with malathion bait 
spray. These treatments must take place at 6- to 10-day intervals, 
starting a sufficient time before harvest (but not less than 30 days 
before harvest) to allow for completion of egg and larvae development of 
the Oriental Fruit Fly. Determination of the time period must be based 
on the day degrees model for Oriental fruit

[[Page 140]]

fly. Once treatment has begun, it must continue through the harvest 
period. The malathion bait spray treatment must be applied by aircraft 
or ground equipment at a rate of 2.4 ounces of technical grade malathion 
and 9.6 ounces of protein hydrolysate per acre.
    (c) Soil. Soil within the drip area of plants which are producing or 
have produced the fruits, nuts, vegetables, and berries listed in 
Sec. 301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds 
active ingredient per acre to the soil within the drip area with 
sufficient water to wet the soil to at least a depth of \1/2\ inch. Both 
immersion and pour-on treatment procedures are also acceptable.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]



PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES--Table of Contents




                 Subpart--Hawaiian Fruits and Vegetables

                               Quarantine

Sec.
318.13  Notice of quarantine.
318.13a  Administrative instructions providing exemptions from specified 
          requirements.

                          Rules and Regulations

318.13-1  Definitions.
318.13-2  Regulated articles.
318.13-3  Conditions of movement.
318.13-4  Conditions governing the issuance of certificates or limited 
          permits.
318.13-4a    Administrative instructions authorizing the movement from 
          Hawaii of frozen fruits and vegetables.
318.13-4b    Administrative instructions prescribing methods of vapor-
          heat treatment of certain fruits and vegetables from Hawaii.
318.13-4c    Administrative instructions approving methyl bromide 
          fumigation as a condition for certification of tomatoes for 
          movement from Hawaii.
318.13-4d    Administrative instructions concerning the interstate 
          movement of avocados from Hawaii.
318.13-4e    Administrative instructions governing the movement of 
          litchis from Hawaii to other States.
318.13-4f    Administrative instructions prescribing methods for 
          irradiation treatment of certain fruits and vegetables from 
          Hawaii.
318.13-4g    Administrative instructions governing movement of avocados 
          from Hawaii to Alaska.
318.13-4h    Administrative instructions; conditions governing the 
          movement of the fruit of carambola from Hawaii.
318.13-4i  Administrative instructions; conditions governing the 
          movement of green bananas from Hawaii.
318.13-5  Application for inspection.
318.13-6  Container marking and identity.
318.13-7  Products as ships' stores or in the possession of passengers 
          or crew.
318.13-8  Articles and persons subject to inspection.
318.13-9  Inspection of means of conveyance.
318.13-10  Inspection of baggage, other personal effects, and cargo.
318.13-11  Disinfection of means of conveyance.
318.13-12  Posting of warning notice and distribution of baggage 
          declarations.
318.13-13  Movements by the Department of Agriculture.
318.13-14  Parcel post inspection.
318.13-15  Costs and charges.
318.13-16  Withdrawal of certificates, transit permits, limited permits, 
          or compliance agreements.
318.13-17  Transit of fruits and vegetables from Hawaii into or through 
          the continental United States.

                         Subpart--Sweetpotatoes

318.30  Notice of quarantine.
318.30a  Administrative instructions authorizing movement from Puerto 
          Rico of certain sweetpotatoes grown under specified 
          conditions.

    Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products

                               Quarantine

318.47  Notice of quarantine.
318.47a  Administrative instructions relating to Guam.

                          Rules and Regulations

318.47-1  Definitions.
318.47-2  Articles the movement of which is prohibited or regulated.
318.47-3  Conditions governing the issuance of certificates and permits.
318.47-4  Shipments by the Department of Agriculture.

    Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

                               Quarantine

318.58  Notice of quarantine.

                          Rules and Regulations

318.58-1  Definitions.

[[Page 141]]

318.58-2  Regulated articles.
318.58-3  Conditions of movement.
318.58-4  Issuance of certificates or limited permits.
318.58-4a    Administrative instructions authorizing the movement from 
          Puerto Rico of frozen fruits and vegetables.
318.58-5  Application for inspection.
318.58-6  Marking of containers.
318.58-7  Products as ships' stores or in the possession of passengers 
          and crew.
318.58-8  Articles and persons subject to inspection.
318.58-9  Inspection of means of conveyance.
318.58-10  Inspection of baggage, other personal effects, and cargo.
318.58-11  Disinfection of means of conveyance.
318.58-12  Transit of fruits and vegetables from Puerto Rico and the 
          Virgin Islands of the United States into or through the 
          continental United States.
318.58-13  Movements by the Department of Agriculture.
318.58-14  Parcel post inspection.
318.58-15  Costs and charges.
318.58-16  Cancellation of certificates, transit permits, or limited 
          permits.

    Subpart--Sand, Soil, or Earth, with Plants From Territories and 
                                Districts

318.60  Notice of quarantine.

                              Subpart--Guam

                               Quarantine

318.82  Notice of quarantine.

                               Regulations

318.82-1  Definitions.
318.82-2  Movement of regulated articles.
318.82-3  Costs.

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, 164a, and 
167; 7 CFR 2.22, 2.80, and 371.2(c).

    Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted.



                 Subpart--Hawaiian Fruits and Vegetables

                               Quarantine



Sec. 318.13  Notice of quarantine.

    (a) Pursuant to section 8 of the Plant Quarantine Act of August 20, 
1912, as amended (7 U.S.C. 161), and after public hearing, it has been 
determined that it is necessary to quarantine Hawaii to prevent the 
spread of dangerous plant diseases and insect infestations, including 
the Mediterranean fruit fly (Ceratitis capitata (Wied.)), the melon fly 
(Dacus cucurbitae Coq.), the oriental fruit fly (Dacus dorsalis Hendl.), 
green coffee scale (Coccus viridis (Green)), the bean pod borer (Maruca 
testulalis (Geyer)), the bean butterfly (Lampides boeticus (L.)), the 
Asiatic rice borer (Chilo suppressalis), the mango weevil (Sternochetus 
mangiferae (F.)), the Chinese rose beetle (Adoretus sinicus Burm.), and 
a cactus borer (Cactoblastis cactorum (Berg.)), which are new to or not 
widely prevalent or distributed within and throughout the United States, 
and Hawaii is therefore quarantined.
    (b) No fruits or vegetables, in the raw or unprocessed state; cut 
flowers; rice straw; mango seeds; or cactus plants or parts thereof 
shall be shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved by any person from Hawaii 
into or through the continental United States, Guam, Puerto Rico, or the 
Virgin Islands of the United States, in manner or method or under 
conditions other than those prescribed in the regulations hereinafter 
made or amendments thereto: Provided, That whenever the Administrator of 
the Animal and Plant Health Inspection Service shall find that existing 
conditions as to the pest risk involved in the movement of any of the 
articles to which the regulations supplemental hereto apply, make it 
safe to modify, by making less stringent, the restrictions contained in 
any of such regulations, he shall publish such finding in administrative 
instructions specifying the manner in which the restrictions shall be 
made less stringent, whereupon such modification shall become effective; 
or he may, when the public interest will permit, with respect to the 
movement of any of such articles to Guam, upon request in specific cases 
and notification to the person making the request, authorize their 
certification under conditions, specified in the certificate to carry 
out the purposes of this subpart, that are less stringent than those 
contained in the regulations: And provided, further, That no 
restrictions are placed hereby on the movement of cactus plants from 
Hawaii to St. Croix, Virgin

[[Page 142]]

Islands of the United States, or on the movement of coconuts from Hawaii 
into or through the continental United States, Guam, Puerto Rico, or the 
Virgin Islands of the United States.
    (c) This subpart leaves in full force and effect Sec. 318.30 which 
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States into or through any other State or certain 
Territories or Districts of the United States of all varieties of 
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and 
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto 
Rico, or the Virgin Islands of the United States into or through any 
other State or certain Territories or Districts of the United States of 
sand, soil, or earth about the roots of plants.
    (d) Regulations governing the movement of live plant pests 
designated in this section are contained in part 330 of this chapter.

[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 
FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990]



Sec. 318.13a  Administrative instructions providing exemptions from specified requirements.

    (a) The following fruits, vegetables, and other products may be 
moved from Hawaii into or through Guam without certification or other 
restriction under this subpart:
    (1) [Reserved]
    (2) Cut flowers, as defined in Sec. 318.13-1.
    (3) All fruits and vegetables designated in Sec. 318.13-2(b).
    (4) Beets, rutabagas, and turnips; when without tops.
    (b) [Reserved]

[33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55 
FR 38979, Sept. 24, 1990]

                          Rules and Regulations



Sec. 318.13-1  Definitions.

    For the purpose of the regulations in this subpart the following 
words, names, and terms shall be construed, respectively, to mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the Animal and Plant Health Inspection Service to whom 
authority has been or may be delegated to act in the Administrator's 
stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document signed by an inspector certifying that a 
particular ship, vessel, other surface craft, or aircraft, or any 
specified lot or shipment of fruits or vegetables or other plant 
materials, via baggage, parcel post, express, freight or other mode of 
transportation, has been inspected and found apparently free from 
articles the movement of which is prohibited by the quarantine and 
regulations in this subpart, and from the plant pests referred to in 
said quarantine; or that the lot or shipment is of such a nature that no 
danger of infestation or infection is involved; or that it has been 
treated in a manner to eliminate infestation. A certificate covering 
treated products must state the treatment applied.
    Commercial shipment. Shipment containing fruits and vegetables that 
an inspector identifies as having been produced for sale or distribution 
in mass markets. Such identification will be based on a variety of 
indicators, including, but not limited to: Quantity of produce, type of 
packaging, identification of grower and packing house on the packaging, 
and documents consigning the shipment to a wholesaler or retailer.
     Compliance agreement. Any agreement to comply with stipulated 
conditions as prescribed under Sec. 318.13-3(b), Sec. 318.13-4(b), or 
Sec. 318.13-4f of this subpart, executed by any person to facilitate the 
interstate movement of regulated articles under this subpart.
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Cut flowers. Any cut blooms, fresh foliage customarily used in the 
florist trade, and dried decorative plant material.
    Disinfection (disinfect and disinfected). The application to parts 
or all of a

[[Page 143]]

ship, vessel, other surface craft, or aircraft of a treatment that may 
be designated by the inspector as effective against such plant pests as 
may be present. (``Disinfect'' and ``disinfected'' shall be construed 
accordingly.)
    Fruits and vegetables. The more or less succulent portions of food 
plants, and parts thereof, in raw or unprocessed state, such as bananas, 
pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus, 
mangoes, etc.
    Inspector. An employee of Plant Protection and Quarantine, or a 
State plant regulatory official designated by the Administrator to 
inspect and certify to shippers and other interested parties, as to the 
condition of the products inspected. To be eligible for designation, a 
State plant regulatory official must have a bachelor's degree in the 
biological sciences, a minimum of 2 years' experience in State plant 
regulatory activities, and a minimum of 2 years' experience in 
recognizing and identifying plant pests known to occur within Hawaii. 
Six years' experience in State plant regulatory activities may be 
substituted for the degree requirement.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector or a person 
operating under a compliance agreement for the interstate movement of 
regulated articles to a specified destination for:
    (1) Consumption, limited utilization or processing, or treatment; or
    (2) Movement into or through the continental United States in 
conformity with a transit permit.
    Mango seeds. Seeds of the fruit of mango (Mangifera spp.), fresh or 
dried.
    Means of conveyance. For the purposes of Sec. 318.13-17 of this 
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or 
railcar.
    Moved (move and movement). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved, directly or 
indirectly, from Hawaii into or through the continental United States, 
Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands 
of the United States (or from or into or through other places as 
specified in this subpart). Local intrastate movement is in no way 
affected by the regulations in this subpart. (``Move'' and ``movement'' 
shall be construed accordingly.)
    Person. Any individual, corporation, company, society, association, 
or other organized group.
    Plant pests. The injurious insects and plant diseases referred to in 
Sec. 318.13, in any stage of development.
    Rice straw. Stems or straw of rice (Oryza sativa), when used as 
packing material or for other purposes.
    Sealed (sealable) container. A completely enclosed container 
designed for the storage and/or transportation of commercial air, sea, 
rail, or truck cargo, and constructed of metal or fiberglass, or other 
similarly sturdy and impenetrable material, providing an enclosure 
accessed through doors that are closed and secured with a lock or seal. 
Sealed (sealable) containers used for sea shipments are distinct and 
separable from the means of conveyance carrying them when arriving in 
and in transit through the continental United States. Sealed (sealable) 
containers used for air shipments are distinct and separable from the 
means of conveyance carrying them before any transloading in the 
continental United States. Sealed (sealable) containers used for air 
shipments after transloading in the continental United States or for 
overland shipments in the continental United States may either be 
distinct and separable from the means of conveyance carrying them, or be 
the means of conveyance itself.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.
    Transit permit. A written authorization issued by the Administrator 
for the movement of fruits and vegetables en route to a foreign 
destination that are otherwise prohibited movement by this subpart into 
or through the continental United States. Transit permits authorize one 
or more shipments over a designated period of time.

[[Page 144]]

    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.
    United States. The States, District of Columbia, Guam, Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands of the United 
States.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33 
FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 
1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391, 
Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991; 
58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 61 FR 5924, Feb. 
15, 1996; 62 FR 36974, July 10, 1997]



Sec. 318.13-2  Regulated articles.

    (a)(1) Prohibited movement. Fruits, vegetables, and other products 
specified in Sec. 318.13, and not eligible for inspection and 
certification under Sec. 318.13-4 or otherwise expressly authorized 
movement either in the regulations in this subpart or in administrative 
instructions issued by the Administrator of the Animal and Plant Health 
Inspection Service are prohibited movement.
    (2) Avocados which have been moved to Alaska in accordance with 
Sec. 318.13-4g are prohibited movement from Alaska into or through other 
places in the continental United States, Guam, the Northern Mariana 
Islands, Puerto Rico, and the Virgin Islands of the United States.
    (b) Regulated movement. The movement of the following fruits and 
vegetables from Hawaii is allowed throughout the year upon compliance 
with the regulations in this subpart:

    Aechmea bracteata (Sw.) Griseb, fruit-bearing panicles.
    Allium spp., such as chives, garlic, leek, onions, and shallot.
    Arrowhead (Sagittaria sagittifolia).
    Arrowroot (Maranta arundinacea).
    Artichoke, globe (Cynara scolymus).
    Artichoke, Jerusalem (Helianthus tuberosus).
    Asparagus (Asparagus officinalis).
    Bean sprouts, soy (Glycine hispida).
    Bean sprouts, mungo (Phaseolus aureus).
    Beets (Beta vulgaris).
    Broccoli (Brassica aleracea (Botrytis group)).
    Brussel sprouts (Brassica oleracera (Gemifera group)).
    Burdock, great (Arctium lappa, Lappa major, L. edulis).
    Butterbur (Petasites japonicus).
    Cabbage (Brassica oleracea).
    Cabbage, Chinese (Brassica pekinensis, B. chinensis).
    Carrot (Daucus carota satira).
    Cassava (Manihot sp.).
    Cauliflower (Brassica oleracea [Botrytis group]).
    Celery (Apium graveolens).
    Chinese spinach (Amaranthus gangeticus).
    Chrysanthemum, garland (Chrysanthemum coronarium).
    Coriander (Coriandrum sativum).
    Dandelion (Taraxacum officinale).
    Dropwort, water (Oenanthe stolonifera).
    Durian (Durio zibethinus)
    Foxheads or Nipple fruits (Solanum mamosum).
    Ginger bracts (Zingiber mioga).
    Ginger root (Zingiber officinale).
    Honewort (Cryptotaenia canadensis).
    Jesuit's nut (Trapa bicornis, T. natans).
    Kudzu (Pueraria thunbergiana).
    Lettuce (Lactuca sativa)
    Lily root (Nelumbium nucifera).
    Mahogany fruit (Swietenia mahagoni (L.) Jacq.).
    Mustard greens (Brassica spp).
    Mugwort (Artemisia vulgaris).
    Nightshade, Malabar (Bassella rubra).
    Parsley (Petroselinum hortense).
    Perilla (Perilla frutescens).
    Pineapples (Ananas sativa), smooth Cayenne.
    Pineapple hybrids 53-116, 59-433, D10, and D20 (Ananas Sativa).
    Potato (Solanum tuberosum).
    Radish greens (Raphanus sativus longipinnatus).
    Radish, oriental (Raphanus sativus longipinnatus).
    Rhubarb (Rheum rhaponticum).
    Sausage fruit (Kigelia pinnata (Jacq.)).
    Spinach (Spinacia oleracea).
    Sweet corn (Zea mays).
    Taro root, shoots and stalks (Colocasia antiqorum esculentum).
    Turnips (Brassica rapa).
    Watercress (Nasturtium officinale).
    Waternut (waterchestnut) (Eleocharis dulcis (E. tuberosa) (Scirpus 
tuberosus)).
    Wood rose (Ipomoea tuberosa L.).
    Yam bean root (Pachyrhizus erosus).
    Yams Dioscorea (spp.).


Provided, That additions of other fruits and vegetables may be made to 
the foregoing list of regulated articles by the Administrator of the 
Animal and Plant Health Inspection Service when he determines that such 
fruits or vegetables, either as ordinarily packed and shipped or after 
treatment, do not involve risk of spreading any of the plant

[[Page 145]]

pests designated in the foregoing quarantine, and when such findings 
have been made known in administrative instructions of the Deputy 
Administrator of the Plant Protection and Quarantine Programs.

[24 FR 10777, Dec. 29, 1959, as amended at 27 FR 8345, Aug. 22, 1962; 27 
FR 8907, Sept. 7, 1962; 30 FR 5619, Apr. 21, 1965; 33 FR 14621, Oct. 1, 
1968; 34 FR 4879, Mar. 6, 1969; 36 FR 24917, Dec. 24, 1971; 44 FR 10701, 
Feb. 23, 1979; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 55 
FR 38979, Sept. 24, 1990; 59 FR 66641, Dec. 28, 1994; 63 FR 65648, Nov. 
30, 1998]



Sec. 318.13-3  Conditions of movement.

    (a) To any destination. Any regulated articles may be moved 
interstate from Hawaii in accordance with this subpart to any 
destination if:
    (1) The movement is authorized by a valid certificate issued in 
accordance with Sec. 318.13-4 (a) or (b) and the movement complies with 
the conditions of any applicable compliance agreement made under 
Sec. 318.13-4(d), or
    (2) The movement is exempted from certificates or limited permit 
requirements by administrative instructions in this subpart.
    (b)(1) To restricted destinations. Smooth Cayenne pineapples; fresh 
fruit cocktail; inflight baskets of fruit; and cut flowers as defined in 
Sec. 318.13-1 (except cut blooms of gardenia, mauna loa, and jade vine, 
and leis thereof) may be moved interstate from Hawaii under limited 
permit, to a destination specified in the permit, directly from an 
establishment operated in accordance with the terms of a compliance 
agreement executed by the operator of the establishment, if the articles 
have not been exposed to infestation and they are not accompanied by any 
articles prohibited interstate movement under this subpart.
    (2) Avocados may be moved interstate from Hawaii to Alaska if the 
provisions of Sec. 318.13-4g are met, and if they are accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c).
    (3) Untreated fruits and vegetables from Hawaii may be moved 
interstate for irradiation treatment on the mainland United States if 
the provisions of Sec. 318.13-4f are met and if the fruits and 
vegetables are accompanied by a limited permit issued by an inspector in 
accordance with Sec. 318.13-4(c). The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in compliance with the provisions of this subpart.
    (c) To a foreign destination after transiting the continental United 
States. Fruits and vegetables from Hawaii otherwise prohibited movement 
from the State of Hawaii into or through the continental United States 
by this subpart may transit the continental United States en route to a 
foreign destination when moved in accordance with Sec. 318.13-17 of this 
subpart.
    (d) Segregation of certified articles. Articles certified after 
treatment in accordance with Sec. 318.13-4(b), taken aboard any ship, 
vessel, other surface craft, or aircraft in Hawaii must be segregated 
and protected in a manner as required by the inspector.
    (e) Attachment of certificates and limited permits. Except as 
otherwise provided for certain air cargo and containerized cargo on 
ships moved in accordance with Sec. 318.13-10, each box, bale, crate, or 
other container of regulated articles moved under certificate or limited 
permit shall have the certificate or limited permit attached to the 
outside of the container: Provided, That if a certificate or limited 
permit is issued for a shipment of more than one container of for bulk 
products, the certificate or limited permit shall be attached to or 
stamped on the accompanying waybill, manifest, or bill of lading.

[33 FR 14621, Oct. 1, 1968, as amended at 52 FR 8864, Mar. 20, 1987; 54 
FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 
11, 1993; 59 FR 66641, Dec. 28, 1994; 62 FR 36974, July 10, 1997]



Sec. 318.13-4  Conditions governing the issuance of certificates or limited permits.

    Certificates or limited permits may be issued for the movement of 
articles allowed movement in accordance with the regulations in this 
subpart under the following conditions:
    (a) Certification on basis of inspection or nature of lot involved. 
Fruits and vegetables designated in Sec. 318.13-2(b) may be certified 
when they have been

[[Page 146]]

inspected by an inspector and found apparently free from infestation and 
infection, or without such inspection when the inspector determines that 
the lot for shipment is of such a nature that no danger of infestation 
or infection is involved.
    (b) Certification on basis of treatment. Fruits, vegetables, and 
other products designated in Sec. 318.13, which are not listed in 
Sec. 318.13-2(b) and for which treatments may be approved by the 
Administrator of the Animal and Plant Health Inspection Service, may be 
certified if such treatments have been applied under the observation of 
an inspector in accordance with administratively approved procedure and 
if the articles were handled after such treatment in accordance with 
conditions prescribed in a compliance agreement executed by the 
applicant for the certificate or were handled after such treatment under 
such supervision of an inspector as the inspector may require. Any 
treatment that may be approved must be applied at the expense of the 
shipper, owner, or person in charge of such articles. The Department of 
Agriculture or its inspector will not be responsible for loss or damage 
resulting from any treatment prescribed or supervised.
    (c) Limited permits. (1) Limited permits may be issued by an 
inspector for the movement of noncertified regulated articles designated 
in Sec. 318.13-3(b) of this subpart.
    (2) Limited permits may be issued by an inspector for the movement 
of fruits and vegetables otherwise prohibited movement under this 
subpart, if the articles are to be moved in accordance with Sec. 318.13-
17 of this subpart.
    (3) Except when the regulations specify an inspector must issue the 
limited permit, limited permits may be issued by a person operating 
under a compliance agreement.
    (d) Compliance agreements. As a condition of issuance of a limited 
permit under paragraph (c)(3) of this section, or a certificate under 
paragraph (b) of this section for the movement of regulated articles for 
which a compliance agreement is required, the person applying for the 
permit or certificate must sign a compliance agreement stipulating that 
he will use all such permits or certificates issued to him in accordance 
with the provisions thereof and of the compliance agreement; will 
maintain at his establishment such safeguards against the establishment 
and spread of infestation and infection and comply with such conditions 
as to the maintenance of identity, handling (including post treatment 
handling), and interstate movement of regulated articles under such 
permits or certificates and the cleaning and treatment of means of 
conveyance and containers used in such movement of the articles, as may 
be required by the inspector in each specific case to prevent the spread 
of infestation or infection; and will allow inspectors to inspect the 
establishment and operations thereof.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 52 
FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 57 FR 31307, July 
15, 1992; 58 FR 7959, Feb. 11, 1993; 59 FR 48992, Sept. 26, 1994; 59 FR 
66641, Dec. 28, 1994]



Sec. 318.13-4a  Administrative instructions authorizing the movement from Hawaii of frozen fruits and vegetables.

    (a) The type of treatment designated in this part as freezing shall 
be one of the commercially acceptable methods that involves initial 
freezing at subzero temperatures and subsequent storage at not higher 
than 0 deg. F., with a storage tolerance of plus 20 deg. F. Such 
treatments are commonly known as quick freezing, sharp freezing, frozen-
pack, or cold-pack. Any equivalent freezing method is also included in 
this designation.
    (b) The Administrator of the Animal and Plant Health Inspection 
Service, pursuant to the authority contained in Secs. 318.13-2(b) and 
318.13-4(b), hereby approves the process of freezing as a treatment for 
all fruits and vegetables described in Sec. 318.13, except as otherwise 
provided in paragraph (d) of this section. Such frozen fruits and 
vegetables may be certified for movement from Hawaii into or through any 
other Territory, State, or District of the United States. \1\ 
---------------------------------------------------------------------------

    \1\ Applications for certificates to move frozen fruits and 
vegetables from Hawaii under this subpart may be made to Plant 
Protection and Quarantine Programs, P.O. Box 9067, Honolulu, Hawaii 
96820.

---------------------------------------------------------------------------

[[Page 147]]

    (c) The inspector in Hawaii shall determine that such fruits and 
vegetables are in a satisfactory frozen state before issuing a 
certificate. The inspector on the mainland will release the shipment on 
the basis of the certificate issued in Hawaii.
    (d) The movement from Hawaii of frozen fruits and vegetables is not 
authorized when such fruits and vegetables are subject to attack, in the 
area of origin, by plant pests that may not, in the judgment of the 
Administrator of the Animal and Plant Health Inspection Service, be 
destroyed by freezing.
    (e) Freezing of fruits and vegetables as authorized in this section 
is considered necessary for the elimination of pest risk, and no 
liability shall attach to the United States Department of Agriculture or 
to any officer or representative of that Department in the event of 
injury resulting to fruits or vegetables offered for movement in 
accordance with the instructions of this section.

[24 FR 10777, Dec. 29, 1959, as amended at 55 FR 38979, Sept. 24, 1990]



Sec. 318.13-4b  Administrative instructions prescribing methods of vapor-heat treatment of certain fruits and vegetables from Hawaii.

    (a) Approved vapor-heat methods of treatment. (1) Approved vapor-
heat treatment, in accordance with the following procedure, is hereby 
designated as an administratively approved procedure that meets the 
requirements for the certification, in accordance with Sec. 318.13-4(b), 
of papayas, bell peppers, eggplants, pineapples (other than smooth 
Cayenne), Italian squash, and tomatoes for movement from Hawaii:
    (i) In the approved vapor-heat treatment the fruits and vegetables 
are heated by saturated vapor at 110 deg. F. which in condensing on the 
fruits and vegetables gives up its latent heat. This latent heat is 
essential in assuring mortality of eggs and larvae of the oriental fruit 
fly, the Mediterranean fruit fly and the melon fly, and in raising the 
temperature of the fruits and vegetables evenly and quickly so as to 
prevent damage to the treated products. In applying the treatment the 
saturated vapor is accompanied by a fine water mist and air admixture.
    (ii) The fruits and vegetables are cooled immediately after 
treatment and no wax or paraffin, either dry or in solution, may be used 
until after the treatment has been completed. Vapor-heat treatments are 
approved only if the vapor conditions within the heat treating room, the 
manner of stacking the boxes containing the fruits and vegetables in the 
room, and all other conditions affecting the efficacy of the treatment 
are satisfactory to the supervising inspector, to assure mortality of 
eggs and larvae of the oriental fruit fly, the Mediterranean fruit fly, 
and the melon fly.
    (iii) In applying this treatment, in accordance with these 
principles, the temperature of the fruits and vegetables shall be raised 
to 110 deg. F., at the approximate center of the fruits and vegetables, 
within a period designated by the inspector, and shall be held at that 
level during the following 8\3/4\ hours.
    (2) Approved vapor-heat treatment, in accordance with the following 
procedure, is hereby designated as an alternate administratively 
approved procedure that meets the requirements for the certification, in 
accordance with Sec. 318.13-4(b), of papayas for movement from Hawaii:
    (i) In the approved vapor-heat ``quick run-up'' treatment the 
papayas are heated by saturated vapor until the temperature at the 
approximate center of the fruit reaches a minimum of 117 deg. F. The 
cooling and other conditions prescribed in paragraph (a)(1)(ii) of this 
section apply.
    (ii) The conditioning of the papayas preparatory to the treatment, 
as provided in paragraph (e) of this section, shall be completed within 
a period designated by the inspector.
    (3) The treatments provided for in paragraphs (a) (1) and (2) of 
this section must be conducted in a heat-treating room approved by the 
Animal and Plant Health Inspection Service and must be conducted under 
the supervision of an inspector of that Animal and Plant Health 
Inspection Service, who at all times shall have access to

[[Page 148]]

the fruits and vegetables while they are undergoing treatment.
    (4) The Animal and Plant Health Inspection Service will approve only 
those rooms which are properly constructed and adequately equipped to 
handle and treat the fruit or vegetables, at locations acceptable to the 
inspector in areas where required supervision can be furnished. 
Hereafter no treating plant will be approved until it is equipped with a 
self-recording temperature and humidity indicator acceptable to the 
inspector.
    (b) Subsequent handling. All handling in Hawaii subsequent to 
treatment of fruits and vegetables intended for shipment elsewhere in 
the United States must be carried out to meet requirements of and under 
the supervision of the inspector.
    (c) Costs. All costs of treatment and prescribed post-treatment 
safeguards, other than the services of the supervising inspector during 
regularly assigned hours of duty and at the usual place of duty, shall, 
as required by Sec. 318.13-4(b), be borne by the owner of the fruits or 
vegetables, or his representative.
    (d) Department not responsible for damage. In the tests and 
experiments so far conducted, fruits and vegetables (other than 
eggplants) have not been injured and the results following treatment 
have been successful. It is however, emphasized that inexactness and 
carelessness in using the approved method of treatment may result in 
injury to the fruit and vegtables treated. In approving this treatment 
the U.S. Department of Agriculture does not accept responsibility for 
fruit or vegetable injury.
    (e) Conditioning. (1) The treatments set forth in paragraph (a) of 
this section are in addition to any other procedure or practice that may 
be found by the shipper to be desirable to condition or otherwise handle 
fruits or vegetables that may be offered for treatment.
    (2) Eggplants require conditioning before they will tolerate the 
approved vapor-heat treatment. Even when conditioned, darkening of their 
seeds usually occurs. In tests of eggplant tolerance to vapor-heat 
treatment, 6 to 8 hours conditioning at 110 deg. F. and approximately 40 
percent relative humidity before the prescribed 8\3/4\-hour holding 
period has been found effective. This conditioning procedure or any 
other that the shipper has developed and found satisfactory may be used 
for eggplants at the shipper's risk.
    (3) Papayas require conditioning before they will tolerate the 
approved vapor-heat ``quick run-up'' treatment and even then some injury 
may result. Any conditioning that the shipper has developed and found 
satisfactory may be used with the ``quick run-up'' treatment for papayas 
at the shipper's risk.

[24 FR 10777, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985, 
and further amended at 55 FR 38979, Sept. 24, 1990]



Sec. 318.13-4c  Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii.

    The Administrator of the Animal and Plant Health Inspection Service 
hereby approves methyl bromide fumigation, applied in accordance with 
the provisions of this section, as a treatment for tomatoes from Hawaii. 
Tomatoes treated and handled as provided in this section may be 
certified for movement from Hawaii to other parts of the United States.
    (a) Approved fumigation. (1) The approved fumigation shall consist 
of fumigation with methyl bromide at normal atmospheric pressure, in a 
fumigation chamber which has been approved for that purpose by the 
Animal and Plant Health Inspection Service. The dosage shall be applied 
at the rate of 2 pounds per 1,000 cubic feet for 3\1/2\ hours at 70  
deg.F. or above.
    (2) Tomatoes to be fumigated may be individually wrapped in gas-
permeable tissue paper and packed in standard slatted tomato lugs or 
containers similarly vented. The fumigation chamber shall not be loaded 
to more than two-thirds of its capacity. The 3\1/2\-hour exposure period 
shall begin when all the fumigant has been introduced into the chamber 
and volatilized. Good circulation above and below the load, and between 
individual containers, shall be provided as soon as the tomatoes are

[[Page 149]]

loaded in the chamber and shall continue during the full period of 
fumigation and until the tomatoes have been removed to a well-ventilated 
location.
    (b) Supervision of treatments and subsequent handling. The treatment 
approved in this section and the subsequent handling of the tomatoes so 
treated must be under the supervision of a plant quarantine inspector of 
the Animal and Plant Health Inspection Service. Such treated tomatoes 
must be safeguarded against reinfestation during the period prior to 
movement from Hawaii in a manner satisfactory to the inspector. 
Certification of tomatoes for such movement will be made only upon 
compliance with the prescribed treatment and posttreatment safeguards.
    (c) Costs. All costs of the treatments and prescribed posttreatment 
safeguards provided for in this section, other than the services of the 
supervising inspector during regularly assigned hours of duty and at the 
usual place of duty, shall, as required by Sec. 318.13-4(b), be borne by 
the owner of the tomatoes, or his representative.
    (d) Department not responsible for damage. (1) This treatment is 
recognized as one which may be marginal as to varietal tolerance of 
tomatoes and the owner or shipper is warned of possible injury. The 
Department of Agriculture and its inspectors assume no responsibility 
for any loss or damage resulting from any treatment prescribed or 
supervised.
    (2) In test fumigations the following varieties of tomatoes 
indicated tolerance to the prescribed treatment when harvested early in 
the season and in the mature stage after some color development: Big 
Boy, Bounty, Break O Day, Burpee Hybrid, Earliana, Hawaii, Homestead, J. 
Moran, Kalohi, Kaulaii, Lanai, Marglobe, Maui, Niihau, N-46, Oahu, 
Pearson, Pritchard, Rutgers, San Malzano, Step 274, Step 278, Step 280, 
Step 281, Step 305, and Step 314. Varieties showing poor tolerance were 
Desert Pride, Kolea C. Manalucie, and Pennheart.

[27 FR 1551, Feb. 20, 1962, as amended at 36 FR 24917, Dec. 24, 1971. 
Redesignated at 50 FR 9788, Mar. 12, 1985, and further amended at 55 FR 
38979, Sept. 24, 1990]



Sec. 318.13-4d  Administrative instructions concerning the interstate movement of avocados from Hawaii.

    (a) Subject to the requirements of Secs. 318.13-3 and 318.13-4 and 
all other applicable provisions of this subpart, avocados may be moved 
interstate from Hawaii only if they are treated under the supervision of 
an inspector with a treatment authorized by the Administrator for the 
following pests: the Mediterranean fruit fly (Ceratitis capitata), the 
melon fly (Dacus cucurbitae), and the Oriental fruit fly (Bactrocera 
dorsalis).
    (b) Treatments authorized by the Administrator are listed in the 
Plant Protection and Quarantine Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter.

[61 FR 5924, Feb. 15, 1996]



Sec. 318.13-4e  Administrative instructions governing the movement of litchis from Hawaii to other States.

    (a) Litchis may be moved interstate from Hawaii only in accordance 
with this section or Sec. 318.13-4f and all other applicable provisions 
of this part.
    (b) To be eligible for interstate movement under this section, 
litchi must be inspected and found free of the litchi fruit moth 
(Cryptophlebia spp.) and other plant pests by an inspector and then 
treated for fruit flies under the supervision of an inspector with a 
treatment listed in the Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter.
    (c) Litchi from Hawaii may not be moved interstate into Florida. All 
cartons in which litchi from Hawaii are packed must be stamped ``Not for 
importation into or distribution in FL.''

[62 FR 36974, July 10, 1997]



Sec. 318.13-4f  Administrative instructions prescribing methods for irradiation treatment of certain fruits and vegetables from Hawaii.

    (a) Approved irradiation treatment. Irradiation, carried out in 
accordance with the provisions of this section, is approved as a 
treatment for the following fruits and vegetables: Abiu, atemoya, 
carambola, litchi, longan, papaya, rambutan, and sapodilla.

[[Page 150]]

    (b) Conditions of movement. Fruits and vegetables from Hawaii may be 
authorized for movement in accordance with this section only if the 
following conditions are met:
    (1) Location. The irradiation treatment must be carried out at an 
approved facility in Hawaii or on the mainland United States. Fruits and 
vegetables authorized under this section for treatment on the mainland 
may be treated in any State on the mainland United States except 
Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, Nevada, New Mexico, North Carolina, South Carolina, 
Tennessee, Texas, or Virginia. Prior to treatment, the fruits and 
vegetables may not move into or through Alabama, Arizona, California, 
Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, 
North Carolina, South Carolina, Tennessee, Texas, or Virginia, except 
that movement is allowed through Dallas/Fort Worth, Texas, as an 
authorized stop for air cargo, or as a transloading location for 
shipments that arrive by air but that are subsequently transloaded into 
trucks for overland movement from Dallas/Fort Worth into an authorized 
State by the shortest route.
    (2) Approved facility. The irradiation treatment facility and 
treatment protocol must be approved by the Animal and Plant Health 
Inspection Service. In order to be approved, a facility must:
    (i) Be capable of administering a minimum absorbed ionizing 
radiation dose of 250 Gray (25 krad) to the fruits and 
vegetables;2
---------------------------------------------------------------------------

    \2\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (ii) Be constructed so as to provide physically separate locations 
for treated and untreated fruits and vegetables, except that fruits and 
vegetables traveling by conveyor directly into the irradiation chamber 
may pass through an area that would otherwise be separated. The 
locations must be separated by a permanent physical barrier such as a 
wall or chain link fence six or more feet high to prevent transfer of 
cartons. Untreated fruits and vegetables shipped to the mainland United 
States from Hawaii in accordance with this section may not be packaged 
for shipment in a carton with treated fruits and vegetables;
    (iii) Complete a compliance agreement with the Animal and Plant 
Health Inspection Service as provided in Sec. 318.13-4(d) of this 
subpart; and
    (iv) Be certified by Plant Protection and Quarantine for initial use 
and annually for subsequent use. Recertification is required in the 
event that an increase or decrease in radioisotope or a major 
modification to equipment that affects the delivered dose. 
Recertification may be required in cases where a significant variance in 
dose delivery is indicated.
    (3) Treatment monitoring. Treatment must be carried out under the 
monitoring of an inspector. This monitoring must include inspection of 
treatment records and unannounced inspectional visits to the facility by 
an inspector. Facilities that carry out continual irradiation operations 
must notify an inspector at least 24 hours before the date of 
operations. Facilities that carry out periodic irradiation operations 
must notify an inspector of scheduled operations at least 24 hours 
before scheduled operations.\3\
---------------------------------------------------------------------------

    \3\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (4) Packaging. (i) Fruits and vegetables that are treated in Hawaii 
must be packaged in the following manner:
    (A) The cartons must have no openings that will allow the entry of 
fruit flies and must be sealed with seals that will visually indicate if 
the cartons have been opened. They may be constructed of any material 
that prevents the entry of fruit flies and prevents oviposition by fruit 
flies into the fruit in the carton.4
---------------------------------------------------------------------------

    \4\ If there is a question as to the adequacy of a carton, send a 
request for approval of the carton, together with a sample carton, to 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit 
140, Riverdale, Maryland 20737-1236.

---------------------------------------------------------------------------

[[Page 151]]

    (B) The pallet-load of cartons must be wrapped before it leaves the 
irradiation facility in one of the following ways:
    (1) With polyethylene sheet wrap;
    (2) With net wrapping; or
    (3) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (C) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of packing 
and treatment.
    (ii) Cartons of untreated fruits and vegetables that are moving to 
the mainland United States for treatment must be shipped in shipping 
containers sealed prior to interstate movement with seals that will 
visually indicate if the shipping containers have been opened.
    (iii) Litchi and longan from Hawaii may not be moved interstate into 
Florida. All cartons in which litchi or longan are packed must be 
stamped ``Not for importation into or distribution in FL.''
    (5) Dosage. The fruits and vegetables must receive a minimum 
absorbed ionizing radiation dose of 250 Gray (25 krad).5
---------------------------------------------------------------------------

    \5\ See footnote 2.
---------------------------------------------------------------------------

    (6) Dosimetry systems. (i) Dosimetry must demonstrate that the 
absorbed dose, including areas of minimum and maximum dose, is mapped, 
controlled, and recorded.
    (ii) Absorbed dose must be measured using a dosimeter that can 
accurately measure an absorbed dose of 250 Gray (25 krad).
    (iii) The number and placement of dosimeters used must be in 
accordance with American Society for Testing and Materials (ASTM) 
standards.6
---------------------------------------------------------------------------

    \6\ Designation E 1261, ``Standard Guide for Selection and 
Calibration of Dosimetry Systems for Radiation Processing,'' American 
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------

    (7)(i) Certification on basis of treatment. A certificate shall be 
issued by an inspector for the movement of fruits and vegetables from 
Hawaii that have been treated and handled in Hawaii in accordance with 
this section. To be certified for interstate movement under this 
section, litchi from Hawaii must be inspected in Hawaii and found free 
of the litchi fruit moth (Cryptophlebia spp.) and other plant pests by 
an inspector before undergoing irradiation treatment in Hawaii for fruit 
flies.
    (ii) Limited permit. A limited permit shall be issued by an 
inspector for the interstate movement of untreated fruits and vegetables 
from Hawaii for treatment on the mainland United States in accordance 
with this section. To be eligible for a limited permit under this 
section, untreated litchi from Hawaii must be inspected in Hawaii and 
found free of the litchi fruit moth (Cryptophlebia spp.) and other plant 
pests by an inspector.
    (8) Records. Records or invoices for each treated lot must be made 
available for inspection by an inspector during normal business hours 
(8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays). An 
irradiation processor must maintain records as specified in this section 
for a period of time that exceeds the shelf life of the irradiated food 
product by 1 year, and must make these records available for inspection 
by an inspector. These records must include the lot identification, 
scheduled process, evidence of compliance with the scheduled process, 
ionizing energy source, source calibration, dosimetry, dose distribution 
in the product, and the date of irradiation.
    (c) Request for approval and inspection of facility. Persons 
requesting approval of an irradiation treatment facility and treatment 
protocol must submit the request for approval in writing to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. 
Before the Administrator determines whether an irradiation facility is 
eligible for approval, an inspector will make a personal inspection of 
the facility to determine whether it complies with the standards of 
paragraph (b)(2) of this section.
    (d) Denial and withdrawal of approval. (1) The Administrator will 
withdraw the approval of any irradiation treatment facility when the 
irradiation processor requests in writing the withdrawal of approval.

[[Page 152]]

    (2) The Administrator will deny or withdraw approval of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying approval, the Administrator will 
inform the irradiation processor in writing of the reasons for the 
proposed action and provide the irradiation processor with an 
opportunity to respond. The Administrator will give the irradiation 
processor an opportunity for a hearing regarding any dispute of a 
material fact, in accordance with rules of practice that will be adopted 
for the proceeding. However, the Administrator will suspend approval 
pending final determination in the proceeding, if he or she determines 
that suspension is necessary to prevent the spread of any dangerous 
insect infestation. The suspension will be effective upon oral or 
written notification, whichever is earlier, to the irradiation 
processor. In the event of oral notification, written confirmation will 
be given to the irradiation processor within 10 days of the oral 
notification. The suspension will continue in effect pending completion 
of the proceeding and any judicial review of the proceeding.
    (e) Department not responsible for damage. This treatment is 
approved to assure quarantine security against the Trifly complex. From 
the literature available, the fruits and vegetables authorized for 
treatment under this section are believed tolerant to the treatment; 
however, the facility operator and shipper are responsible for 
determination of tolerance. The Department of Agriculture and its 
inspectors assume no responsibility for any loss or damage resulting 
from any treatment prescribed or supervised. Additionally, the Nuclear 
Regulatory Commission is responsible for ensuring that irradiation 
facilities are constructed and operated in a safe manner. Further, the 
Food and Drug Administration is responsible for ensuring that irradiated 
foods are safe and wholesome for human consumption.

[62 FR 36974, July 10, 1997, as amended at 63 FR 65648, Nov. 30, 1998]



Sec. 318.13-4g  Administrative instructions governing movement of avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without being 
certified in accordance with Sec. 318.13-4 (a) or (b) only under the 
following conditions:
    (a) Distribution and marking requirements. The avocados may be moved 
interstate for distribution in Alaska only, the boxes of avocados must 
be clearly marked with the statement ``Distribution limited to the State 
of Alaska'', and the shipment must be identified in accordance with the 
requirements of Sec. 318.13-6.
    (b) Commercial shipments. The avocados may be moved in commercial 
shipments only.
    (c) Packing requirements. The avocados must have been sealed in the 
packing house in Hawaii in boxes with a seal that will break if the box 
is opened.
    (d) Ports. The avocados may enter the continental United States only 
at the following ports: Portland, Oregon; Seattle, Washington; or any 
port in Alaska.
    (e) Shipping requirements. The avocados must be moved either by air 
or ship and in a sealed container. The avocados may not be commingled in 
the same sealed container with articles that are intended for entry and 
distribution in any part of the United States other than Alaska. If the 
avocados arrive at either Portland, Oregon or Seattle, Washington, they 
may be transloaded only under the following conditions:
    (1) Shipments by sea. The avocados may be transloaded from one ship 
to another ship at the port of arrival, provided they remain in the 
original sealed container and that APHIS inspectors supervise the 
transloading. If the avocados are stored before reloading, they must be 
kept in the original sealed container and must be in an area that is 
either locked or guarded at all times the avocados are present.
    (2) Shipments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided the 
following conditions are met:

[[Page 153]]

    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage of the shipment is within the 
secure area of the airport, and is either locked or guarded at all times 
the avocados are present. The avocados must be kept in a sealed 
container while stored in the continental United States en route to 
Alaska; and
    (iv) APHIS inspectors supervise the transloading.
    (3) Exceptions. No transloading other than that described in 
paragraphs (e) (1) and (2) of this section is allowed except under 
extenuating circumstances (such as equipment breakdown) and when 
authorized and supervised by an APHIS inspector.
    (f) Limited permit. Shipments of avocados must be accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c) of this subpart. The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in compliance with the provisions of this section.

[59 FR 66642, Dec. 28, 1994]



Sec. 318.13-4h  Administrative instructions; conditions governing the movement of the fruit of carambola from Hawaii.

    (a) Subject to the requirements of Secs. 318.13-3 and 318.13-4 and 
any other applicable regulations, the fruit of carambola may be moved 
interstate from Hawaii only if it is treated under the supervision of an 
inspector with a treatment authorized by the Administrator for the 
following pests: the Mediterranean fruit fly (Ceratitis capitata), the 
melon fly (Bactrocera cucurbitae), and the Oriental fruit fly 
(Bactrocera dorsalis).
    (b) Treatments authorized by the Administrator are listed in the 
Plant Protection and Quarantine Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter.

[59 FR 48992, Sept. 26, 1994]



Sec. 318.13-4i  Administrative instructions; conditions governing the movement of green bananas from Hawaii.

    Green bananas (Musa spp.) of the cultivars ``Williams,'' ``Valery,'' 
``Grand Nain,'' and standard and dwarf ``Brazilian'' may be moved 
interstate from Hawaii with a certificate issued in accordance with 
Secs. 318.13-3 and 318.13-4 of this subpart if the bananas meet the 
following conditions:
    (a) The bananas must be picked while green and packed for shipment 
within 24 hours after harvest. If the green bananas will be stored 
overnight during that 24-hour period, they must be stored in a facility 
that prevents access by fruit flies;
    (b) No bananas from bunches containing prematurely ripe fingers 
(i.e., individual yellow bananas in a cluster of otherwise green 
bananas) may be harvested or packed for shipment;
    (c) The bananas must be inspected by an inspector and found free of 
plant pests as well as any of the following defects: prematurely ripe 
fingers, fused fingers, or exposed flesh (not including fresh cuts made 
during the packing process); and
    (d) The bananas must be safeguarded from fruit fly infestation from 
the time that they are packaged for shipment until they reach the port 
of arrival on the mainland United States.

[63 FR 65648, Nov. 30, 1998]



Sec. 318.13-5  Application for inspection.

    Persons intending to move any articles that may be certified in 
accordance with the provisions of Sec. 318.13-4 shall make application 
for inspection or treatment on forms provided for this purpose as far as 
possible in advance of the contemplated date of shipment. They will also 
be required to prepare, handle, and safeguard such articles from 
infestation or reinfestation, and to assemble them at such points as the 
inspector may designate, placing them so that inspection may be readily 
made. Blank forms \6\ for use in making applications for inspections 
will be furnished free upon request to the U.S. Department of 
Agriculture, Animal

[[Page 154]]

and Plant Health Inspection Service, Honolulu, Hawaii.
---------------------------------------------------------------------------

    \6\ Form PQ-170.

[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 53 
FR 12910, Apr. 20, 1988; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 
1990]



Sec. 318.13-6  Container marking and identity.

    Except as provided in Sec. 318.13-17(c) of this subpart, shipments 
of regulated articles moved in accordance with this subpart must have 
the following information clearly marked on each container, or, for 
shipments of multiple containers or bulk products, on the waybill, 
manifest, or bill of lading accompanying the articles: Nature and 
quantity of contents; name and address of shipper, owner, or person 
shipping or forwarding the articles; name and address of consignee; 
shipper's identifying mark and number; and, the number of the 
certificate or limited permit authorizing movement, if one was issued.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 7959, Feb. 11, 1993, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 318.13-7  Products as ships' stores or in the possession of passengers or crew.

    (a) In the possession of passengers or crew members. Small 
quantities of fruits, vegetables, and cut flowers, subject to the 
quarantine and regulations in this subpart, when loose and free of 
packing materials, may be taken aboard any aircraft moving to Guam, 
ship, vessel, or other surface craft by passengers or members of the 
crew without inspection and certification in Hawaii. However, if such 
articles so taken aboard, are not eligible for inspection and 
certification under Sec. 318.13-4(a), they must be entirely consumed or 
disposed of before arrival within the territorial waters of the 
continental United States, Guam, Puerto Rico, or the Virgin Islands of 
the United States.
    (b) As ship's stores or decorations. Fruits, vegetables, and cut 
flowers subject to the quarantine and regulations in this subpart may be 
taken aboard an aircraft moving from Hawaii to Guam, or a ship, vessel, 
or other surface craft in Hawaii without inspection or certification. 
Fruits, vegetables, and cut flowers that are so taken aboard such a 
carrier must be either (1) entirely consumed or removed from the 
aircraft moving from Hawaii to Guam, or the ship, vessel, or other 
surface craft before arrival within the territorial waters of the 
continental United States, Guam, Puerto Rico, or the Virgin Islands of 
the United States; or (2) in the case of a surface carrier, retained 
aboard such carrier under seal or otherwise disposed of subject to 
safeguards equivalent to those imposed on other prohibited or restricted 
products by Sec. 352.10 (b) and (c) of this chapter.

[24 FR 10777, Dec. 29, 1959, as amended at 31 FR 999, Jan. 26, 1966; 54 
FR 3578, Jan. 25, 1989]



Sec. 318.13-8  Articles and persons subject to inspection.

    Persons, means of conveyance (including ships, other ocean-going 
craft, and aircraft), baggage, cargo, and any other articles, that are 
destined for movement, are moving, or have been moved from Hawaii to the 
continental United States, Guam, Puerto Rico, or the Virgin Islands of 
the United States are subject to agricultural inspection at the port of 
departure, the port of arrival, and/or any other authorized port. If an 
inspector finds any article prohibited movement by the quarantine and 
regulations of this subpart, he or she, taking the least drastic action, 
shall order the return of the article to the place of origin, or the 
exportation of the article, under safeguards satisfactory to him or her, 
or otherwise dispose of it, in whole or part, to comply with the 
quarantine and regulations of this subpart.

[54 FR 3578, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]



Sec. 318.13-9  Inspection of means of conveyance.

    (a) Inspection of aircraft prior to departure. No person shall move 
any aircraft from Hawaii to the continental United States, Puerto Rico, 
or the Virgin Islands of the United States, unless the person moving the 
aircraft has contacted an inspector and offered the inspector the 
opportunity to inspect the

[[Page 155]]

aircraft prior to departure and the inspector has informed the person 
proposing to move the aircraft that the aircraft may depart.
    (b) Inspection of aircraft moving to Guam. Any person who has moved 
an aircraft from Hawaii to Guam shall contact an inspector and offer the 
inspector the opportunity to inspect the aircraft upon the aircraft's 
arrival in Guam, unless the aircraft has been inspected and cleared in 
Hawaii prior to departure in accordance with arrangements made between 
the operator of the aircraft, the Animal and Plant Health Inspection 
Service, and the government of Guam.
    (c) Inspection of ships upon arrival. Any person who has moved a 
ship or other ocean-going craft from Hawaii to the continental United 
States, Guam, Puerto Rico, or the Virgin Islands of the United States 
shall contact an inspector and offer the inspector the opportunity to 
inspect the ship or other ocean-going craft upon its arrival.

[54 FR 3578, Jan. 25, 1989]



Sec. 318.13-10  Inspection of baggage, other personal effects, and cargo.

    (a) Offer for inspection by aircraft passengers. Passengers destined 
for movement by aircraft from Hawaii to the continental United States, 
Puerto Rico, or the Virgin Islands of the United States shall offer 
their carry-on baggage and other personal effects for inspection at the 
place marked for agricultural inspections, which will be located at the 
airport security checkpoint or the aircraft boarding gate, at the time 
they pass through the checkpoint or the gate. Passengers shall offer 
their check-in baggage for inspection at agricultural inspection 
stations prior to submitting their baggage to the check-in baggage 
facility. When an inspector has inspected and passed such baggage or 
personal effects, he or she shall apply a USDA stamp, inspection 
sticker, or other identification to such baggage or personal effects to 
indicate that such baggage or personal effects have been inspected and 
passed as required. Passengers shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a passenger's baggage 
or personal effects discloses an article in violation of the regulations 
in this part, the inspector shall seize the article. The passenger shall 
state his or her name and address to the inspector, and provide the 
inspector with corroborative identification. The inspector shall record 
the name and address of the passenger, the nature of the identification 
presented for corroboration, the nature of the violation, the types of 
articles involved, and the date, time, and place of the violation.
    (b) Offer for inspection by aircraft crew. Aircraft crew members 
destined for movement by aircraft from Hawaii to the continental United 
States, Puerto Rico, or the Virgin Islands of the United States, shall 
offer their baggage and personal effects for inspection at the 
inspection station designated for the employing airline not less than 20 
minutes prior to the scheduled departure time of the aircraft or the 
rescheduled departure time as posted in the public areas of the airport. 
When an inspector has inspected and passed such baggage or personal 
effects, he or she shall apply a USDA stamp, inspection sticker, or 
other identification to the baggage or personal effects to indicate that 
such baggage or personal effects have been inspected and passed as 
required. Aircraft crew members shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a crew member's 
baggage or personal effects discloses an article in violation of the 
regulations in this part, the inspector shall seize the article. The 
crew member shall state his or her name and address to the inspector, 
and provide the inspector with corroborative identification. The 
inspector shall record the name and address of the crew member, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (c) Baggage inspection for persons traveling to Guam on aircraft. No 
person who has moved from Hawaii to Guam on an aircraft shall remove or 
attempt to remove any baggage or other personal effects from the area 
secured for customs

[[Page 156]]

inspections before the person has offered to an inspector, and has had 
passed by the inspector, his or her baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall record the name and address of the 
person, the nature of the identification presented for corroboration, 
the nature of the violation, the types of articles involved, and the 
date, time, and place of the violation.
    (d) Baggage acceptance and loading on aircraft. No person shall 
accept or load any check-in aircraft baggage destined for movement from 
Hawaii to the continental United States, Puerto Rico, or the Virgin 
Islands of the United States, unless a certificate is attached to the 
baggage, or the baggage bears a USDA stamp, inspection sticker, or other 
indication applied by an inspector representing that the baggage has 
been inspected and passed.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other ocean-going craft from Hawaii to the 
continental United States, Puerto Rico, Guam, or the Virgin Islands of 
the United States, shall remove or attempt to remove any baggage or 
other personal effects from the designated inspection area as provided 
in Sec. 318.13-10(h) on or off the ship or other ocean-going craft 
unless the person has offered to an inspector for inspection, and has 
had passed by the inspector, the baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall record the name and address of the 
person, the nature of the identification presented for corroboration, 
the nature of the violation, the types of articles involved, and the 
date, time, and place of the violation.
    (f) Loading of certain cargoes. (1) Except as otherwise provided in 
paragraph (f)(2) of this section, no person shall present to any common 
carrier or contract carrier for movement, and no common carrier or 
contract carrier shall load, any cargo containing fruits, vegetables, or 
other articles regulated under this subpart that are destined for 
movement from Hawaii to the continental United States, Puerto Rico, or 
the Virgin Islands of the United States, unless the cargo has been 
offered for inspection, passed by an inspector, and bears a USDA stamp 
or USDA inspection sticker, or unless a certificate or limited permit is 
attached to the cargo as specified in Sec. 318.13-3(e).
    (2) Cargo designated in paragraph (f)(1) of this section may be 
loaded without a USDA stamp or USDA inspection sticker, and without a 
certificate attached to the cargo or a limited permit attached to the 
cargo if the cargo is moved:
    (i) As containerized cargo on ships or other ocean-going craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
certificate or limited permit was issued for the movement; and
    (iii) A notation of the existence of these documents is made by the 
carrier on the waybill, manifest, or bill of lading that accompanies the 
shipment.
    (3) Cargo moved in accordance with Sec. 318.13-17 of this subpart 
that does not have a limited permit attached to the cargo must have a 
limited permit attached to the waybill, manifest, or bill of lading 
accompanying the shipment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
Sec. 318.13-10(h), on or off the means of conveyance, any cargo moved 
from Hawaii to Guam containing fruits, vegetables, or other articles 
regulated under this subpart, unless the cargo has been inspected and 
passed by an inspector in Guam.

[[Page 157]]

    (h) Space and facilities for baggage inspection. Baggage inspection 
will not be performed until the person in charge or possession of the 
ship, other ocean-going craft, or aircraft provides space and facilities 
on the means of conveyance, pier, or airport that are adequate, in the 
inspector's judgment, for the performance of inspection.

[54 FR 3579, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]



Sec. 318.13-11  Disinfection of means of conveyance.

    If an inspector, through an inspection pursuant to this subpart, 
finds that a means of conveyance is infested with or contains plant 
pests, and the inspector orders disinfection of the means of conveyance, 
then the person in charge or in possession of the means of conveyance 
shall disinfect the means of conveyance and its cargo in accordance with 
an approved method contained in the Plant Protection and Quarantine 
Treatment Manual under the supervision of an inspector and in a manner 
prescribed by the inspector, prior to any movement of the means of 
conveyance or its cargo. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference. For the full identification of this 
standard, see Sec. 300.1, ``Materials incorporated by reference.''

[54 FR 3580, Jan. 25, 1989]



Sec. 318.13-12  Posting of warning notice and distribution of baggage declarations.

    (a) Before any aircraft moving to Guam from Hawaii, or any ship, 
vessel, or other surface craft from Hawaii arrives within the boundaries 
of the continental United States, Guam, Puerto Rico, or the Virgin 
Islands of the United States, the master, or other responsible officer 
thereof, shall cause to be distributed to each adult passenger thereon a 
baggage declaration \7\ to be furnished by the U.S. Department of 
Agriculture, calling attention to the provisions of the Plant Quarantine 
Act, and the quarantine and regulations in this subpart. These baggage 
declarations shall be executed and signed by the passengers and shall be 
collected and delivered by the master or other responsible officer of 
the ship, vessel, other surface craft, or aircraft, to the inspector on 
arrival at the quarantine or inspection area.
---------------------------------------------------------------------------

    \7\ Form No. PPQ 232.
---------------------------------------------------------------------------

    (b) Every person owning or controlling any dock, harbor, or landing 
field in Hawaii from which ships, vessels, other surface craft, or 
aircraft leave for ports in the continental United States, Guam, Puerto 
Rico, or the Virgin Islands of the United States shall post, and keep 
posted at all times, in one or more conspicuous places in passenger 
waiting rooms on or in said dock, harbor, or landing field a warning 
notice directing attention to the quarantine and regulations in this 
subpart. \8\ Every master, or other responsible officer of any ship, 
vessel, other surface craft, or aircraft leaving Hawaii destined to a 
port in the continental United States, Guam, Puerto Rico, or the Virgin 
Islands of the United States shall similarly post, and keep posted at 
all times, such a warning notice in the ship, vessel, other surface 
craft, or aircraft under his charge.
---------------------------------------------------------------------------

    \8\ An acceptable warning notice appears on Form PPQ-232.

[24 FR 10777, Dec. 29, 1959, as amended at 53 FR 12910, Apr. 20, 1988; 
54 FR 391, Jan. 6, 1989. Redesignated and amended at 54 FR 3580, Jan. 
25, 1989]



Sec. 318.13-13  Movements by the Department of Agriculture.

    Notwithstanding any other restrictions of this subpart, articles 
subject to the requirements of the regulations in this subpart may be 
moved if they are moved:
    (a) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (b) Pursuant to a Departmental permit issued for the article and 
kept on file at the port of departure;
    (c) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of plant pests 
and diseases; and,
    (d) With a Departmental tag or label bearing the number of the 
Departmental permit issued for the article securely attached to the 
outside of the

[[Page 158]]

container of the article or securely attached to the article itself if 
not in a container.

[54 FR 3580, Jan. 25, 1989]



Sec. 318.13-14  Parcel post inspection.

    Inspectors are authorized in accordance with the postal laws and 
regulations and in cooperation with employees of the U.S. Post Office 
Department, to inspect parcel post packages placed in the mails in 
Hawaii and destined to other parts of the United States, to determine 
whether such packages contain fruits, vegetables, or other regulated 
articles, the movement of which is not authorized under this subpart, to 
examine such articles for plant pests, and to notify the postmaster in 
writing of any violation of this subpart or part 330 of this chapter in 
connection therewith.

[33 FR 14623, Oct. 1, 1968. Redesignated at 54 FR 3580, Jan. 25, 1989]



Sec. 318.13-15  Costs and charges.

    Services of the inspector during regularly assigned hours of duty at 
the usual places of duty shall be furnished without cost to the one 
requesting such services. The Animal and Plant Health Inspection Service 
will not assume responsibility for any costs or charges, other than 
those indicated in this section, in connection with the inspection, 
treatment, conditioning, storage, forwarding, or any other operation of 
any character incidental to the physical movement of regulated articles 
or plant pests.

[33 FR 14623, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971. 
Redesignated at 54 FR 3580, Jan. 25, 1989, and further amended at 55 FR 
38979, Sept. 24, 1990]



Sec. 318.13-16  Withdrawal of certificates, transit permits, limited permits, or compliance agreements.

    Any certificate, transit permit, limited permit, or compliance 
agreement which has been issued or authorized may be withdrawn by an 
inspector orally or in writing, if such inspector determines that the 
holder thereof has not complied with all conditions under the 
regulations for the use of such document. If the cancellation is oral, 
the decision and the reasons for the withdrawal shall be confirmed in 
writing as promptly as circumstances allow. Any person whose 
certificate, transit permit, limited permit, or compliance agreement has 
been withdrawn may appeal the decision in writing to the Administrator 
within ten (10) days after receiving the written notification of the 
withdrawal. The appeal shall state all of the facts and reasons upon 
which the person relies to show that the certificate, transit permit, or 
limited permit was wrongfully withdrawn. The Administrator shall grant 
or deny the appeal, in writing, stating the reasons for such decision, 
as promptly as circumstances allow. If there is a conflict as to any 
material fact, a hearing shall be held to resolve such conflict. Rules 
of practice concerning such a hearing will be adopted by the 
Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[52 FR 8865, Mar. 20, 1987. Redesignated at 54 FR 3580, Jan. 25, 1989, 
and further amended at 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 11, 
1993; 58 FR 40190, July 27, 1993; 59 FR 67133, Dec. 29, 1994]



Sec. 318.13-17  Transit of fruits and vegetables from Hawaii into or through the continental United States.

    Fruits and vegetables from Hawaii otherwise prohibited movement from 
the State of Hawaii into or through the continental United States by 
this subpart may transit the continental United States en route to a 
foreign destination when moved in accordance with this section and any 
other applicable provisions of this subpart. Any additional restrictions 
on such movement that would otherwise be imposed by part 301 of this 
chapter and Secs. 318.30 and 318.30a of this part shall not apply.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement into or through the continental United 
States of fruits and vegetables otherwise prohibited by this subpart 
from being moved into or through the continental United States from 
Hawaii. Application for a transit permit must be made in writing.\9\ The

[[Page 159]]

transit permit application must include the following information:
---------------------------------------------------------------------------

    \9\ Applications for transit permits should be submitted to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English names are acceptable);
    (ii) The means of conveyance to be used to transport the fruits and 
vegetables into or through the continental United States;
    (iii) The port of arrival in the continental United States, and the 
location of any subsequent stop;
    (iv) The location of, and the time needed for, any storage in the 
continental United States;
    (v) Any location in the continental United States where the fruits 
and vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
and vegetables from the port of arrival in the continental United States 
to the port of export;
    (vii) The estimated time necessary to accomplish exportation, from 
arrival at the port of arrival in the continental United States to exit 
at the port of export;
    (viii) The port of export; and
    (ix) The name and address of the applicant and, if the applicant's 
address is not within the territorial limits of the United States, the 
name and address in the United States of an agent whom the applicant 
names for acceptance of service of process.
    (2) A transit permit will be issued only if the following conditions 
are met:
    (i) APHIS inspectors are available at the port of arrival, port of 
export, and any locations at which transloading of cargo will take 
place, and, in the case of air shipments, at any interim stop in the 
continental United States, as indicated on the application for the 
transit permit;
    (ii) The application indicates that the proposed movement would 
comply with the provisions in this section applicable to the transit 
permit; and
    (iii) During the 12 months prior to receipt of the application by 
APHIS, the applicant has not had a transit permit withdrawn under 
Sec. 318.13-16 of this subpart, unless the transit permit has been 
reinstated upon appeal.
    (b) Limited permit. Fruits and vegetables shipped from Hawaii into 
or through the continental United States under this section must be 
accompanied by a limited permit, a copy of which must be presented to an 
inspector at the port of arrival and the port of export in the 
continental United States, and at any other location in the continental 
United States where an air shipment is authorized to stop or where 
overland shipments change means of conveyance. An inspector will issue a 
limited permit if the following conditions are met:
    (1) The inspector determines that the specific type and quantity of 
the fruits and vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English names are acceptable.) 
The fruits and vegetables shall be assembled at whatever point and in 
whatever manner the inspector designates as necessary to comply with the 
requirements of this section; and
    (2) The inspector establishes that the shipment of fruits and 
vegetables has been prepared in compliance with the provisions of this 
section.
    (c) Marking requirements. Each of the smallest units, including each 
of the smallest bags, crates, or cartons, containing fruits and 
vegetables for transit into or through the continental United States 
under this section must be conspicuously marked, prior to the locking 
and sealing of the container in Hawaii, with a printed label that 
includes a description of the specific type and quantity of the fruits 
and vegetables (only scientific or English names are acceptable), the 
transit permit number under which the fruits and vegetables are to be 
shipped, and, in English, the fact that they were grown in Hawaii and 
the statement ``Distribution in the United States is Prohibited.''
    (d) Handling of fruits and vegetables. Fruits and vegetables shipped 
into or through the continental United States from Hawaii in accordance 
with this section may not be commingled in the same sealed container 
with articles

[[Page 160]]

that are intended for entry and distribution in the continental United 
States. The fruits and vegetables must be kept in sealed containers from 
the time the limited permit required by paragraph (b) of this section is 
issued, until the fruits and vegetables exit the continental United 
States, except as otherwise provided in the regulations in this section. 
Transloading must be carried out in accordance with the requirements of 
paragraphs (a), (h), and (i) of this section.
    (e) Area of movement. The port of arrival, the port of export, ports 
for air stops, and overland movement within the continental United 
States of fruits and vegetables shipped under this section is limited to 
a corridor that includes all States of the continental United States 
except Alabama, Arizona, California, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South 
Carolina, Tennessee, Texas, and Virginia, except that movement is 
allowed through Dallas/Fort Worth, Texas, as an authorized stop for air 
cargo, or as a transloading location for shipments that arrive by air 
but that are subsequently transloaded into trucks for overland movement 
from Dallas/Fort Worth into the designated corridor by the shortest 
route. Movement through the continental United States must begin and end 
at locations staffed by APHIS inspectors.\10\
---------------------------------------------------------------------------

    \10\ For a list of ports staffed by APHIS inspectors, contact the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (f) Movement of fruits and vegetables. Transportation through the 
continental United States shall be by the most direct route to the final 
destination of the shipment in the country to which it is exported, as 
determined by APHIS based on commercial shipping routes and timetables 
and set forth in the transit permit. No change in the quantity of the 
original shipment from that described in the limited permit is allowed. 
No remarking is allowed. No diversion or delay of the shipment from the 
itinerary described in the transit permit and limited permit is allowed 
unless authorized by an APHIS inspector upon determination by the 
inspector that the change will not significantly increase the risk of 
plant pests or diseases in the United States, and unless each port to 
which the shipment is diverted is staffed by APHIS inspectors.
    (g) Notification in case of emergency. In the case of an emergency 
such as an accident, a mechanical breakdown of the means of conveyance, 
or an unavoidable deviation from the prescribed route, the person in 
charge of the means of conveyance must, as soon as practicable, notify 
the APHIS office at the port where the cargo arrived in the continental 
United States.
    (h) Shipments by sea. Except as authorized by this paragraph, 
shipments arriving in the continental United States by sea from Hawaii 
may be transloaded once from a ship to another ship or, alternatively, 
once to a truck or railcar at the port of arrival and once from a truck 
or railcar to a ship at the port of export, and must remain in the 
original sealed container, except under extenuating circumstances and 
when authorized by an inspector upon determination by the inspector that 
the transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision. No other transloading of the shipment is allowed, except 
under extenuating circumstances (e.g., equipment breakdown) and when 
authorized by an inspector upon determination by the inspector that the 
transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (i) Shipments by air. (1) Shipments arriving in the continental 
United States by air from Hawaii may be transloaded only once in the 
continental United States. Transloading of air shipments must be carried 
out in the presence of an APHIS inspector. Shipments arriving by air 
that are transloaded may be transloaded either into another aircraft or 
into a truck trailer for export by the most direct route to the final

[[Page 161]]

destination of the shipment through the designated corridor set forth in 
paragraph (e) of this section. This may be done at either the port of 
arrival in the United States or at the second air stop within the 
designated corridor, as authorized in the transit permit and as provided 
in paragraph (i)(2) of this section. No other transloading of the 
shipment is allowed, except under extenuating circumstances (e.g., 
equipment breakdown) and when authorized by an APHIS inspector upon 
determination by the inspector that the transloading would not 
significantly increase the risk of the introduction of plant pests or 
diseases into the continental United States, and provided that APHIS 
inspectors are available to provide supervision. Transloading of air 
shipments will be authorized only if the following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage is within the secure area of the 
airport; and
    (iv) APHIS inspectors are available to provide the supervision 
required by paragraph (i)(1) of this section.
    (2) Except as authorized by paragraph (f) of this section, shipments 
that continue by air from the port of arrival in the continental United 
States may be authorized by APHIS for only one additional stop in the 
continental United States, provided the second stop is within the 
designated corridor set forth in paragraph (e) of this section and is 
staffed by APHIS inspectors. As an alternative to transloading a 
shipment arriving in the United States into another aircraft, shipments 
that arrive by air may be transloaded into a truck trailer for export by 
the most direct route to the final destination of the shipment through 
the designated corridor set forth in paragraph (e) of this section. This 
may be done at either the port of arrival in the United States or at the 
second authorized air stop within the designated corridor. No other 
transloading of the shipment is allowed, except under extenuating 
circumstances (e.g., equipment breakdown) and when authorized by an 
APHIS inspector upon determination by the inspector that the 
transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (j) Duration and location of storage. Any storage in the continental 
United States of fruits and vegetables shipped under this section must 
be for a duration and in a location authorized in the transit permit 
required by paragraph (a) of this section. Areas where such fruits and 
vegetables are stored must be either locked or guarded at all times the 
fruits and vegetables are present. Cargo shipped under this section must 
be kept in a sealed container while stored in the continental United 
States.
    (k) Temperature requirement. Except for time spent on aircraft and 
except during storage and transloading of air shipments, the temperature 
in the sealed containers containing fruits and vegetables moved under 
this section must be 60 deg. F or lower from the time the fruits and 
vegetables leave Hawaii until they exit the continental United States.
    (l) Prohibited materials. (1) The person in charge of or in 
possession of a sealed container used for movement into or through the 
continental United States under this section must ensure that the sealed 
container is carrying only those fruits and vegetables authorized by the 
transit permit required under paragraph (a) of this section; and
    (2) The person in charge of or in possession of any means of 
conveyance or container returned to the United States without being 
reloaded after being used to export fruits and vegetables from the 
United States under this section must ensure that the means of 
conveyance or container is free of materials prohibited importation into 
the United States under this chapter.
    (m) Authorization by APHIS of the movement of fruits and vegetables 
into or through the continental United States under this section does 
not imply that the fruits and vegetables are enterable into the 
destination

[[Page 162]]

country. Shipments returned to the United States from the destination 
country shall be subject to all applicable regulations, including 
``Subpart--Fruits and Vegetables'' of part 319 of this chapter, and part 
352 of this chapter.
    (n) Any restrictions and requirements with respect to the arrival, 
temporary stay, unloading, transloading, transiting, exportation, or 
other movement or possession in the United States of any fruits or 
vegetables under this section shall apply to any person who, 
respectively, brings into, maintains, unloads, transloads, transports, 
exports, or otherwise moves or possesses in the United States such 
fruits or vegetables, whether or not that person is the one who was 
required to have a transit permit or limited permit for the fruits or 
vegetables or is a subsequent custodian of the fruits or vegetables. 
Failure to comply with all applicable restrictions and requirements 
under this section by such a person shall be deemed to be a violation of 
this section.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 7959, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59 
FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]



                         Subpart--Sweetpotatoes



Sec. 318.30  Notice of quarantine.

    (a) The Administrator of the Animal and Plant Health Inspection 
Service has determined that it is necessary to quarantine Hawaii and 
Puerto Rico to prevent the spread to other parts of the United States of 
the sweetpotato scarabee (Euscepes postfasciatus Fairm.), and the 
sweetpotato stem borer (Omphisa anastomosalis Guen.), dangerous insect 
infestations new to and not widely prevalent or distributed within or 
throughout the United States, and that it is necessary also to 
quarantine the Virgin Islands of the United States to prevent the spread 
to other parts of the United States of the sweetpotato scarabee.
    (b) Under the authority conferred by section 8 of the Plant 
Quarantine Act of August 20, 1912, as amended (7 U.S.C. 161), and after 
public hearing as required thereunder, the Administrator of the Animal 
and Plant Health Inspection Service therefore has quarantined Hawaii, 
Puerto Rico, and the Virgin Islands of the United States to prevent the 
spread of the sweetpotato scarabee (Euscepes postfasciatus Fairm.) and 
the sweetpotato stem borer (Omphisa anastomosalis Guen.).
    (c) No variety of sweetpotatoes (Ipomoea batatas Poir.) shall be 
shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved by any person from Hawaii, 
Puerto Rico, or the Virgin Islands of the United States into or through 
any other State, Territory, or District of the United States: Provided, 
That the prohibitions of this section shall not prohibit the movement of 
sweetpotatoes in either direction between Puerto Rico and the Virgin 
Islands of the United States; nor prohibit the movement of sweetpotatoes 
by the U.S. Department of Agriculture for scientific or experimental 
purposes; nor prohibit the movement from Puerto Rico or the Virgin 
Islands of the United States of sweetpotatoes which the Deputy 
Administrator of the Plant Protection and Quarantine Programs may 
authorize under permit or certificate to such northern ports of the 
United States as he may designate in such permit or certificate, 
conditioned upon the fumigation of such sweetpotatoes under the 
supervision of an inspector of said Programs either in Puerto Rico or 
the Virgin Islands of the United States or at the designated port of 
arrival, in a manner approved by the said Deputy Administrator; nor 
prohibit the movement from Hawaii of sweetpotatoes which the Deputy 
Administrator of the Plant Protection and Quarantine Programs may 
authorize under permit or certificate to such ports of the United States 
as he may designate in such permit or certificate, conditioned upon the 
fumigation of such sweetpotatoes in Hawaii under the supervision of an 
inspector of said Programs, in a manner approved by the said Deputy 
Administrator: Provided, further, That whenever the Deputy Administrator 
of the Plant Protection and Quarantine Programs shall find

[[Page 163]]

that facts exist as to pest risk involved in the movement of 
sweetpotatoes or any classification thereof to which this subpart 
applies, making it safe to modify, by making less stringent, the 
requirements contained therein, he shall set forth and publish such 
finding in administrative instructions specifying the manner in which 
the subpart should be made less stringent, whereupon such modification 
shall become effective.
    (d) As used in this section, the term State, Territory, or District 
of the United States means ``Guam, Hawaii, Puerto Rico, the Virgin 
Islands of the United States, or the continental United States.''

[24 FR 10777, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 
37 FR 10554, May 25, 1972]



Sec. 318.30a  Administrative instructions authorizing movement from Puerto Rico of certain sweetpotatoes grown under specified conditions.

    The Deputy Administrator of the Plant Protection and Quarantine 
Programs hereby finds that facts exist as to the pest risk involved in 
the movement of sweetpotatoes to which Sec. 318.30 applies, making it 
safe to modify by making less stringent the requirements of Sec. 318.30 
with respect to washed sweetpotatoes graded by inspectors of the 
Commonwealth of Puerto Rico in accordance with Puerto Rican standards 
which do not provide a tolerance for insect infestation or evidence of 
insect injury and found by such inspectors to comply with such 
standards. Hereafter, in addition to movement authorized under 
Sec. 318.30(c), such sweetpotatoes will be eligible for inspection by a 
Branch inspector to determine whether they are free of the sweetpotato 
scarabee (Euscepes postfasciatus Fairm.) and for certification for 
movement from Puerto Rico to Baltimore, Maryland, and Atlantic Coast 
ports north thereof if found free of such insect, provided the 
sweetpotatoes are certified by an inspector of the Commonwealth of 
Puerto Rico as having been so washed and graded and as having been grown 
in accordance with the following procedures:
    (a) Fields in which the sweetpotatoes have been grown shall have 
been given a preplanting treatment with an approved soil insecticide.
    (b) Before planting in such treated fields, the sweetpotoato draws 
and vine cuttings shall have been dipped in an approved insecticidal 
solution.
    (c) During the growing season an approved insecticide shall have 
been applied to the vines at prescribed intervals.

The sweetpotatoes shall be inspected by an inspector of the Plant 
Protection and Quarantine Programs prior to shipment from Puerto Rico.



    Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products

                               Quarantine



Sec. 318.47  Notice of quarantine.

    (a) The Secretary of Agriculture having previously quarantined 
Hawaii and Puerto Rico on account of the pink bollworm of cotton 
(Pectinophora gossypiella Saunders) and the cotton blister mite 
(Eriophyes gossypii Banks), insect pests new to and not widely prevalent 
or distributed within and throughout the United States, now determines 
that it is necessary to extend the quarantine to prevent the spread of 
these insects from the Virgin Islands of the United States, where they 
are known to occur.
    (b) Under authority conferred by section 8 of the Plant Quarantine 
Act of August 20, 1912, as amended (7 U.S.C. 161) and having given the 
public hearing required thereunder, the Secretary of Agriculture hereby 
quarantines the Territory of Hawaii, Puerto Rico, and the Virgin Islands 
of the United States to prevent the spread of the said insect pests.
    (c) All parts and products of plants of the genus Gossypium, such as 
seeds including seed cotton; cottonseed; cotton lint, linters, and other 
forms of cotton fiber; cottonseed hulls, cake, meal, and other 
cottonseed products, except oil; cotton waste; and all other 
unmanufactured parts of cotton plants; and all second-hand burlap and 
other fabric which have been used, or are of the kinds ordinarily used, 
for wrapping or

[[Page 164]]

containing cotton, are hereby prohibited movement from the Hawaii, 
Puerto Rico, and the Virgin Islands of the United States into or through 
any other State, Territory or District of the United States, in manner 
or method or under conditions other than those prescribed in the 
regulations hereinafter made or amendments thereto: Provided, That 
whenever the Deputy Administrator of the Plant Protection and Quarantine 
Programs shall find that existing conditions as to the pest risk 
involved in the movement of the articles to which the regulations 
supplemental hereto apply, make it safe to modify, by making less 
stringent, the restrictions contained in any such regulations, he shall 
set forth and publish such findings in administrative instructions, 
specifying the manner in which the regulations should be made less 
stringent, whereupon such modification shall become effective.
    (d) As used in this subpart, unless the context otherwise requires, 
the term State, Territory, or District of the United States means State, 
the District of Columbia, Alaska, Guam, Hawaii, Puerto Rico, or the 
Virgin Islands of the United States.



Sec. 318.47a  Administrative instructions relating to Guam.

    The plants, products and articles specified in Sec. 318.47(c) may be 
moved from Hawaii into or through Guam without restriction under this 
subpart.

                          Rules and Regulations

    Cross Reference: For rules and regulations governing the importation 
of cotton and cottonseed products into the United States, see 
Secs. 319.8 to 319.8-27 of this chapter.



Sec. 318.47-1  Definitions.

    For the purpose of the regulations in this subpart the following 
words, names, and terms shall be construed, respectively, to mean:
    (a) Cotton. Parts and products of plants of the genus Gossypium, 
including seed cotton; cottonseed; cotton lint, linters and other forms 
of cotton fiber; cottonseed hulls, cake, meal, and other cottonseed 
products, except oil; cotton waste; and all other unmanufactured parts 
of cotton plants; and second-hand burlap and other fabric which have 
been used, or are of the kinds ordinarily used, for wrapping or 
containing cotton.
    (b) Seed cotton. The unginned lint and seed admixture, just as it is 
picked from the cotton boll.
    (c) Cottonseed. The seed of the cotton plant, either separated from 
the lint or as a component part of seed cotton.
    (d) Lint. All forms of raw or unmanufactured ginned cotton, either 
baled or unbaled, including all cotton fiber, except linters, which has 
not been woven or spun, or otherwise manufactured.
    (e) Linters. All forms of unmanufactured cotton fiber separated from 
cottonseed after the lint has been removed, including that form referred 
to as ``hull fiber.''
    (f) Waste. All forms of cotton waste derived from the manufacture of 
cotton lint, in any form or under any trade designation, including gin 
waste; and waste products derived from the milling of cottonseed.
    (g) Seedy waste. Picker waste, gin waste, and oil mill waste, and 
any other cotton by-products capable of carrying a high percentage of 
cottonseed.
    (h) Clean waste. Wastes derived from the processing of lint in 
machines after the card machine, including card strips but not card fly.
    (i) Bale covers. Second-hand burlap and other second-hand fabric by 
whatever trade designation, which have been used, or are of the kinds 
ordinarily used, for wrapping or otherwise containing cotton. Burlap and 
other fabric of the kinds ordinarily used for wrapping cotton, when new 
or unused, are excluded from this definition.
    (j) Certificate (certification, certified). A type of authorization, 
evidencing freedom from infestation, issued by the Deputy Administrator 
of the Plant Protection and Quarantine Programs to allow the movement of 
lint, linters, waste, seed cotton, cottonseed, cottonseed hulls, cake, 
and meal, and bale covers in accordance with the regulations in this 
subpart. ``Certification'' and ``certified'' shall be construed 
accordingly.
    (k) Permit. A type of general authorization issued by the Deputy 
Administrator of the Plant Protection and Quarantine Programs to allow 
the

[[Page 165]]

movement of lint, linters, waste other than seedy waste, cottonseed cake 
and meal, and bale covers in accordance with the regulations in this 
subpart.
    (l) Fumigated. Fumigated under the supervision of an inspector of 
the Plant Protection and Quarantine Programs in a fumigation plant 
approved by the Deputy Administrator of said Programs and in accordance 
with methods approved by him.
    (m) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved, 
directly or indirectly, from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States, into or through any other State, Territory, or 
District of the United States. ``Movement'' and ``move'' shall be 
construed accordingly.



Sec. 318.47-2  Articles the movement of which is prohibited or regulated.

    (a) Articles prohibited movement. The movement of seed cotton, 
cottonseed, and seedy waste, when unfumigated, is prohibited except as 
provided in Sec. 318.47-3(b)(2).
    (b) Articles the movement of which is regulated. Lint; linters; 
waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and 
bale covers may be moved upon compliance with the conditions prescribed 
in Sec. 318.47-3.



Sec. 318.47-3  Conditions governing the issuance of certificates and permits.

    (a) Fumigated lint; linters; waste; seed cotton; cottonseed; 
cottonseed hulls, cake, and meal; and bale covers. Lint; linters; waste; 
seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale 
covers, fumigated in the Territory or District of origin and so 
certified, are allowed unrestricted movement to any port.
    (b) Unfumigated lint, linters, waste, and bale covers. (1) 
Unfumigated Hawaiian, Puerto Rican, or Virgin Islands of the United 
States lint, linters, waste other than seedy waste, and bale covers will 
be allowed to move under permit, by all-water route, for entry only at 
the ports of Norfolk, Baltimore, New York, Boston, San Francisco, and 
Seattle, or other port of arrival designated in the permit, and at such 
designated port of arrival shall become subject to the regulations 
governing the handling of cotton imported from foreign countries.
    (2) Fumigation may be waived and certificates issued for lint, 
linters, and waste which have been determined by an inspector of the 
Plant Protection and Quarantine Programs to have been so manufactured or 
processed by bleaching, dyeing, or other means, as to have removed all 
seeds, or to have destroyed all insect life therein.
    (c) Cottonseed cake and meal. (1) Cottonseed cake and meal which 
have been inspected in the Territory or District of origin and certified 
by an inspector of the Plant Protection and Quarantine Programs as being 
free from contamination with whole, uncrushed cottonseed, will be 
allowed unrestricted movement to any port.
    (2) Hawaiian, Puerto Rican, and Virgin Islands of the United States 
cottonseed cake and meal, when neither fumigated nor inspected in 
accordance with the provisions of this section, will be allowed entry 
under permit through any port at which the services of an inspector are 
available, subject to examination by an inspector for freedom from 
contamination with uncrushed cottonseed. If found to be free from such 
contamination, the cottonseed cake or meal may be released from further 
entry restrictions. Cottonseed cake or meal found to be contaminated 
shall be refused entry or subjected as a condition of entry and release 
to such safeguards as may be prescribed by the inspector from such 
administratively approved methods as will, in his judgment, be necessary 
to eliminate infestations of the pink bollworm or cotton blister mite.



Sec. 318.47-4  Shipments by the Department of Agriculture.

    Cotton may be moved by the Department of Agriculture for 
experimental or scientific purposes under such conditions as may be 
prescribed by the Deputy Administrator of the Plant Protection and 
Quarantine Programs, which conditions may include clearance through the 
New Crops Research Branch of the Plant Science Research

[[Page 166]]

Division, Agricultural Research Service.



    Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

                               Quarantine



Sec. 318.58  Notice of quarantine.

    (a) Pursuant to section 8 of the Plant Quarantine Act of August 20, 
1912, as amended (7 U.S.C. 161), and after public hearing, it has been 
determined that it is necessary to quarantine Puerto Rico and the Virgin 
Islands of the United States to prevent the spread of certain dangerous 
insect infestations not heretofore widely prevalent or distributed 
within and throughout the United States, including the fruit flies, 
Anastrepha suspensa (Loew), and A. mombinpraeoptans Sein, and the bean 
pod borer, Maruca testulalis (Geyer), and that it is necessary to 
quarantine the said Virgin Islands to prevent the spread of a cactus 
borer, Cactoblastis cactorum (Berg.), not heretofore widely prevalent or 
distributed within and throughout the United States; and Puerto Rico and 
the said Virgin Islands are therefore quarantined.
    (b) No fruits or vegetables, in the raw or unprocessed state, shall 
be shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved, by any person from Puerto 
Rico or the Virgin Islands of the United States into or through Guam, 
Hawaii, or the continental United States, and no cactus plants or parts 
thereof shall be shipped, offered for shipment to a common carrier, 
received for transportation or transported by a common carrier, or 
carried, transported, moved, or allowed to be moved, by any person from 
the Virgin Islands of the United States into or through Guam, Puerto 
Rico, or the continental United States; in any manner or method or under 
conditions other than those prescribed in the regulations hereinafter 
made or amendments thereto: Provided, That whenever the Deputy 
Administrator of the Plant Protection and Quarantine Programs shall find 
that existing conditions as to the pest risk involved in the movement of 
any of the articles to which the regulations supplemental hereto apply, 
make it safe to modify, by making less stringent, the restrictions 
contained in any of such regulations, he shall publish such finding in 
administrative instructions, specifying the manner in which the 
restrictions shall be made less stringent, whereupon such modification 
shall become effective; or he may, when the public interest will permit, 
with respect to the movement of any of such articles to Guam, upon 
request in specific cases and notification to the person making the 
request, authorize their certification under conditions, specified in 
the certificate to carry out the purposes of this subpart, that are less 
stringent than those contained in the regulations.
    (c) No restrictions are placed hereby on the movement of fruits or 
vegetables in either direction between Puerto Rico and the Virgin 
Islands of the United States.
    (d) This subpart leaves in full force and effect Sec. 318.30 which 
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States into or through any other State or certain 
Territories or Districts of the United States of all varieties of 
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and 
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto 
Rico, or the Virgin Islands of the United States into or through any 
other State or certain Territories or Districts of the United States of 
sand, soil, or earth about the roots of plants.
    (e) Regulations governing the movement of live plant pests 
designated in this section are contained in part 330 of this chapter.

[28 FR 13281, Dec. 7, 1963, as amended at 30 FR 748, Jan. 23, 1965]

                          Rules and Regulations



Sec. 318.58-1  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the Animal and Plant Health Inspection Service 
authorized to act in the Administrator's stead.

[[Page 167]]

    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document signed by an inspector certifying that a 
particular ship, vessel, other surface craft, or aircraft, or any 
specified lot or shipment of fruits or vegetables or other plant 
materials, via baggage, parcel post, express, freight or other mode of 
transportation, has been inspected and found apparently free from 
articles the movement of which is prohibited by the quarantine and 
regulations in this subpart, and from the plant pests referred to in 
said quarantine; or that the lot or shipment is of such a nature that no 
danger of infestation or infection is involved; or that it has been 
treated in a manner to eliminate infestation. A certificate covering 
treated products must state the treatment applied.
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Fruits and vegetables. The edible, more or less succulent, portions 
of food plants in the raw or unprocessed state, such as bananas, 
oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.
    Inspector. An inspector of the Plant Protection and Quarantine 
Programs, United States Department of Agriculture.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector for the interstate 
movement of regulated articles to a specified destination for:
    (1) Consumption, limited utilization or processing, or treatment, in 
conformity with a compliance agreement; or
    (2) Movement into or through the continental United States in 
conformity with a transit permit.
    Means of conveyance. For the purposes of Sec. 318.58-12 of this 
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or 
railcar.
    Moved (movement and move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any person as 
specified in Sec. 318.58(b) with respect to fruits and vegetables and 
with respect to fruits and vegetables and with respect to cactus plants 
and parts thereof. ``Movement'' and ``move'' shall be construed 
accordingly.
    Person. Any individual, corporation, company, society, association, 
or other organized group.
    Plant litter. Leaves, twigs, or other portions of plants, or plant 
remains or rubbish as distinguished from clean fruits and vegetables, or 
other commercial articles.
    Sealed (sealable) container. A completely enclosed container 
designed for the storage and/or transportation of commercial air, sea, 
rail, or truck cargo, and constructed of metal or fiberglass, or other 
similarly sturdy and impenetrable material, providing an enclosure 
accessed through doors that are closed and secured with a lock or seal. 
Sealed (sealable) containers used for sea shipments are distinct and 
separable from the means of conveyance carrying them when arriving in 
and in transit through the continental United States. Sealed (sealable) 
containers used for air shipments are distinct and separable from the 
means of conveyance carrying them before any transloading in the 
continental United States. Sealed (sealable) containers used for air 
shipments after transloading in the continental United States or for 
overland shipments in the continental United States may either be 
distinct and separable from the means of conveyance carrying them, or be 
the means of conveyance itself.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.
    Transit permit. A written authorization issued by the Administrator 
for the movement of fruits and vegetables en route to a foreign 
destination that are otherwise prohibited movement by this subpart into 
or through the continental United States. Transit permits

[[Page 168]]

authorize one or more shipments over a designated period of time.
    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36 
FR 24917, Dec. 24, 1971; 54 FR 3580, Jan. 25, 1989; 58 FR 7961, Feb. 11, 
1993]



Sec. 318.58-2  Regulated articles.

    (a) Prohibited movement. Fruits, vegetables, and other products 
specified in Sec. 318.58 and not eligible for inspection and 
certification under Sec. 318.58-4 or otherwise expressly authorized 
movement in the regulations in this subpart are prohibited movements.
    (b) Regulated movement. (1) Subject to the conditions provided in 
this section, and to any treatment prescribed by the Deputy 
Administrator of the Plant Protection and Quarantine Programs, the 
following fruits and vegetables may be moved when they are free from 
plant litter, are marked in compliance with Sec. 318.58-6, and have been 
inspected by an inspector and certified by him to be free from injurious 
insect infestation (including the West Indian fruitfly and the bean pod 
borer) or to have been given prescribed treatment:

    Citrus fruits (orange, grapefruit, lemon, citron, and lime);
    Corn (sweet corn on cob);
    Mangoes (Mangifera spp.), no larger than size 8 (no more than 700 g 
each), when treated as prescribed in the Plant Protection and Quarantine 
Treatment Manual;
    Peppers;
    String beans, lima beans, faba beans, and pigeon peas, in the pod, 
and fresh okra. However, products within this subparagraph will be 
certified for movement to Pacific Coast ports or to Atlantic Coast ports 
south of Baltimore, Maryland, only when they have been treated as 
prescribed by the Deputy Administrator of the Plant Protection and 
Quarantine Programs, and under the supervision of an inspector. Such 
products may be certified for movement to Baltimore, Maryland, and 
Atlantic Coast ports north thereof without such treatment, but untreated 
fresh okra may be so certified only for immediate processing or 
consumption in these northern areas.

    (2) The following fruits and vegetables are subject to inspection, 
either in the field or when presented for shipment, as the inspector may 
require, but unless found by him to be infested shall be free to move 
without certification, marking, treatment, or other requirements of this 
subpart, except that they must be free from plant litter and soil: 
Provided, That if the inspector shall find any field, grove, lot, 
shipment, or container of such fruits and vegetables infested with 
injurious insects, he shall notify the owner or person in charge, in 
writing, of the existence of the infestation and the extent thereof, and 
thereafter movement of the fruit or vegetable so specified shall be 
prohibited while the infestation persists, unless in the judgment of the 
inspector movement may be safely allowed subject to certification after 
having been given an approved treatment, or after sorting, conditioning, 
or other effective safeguard measures:

Algarroba pods (Hymenaea courbaril).
Allium spp. (onion, chive, garlic, leek, scallion, shallot).
Anise (Pimpinella anisum).
Apio, celery root (Arracacia xanthorrhiza).
Arrowroot (Maranta arundinacea).
Artichoke, Jerusalem (Helianthus tuberosus).
Asparagus.
Avocado.
Balsamapple, balsam-pear (Momordica balsamina; M. charantia).
Banana and plantain (fruit).
Banana leaves (fresh, without stalks or midrib).
Beans (fresh shelled lima and faba beans).
Beet, including Swiss chard.
Brassica oleracea (cabbage, cauliflower, Brussels sprouts, broccoli, 
collard, kale, kohlrabi, Savoy).
Breadfruit, jackfruit (Artocarpus spp.).
Cacao bean (Theobroma cacao).
Carrot.
Celery.
Chayote (Sechium edule).
Chicory, endive (Cichorium intybus).
Citrus fruit (citron, grapefruit, lemon, lime, and orange) destined for 
ports on the Atlantic seaboard north of and including Baltimore.
Cucumbers, including Angola cucumber (Sicania odorata).
Culantro, coriander (Eryngium foetidum; Coriandrum sativum).
Dasheen, malanga, taro (Colocasia and Caladium spp.).
Eggplant.
Fennel.
Ginger root (Zingiber officinale).
Horseradish (Armoracia).
Kudzu (Pueraria thunbergiana).

[[Page 169]]

Lerens, sweet corn root (Calathea allouia).
Lettuce.
Mangosteen (Garcinia mangostana).
Mustard greens.
Palm hearts.
Papaya, lechosa (Carica papaya).
Parsley.
Parsnip.
Peas (in pod) (Pissum sativum).
Pigeonpea (fresh shelled).
Pineapple.
Potato.
Quenepa (Melicocca bijuga).
Radish.
Rhubarb.
Rutabaga.
Spinach.
Squash, pumpkin, watermelon, vegetable-marrow, cantaloup, calabaza.
Strawberry.
Tamarind beanpod (Tamarindus indica).
Tomato.
Turnip.
Watercress.
Waterlily root, lotus root (Nelumbium nelumbo).
Yam, name (Dioscorea spp.).
Yautia, tanier (Xanthosoma spp.).
Yuca, cassava (Manihot esculenta).

    (3) Cactus plants or parts thereof from the Virgin Islands of the 
United States may be moved to Guam, Puerto Rico, or the continental 
United States when they have been given an approved treatment and are so 
certified by an inspector.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 30 
FR 749, Jan. 23, 1965; 36 FR 24917, Dec. 24, 1971. Redesignated and 
amended at 54 FR 3580, Jan. 25, 1989; 55 FR 5436, Feb. 15, 1990]



Sec. 318.58-3  Conditions of movement.

    (a) To any destination. Any regulated articles may be moved 
interstate from Puerto Rico or the Virgin Islands of the United States 
in accordance with this subpart to any destination if:
    (1) The movement is authorized by a valid certificate issued in 
accordance with Sec. 318.58-4, or
    (2) The movement is exempted from certificate requirements by 
administrative instructions in this subpart.
    (b) To a foreign destination after transiting the continental United 
States. Fruits and vegetables from Puerto Rico and the Virgin Islands of 
the United States that are otherwise prohibited movement from those 
territories into or through the continental United States by this 
subpart may transit the continental United States en route to a foreign 
destination when moved in accordance with Sec. 318.58-12 of this 
subpart.
    (c) Segregation of certified articles. Articles authorized for 
movement by a certificate after treatment in accordance with 
Sec. 318.58-4(b), taken aboard any ship, vessel, other surface craft, or 
aircraft in Puerto Rico or the Virgin Islands of the United States, 
must, under the supervision of an inspector, be segregated and protected 
from infestation by any plant pest or disease.
    (d) Attachment of certificates. Except as otherwise provided for 
certain air cargo and containerized cargo on ships moved in accordance 
with Sec. 318.58-10, each box, bale, crate, or other container of 
regulated articles moved under a certificate shall have the certificate 
attached to the outside of the container: Provided, that if a 
certificate is issued for a shipment of more than one container or for 
bulk products, the certificate shall be attached to or stamped on the 
accompanying waybill, manifest, or bill of lading.

[54 FR 3580, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]



Sec. 318.58-4  Issuance of certificates or limited permits.

    Under the following conditions, an inspector may issue a certificate 
or limited permit for the movement of regulated articles to be moved in 
accordance with this subpart:
    (a) Certification on basis of inspection or nature of lot involved. 
An inspector may issue a certificate for fruits and vegetables 
designated in Sec. 318.58-2(b)(1) after he has inspected them and found 
that they appear free from infestation and infection, or has determined 
without an inspection that the lot for shipment is of such a nature that 
there appears to be no danger of infestation or infection.
    (b) Certification on basis of treatment. Fruits and vegetables 
designated in Sec. 318.58-2(b) may be certified after undergoing an 
approved treatment contained in the Plant Protection and Quarantine 
Treatment Manual under the supervision of an inspector and if the 
articles are handled after treatment in accordance with all conditions 
that the inspector requires. The Plant

[[Page 170]]

Protection and Quarantine Treatment Manual is incorporated by reference. 
For the full identification of this standard, see Sec. 300.1, 
``materials incorporated by reference.'' Treatments shall be applied at 
the expense of the shipper, owner, or person in charge of the articles. 
The Department of Agriculture or its inspector will not be responsible 
for loss or damage resulting from any treatment prescribed or supervised 
under this subpart.
    (c) An inspector may issue a limited permit for the movement of 
fruits and vegetables otherwise prohibited movement under this subpart, 
if the articles are to be moved in accordance with Sec. 318.58-12 of 
this subpart.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]



Sec. 318.58-4a  Administrative instructions authorizing the movement from Puerto Rico of frozen fruits and vegetables.

    (a) The type of treatment designated in this subpart as freezing 
shall be one of the commercially-acceptable methods that involves 
initial freezing at subzero temperatures and subsequent storage at not 
higher than 0 deg. F., with a storage tolerance of plus 20 deg. F. Such 
treatments are commonly known as quick freezing, sharp freezing, frozen-
pack, or cold-pack. Any equivalent freezing method is also included in 
this designation.
    (b) The Deputy Administrator of the Plant Protection and Quarantine 
Programs is satisfied that the movement of all fruits and vegetables 
specified in Sec. 318.58-2, when frozen, will not result in the 
dissemination of injurious insects. Accordingly, pursuant to the 
authority contained in the proviso of Sec. 318.58-2, all fruits and 
vegetables specified therein, when frozen, are hereby removed from a 
prohibited status and are included in the list for which movement from 
Puerto Rico into or through any other State, Territory, or District is 
authorized in Sec. 318.58-3. Freezing is hereby prescribed as an 
approved treatment meeting the treatment requirements for the movement 
of fruits and vegetables specified in Sec. 318.58-3. 1
---------------------------------------------------------------------------

    1  Further information concerning the movement of frozen 
fruits and vegetables from Puerto Rico may be obtained from the Plant 
Protection and Quarantine Programs, Room 4, Post Office Bldg., P.O. Box 
3386, San Juan, PR 00901.
---------------------------------------------------------------------------

    (c) The inspector in Puerto Rico shall determine that such fruits 
and vegetables are in a satisfactory frozen state before issuing a 
certificate. The inspector on the mainland will release the shipment on 
the basis of the certificate issued in Puerto Rico.
    (d) The movement from Puerto Rico of frozen fruits and vegetables is 
not authorized when such fruits and vegetables are subject to attack, in 
the area of origin, by plant pests that may not, in the judgment of the 
Deputy Administrator of the Plant Protection and Quarantine Programs, be 
destroyed by freezing.
    (e) Freezing of fruits and vegetables as authorized in these 
instructions is considered necessary for the elimination of pest risk, 
and no liability shall attach to the United States Department of 
Agriculture or to any officer or representative of that Department in 
the event of injury resulting to fruits or vegetables offered for 
movement in accordance with these instructions.

[24 FR 10777, Dec. 29, 1959. Redesignated at 54 FR 3581, Jan. 25, 1989]



Sec. 318.58-5  Application for inspection.

    Persons intending to move any of the products for which 
certification is required under Sec. 318.58-3 shall make application for 
inspection thereof as far as possible in advance of the probable date of 
shipment. The application shall show the quantity of the products which 
it is proposed to move, their identifying marks and numbers, their exact 
location, and the contemplated date of shipment. Forms on which to make 
application for inspection will be furnished, upon request, by the 
United States Department of Agriculture, Plant Protection and Quarantine 
Programs.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36 
FR 24917, Dec. 24, 1971. Redesignated at 54 FR 3580, Jan. 25, 1989]

[[Page 171]]



Sec. 318.58-6  Marking of containers.

    No products for which certification is required under Sec. 318.58-3 
shall be moved unless the crate, box, bale, or other container thereof 
is so marked with the marks and numbers given on the application that it 
may be identified at the port of first arrival.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963]



Sec. 318.58-7  Products as ships' stores or in the possession of passengers and crew.

    The movement of products is permitted from Puerto Rico or the Virgin 
Islands of the United States as ships' stores or in the possession of 
passengers and crew on ships or other ocean-going craft plying between 
Puerto Rico or the Virgin Islands of the United States and any other 
State, Territory, or District of the United States or aircraft moving 
from Puerto Rico or the Virgin Islands of the United States to Guam: 
Provided, That all such products shall upon arrival in Hawaii, Guam, or 
the continental United States be submitted for inspection and 
disposition as provided in Sec. 318.58-8, they must be free from 
infestation with injurious insects; those products not listed in 
Sec. 318.58-3 shall not be landed; and prohibited products retained 
aboard shall be subject to the safeguards provided in Sec. 352.8 of this 
chapter.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 54 
FR 3581, Jan. 25, 1989; 58 FR 7962, Feb. 11, 1993]



Sec. 318.58-8  Articles and persons subject to inspection.

    Persons, means of conveyance (including ships, other ocean-going 
craft, and aircraft), baggage, cargo, and any other articles that are 
destined for movement, are moving, or have been moved from Puerto Rico 
or the Virgin Islands of the United States to any other State, 
Territory, or District of the United States are subject to agricultural 
inspection at the port of departure, the port of arrival, and/or any 
other authorized port. If an inspector finds any article prohibited 
movement by the quarantine and regulations of this subpart, he or she, 
taking the least drastic action, shall order the return of the article 
to the place of origin or the exportation of the article, under 
safeguards satisfactory to him or her, or otherwise dispose of it, in 
whole or part, to comply with the quarantine and regulations of this 
subpart.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]



Sec. 318.58-9  Inspection of means of conveyance.

    (a) Inspection of aircraft prior to departure. No person shall move 
any aircraft from Puerto Rico or the Virgin Islands of the United States 
to any other State, District, or Territory of the United States, except 
Guam, unless the person moving the aircraft has contacted an inspector 
and offered the inspector the opportunity to inspect the aircraft prior 
to departure and the inspector has informed the person proposing to move 
the aircraft that the aircraft may depart.
    (b) Inspection of aircraft moving to Guam. Any person who has moved 
an aircraft from Puerto Rico or the Virgin Islands of the United States 
to Guam shall contact an inspector and offer the inspector the 
opportunity to inspect the aircraft upon the aircraft's arrival in Guam, 
unless the aircraft has been inspected and cleared in Puerto Rico or the 
Virgin Islands prior to departure in accordance with arrangements 
between the operator of the aircraft, the Animal and Plant Health 
Inspection Service, and the government of Guam.
    (c) Inspection of ships upon arrival. Any person who has moved a 
ship or other ocean-going craft from Puerto Rico or the Virgin Islands 
of the United States to any other State, District, or Territory of the 
United States shall contact an inspector and offer the inspector the 
opportunity to inspect the ship or other ocean-going craft upon its 
arrival.

[54 FR 3581, Jan. 25, 1989]



Sec. 318.58-10  Inspection of baggage, other personal effects, and cargo.

    (a) Offer for inspection by aircraft passengers. Passengers destined 
for movement by aircraft from Puerto Rico or the Virgin Islands of the 
United States

[[Page 172]]

to any other State, Territory, or District of the United States, except 
Guam, shall offer their carry-on baggage and other personal effects for 
inspection at the place marked for agricultural inspections, which will 
be located at the airport security checkpoint or the aircraft boarding 
gate, at the time they pass through the checkpoint or the gate. 
Passengers shall offer their check-in baggage for inspection at 
agricultural inspection stations prior to submitting their baggage to 
the check-in baggage facility. When an inspector has inspected and 
passed such baggage or personal effects, he or she shall apply a USDA 
stamp, inspection sticker, or other identification to the baggage or 
personal effects to indicate that the baggage or personal effects have 
been inspected and passed as required. Passengers shall disclose any 
fruits, vegetables, plants, plant products, or other articles that are 
requested to be disclosed by the inspector. When an inspection of a 
passenger's baggage or personal effects discloses an article in 
violation of the regulations in this part, the inspector shall seize the 
article. The passenger shall state his or her name and address to the 
inspector, and provide the inspector with corroborative identification. 
The inspector shall record the name and address of the passenger, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (b) Offer for inspection by aircraft crew. Aircraft crew members 
destined for movement by aircraft from Puerto Rico or the Virgin Islands 
of the United States to any other State, Territory, or District of the 
United States, except Guam, shall offer their baggage and personal 
effects for inspection at the inspection station designated for the 
employing airline not less than 20 minutes prior to the scheduled 
departure time of the aircraft or the rescheduled departure time as 
posted in the public areas of the airport. When an inspector has 
inspected and passed such baggage or personal effects, he or she shall 
apply a USDA stamp, inspection sticker, or other identification to the 
baggage or personal effects to indicate that such baggage or personal 
effects have been inspected and passed as required. Aircraft crew 
members shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a crew member's baggage or personal effects 
discloses an article in violation of the regulations in this part, the 
inspector shall seize the article. The crew member shall state his or 
her name and address to the inspector, and provide the inspector with 
corroborative identification. The inspector shall record the name and 
address of the crew member, the nature of the identification presented 
for corroboration, the nature of the violation, the types of articles 
involved, and the date, time, and place of the violation.
    (c) Baggage inspection for persons traveling to Guam on aircraft. No 
person who has moved from Puerto Rico or the Virgin Islands of the 
United States to Guam on an aircraft shall remove or attempt to remove 
any baggage or other personal effects from the area secured for customs 
inspections before the person has offered to an inspector, and had 
passed by the inspector, his or her baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall record the name and address of the 
person, the nature of the identification presented for corroboration, 
the nature of the violation, the types of articles involved, and the 
date, time, and place of the violation.
    (d) Baggage accepting and loading on aircraft. No person shall 
accept or load any check-in aircraft baggage destined for movement from 
Puerto Rico or the Virgin Islands of the United States to any other 
State, Territory, or District of the United States, except Guam, unless 
a certificate is attached to the baggage, or the baggage bears a USDA

[[Page 173]]

stamp, inspection sticker, or other indication applied by an inspector 
representing that the baggage has been offered for inspection and passed 
by an inspector.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other ocean-going craft from Puerto Rico or the 
Virgin Islands of the United States to any other State, Territory, or 
District of the United States shall remove or attempt to remove any 
baggage or other personal effects from a designated inspection area as 
provided in Sec. 318.58-10(h), on or off the ship or other ocean-going 
craft unless the person has offered to an inspector for inspection, and 
has passed by the inspector, the baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations in this part, the inspector 
shall seize the article. The person shall state his or her name and 
address to the inspector, and provide the inspector with corroborative 
identification. The inspector shall record the name and address of the 
person, the nature of the identification presented for corroboration, 
the nature of the violation, the types of articles involved, and the 
date, time, and place of the violation.
    (f) Loading of certain cargoes. (1) Except as otherwise provided in 
paragraph (f)(2) of this section, no person shall present to any common 
carrier or contract carrier for movement, and no common carrier or 
contract carrier shall load, any cargo containing fruits, vegetables, or 
other articles regulated under this subpart that are distined for 
movement from Puerto Rico or the Virgin Islands of the United States to 
any other State, Territory, or District of the United States, except 
Guam, unless the cargo has been offered for inspection, passed by an 
inspector, and bears of USDA stamp or USDA inspection sticker, or ulesss 
a certificate or limited permit is attached to the cargo as specified in 
Sec. 318.58-3(d).
    (2) Cargo designated in paragraph (f)(1) of this section may be 
loaded without a USDA stamp or USDA inspection sticker, and without a 
certificate attached to the cargo or a limited permit attached to the 
cargo, if the cargo is moved:
    (i) As containerized cargo on ships or other ocean-going craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
certificate or limited permit was issued for the movement; and
    (iii) A notation of the existence of these documents is made by the 
carrier on the waybill, manifest, or bill of lading that accompanies the 
shipment.
    (3) Cargo moved in accordance with Sec. 318.58-12 of this subpart 
that does not have a limited permit attached to the cargo must have a 
limited permit attached to the waybill, manifest, or bill of lading 
accompanying the shipment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
Sec. 318.58-10(h), on or off the means of conveyance, any cargo moved 
from Puerto Rico or the Virgin Islands of the United States to Guam 
containing fruits, vegetables, or other articles regulated under this 
subpart, unless the cargo has been inspected and passed by an inspector 
in Guam.
    (h) Space and facilities for baggage inspection. Baggage inspection 
will not be performed until the person in charge or possession of the 
ship, other ocean-going craft, or aircraft provides space and facilities 
on the means of conveyance, pier or airport that are adequate, in the 
inspector's judgment, for the performance of inspections.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]



Sec. 318.58-11  Disinfection of means of conveyance.

    If an inspector, through an inspection pursuant to this subpart, 
finds that a means of conveyance is infested with or contains any plant 
pest, and the inspector orders disinfection of the means of conveyance, 
then the person in charge or in possession of the means of conveyance 
shall disinfect the means of conveyance and its cargo, in accordance 
with an approved method contained in the Plant Protection and Quarantine 
Treatment Manual under the supervision of an inspector and in a manner 
prescribed by the inspector,

[[Page 174]]

prior to any movement of the means of conveyance or its cargo. The Plant 
Protection and Quarantine Treatment Manual is incorporated by reference. 
For the full identification of this standard, see Sec. 300.1, 
``Materials incorporated by reference.''

[54 FR 3582, Jan. 25, 1989]



Sec. 318.58-12  Transit of fruits and vegetables from Puerto Rico and the Virgin Islands of the United States into or through the continental United States.

    Fruits and vegetables from Puerto Rico and the Virgin Islands of the 
United States that are otherwise prohibited movement from those 
territories into or through the continental United States by this 
subpart may transit the continental United States en route to a foreign 
destination when moved in accordance with this section and any other 
applicable provisions of this subpart. Any additional restrictions on 
such movement that would otherwise be imposed by part 301 of this 
chapter and Secs. 318.30 and 318.30a of this part shall not apply.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement into or through the continental United 
States of fruits and vegetables otherwise prohibited by this subpart 
from being moved into or through the continental United States from 
Puerto Rico or the Virgin Islands of the United States. Application for 
a transit permit must be made in writing.\2\ The transit permit 
application must include the following information:
---------------------------------------------------------------------------

    \2\ Applications for transit permits should be submitted to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English names are acceptable);
    (ii) The means of conveyance to be used to transport the fruits and 
vegetables into or through the continental United States;
    (iii) The port of arrival in the continental United States, and the 
location of any subsequent stop;
    (iv) The location of, and the time needed for, any storage in the 
continental United States;
    (v) Any location in the continental United States where the fruits 
and vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
and vegetables from the port of arrival in the continental United States 
to the port of export;
    (vii) The estimated time necessary to accomplish exportation, from 
arrival at the port of arrival in the continental United States to exit 
at the port of export;
    (viii) The port of export; and
    (ix) The name and address of the applicant and, if the applicant's 
address is not within the territorial limits of the United States, the 
name and address in the United States of an agent whom the applicant 
names for acceptance of service of process.
    (2) A transit permit will be issued only if the following conditions 
are met:
    (i) APHIS inspectors are available at the port of arrival, port of 
export, and any locations at which transloading of cargo will take 
place, and, in the case of air shipments, at any interim stop in the 
continental United States, as indicated on the application for the 
transit permit;
    (ii) The application indicates that the proposed movement would 
comply with the provisions in this section applicable to the transit 
permit; and
    (iii) During the 12 months prior to receipt of the application by 
APHIS, the applicant has not had a transit permit withdrawn under 
Sec. 318.58-16 of this subpart, unless the transit permit has been 
reinstated upon appeal.
    (b) Limited Permit. Fruits and vegetables shipped from Puerto Rico 
or the Virgin Islands of the United States into or through the 
continental United States under this section must be accompanied by a 
limited permit, a copy of which must be presented to an inspector at the 
port of arrival and the port of export in the continental United States, 
and at any other location in the continental United States where an air 
shipment is authorized to stop or where overland shipments

[[Page 175]]

change means of conveyance. An inspector will issue a limited permit if 
the following conditions are met:
    (1) The inspector determines that the specific type and quantity of 
the fruits and vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English names are acceptable.) 
The fruits and vegetables shall be assembled at whatever point and in 
whatever manner the inspector designates as necessary to comply with the 
requirements of this section; and
    (2) The inspector establishes that the shipment of fruits and 
vegetables has been prepared in compliance with the provisions of this 
section.
    (c) Marking requirements. Each of the smallest units, including each 
of the smallest bags, crates, or cartons, containing fruits and 
vegetables for transit into or through the continental United States 
under this section must be conspicuously marked, prior to the locking 
and sealing of the container in Puerto Rico or the Virgin Islands of the 
United States, with a printed label that includes, a description of the 
specific type and quantity of the fruits and vegetables (only scientific 
or English names are acceptable), the transit permit number under which 
the fruits and vegetables are to be shipped, and, in English, the fact 
that they were grown in Puerto Rico or the Virgin Islands of the United 
States and the statement ``Distribution in the United States is 
Prohibited.''
    (d) Handling of fruits and vegetables. Fruits and vegetables shipped 
into or through the continental United States from Puerto Rico or the 
Virgin Islands of the United States in accordance with this section may 
not be commingled in the same sealed container with articles that are 
intended for entry and distribution in the continental United States. 
The fruits and vegetables must be kept in sealed containers from the 
time the limited permit required by paragraph (b) of this section is 
issued, until the fruits and vegetables exit the continental United 
States, except as otherwise provided in the regulations in this section. 
Transloading must be carried out in accordance with the requirements of 
paragraphs (a), (h), and (i) of this section.
    (e) Area of movement. The port of arrival, the port of export, ports 
for air stops, and overland movement within the continental United 
States of fruits and vegetables shipped under this section is limited to 
a corridor that includes all States of the continental United States 
except Alabama, Arizona, California, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South 
Carolina, Tennessee, Texas, and Virginia, except that movement is 
allowed through Dallas/Fort Worth, Texas, as an authorized stop for air 
cargo, or as a transloading location for shipments that arrive by air 
but that are subsequently transloaded into trucks for overland movement 
from Dallas/Fort Worth into the designated corridor by the shortest 
route. Movement through the continental United States must begin and end 
at locations staffed by APHIS inspectors.\3\
---------------------------------------------------------------------------

    \3\ For a list of ports staffed by APHIS inspectors, contact the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (f) Movement of fruits and vegetables. Transportation through the 
continental United States shall be by the most direct route to the final 
destination of the shipment in the country to which it is exported, as 
determined by APHIS based on commercial shipping routes and timetables 
and set forth in the transit permit. No change in the quantity of the 
original shipment from that described in the limited permit is allowed. 
No remarking is allowed. No diversion or delay of the shipment from the 
itinerary described in the transit permit and limited permit is allowed 
unless authorized by an APHIS inspector upon determination by the 
inspector that the change will not significantly increase the risk of 
plant pests or diseases in the United States, and unless each port to 
which the shipment is diverted is staffed by APHIS inspectors.
    (g) Notification in case of emergency. In the case of an emergency 
such as an accident, a mechanical breakdown of the

[[Page 176]]

means of conveyance, or an unavoidable deviation from the prescribed 
route, the person in charge of the means of conveyance must, as soon as 
practicable, notify the APHIS office at the port where the cargo arrived 
in the continental United States.
    (h) Shipments by sea. Except as authorized by this paragraph, 
shipments arriving in the continental United States by sea from Puerto 
Rico or the Virgin Islands of the United States may be transloaded once 
from a ship to another ship or, alternatively, once to a truck or 
railcar at the port of arrival and once from a truck or railcar to a 
ship at the port of export, and must remain in the original sealed 
container, except under extenuating circumstances and when authorized by 
an inspector upon determination by the inspector that the transloading 
would not significantly increase the risk of the introduction of plant 
pests or diseases into the continental United States, and provided that 
APHIS inspectors are available to provide supervision. No other 
transloading of the shipment is allowed, except under extenuating 
circumstances (e.g., equipment breakdown) and when authorized by an 
inspector upon determination by the inspector that the transloading 
would not significantly increase the risk of the introduction of plant 
pests or diseases into the continental United States, and provided that 
APHIS inspectors are available to provide supervision.
    (i) Shipments by air. (1) Shipments arriving in the continental 
United States by air from Puerto Rico or the Virgin Islands of the 
United States may be transloaded only once in the continental United 
States. Transloading of air shipments must be carried out in the 
presence of an APHIS inspector. Shipments arriving by air that are 
transloaded may be transloaded either into another aircraft or into a 
truck trailer for export by the most direct route to the final 
destination of the shipment through the designated corridor set forth in 
paragraph (e) of this section. This may be done at either the port of 
arrival in the United States or at the second air stop within the 
designated corridor, as authorized in the transit permit and as provided 
in paragraph (i)(2) of this section. No other transloading of the 
shipment is allowed, except under extenuating circumstances (e.g., 
equipment breakdown) and when authorized by an APHIS inspector upon 
determination by the inspector that the transloading would not 
significantly increase the risk of the introduction of plant pests or 
diseases into the continental United States, and provided that APHIS 
inspectors are available to provide supervision. Transloading of air 
shipments will be authorized only if the following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage is within the secure area of the 
airport; and
    (iv) APHIS inspectors are available to provide the supervision 
required by paragraph (i)(1) of this section.
    (2) Except as authorized by paragraph (f) of this section, shipments 
that continue by air from the port of arrival in the continental United 
States may be authorized by APHIS for only one additional stop in the 
continental United States, provided the second stop is within the 
designated corridor set forth in paragraph (e) of this section and is 
staffed by APHIS inspectors. As an alternative to transloading a 
shipment arriving in the United States into another aircraft, shipments 
that arrive by air may be transloaded into a truck trailer for export by 
the most direct route to the final destination of the shipment through 
the designated corridor set forth in paragraph (e) of this section. This 
may be done at either the port of arrival in the United States or at the 
second authorized air stop within the designated corridor. No other 
transloading of the shipment is allowed, except under extenuating 
circumstances (e.g., equipment breakdown) and when authorized by an 
APHIS inspector upon determination by the inspector that the 
transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United

[[Page 177]]

States, and provided that APHIS inspectors are available to provide 
supervision.
    (j) Duration and location of storage. Any storage in the continental 
United States of fruits and vegetables shipped under this section must 
be for a duration and in a location authorized in the transit permit 
required by paragraph (a) of this section. Areas where such fruits and 
vegetables are stored must be either locked or guarded at all times the 
fruits and vegetables are present. Cargo shipped under this section must 
be kept in a sealed container while stored in the continental United 
States.
    (k) Temperature requirement. Except for time spent on aircraft and 
except during storage and transloading of air shipments, the temperature 
in the sealed containers containing fruits and vegetables moved under 
this section must be 60 deg. F or lower from the time the fruits and 
vegetables leave Puerto Rico or the Virgin Islands of the United States 
until they exit the continental United States.
    (l) Prohibited materials. (1) The person in charge of or in 
possession of a sealed container used for movement into or through the 
continental United States under this section must ensure that the sealed 
container is carrying only those fruits and vegetables authorized by the 
transit permit required under paragraph (a) of this section; and
    (2) The person in charge of or in possession of any means of 
conveyance or container returned to the United States without being 
reloaded after being used to export fruits and vegetables from the 
United States under this section must ensure that the means of 
conveyance or container is free of materials prohibited importation into 
the United States under this chapter.
    (m) Authorization by APHIS of the movement of fruits and vegetables 
into or through the continental United States under this section does 
not imply that the fruits and vegetables are enterable into the 
destination country. Shipments returned to the United States from the 
destination country shall be subject to all applicable regulations, 
including ``Subpart--Fruits and Vegetables'' of part 319 of this 
chapter, and part 352 of this chapter.
    (n) Any restrictions and requirements with respect to the arrival, 
temporary stay, unloading, transloading, transiting, exportation, or 
other movement or possession in the United States of any fruits or 
vegetables under this section shall apply to any person who, 
respectively, brings into, maintains, unloads, transloads, transports, 
exports, or otherwise moves or possesses in the United States such 
fruits or vegetables, whether or not that person is the one who was 
required to have a transit permit or limited permit for the fruits or 
vegetables or is a subsequent custodian of the fruits or vegetables. 
Failure to comply with all applicable restrictions and requirements 
under this section by such a person shall be deemed to be a violation of 
this section.

(Approved by the Office of Management and Budget under control number 
0579-0088)

[58 FR 7962, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59 
FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]



Sec. 318.58-13  Movements by the Department of Agriculture.

    Notwithstanding any other restrictions of this subpart, articles 
subject to the requirements of the regulations in this subpart may be 
moved if they are moved:
    (a) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (b) Pursuant to a Departmental permit issued for the article and 
kept on file at the port of departure;
    (c) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of plant pests 
and diseases; and,
    (d) With a Departmental tag or label bearing the number of the 
Departmental permit issued for the article securely attached to the 
outside of the container of the article or securely attached to the 
article itself if not in container.

[54 FR 3582, Jan. 25, 1989]

[[Page 178]]



Sec. 318.58-14  Parcel post inspection.

    Inspectors are authorized to inspect, with the cooperation of the 
U.S. Post Office Department, parcel post packages placed in the mails in 
Puerto Rico or the Virgin Islands of the United States, to determine 
whether such packages contain products the movement of which is not 
authorized under this subpart, to examine products so found for insect 
infestation, and to notify the postmaster in writing of any violation of 
this subpart in connection therewith.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963. 
Redesignated at 54 FR 3582, Jan. 25, 1989]



Sec. 318.58-15  Costs and charges.

    Plant Protection and Quarantine shall furnish the services of the 
inspector during regularly assigned hours of duty at the usual places of 
duty without cost to the person requesting the services. Plant 
Protection and Quarantine will not assume responsibility for any costs 
or charges, other than those indicated in this paragraph, in connection 
with the inspection, treatment, conditioning, storage, forwarding, or 
any other operation incidental to the movement of regulated articles 
under this subpart.

[54 FR 3583, Jan. 25, 1989]



Sec. 318.58-16  Cancellation of certificates, transit permits, or limited permits.

    Any certificate, transit permit, or limited permit that has been 
issued or authorized under this subpart may be withdrawn by an inspector 
orally or in writing if he or she determines that the holder of the 
certificate, transit permit, or limited permit has not complied with all 
conditions under the regulations for the use of the document. If the 
cancellation is oral, the decision and the reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances allow. Any 
person whose certificate, transit permit, or limited permit has been 
withdrawn may appeal the decision in writing to the Administrator within 
ten (10) days after receiving written notification of the withdrawal. 
The appeal must state all of the facts and reasons upon which the person 
relies to show that the certificate, transit permit, or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.

[54 FR 3583, Jan. 25, 1989, as amended at 58 FR 7964, Feb. 11, 1993]



    Subpart--Sand, Soil, or Earth, with Plants from Territories and 
                                Districts



Sec. 318.60  Notice of quarantine.

    (a) The Secretary of Agriculture, having previously quarantined 
Hawaii and Puerto Rico to prevent the spread to other parts of the 
United States, by means of sand, soil, or earth about the roots of 
plants, of immature stages of certain dangerous insects, including 
Phyllophaga spp. (White grubs), Phytalus sp., and Adoretus sp., and of 
several species of termites or white ants, new to and not heretofore 
widely prevalent or distributed within and throughout the United States, 
now determines that it is necessary also to quarantine the Virgin 
Islands of the United States to prevent the spread of such dangerous 
insects from said Virgin Islands.
    (b) Under the authority conferred by section 8 of the Plant 
Quarantine Act of August 20, 1912, as amended (7 U.S.C. 161), and having 
given public hearing as required thereunder, the Secretary of 
Agriculture hereby quarantines Hawaii, Puerto Rico, and the Virgin 
Islands of the United States to prevent the spread of said dangerous 
insects.
    (c) Sand (other than clean ocean sand), soil, or earth around the 
roots of plants shall not be shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any person 
from Hawaii, Puerto Rico, or the Virgin Islands of the United States 
into or through any other State, Territory, or District of the United 
States: Provided, That the prohibitions of this section shall not

[[Page 179]]

apply to the movement of such products in either direction between 
Puerto Rico and the Virgin Islands of the United States: Provided 
further, That such prohibitions shall not prohibit the movement of such 
products by the United States Department of Agriculture for scientific 
or experimental purposes, nor prohibit the movement of sand, soil, or 
earth around the roots of plants which are carried, for ornamental 
purposes, on vessels into mainland ports of the United States and which 
are not intended to be landed thereat, when evidence is presented 
satisfactory to the inspector of the Plant Protection and Quarantine 
Programs of the Department of Agriculture that such sand, soil, or earth 
has been so processed or is of such nature that no pest risk is 
involved, or that the plants with sand, soil, or earth around them are 
maintained on board under such safeguards as will preclude pest escape: 
And provided further, That such prohibitions shall not prohibit the 
movement of plant cuttings or plants that have been (1) freed from sand, 
soil, and earth, (2) subsequently potted and established in sphagnum 
moss or other packing material approved under Sec. 319.37-16 that had 
been stored under shelter and had not been previously used for growing 
or packing plants, (3) grown thereafter in a manner satisfactory to an 
inspector of the Plant Protection and Quarantine Programs to prevent 
infestation through contact with sand, soil, or earth, and (4) certified 
by an inspector of the Plant Protection and Quarantine Programs as 
meeting the requirements of paragraphs (c) (1), (2), and (3) of this 
section.
    (d) As used in this section, the term State, Territory, or District 
of the United States means ``Guam, Hawaii, Puerto Rico, the Virgin 
Islands of the United States, or the continental United States.''



                              Subpart--Guam

                               Quarantine



Sec. 318.82  Notice of quarantine.

    (a) Pursuant to sections 8 and 9 of the Plant Quarantine Act of 
1912, as amended (7 U.S.C. 161, 162) and sections 103 and 106 of the 
Federal Plant Pest Act (7 U.S.C. 150bb, 150ee), and after public 
hearing, it has been determined that it is necessary to quarantine Guam 
to prevent the spread to other parts of the United States of dangerous 
insect infestations and plant diseases, which are new to or not 
heretofore widely prevalent or distributed within and throughout the 
United States, including among others: Icerya aegyptiaca (Dougl.), 
Xanthomonas citri (Hasse) Dowson, Aleurocanthus spiniferus (Q.), 
Phyllocnistis citrella (Stainton), Coccus viridis (Green), Anomala 
sulcatula Burm., Furcaspis oceanica Ldgr., Stephanoderes hampei (Ferr.), 
Pectinophora scutigera (Holdaway), Dacus dorsalis Hend., Dacus 
cucurbitae (Coq.), Marcua testulalis (Geyer), Lampides boeticus (L.), 
Prays endocarpa Meyr., Prodenia litura (F.), Euscepes postfasciatus 
(Fairm.), Earias fabia (Stoll), Elsinoe batatas (Saw.) Viegas and 
Jenkins, Uredo dioscoreae-alatae Rac., Cercospora batatae Zimm., 
Coniothyrium sp., Phyllosticta colocasiophila Weed., Xanthomonas 
vasculorum (Cobb) Dowson, Rhabdoscelus obscurus (Boisd.), Neomaskellia 
bergii (Sign.), Pyrausta nubilalis (Hbn.), Physoderma zeae-maydis Shaw, 
Leptocorisa acuta (Thunb.), Adoretus sinicus Burm., and Holotrichia 
mindanaona Brenske, as well as other plant pests, and Guam is hereby 
quarantined because of such insect infestations and diseases and other 
plant pests, and regulations are prescribed in this subpart governing 
the movement of carriers of these pests.
    (b) No plants or parts thereof capable of propagation; seeds; fruits 
or vegetables; cotton or cotton covers; sugarcane or parts or by-
products thereof; cereals; cut flowers; or packing materials; as such 
articles are defined in regulations supplemental hereto, shall be 
shipped, deposited for transmission in the mail, offered for shipment, 
received for transportation, carried, otherwise transported or moved, or 
allowed to be moved, by mail or otherwise, by any person from Guam into 
or through any other State, Territory, or District of the United States, 
in any manner or method or under conditions

[[Page 180]]

other than those prescribed in the regulations, as from time to time 
amended: Provided, That whenever the Deputy Administrator of the Plant 
Protection and Quarantine Programs shall find that existing conditions 
as to the pest risk involved in the movement from Guam of the articles 
designated herein, make it safe to modify, by making less stringent, the 
restrictions contained in any regulations in this subpart or in any 
other subpart in this chapter made applicable thereto by this subpart, 
he shall publish such findings in administrative instructions, 
specifying the manner in which the regulations should be made less 
stringent with respect to such movement, whereupon such modification 
shall become effective; or he may, when the public interests will permit 
in specific cases, upon notification to the consignor and to the 
consignee, authorize the interstate movement from Guam of the articles 
to which such regulations apply, under conditions that are less 
stringent than those contained in the regulations.
    (c) Regulations governing the movement of live plant pests 
designated in this section are contained in Part 330 of this chapter.

                               Regulations



Sec. 318.82-1  Definitions.

    Words used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. For the 
purposes of this subpart, unless the context otherwise requires, the 
following words shall be construed, respectively, to mean:
    (a) Plants. Trees, shrubs, vines, cuttings, grafts, scions, buds, 
herbaceous plants, bulbs, roots, and other plants and plant parts 
intended for propagation.
    (b) Seeds. The mature ovular bodies produced by flowering plants, 
containing embryos capable of developing into new plants by germination.
    (c) Fresh fruits and vegetables. The edible, more or less succulent, 
portions of food plants in the raw or unprocessed state.
    (d) Cotton and cotton covers. Any parts or products of plants of the 
genus Gossypium, including seed cotton; cottonseed; cotton lint, 
linters, and other forms of cotton fiber (not including yarn, thread, 
and cloth); cottonseed hulls, cake, meal, and other cottonseed products 
except oil; cotton waste, including gin waste and thread waste; and any 
other unmanufactured parts of cotton plants; and secondhand burlap and 
other fabrics, shredded or otherwise, which have been used, or are of 
the kinds ordinarily used, for containing cotton, grains (including 
grain products), field seeds, agricultural roots, rhizomes, tubers, or 
other underground crops.
    (e) Sugarcane or parts or by-products thereof. Stems of sugarcane 
(Saccharum spp.), or cuttings or parts thereof, sugarcane leaves, or 
bagasse or other parts of sugarcane plants, except seeds, not 
sufficiently processed to remove plant pest danger.
    (f) Cereals. Seed and other plant parts of all members of the grass 
family (Gramineae) which yield grain or seed suitable for food, 
including, but not limited to, wheat, rice, corn and related plants. 
This definition shall include straw, hulls, chaff and products of the 
milling process (but excluding flour) of such grains and seeds as well 
as stalks and all other parts of broomcorn.
    (g) Cut flower. The highly perishable commodity known in the 
commercial flower-producing industry as a cut flower, and being the 
severed portion of a plant, including the inflorescence, and any parts 
of the plant attached thereto, in a fresh state.
    (h) Packing materials. Any plant or plant product, or soil as 
defined in Sec. 330.100(t) of this chapter, or other substance 
associated with or accompanying any commodity or shipment to serve for 
filling, wrapping, ties, lining, mats, moisture retention, protection, 
or any other auxiliary purpose. The word ``packing,'' as used in the 
expression ``packing materials,'' shall include the presence of such 
materials within, in contact with, or accompanying such commodity or 
shipment.
    (i) Administrative instructions. Published documents relating to the 
enforcement of the regulations in this subpart, issued under the 
authority of such regulations by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.

[[Page 181]]

    (j) State, Territory, or District of the United States. Guam, 
Hawaii, Puerto Rico, the Virgin Islands of the United States, or the 
continental United States (including Alaska).
    (k) United States. The States, the District of Columbia, Guam, 
Hawaii, Puerto Rico, and the Virgin Islands of the United States.
    (l) Oceania. The islands of the Central and South Pacific, including 
Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, 
and the Malay Archipelago.
    (m) Far East. The countries of East and Southeast Asia, including 
Japan, Korea, Taiwan, the northeastern provinces of Manchuria, the 
Philippines, Indo-China, and India.



Sec. 318.82-2  Movement of regulated articles.

    (a) Plants, plant products, and other articles designated in 
Sec. 318.82 may be moved from Guam into or through any other State, 
Territory, or District of the United States only if, in the case of 
articles other than soil, they meet the strictest plant quarantine 
requirements for similar articles offered for entry into such State, 
Territory, or District from Oceania or the Far East under part 319 or 
part 321 of this chapter, except requirements for permits, foreign 
inspection certificates, notices of arrival, and notices of shipment 
from port of arrival, and in the case of soil if it meets the 
requirements of Sec. 330.300 of this chapter. If such similar articles 
cannot be imported into the particular State, Territory, or District 
from Oceania or the Far East under either part 319 or part 321 of this 
chapter, the interstate movement of the articles from Guam into or 
through such State, Territory or District shall be similarly prohibited. 
Plants, plant products, and other articles moved from Guam into or 
through any other State, Territory or District of the United States 
shall be subject to inspection at the port of first arrival in another 
part of the United States to determine whether they are free of plant 
pests and otherwise meet the requirements applicable to them under this 
subpart, and shall be subject to release, in accordance with 
Sec. 330.105(a) of this chapter as if they were foreign arrivals. Such 
articles shall be released only if they meet all applicable requirements 
under this subpart.
    (b) A release may be issued orally by the inspector when inspection 
of small quantities of regulated articles is involved except that a 
release issued in specific cases pursuant to the proviso in Sec. 318.82 
shall be in writing.
    (c) The appropriate provisions of part 352 of this chapter are 
hereby made applicable to the safeguarding of regulated articles from 
Guam temporarily in parts of the United States other than Guam, when 
landing therein is not intended or landing has been refused in 
accordance with this subpart. The movement of plant pests, means of 
conveyance, plants, plant products, and other products and articles from 
Guam into or through any other State, Territory, or District is also 
regulated by part 330 of this chapter.



Sec. 318.82-3  Costs.

    All costs incident to the inspection, handling, cleaning, 
safeguarding, treating, or other disposal of products or articles under 
this subpart, except for the services of an inspector during regularly 
assigned hours of duty and at the usual places of duty, shall be borne 
by the owner.



PART 319--FOREIGN QUARANTINE NOTICES--Table of Contents




                   Subpart--Foreign Cotton and Covers

                               Quarantine

Sec.
319.8  Notice of quarantine.
319.8a  Administrative instructions relating to the entry of cotton and 
          covers into Guam.

                          Regulations; General

319.8-1  Definitions.

        Conditions of Importation and Entry of Cotton and Covers

319.8-2  Permit procedure.
319.8-3  Refusal and cancellation of permits.
319.8-4  Notice of arrival.
319.8-5  Marking of containers.
319.8-6  Cottonseed cake and cottonseed meal.
319.8-7  Processed lint, linters, and waste.
319.8-8  Lint, linters, and waste.
319.8-9  Hull fiber and gin trash.
319.8-10  Covers.

[[Page 182]]

    Special Conditions for the Entry of Cotton and Covers From Mexico

319.8-11  From approved areas of Mexico.
319.8-12  From the West Coast of Mexico.
319.8-13  From Northwest Mexico.
319.8-14  Mexican cotton and covers not otherwise enterable.

                        Miscellaneous Provisions

319.8-16  Importation into United States of cotton and covers exported 
          therefrom.
319.8-17  Importation for exportation, and importation for 
          transportation and exportation; storage.
319.8-18  Samples.
319.8-19  Cottonseed or seed cotton for experimental or scientific 
          purposes.
319.8-20  Importations by the Department of Agriculture.
319.8-21  Release of cotton and covers after 18 months' storage.
319.8-22  Ports of entry or export.
319.8-23  Treatment.
319.8-24  Collection and disposal of waste.
319.8-25  Costs and charges.
319.8-26  Material refused entry.

                           Subpart--Sugarcane

319.15  Notice of quarantine.
319.15a  Administrative instructions and interpretation relating to 
          entry into Guam of bagasse and related sugarcane products.

            Subpart--Citrus Canker and Other Citrus Diseases

319.19  Notice of quarantine.

                         Subpart--Corn Diseases

                               Quarantine

319.24  Notice of quarantine.
319.24a  Administrative instructions relating to entry of corn into 
          Guam.

           Regulations Governing Entry of Indian Corn or Maize

319.24-1  Applications for permits for importation of corn.
319.24-2  Issuance of permits.
319.24-3  Marking as condition of entry.
319.24-4  Notice of arrival of corn by permittee.
319.24-5  Condition of entry.

                          Subpart--Citrus Fruit

319.28  Notice of quarantine.

  Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant 
                                Products

319.37  Prohibitions and restrictions on importation; disposal of 
          articles refused importation.
319.37-1  Definitions.
319.37-2  Prohibited articles.
319.37-3  Permits.
319.37-4  Inspection, treatment, and phytosanitary certificates of 
          inspection.
319.37-5  Special foreign inspection and certification requirements.
319.37-6  Specific treatment and other requirements.
319.37-7  Postentry quarantine.
319.37-8  Growing media.
319.37-9  Approved packing material.
319.37-10  Marking and identity.
319.37-11  Arrival notification.
319.37-12  Prohibited articles accompanying restricted articles.
319.37-13  Treatment and costs and charges for inspection and treatment.
319.37-14  Ports of entry.

      Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles

319.40-1  Definitions.
319.40-2  General prohibitions and restrictions; relation to other 
          regulations.
319.40-3  General permits; articles that may be imported without a 
          specific permit; articles that may be imported without either 
          a specific permit or an importer document.
319.40-4  Application for a permit to import regulated articles; 
          issuance and withdrawal of permits.
319.40-5  Importation and entry requirements for specified articles.
319.40-6  Universal importation options.
319.40-7  Treatments and safeguards.
319.40-8  Processing at facilities operating under compliance 
          agreements.
319.40-9  Inspection and other requirements at port of first arrival.
319.40-10  Costs and charges.
319.40-11  Plant pest risk assessment standards.

      Subpart--Indian Corn or Maize, Broomcorn, and Related Plants

                               Quarantine

319.41  Notice of quarantine.
319.41a  Administrative instructions relating to entry into Guam of 
          broomcorn, brooms, and similar articles.
319.41b  Administrative instructions prescribing conditions for entry of 
          broomstraw without treatment.

[[Page 183]]

                          Rules and Regulations

319.41-1  Plant products permitted entry.
319.41-2  Application for permits.
319.41-3  Issuance of permits.
319.41-4  Notice of arrival by permittee.
319.41-5  Condition of entry.
319.41-5a    Administrative instructions; method used for the 
          disinfection of imported broomcorn and broomcorn brooms.
319.41-6  Importations by mail.

                              Subpart--Rice

                               Quarantine

319.55  Notice of quarantine.
319.55a  Administrative instructions relating to entry of rice straw and 
          rice hulls into Guam.

                          Rules and Regulations

319.55-1  Definitions.
319.55-2  Application for permit.
319.55-3  Ports of entry.
319.55-4  Issuance of permits.
319.55-5  Notice of arrival by permittee.
319.55-6  Inspection and disinfection at port of arrival.
319.55-7  Importations by mail.

                     Subpart--Fruits and Vegetables

                               Quarantine

319.56  Notice of quarantine.
319.56a  Administrative instructions and interpretation relating to 
          entry into Guam of fruits and vegetables under Sec. 319.56.

                          Rules and Regulations

319.56-1  Definitions.
319.56-2  Restrictions on entry of fruits and vegetables.
319.56-2a    Permits required for entry of chestnuts and acorns and 
          certain coconuts.
319.56-2b    Administrative instructions; conditions governing the entry 
          of acorns and chestnuts.
319.56-2c    Administrative instructions authorizing the importation of 
          frozen fruits and vegetables.
319.56-2d    Administrative instructions for cold treatments of certain 
          imported fruits.
319.56-2e    Administrative instructions; conditions governing the entry 
          of cipollini from Morocco.
319.56-2f    [Reserved]
319.56-2g    Administrative instructions prescribing method of treatment 
          of garlic from specified countries.
319.56-2h    Regulations governing the entry of grapes from Australia.
319.56-2i    Administrative instructions prescribing treatments for 
          mangoes from Central America, Mexico, South America, and the 
          West Indies.
319.56-2j    Conditions governing the entry of apples and pears from 
          Australia (including Tasmania) and New Zealand.
319.56-2k    Administrative instructions prescribing method of 
          fumigation of field-grown grapes from specified countries.
319.56-2l    Administrative instructions prescribing method of treatment 
          of imported yams.
319.56-2m    Administrative instructions prescribing method of 
          fumigation of apricots, grapes, nectarines, peaches, plumcot, 
          and plums from Chile.
319.56-2n    Administrative instructions prescribing a combination 
          treatment of fumigation plus refrigeration for certain fruits.
319.56-2o    Administrative instructions prescribing method of treatment 
          of avocados for the Mediterranean fruit fly, the melon fly, 
          and the oriental fruit fly.
319.56-2p    Administrative instructions prescribing treatment and 
          relieving restrictions regarding importation of okra from 
          Mexico, the West Indies, and certain countries in South 
          America.
319.56-2q    Administrative instructions: Conditions governing the entry 
          of citrus from South Africa.
319.56-2r    Administrative instructions governing the entry of apples 
          and pears from certain countries in Europe.
319.56-2s    Administrative instructions governing the entry of 
          apricots, nectarines, peaches, plumcot, and plums from Chile.
319.56-2t    Administrative instructions: Conditions governing the entry 
          of certain fruits and vegetables.
319.56-2u    Conditions governing the entry of lettuce and peppers from 
          Israel.
319.56-2v    Conditions governing the entry of citrus from Australia.
319.56-2w  Administrative instruction; conditions governing the entry of 
          papayas from Brazil and Costa Rica.
319.56-2x    Administrative instructions; conditions governing the entry 
          of certain fruits and vegetables for which treatment is 
          required.
319.56-2y    Administrative instructions; conditions governing the entry 
          of cantaloupe and watermelon from Ecuador.
319.56-2z    Administrative instructions governing the entry of 
          cherimoyas from Chile.
319.56-2aa  Administrative instructions governing the entry of 
          cantaloupe, honeydew melons, and watermelon from Brazil and 
          Venezuela.
319.56-2bb    Administrative instructions governing movement of Hass 
          avocados from Mexico to Alaska.

[[Page 184]]

319.56-2cc    Administrative instructions governing the entry of Fuji 
          variety apples from Japan and the Republic of Korea.
319.56-2dd    Administrative instructions: Conditions governing the 
          entry of tomatoes.
319.56-2ee    Administrative instructions: Conditions governing the 
          entry of Ya variety pears from China.
319.56-2ff    Administrative instructions governing movement of Hass 
          avocados from Mexico to the Northeastern United States.
319.56-2gg  Administrative instructions; conditions governing the entry 
          of peppers from Spain.
319.56-3  Applications for permits for importation of fruits and 
          vegetables.
319.56-4  Issuance of permits.
319.56-5  Notice of arrival by permittee.
319.56-6  Inspection and other requirements at the port of first 
          arrival.
319.56-7  Inspection of baggage and cargo on the dock.
319.56-8  Territorial applicability.

                         Subpart--Wheat Diseases

319.59  Prohibitions on importation; disposal of articles refused 
          importation.
319.59-1  Definitions.
319.59-2  Prohibited articles.

                       Subpart--Packing Materials

                               Quarantine

319.69  Notice of quarantine.
319.69a  Administrative instructions and interpretation relating to the 
          entry into Guam of plant materials specified in Sec. 319.69.

                          Rules and Regulations

319.69-1  Definitions.
319.69-2  Freedom from pests.
319.69-3  Entry inspection.
319.69-4  Disposition of materials found in violation.
319.69-5  Types of soil authorized for packing.

                             Subpart--Coffee

319.73-1  Definitions.
319.73-2  Products prohibited importation.
319.73-3  Conditions for transit movement of certain products through 
          Puerto Rico or Hawaii.
319.73-4  Costs.

                          Subpart--Cut Flowers

319.74-1  Definitions.
319.74-2  Conditions governing the entry of cut flowers.
319.74-3  Importations by the Department.
319.74-4  Costs and charges.

                         Subpart--Khapra Beetle

319.75  Restrictions on importation of restricted articles; disposal of 
          articles refused importation.
319.75-1  Definitions.
319.75-2  Restricted articles.
319.75-3  Permits.
319.75-4  Treatments.
319.75-5  Marking and identity.
319.75-6  Arrival notification.
319.75-7  Costs and charges.
319.75-8  Ports of entry.
319.75-9  Inspection and phytosanitary certificate of inspection.

               Subpart--Exotic Bee Diseases and Parasites

319.76  Restrictions on importation of restricted articles; disposal of 
          articles refused importation.
319.76-1  Definitions.
319.76-2  Restricted articles.
319.76-3  Permits.
319.76-4  Inspections and treatments.
319.76-5  Marking and shipping.
319.76-6  Arrival notification.
319.76-7  Costs and charges.
319.76-8  Ports of entry.

              Subpart--Gypsy Moth Host Material from Canada

319.77-1  Definitions.
319.77-2  Regulated articles.
319.77-3  Gypsy moth infested areas in Canada.
319.77-4  Conditions for the importation of regulated articles.
319.77-5  Disposition of regulated articles denied entry.

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

    Source: 24 FR 10788, Dec. 29, 1959, unless otherwise noted.



                   Subpart--Foreign Cotton and Covers

                               Quarantine



Sec. 319.8  Notice of quarantine.

    (a) Pursuant to sections 5 and 7 of the Plant Quarantine Act of 
1912, as amended (7 U.S.C. 159, 160), and after the public hearing 
required thereunder, the Administrator of the Animal and Plant Health 
Inspection Service hereby determines that the unrestricted importation 
into the United States from

[[Page 185]]

all foreign countries and localities of (1) any parts or products of 
plants of the genus Gossypium, including seed cotton; cottonseed; cotton 
lint, linters, and other forms of cotton fiber (not including yarn, 
thread, and cloth); cottonseed hulls, cake, meal, and other cottonseed 
products, except oil; cotton waste, including gin waste and thread 
waste; and any other unmanufactured parts of cotton plants; and (2) 
second-hand burlap and other fabrics, shredded or otherwise, which have 
been used or are of the kinds ordinarily used, for containing cotton, 
grains (including grain products), field seeds, agricultural roots, 
rhizomes, tubers, or other underground crops, may result in the entry 
into the United States of the pink bollworm (Pectinophora gossypiella 
(Saund.)), the golden nematode of potatoes Heterodera rostochiensis 
Wr.), the flag smut disease (Urocystis tritici Koern.), and other 
injurious plant diseases and insect pests, and said Administrator hereby 
further determines, that, in order to prevent the introduction into the 
United States of said plant diseases and insect pests, which are new to 
or not heretofore widely prevalent or distributed within and throughout 
the United States, it is necessary to forbid the importation into the 
United States of the plants and products, including fabrics, specified 
above, except as permitted in the regulations supplemental hereto. 
Hereafter the plants and products specified above shall not be imported 
or offered for entry into the United States from any foreign country or 
locality except as permitted by said regulations, and the plants and 
products permitted by the regulations to be imported or offered for 
entry shall be subject to the provisions of sections 1, 2, 3, and 4 of 
said Plant Quarantine Act (7 U.S.C. 154, 156, 157, and 158): Provided, 
That whenever the Deputy Administrator of the Plant Protection and 
Quarantine Programs shall find the existing conditions as to pest risk 
involved in the importation of the articles to which the regulations 
supplemental hereto apply, make it safe to modify, by making less 
stringent the restrictions contained in any of such regulations, he 
shall publish such findings in the administrative instructions, 
specifying the manner in which the restrictions shall be made less 
stringent, whereupon such modification shall become effective; or he 
may, upon request in specific cases, when the public interests will 
permit, authorize such importation under conditions specified in the 
permit to carry out the purposes of this part that are less stringent 
than those contained in the regulations.
    (b) As used in this section the term ``United States'' shall have 
the meaning ascribed to it in the regulations supplemental hereto.

[24 FR 10788, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 
37 FR 10554, May 25, 1972]



Sec. 319.8a  Administrative instructions relating to the entry of cotton and covers into Guam.

    The plants and products specified in Sec. 319.8(a) may be imported 
into Guam without further permit, other than the authorization contained 
in this paragraph. Sections 319.8-2 and 319.8-3 shall not be applicable 
to such importations. In addition, such importations need not comply 
with the requirements of Sec. 319.8-4 relating to notice of arrival 
inasmuch as there is available to the inspector the essential 
information normally supplied by the importer at the time of 
importation. Sections 319.8-5 through 319.8-27 shall not be applicable 
to importations into Guam. Inspection of such importations may be made 
under the general authority of Sec. 330.105(a) of this chapter. If an 
importation is found infected, infested, or contaminated with any plant 
pest and is not subject to disposal under this part, disposition may be 
made in accordance with Sec. 330.106 of this chapter.

                          Regulations; General



Sec. 319.8-1  Definitions.

    For the purposes of the regulations in this subpart, the following 
words shall be construed, respectively, to mean:
    (a) Cotton. Parts and products of plants of the genus Gossypium, 
including seed cotton; cottonseed; cotton lint, linters and other forms 
of cotton fiber, not including yarn, thread and cloth; cottonseed hulls, 
cake, meal, and

[[Page 186]]

other cottonseed products, except oil; waste; and all other 
unmanufactured parts of cotton plants.
    (b) Seed cotton. Cotton as it comes from the field.
    (c) Cottonseed. Cottonseed from which the lint has been removed.
    (d) Lint. All forms of raw ginned cotton, either baled or unbaled, 
except linters and waste.
    (e) Linters. All forms of cotton fiber separated from cottonseed 
after the lint has been removed, excluding so-called hull fiber.
    (f) Waste. All forms of cotton waste derived from the manufacture of 
cotton lint, in any form or under any trade designation, including gin 
waste and thread waste; and waste products derived from the milling of 
cottonseed. Gin trash is not within the definition of waste.
    (g) Gin trash. All of the material produced during the cleaning and 
ginning of seed cotton, bollies or snapped cotton except the lint, 
cottonseed, and gin waste.
    (h) Covers. Second-hand burlap and other fabrics, shredded or 
otherwise, including any whole bag, any bag that has been slit open, and 
any part of a bag, which have been used, or are of the kinds ordinarily 
used, for containing cotton, grains (including grain products), field 
seeds, agricultural roots, rhizomes, tubers, or other underground crops. 
Burlap and other fabrics, when new or unused are excluded from this 
definition.
    (i) Uncompressed. Baled or packaged to a density not exceeding 
approximately 20 pounds per cubic foot.
    (j) Compressed. Compressed or pressed and baled or packaged to a 
density greater than approximately 20 pounds and less than approximately 
28 pounds per cubic foot.
    (k) Compressed to high density. Compressed or pressed and baled or 
packaged to a density of approximately 28 or more pounds per cubic foot.
    (l) Contamination (contaminate). Containing or bearing whole 
cottonseed or seed cotton or other material which may carry the pink 
bollworm, the golden nematode of potatoes, the flag smut disease, or 
other injurious plant diseases or insect pests. (The verb contaminate 
shall be construed accordingly.)
    (m) Samples. Samples of lint, linters, waste, cottonseed cake, and 
cottonseed meal, of the amount and character usually required for trade 
purposes.
    (n) United States. Any of the States, the District of Columbia, 
Guam, Puerto Rico, or the Virgin Islands of the United States.
    (o) North, northern. When used to designate ports of arrival, these 
terms mean the port of Norfolk, Virginia, and all Atlantic Coast ports 
north thereof, ports along the Canadian border, and Pacific Coast ports 
in the States of Washington and Oregon. When used in a geographic sense 
to designate areas or locations, these terms mean any State in which 
cotton is not grown commercially. However when cotton is grown 
commercially in certain portions of a State, as is the case in Illinois, 
Kansas, and Missouri, these terms include those portions of such State 
as may be determined by the Deputy Administrator of the Plant Protection 
and Quarantine Programs as remote from the main area of cotton 
production.
    (p) Approved areas of Mexico. Any areas of Mexico, other than those 
described in paragraphs (q) and (r) of this section, which are 
designated by the Deputy Administrator as areas in which cotton and 
cotton products are produced and handled under conditions comparable to 
those under which like cotton and cotton products are produced and 
handled in the generally infested pink bollworm regulated area in the 
United States.
    (q) West Coast of Mexico. The State of Sinaloa, the State of Sonora 
(except that part of the Imperial Valley lying between San Luis Mesa and 
the Colorado River), and the Southern Territory of Baja California, in 
Mexico.
    (r) Northwest Mexico. All of the State of Baja California, Mexico, 
and that part of the State of Sonora, Mexico, lying between San Luis 
Mesa and the Colorado River.
    (s) Treatment. Procedures administratively approved by the Deputy 
Administrator of the Plant Protection and Quarantine Programs for 
destroying infestations or infections of insect

[[Page 187]]

pests or plant diseases, such as fumigation, application of chemicals or 
dry or moist heat, or processing, utilization, or storage.
    (t) Permit. A form of authorization to allow the importation of 
cotton or covers in accordance with the regulations in this subpart.
    (u) Approved. Approved by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.
    (v) Approved fumigation facilities. Approved vacuum fumigation plant 
at a port where an inspector is available to supervise the fumigation.
    (w) Utilization. Processing or manufacture, in lieu of fumigation at 
time of entry, at a mill or plant specifically approved by the Deputy 
Administrator of the Plant Protection and Quarantine Programs. 1
---------------------------------------------------------------------------

    1  A list of approved mills and plants may be obtained from 
the Plant Protection and Quarantine Programs, Room 710, U.S. Appraisers 
Stores, 408 Atlantic Ave., Boston, Mass. 02210.
---------------------------------------------------------------------------

    (x) Authorized. Authorized by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.
    (y) Deputy Administrator, Plant Protection and Quarantine Programs. 
The Deputy Administrator of the Plant Protection and Quarantine 
Programs, or any officer or employee of the Plant Protection and 
Quarantine Programs to whom authority has heretofore been delegated or 
may hereafter be delegated to act in his stead.
    (z) Plant Protection and Quarantine Programs. The Plant Protection 
and Quarantine Programs, Animal and Plant Health Inspection Service, of 
the United States Department of Agriculture.
    (aa) Inspector. A properly identified employee of the U.S. 
Department of Agriculture or other person authorized by the Department 
to enforce the provisions of the Plant Quarantine Act.
    (bb) Person. Any individual, firm, corporation, company, society, or 
association, or any organized group of any of the foregoing.
    (cc) Root crop. The underground crop portions of any plants.
    (dd) Pink bollworm regulated area; generally infested pink bollworm 
regulated area. The pink bollworm regulated area consists of those 
States or parts thereof designated as regulated area in Administrative 
Instructions issued under Sec. 301.52-2 of this chapter. The generally 
infested pink bollworm regulated area is that part of the regulated area 
designated as generally infested in the said Administrative 
Instructions.
    (ee) Approved mill or plant. A mill or plant operating under a 
signed agreement with the Plant Protection and Quarantine Programs 
required for approval of a mill or plant as specified in Sec. 319.8-
8(a)(2).

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972]

        Conditions of Importation and Entry of Cotton and Covers



Sec. 319.8-2  Permit procedure.

    (a) Except as otherwise provided for in Secs. 319.8-10 and 319.8-18, 
permits shall be obtained for importations into the United States of all 
cotton and covers. Permits will be issued only for cotton and covers 
authorized entry under Secs. 319.8-6 through 319.8-20. Persons desiring 
to import cotton or covers under Secs. 319.8-6 through 319.8-20 shall, 
in advance of departure of such material from a foreign port, submit to 
the Plant Protection and Quarantine Programs an application \2\ stating 
the name and address of the importer, the country from which such 
material is to be imported, and the kind of cotton or covers it is 
desired to import. Applications to import cottonseed shall state the 
approximate quantity and the proposed United States port of entry. 
Applications to import lint, linters, or waste shall state whether such 
materials are compressed.
---------------------------------------------------------------------------

    \2\ Applications for permits should be made to Plant Importations 
Branch, Plant Protection and Quarantine Programs, 209 River Street, 
Hoboken, N.J. 07030.
---------------------------------------------------------------------------

    (b) Applications to import lint, linters, or waste at a port \3\ 
other than one in the North, in California, or on the Mexican Border 
shall also specify whether the commodity is compressed to high density.
---------------------------------------------------------------------------

     \3\Including ports in Guam, Hawaii, Puerto Rico, and the Virgin 
Islands of the United States.
---------------------------------------------------------------------------

    (c) Applications for permits may be made orally or on forms provided 
for

[[Page 188]]

the purpose by the Plant Protection and Quarantine Programs, or may be 
made by a letter or telegram containing all the information required by 
this section.
    (d) Upon receipt and approval of such application by the Plant 
Protection and Quarantine Programs, an individual or continuing permit 
will be issued authorizing the importation and specifying the port of 
entry and the conditions of entry. A copy of the permit will be supplied 
to the importer.
    (e) Upon receipt of an application to import lint, linters, waste, 
or covers, without treatment, for utilization under agreement as defined 
in Sec. 319.8-8(a)(2), an investigation will be made by an inspector to 
determine that the receiving mill or plant is satisfactorily located 
geographically, is equipped with all necessary safeguards, and is 
apparently in a position to fulfill all precautionary conditions to 
which it may agree. Upon determination by the inspector that these 
qualifications are fulfilled, the owner or operator of the mill or plant 
may sign an agreement specifying that the required precautionary 
conditions will be maintained. Such signed agreement will be a necessary 
requisite to the release at the port of entry of any imported lint, 
linters, waste, or covers for forwarding to and utilization at such mill 
or plant in lieu of vacuum fumigation or other treatment otherwise 
required by this subpart. Permits for the importation of such materials 
will be issued in accordance with paragraph (a) of this section.
    (f) Permits for importation of any cotton or covers are conditioned 
upon compliance with all requirements set forth therein and such 
additional requirements in this subpart as are in terms applicable 
thereto. Failure to comply with any such requirement will be deemed to 
invalidate the permit. Permits may also be cancelled or may be refused 
as provided in Sec. 319.8-3, or entry denied as provided in Secs. 319.8-
11, 319.8-12, and Sec. 319.8-13.
    (g) If through no fault of the importer a shipment of cotton or 
covers arrives at a United States port in advance of the issuance of a 
permit, it may be held, under suitable safeguards prescribed by the 
inspector at the port, in Customs custody at the risk of the importer, 
pending issuance of a permit, for a period not exceeding 20 days.
    (h) Pending development of adequate treating facilities in Guam, any 
cotton or covers that are subject to treatment as a condition of entry 
therein must first be entered and treated in accordance with the 
requirements of this subpart at a U.S. port of arrival where such 
treating facilities are available.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.8-3  Refusal and cancellation of permits.

    (a) Permits for entry from the West Coast of Mexico, as authorized 
in Sec. 319.8-12 of lint, linters, waste, cottonseed, and cottonseed 
hulls may be refused and existing permits cancelled by the Deputy 
Administrator if he has determined that the pink bollworm is present in 
the West Coast of Mexico or in Northwest Mexico, or that other 
conditions exist therein that would increase the hazard of pest 
introduction into the United States.
    (b) Permits for entry from Northwest Mexico as authorized in 
Sec. 319.8-13 of lint, linters, waste, cottonseed, cottonseed hulls, and 
covers that have been used for cotton, may be refused and existing 
permits cancelled by the Deputy Administrator if he has determined that 
the pink bollworm is present in Northwest Mexico or in the West Coast of 
Mexico, or that other conditions exist therein that would increase the 
hazard of pest introduction into the United States.

[27 FR 5389, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 319.8-4  Notice of arrival.

    Immediately upon arrival at a port of entry of any shipment of 
cotton or covers the importer shall submit in duplicate, through the 
United States Collector of Customs, or, in the case of Guam, through the 
Customs officer of the Government of Guam, and for the Plant Protection 
and Quarantine Programs, a notice of such arrival, on a form provided 
for that purpose (Form

[[Page 189]]

PQ-368) and shall give such information as is called for by that form.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.8-5  Marking of containers.

    Every bale or other container of cotton lint, linters, waste, or 
covers imported or offered for entry shall be plainly marked or tagged 
with a bale number or other mark to distinguish it from other bales or 
containers of similar material. Bales of lint, linters, and waste from 
approved areas of Mexico, the West Coast of Mexico, or Northwest Mexico 
shall be tagged or otherwise marked to show the gin or mill of origin 
unless they are immediately exported.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.8-6  Cottonseed cake and cottonseed meal.

    Entry of cottonseed cake and cottonseed meal will be authorized 
through any port at which the services of an inspector are available, 
subject to examination by an inspector for freedom from contamination. 
If found to be free of contamination, importations of such cottonseed 
cake and cottonseed meal will be released from further plant quarantine 
entry restrictions. If found to be contaminated such importations will 
be refused entry or subjected as a condition of entry to such safeguards 
as the inspector may prescribe, according to a method selected by him 
from administratively authorized procedures known to be effective under 
the conditions under which the safeguards are applied.



Sec. 319.8-7  Processed lint, linters, and waste.

    Entry of lint, linters, and waste will be authorized without 
treatment but upon compliance with other applicable requirements of this 
subpart when the inspector can determine that such lint, linters, and 
waste have been so processed by bleaching, dyeing, or other means, as to 
have removed all cottonseed or to have destroyed all insect life.



Sec. 319.8-8  Lint, linters, and waste.

    (a) Compressed to high density. (1)(i) Entry of lint, linters, and 
waste, compressed to high density, will be authorized subject to vacuum 
fumigation by approved methods at any port where approved fumigation 
facilities are available.
    (ii) Importations of such lint, linters, and waste, arriving at a 
northern port where there are no approved fumigation facilities may be 
entered for transportation in bond to another northern port where such 
facilities are available, for the required vacuum fumigation.
    (iii) Such lint, linters, and waste compressed to high density 
arriving at a port in the State of California where there are no 
approved fumigation facilities may be entered for immediate 
transportation in bond via an all-water route if available, otherwise by 
overland transportation in van-type trucks or box cars after approved 
surface treatment, or under such other conditions as may be deemed 
necessary and are prescribed by the inspector to (a) any port where 
approved fumigation facilities are available, there to receive the 
required vacuum fumigation before release, or (b) to an approved mill or 
plant for utilization.
    (2) Entry of lint, linters, and waste compressed to high density, 
will be authorized without vacuum fumigation at any northern port, 
subject to movement to an approved mill or plant, the owner or operator 
of which has executed an agreement with the Plant Protection and 
Quarantine Programs to the effect that, in consideration of the waiving, 
of vacuum fumigation as a condition of entry and the substitution of 
approved utilization therefor:
    (i) The lint, linters, and waste so entered will be processed or 
manufactured at the mill or plant and until so used will be retained 
thereat, unless written authority is granted by the Plant Protection and 
Quarantine Programs to move the material to another mill or plant;

[[Page 190]]

    (ii) Sanitary measures satisfactory to the Plant Protection and 
Quarantine Programs will be taken with respect to the collection and 
disposal of any waste, residues, and covers, including the collection 
and disposal of refuse from railroad cars, trucks, or other carriers 
used in transporting the material to the mill or plant;
    (iii) Inspectors of the Plant Protection and Quarantine Programs 
will have access to the mill or plant at any reasonable time to observe 
the methods of handling the material, the disposal of refuse, residues, 
waste, and covers, and otherwise to check compliance with the terms of 
the agreement;
    (iv) Such reports of the receipt and utilization of the material, 
and disposal of waste therefrom as may be required by the inspector will 
be submitted to him promptly;
    (v) Such other requirements as may be necessary in the opinion of 
the Deputy Administrator of the Plant Protection and Quarantine Programs 
to assure retention of the material, including all wastes and residues, 
at the mill or plant and its processing, utilization or disposal in a 
manner that will eliminate all pest risk, will be complied with.
    (3) Failure to comply with any of the conditions of an agreement 
specified in paragraph (a)(2) of this section may be cause for immediate 
cancellation of the agreement by the inspector and refusal to release, 
without vacuum fumigation, lint, linters, and waste for transportation 
to the mill or plant.
    (4) Agreements specified in paragraph (a)(2) of this section may be 
executed only with owners or operators of mills or plants located in 
States in which cotton is not grown commercially and at locations in 
such other States as may be administratively designated by the Deputy 
Administrator of the Plant Protection and Quarantine Programs after due 
consideration of possible pest risk involved and the proximity of 
growing cotton.
    (b) Uncompressed or compressed. (1)(i) Entry of uncompressed or 
compressed lint, linters, and waste will be authorized, subject to 
vacuum fumigation by approved methods, through any northern port, 
through any port in the State of California, and through any port on the 
Mexican Border, where approved fumigation facilities are available.
    (ii) Importations of such lint, linters, and waste arriving at a 
northern port where there are no approved fumigation facilities may be 
entered for immediate transportation in bond to another northern port 
where such facilities are available, for the required vacuum fumigation.
    (iii) Compressed lint, linters, and waste arriving at a port in the 
State of California where there are no approved fumigation facilities 
may be entered for immediate transportation in bond by an all-water 
route if available, otherwise by overland transportation in van-type 
trucks or box cars after approved surface treatment, or under such other 
conditions as may be deemed necessary and are prescribed by the 
inspector, to any port in California or any northern port where approved 
fumigation facilities are available, there to receive the required 
vacuum fumigation before release, or to any northern port for movement 
to an approved mill or plant for utilization.
    (iv) Uncompressed lint, linters, and waste arriving at a port in the 
State of California where there are no approved fumigation facilities 
may be entered for immediate transportation in bond by an all-water 
route to any port in California or any northern port where approved 
fumigation facilities are available, there to receive the required 
vacuum fumigation before release, or to a northern port for movement to 
an approved mill or plant for utilization.
    (2) Entry without vacuum fumigation will be authorized for 
compressed lint, linters, and waste, and for uncompressed waste derived 
from cotton milled in countries that do not produce cotton, \4\ arriving 
at a northern

[[Page 191]]

port, subject to movement to an approved mill or plant.
---------------------------------------------------------------------------

     \4\For the purposes of this subpart the following countries are 
considered to be those in which cotton is not produced: Austria, 
Belgium, Canada, Denmark, Republic of Ireland (Eire), Finland, France, 
Germany (both East and West), Great Britain and Northern Ireland (United 
Kingdom), Iceland, Liechtenstein, Luxembourg, Netherlands, Norway, 
Portugal, Sweden, and Switzerland.

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36 
FR 24917, Dec. 24, 1971]



Sec. 319.8-9  Hull fiber and gin trash.

    (a) Entry of hull fiber will be authorized under the same conditions 
as are applicable to waste under this subpart.
    (b) Gin trash may be imported only under the provisions of 
Sec. 319.8-20.

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962]



Sec. 319.8-10  Covers.

    (a) Entry of covers (including bags, slit bags, and parts of bags) 
which have been used as containers for cotton grown or processed in 
countries other than the United States may be authorized either (1) 
through a Mexican border port named in the permit for vacuum fumigation 
by an approved method in that part of the United States within the 
generally infested pink bollworm regulated area; or (2) through a 
northern port or a port in the State of California subject to vacuum 
fumigation by an approved method or without vacuum fumigation when the 
covers are to be moved to an approved mill or plant for utilization. 
When such covers are forwarded from a northern port to a mill or plant 
in California for utilization, or from a California port to another 
California or northern port for vacuum fumigation thereat or for 
movement to a mill or plant for utilization such movement shall be made 
by an all-water route unless the bales are compressed to a density of 20 
pounds or more per cubic foot in which case the bales may be moved 
overland in van-type trucks or box cars if all-water transportation is 
not available. Such overland movement may be made only after approved 
surface treatment or under such other conditions as may be deemed 
necessary and are prescribed by the inspector. When such covers arrive 
at a port other than a northern, California, or Mexican border port they 
will be required to be transported therefrom immediately in bond by an 
all-water route to a northern or California port where approved vacuum 
fumigation facilities are available for vacuum fumigation thereat by an 
approved method or for forwarding therefrom to an approved mill or plant 
for utilization.
    (b) American cotton bagging, commonly known as coarse gunny, which 
has been used to cover only cotton grown or processed in the United 
States, may be authorized entry at any port under permit and upon 
compliance with Secs. 319.8-4 and 319.8-5, without fumigation or other 
treatment. Marking patches of the finer burlaps or other fabrics when 
attached to bales of such bagging may be disregarded if, in the judgment 
of the inspector, they do not present a risk of carrying live pink 
bollworms, golden nematode cysts or flag smut spores.
    (c) Bags, slit bags, parts of bags, and other covers which have been 
used as containers for root crops or are of a kind ordinarily used as 
containers for root crops may be authorized entry subject to immediate 
treatment in such manner and according to such method as the inspector 
may select from administratively authorized procedures known to be 
effective under the conditions under which the treatment is applied, and 
subject to any additional safeguard measures that may be prescribed by 
the inspector pursuant to Sec. 319.8-24, or that he may prescribe in 
regard to the manner of discharge from the carrier and conveyance to the 
place of treatment: Provided, That such covers may be authorized entry 
from Canada without treatment as prescribed in this paragraph unless the 
covers are found to be contaminated.
    (d) Bags, slit bags, parts of bags, and other covers that have been 
used as containers for wheat or wheat products that have not been so 
processed as to have destroyed all flag smut disease spores, or that 
have been used as containers for field seeds separated from wheat during 
the process of screening, and which arrive from a country named in 
Sec. 319.59-2(a)(2) of this part, if intended for reuse in this country 
as grain containers may be authorized entry, subject to immediate 
treatment at the port of arrival. If such covers are not intended to be 
reused in this country as grain containers their entry may be authorized 
subject to movement for utilization to an approved mill or plant

[[Page 192]]

the owner or operator of which has executed an appropriate agreement 
with the Plant Protection and Quarantine Programs similar to that 
described in Sec. 319.8-8(a)(2). Covers coming within this paragraph 
only, may be entered without permit other than the authorization 
provided in this paragraph and without other restriction under this 
subpart upon presentation to an inspector of satisfactory evidence that 
they have been used only for grains exported from the United States and 
are being returned empty without use abroad and that while abroad they 
have been handled in a manner to prevent their contamination.
    (e) When upon arrival at a port of entry any shipment of bags, slit 
bags, parts of bags, or other covers, is found to include one or more 
bales containing material the importation of which is regulated by 
paragraph (a), (c), or (d) of this section, the entire shipment, or any 
portion thereof, may be required by the inspector to be treated as 
specified in the applicable paragraph.
    (f) If upon their arrival at a port of entry covers are classified 
by the inspector as coming within more than one paragraph of this 
section, they will be authorized entry only upon compliance with such 
requirements of the applicable paragraphs as the inspector may deem 
necessary to prevent the introduction of plant diseases and insect 
pests.
    (g) Notwithstanding the provisions of any other paragraph of this 
section the entry from any country of bags, slit bags, parts of bags, 
and other covers will be authorized without treatment but upon 
compliance with other applicable sections of this subpart if the 
inspector finds that they have obviously not been used in a manner that 
would contaminate them or when in the inspector's opinion there is 
otherwise no plant pest risk associated with their entry.

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 
FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]

    Special Conditions for the Entry of Cotton and Covers From Mexico

    Source: Sections 319.8-11 through 319.8-14 appear at 27 FR 5309, 
June 7, 1962, unless otherwise noted.



Sec. 319.8-11  From approved areas of Mexico.

    (a) Entry of lint, linters, and waste (including gin and oil mill 
wastes) which were derived from cotton grown in, and which were produced 
and handled only in approved areas of Mexico \5\ may be authorized 
through Mexican Border ports in Texas named in the permits
---------------------------------------------------------------------------

    \5\ See Sec. 319.8-1(p) for definition of ``Approved areas of 
Mexico.'' These are within that part of Mexico not included in the 
``West Coast of Mexico'' (Sec. 319.8-1(q)) or ``Northwest Mexico'' 
(Sec. 319.8-1(r)).
---------------------------------------------------------------------------

    (1) For movement into the generally infested pink bollworm regulated 
area such products becoming subject immediately upon release by the 
inspector to the requirements, in Sec. 301.52 of this chapter, 
applicable to like products originating in the pink bollworm regulated 
area, or
    (2) For movement to an approved mill or plant for utilization, or
    (3) For movement to New Orleans for immediate vacuum fumigation.
    (b) Entry of cottonseed or cottonseed hulls in bulk, or in covers 
that are new or which have not been used previously to contain cotton or 
unmanufactured cotton products, may be authorized through Mexican Border 
ports in Texas named in the permits, for movement into the generally 
infested pink bollworm regulated area when certified by an inspector as 
having been produced in an approved area and handled subsequently in a 
manner satisfactory to the inspector. Upon arrival in the generally 
infested pink bollworm regulated area such cottonseed or cottonseed 
hulls will be released from further plant quarantine entry requirements 
and shall become subject immediately

[[Page 193]]

to the requirements in Sec. 301.52 of this chapter.

[27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998]



Sec. 319.8-12  From the West Coast of Mexico.

    Contingent upon continued freedom of the West Coast of Mexico and of 
Northwest Mexico from infestations of the pink bollworm, entry of the 
following products may be authorized under permit subject to inspection 
to determine freedom from hazardous plant pest conditions:
    (a) Compressed lint and linters.
    (b) Uncompressed lint and linters for movement into the generally 
infested pink bollworm regulated area, movement thereafter to be in 
accordance with Sec. 301.52 of this chapter.
    (c) Compressed or uncompressed cotton waste for movement under bond 
to Fabens, Texas, for vacuum fumigation after which it will be released 
from further plant quarantine entry requirements.
    (d) Cottonseed when certified by an inspector as having been 
treated, stored, and transported in a manner satisfactory to the Deputy 
Administrator.
    (e) Untreated, non-certified cottonseed contained in new bags for 
movement by special manifest to any destination in the generally 
infested pink bollworm regulated area, movement thereafter to be in 
accordance with Sec. 301.52 of this chapter.
    (f) Cottonseed hulls when certified by an inspector as having been 
treated, stored, and transported in a manner satisfactory to the Deputy 
Administrator.
    (g) Any cotton products for movement through Mexican border ports in 
Texas directly into the generally infested pink bollworm regulated area, 
movement thereafter to be in accordance with Sec. 301.52 of this 
chapter.

[27 FR 5309, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 319.8-13  From Northwest Mexico.

    Contingent upon continued freedom of Northwest Mexico and of the 
West Coast of Mexico from infestations of the pink bollworm and other 
plant pest conditions that would increase risk of pest introduction into 
the United States with importations authorized under this section, entry 
of the following products may be authorized under permit subject to 
inspection upon arrival to determine freedom from hazardous plant pest 
conditions:
    (a) Lint, linters, and waste.
    (b) Cottonseed.
    (c) Cottonseed hulls.
    (d) Covers that have been used for cotton only.



Sec. 319.8-14  Mexican cotton and covers not otherwise enterable.

    Mexican cotton and covers not enterable under Sec. 319.8-11, 
Sec. 319.8-12, or Sec. 319.8-13 may be entered in accordance with 
Secs. 319.8-6 through 319.8-10 and Secs. 319.8-16 through 319.8-20 
insofar as said sections are applicable.

                        Miscellaneous Provisions



Sec. 319.8-16  Importation into United States of cotton and covers exported therefrom.

    (a) Cotton and covers grown, produced, or handled in the United 
States and exported therefrom, and in the original bales or other 
containers in which such material was exported therefrom, may be 
imported into the United States at any port under permit, without vacuum 
fumigation or other treatment or restriction as to utilization, upon 
compliance with Secs. 319.8-2, 319.8-4, and Sec. 319.8-5, and upon the 
submission of evidence satisfactory to the inspector that such material 
was grown, produced, or handled in the United States and does not 
constitute a risk of introducing the pink bollworm into the United 
States.
    (b) Cotton and covers of foreign origin imported into the United 
States in accordance with this subpart and exported therefrom, when in 
the original bales or other original containers, may be reimported into 
the United States under the conditions specified in paragraph (a) of 
this section.



Sec. 319.8-17  Importation for exportation, and importation for transportation and exportation; storage.

    (a) Importation of cotton and covers for exportation, or for 
transportation and exportation, in accordance with

[[Page 194]]

this subpart shall also be subject to Secs. 352.1 through 352.8 of this 
chapter, as amended.
    (b) Importation at northern ports of unfumigated lint, linters, 
waste, cottonseed cake, cottonseed meal and covers used only for cotton, 
for exportation or for transportation and exportation through another 
northern port, may be authorized by the inspector under permit if, in 
his judgment, such procedures can be authorized without risk of 
introducing the pink bollworm.
    (c) Entry under permit of lint, linters, or waste compressed to high 
density will be authorized for purposes of storage in the north pending 
exportation, fumigation, or utilization in an approved mill or plant 
provided the owner or operator of such proposed storage place has 
executed an agreement with the Plant Protection and Quarantine Programs 
similar to those required for mills or plants to utilize lint, linters, 
and waste as specified in Sec. 319.8-8(a)(2), and provided further that
    (1) Inspectors are available to supervise the storage,
    (2) The bales of material to be stored are free from surface 
contamination,
    (3) The material is kept segregated from other cotton and covers in 
a manner satisfactory to the inspector, and
    (4) The waste is collected and disposed of in a manner satisfactory 
to the inspector.
    (d) Except as provided in Sec. 319.8-23(a)(4), compressed lint, 
linters, and waste, uncompressed waste derived from cotton milled in a 
non-cotton-producing country,\6\ and covers, arriving at a port in the 
north for entry for exportation, vacuum fumigation, or utilization in 
accordance with the requirements in this subpart, may be allowed 
movement in Customs custody for storage at a point in the north pending 
such exportation, or movement to an approved mill or plant for vacuum 
fumigation or utilization, when there are inspectors available to 
supervise such storage, if the bales are free of surface contamination, 
if they are kept segregated from other cotton and covers in a manner 
satisfactory to the inspector, and if waste is collected and disposed of 
in a manner satisfactory to the inspector. Such lint, linters, waste, 
and covers shall remain under Customs custody until released by the 
inspector.
---------------------------------------------------------------------------

    \6\ For the purposes of this subpart the following countries are 
considered as non-cotton-producing countries: Austria, Belgium, Canada, 
Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom), 
Iceland, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, 
Sweden and Switzerland.
---------------------------------------------------------------------------

    (e) Importation of lint, linters, and waste from Mexico for 
transportation and exportation will be authorized under permit if such 
material is compressed before, or immediately upon entering into the 
United States, or is compressed while en route to the port of export at 
a compress specifically authorized in the permit. The ports of export 
which may be named in the permit shall be limited to those that have 
been administratively approved for such exportation. Storage of such 
compressed cotton may be authorized, in approved bonded warehouses in 
Texas.
    (f) Entry of uncompressed lint, linters, and waste from Mexico may 
be authorized at ports named in the permit for exportation at ports 
within the generally infested pink bollworm regulated area or for 
transportation and exportation via rail to Canada under such conditions 
and over such routes as may be specified in the permit.

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36 
FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]



Sec. 319.8-18  Samples.

    (a) Samples of lint, linters, waste, cottonseed cake, and cottonseed 
meal may be entered without further permit other than the authorization 
contained in this section, but subject to inspection and such treatment 
as the inspector may deem necessary. Samples which represent either such 
products of United States origin or such products imported into the 
United States in accordance with the requirements of this subpart, and 
which were exported from the United States, may be entered into the 
United States without inspection when the inspector is satisfied as to 
the identity of the samples.
    (b) Samples of cottonseed or seed cotton may be entered subject to 
the conditions and requirements provided in Secs. 319.8-2, 319.8-4, and 
319.8-19.

[[Page 195]]

    (c) Bales or other containers of cotton shall not be broken or 
opened for sampling and samples shall not be drawn until the inspector 
has so authorized and has prescribed the conditions and safeguards under 
which such samples shall be obtained.



Sec. 319.8-19  Cottonseed or seed cotton for experimental or scientific purposes.

    Entry of small quantities of cottonseed or seed cotton for 
experimental or scientific purposes may be authorized through such ports 
as may be named in the permit, and shall be subject to such special 
conditions as shall be set forth in the permit to provide adequate 
safeguards against pest entry.



Sec. 319.8-20  Importations by the Department of Agriculture.

    Cotton and covers may be imported by the Department of Agriculture 
for experimental or scientific purposes under such conditions as may be 
prescribed by the Deputy Administrator of the Plant Protection and 
Quarantine Programs, which conditions may include clearance through the 
New Crops Research Branch of the Plant Science Research Division, 
Agricultural Research Services.



Sec. 319.8-21  Release of cotton and covers after 18 months' storage.

    Cotton and covers, the entry of which has been authorized subject to 
vacuum fumigation or other treatment because of the pink bollworm only, 
and which have not received such treatment but have been stored for a 
period of 18 months or more will be released from further plant 
quarantine entry restrictions.



Sec. 319.8-22  Ports of entry or export.

    When ports of entry or export are not specifically designated in 
this subpart but are left to the judgment of the inspector, the 
inspector shall designate only such ports as have been administratively 
approved for such entry or export.



Sec. 319.8-23  Treatment.

    (a)(1) Vacuum fumigation as required in this subpart shall consist 
of fumigation, in a vacuum fumigation plant approved by the Deputy 
Administrator of the Plant Protection and Quarantine Programs, under the 
supervision of an inspector and to his satisfaction. Continued approval 
of the plant will be contingent upon the granting by the operator 
thereof, to the inspector, of access to all parts of the plant at all 
reasonable hours for the purpose of supervising sanitary and other 
operating conditions, checking the efficacy of the apparatus and 
chemical operations, and determining that wastage has been cleaned up 
and disposed of in a manner satisfactory to the inspector; and upon the 
maintenance at the plant of conditions satisfactory to the inspector.
    (2) After cotton and covers have been vacuum fumigated they shall be 
so marked under the supervision of an inspector. Such material may 
thereafter be distributed, forwarded, or shipped without further plant 
quarantine entry restriction.
    (3) Cotton and covers held by an importer for vacuum fumigation must 
be stored under conditions satisfactory to the inspector.
    (4) Prompt vacuum fumigation of cotton and covers (other than high 
density cotton free of surface contamination) will be required at non-
northern ports. Similar prompt vacuum fumigation will be required at 
Norfolk, Virginia, during the period June 15 to October 15 of each year, 
except for covers which have been used to contain only lint, linters, or 
waste, and the bales of which are compressed to a density of 28 or more 
pounds per cubic foot and are free of surface contamination.
    (b) An inspector may authorize the substitution of processing, 
utilization, or other form of treatment for vacuum fumigation when in 
his opinion such other treatment, selected by him from administratively 
authorized procedures, will be effective in eliminating infestation of 
the pink bollworm.



Sec. 319.8-24  Collection and disposal of waste.

    (a) Importers shall handle imported, unfumigated cotton and covers 
in a manner to avoid waste. If waste does occur, the importer or his 
agent shall collect and dispose of such waste in a manner satisfactory 
to the inspector.

[[Page 196]]

    (b) If, in the judgment of an inspector, it is necessary as a 
safeguard against risk of pest dispersal to clean railway cars, 
lighters, trucks, and other vehicles and vessels used for transporting 
such cotton or covers, or to clean piers, warehouses, fumigation plants, 
mills, or other premises used in connection with importation of such 
cotton or covers, the importer or his agent shall perform such cleaning, 
in a manner satisfactory to the inspector.
    (c) All costs incident to such collection, disposal, and cleaning 
other than the services of the inspector during his regular tour of duty 
and at the usual place of duty, shall be borne by the importer or his 
agent.



Sec. 319.8-25  Costs and charges.

    The services of the inspector during regularly assigned hours of 
duty and at the usual places of duty shall be furnished without cost to 
the importer. The Plant Protection and Quarantine Programs will not 
assume responsibility for any costs or charges, other than those 
indicated in this section, in connection with the entry, inspection, 
treatment, conditioning, storage, forwarding, or any other operation of 
any character incidental to the physical entry of an importation of a 
restricted material.



Sec. 319.8-26  Material refused entry.

    Any material refused entry for noncompliance with the requirements 
of this subpart shall be promptly removed from the United States or 
abandoned by the importer for destruction, and pending such action shall 
be subject to the immediate application of such safeguards against 
escape of plant pests as the inspector may prescribe. If such material 
is not promptly safeguarded by the importer, removed from the United 
States, or abandoned for destruction to the satisfaction of the 
inspector it may be seized, destroyed, or otherwise disposed of in 
accordance with section 10 of the Plant Quarantine Act (7 U.S.C. 164a). 
Neither the Department of Agriculture nor the inspector will be 
responsible for any costs accruing for demurrage, shipping charges, 
cartage, labor, chemicals, or other expenses incidental to the 
safeguarding or disposal of material refused entry by the inspector, nor 
will the Department of Agriculture or the inspector assume 
responsibility for the value of material destroyed.



                           Subpart--Sugarcane



Sec. 319.15  Notice of quarantine.

    (a) On and after October 1, 1934, under authority conferred by the 
Plant Quarantine Act approved August 20, 1912 (37 Stat. 315; 7 U.S.C. 
151-167), as amended, the importation into the United States of canes of 
sugarcane, or cuttings or parts thereof, sugarcane leaves, the bagasse, 
from all foreign countries and localities, is prohibited: Provided, That 
this prohibition shall not apply to importations by the U.S. Department 
of Agriculture for scientific or experimental purposes, nor to 
importations of specific materials which the Department may authorize 
under permit on condition that they have been or are to be so treated, 
processed, or manufactured that, in the judgment of the Department, 
their entry will involve no pest risk: Provided further, That whenever 
the Deputy Administrator of the Plant Protection and Quarantine Programs 
shall find that existing conditions as to pest risk involved in the 
importation of bagasse and related sugarcane products into Guam, make it 
safe to modify by making less stringent the restrictions of this section 
with respect to such importation, he shall publish such finding in 
administrative instructions, specifying the manner in which the 
restrictions shall be made less stringent and imposing such conditions 
on such importation as he deems necessary to carry out the purposes of 
this section, whereupon such modification shall become effective.
    (b) As used in this subpart, unless the context otherwise requires, 
the term ``United States'' means the States, the District of Columbia, 
Guam, Puerto Rico, and the Virgin Islands of the United States.



Sec. 319.15a  Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products.

    Bagasse and related sugarcane products have been so processed that, 
in the

[[Page 197]]

judgment of the Department, their importation into Guam will involve no 
pest risk, and they may be imported into Guam without further permit, 
other than the authorization contained in this paragraph. Such 
importations may be made without the submission of a notice of arrival 
inasmuch as there is available to the inspector the essential 
information normally supplied by the importer at the time of 
importation. Inspection of such importations may be made under the 
general authority of Sec. 330.105(a) of this chapter. If an importation 
is found infected, infested, or contaminated with any plant pest and is 
not subject to disposal under this part, disposition may be made in 
accordance with Sec. 330.106 of this chapter.



            Subpart--Citrus Canker and Other Citrus Diseases



Sec. 319.19  Notice of quarantine.

    (a) In order to prevent the introduction into the United States of 
the citrus canker disease (Xanthomonas citri (Hasse) Dowson) and other 
citrus diseases, the importation into the United States of plants or any 
plant part, except fruit and seeds, of all genera, species, and 
varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae 
of the botanical family Rutaceae is prohibited, except as provided in 
paragraphs (b), (c), and (d) of this section.
    (b) Plants or plant parts of all genera, species, and varieties of 
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae may be imported into the United States for 
experimental or scientific purposes in accordance with conditions 
prescribed by the Administrator, Animal and Plant Health Inspection 
Service, United States Department of Agriculture.
    (c) Plants or plant parts of all genera, species, and varieties of 
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae may be imported into Guam in accordance with 
Sec. 319.37-6.
    (d) Plants or plant parts of all genera, species, and varieties of 
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae that are regulated articles under 
Secs. 319.40-1 through 319.40-11 may be imported into the United States 
in accordance with Secs. 319.40-1 through 319.40-11 and without 
restriction by this subpart.
    (e) As used in this section unless the context otherwise requires, 
the term ``United States'' means the continental United States, Guam, 
Hawaii, Puerto Rico, and the Virgin Islands of the United States.

[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27674, May 25, 1995]



                         Subpart--Corn Diseases

                               Quarantine



Sec. 319.24  Notice of quarantine.

    (a) The fact has been determined by the Secretary of Agriculture, 
and notice is hereby given, that maize or Indian corn (Zea mays L.) and 
closely related plants are subject to certain injurious diseases, 
especially Peronospora maydis Raciborski, Sclerospora sacchari Miyake 
and other downy mildews; also the Physoderma diseases of maize, 
Physoderma zeae-maydis Shaw, and Physoderma maydis Miyake, new to and 
not heretofore widely prevalent or distributed within and throughout the 
United States, and that these diseases occur in southeastern Asia 
(including India, Siam, Indo-China and China), Malayan Archipelago, 
Australia, Oceania, Philippine Islands, Formosa, Japan, and adjacent 
islands.
    (b) Except as provided for in paragraph (d) of this section for corn 
seed from New Zealand, on and after July 1, 1916, and until further 
notice, by virtue of section 7 of the act of Congress approved August 
20, 1912, known as the ``Plant Quarantine Act'' (37 Stat. 317; 7 U.S.C. 
160), the importation into the United States, in the raw or 
unmanufactured state, from southeastern Asia (including India, Siam 
Indo-China and China), Malayan Archipelago, Australia, New Zealand, 
Oceania, Philippine Islands, Formosa, Manchuria, Japan, and adjacent 
islands, of seed and all other portions of Indian corn or maize (Zea 
mays L.), and the closely related plants, including all species of 
Teosinte (Euchlaena), jobs-tears (Coix), Polytoca, Chionachne, and 
Sclerachne,

[[Page 198]]

except for experimental or scientific purposes by the Department of 
Agriculture, except as provided in the regulations supplemental hereto, 
is prohibited: Provided, That whenever the Deputy Administrator of the 
Plant Protection and Quarantine Programs shall find that existing 
conditions as to pest risk involved in the importation of the articles 
to which the regulations supplemental thereto apply, make it safe to 
modify, by making less stringent, the restrictions contained in any of 
such regulations, he shall publish such findings in administrative 
instructions, specifying the manner in which the regulations shall be 
made less stringent, whereupon such modification shall become effective; 
or he may, when the public interests will permit, with respect to the 
importation of such articles into Guam, upon request in specific cases, 
authorize such importation under conditions, specified in the permit to 
carry out the purposes of this subpart, that are less stringent than 
those contained in the regulations.
    (c) As used in this subpart, unless the context otherwise requires, 
the term ``United States'' means the States, the District of Columbia, 
Guam, Puerto Rico, and the Virgin Islands of the United States.
    (d) Seed of Indian corn or maize (Zea mays L.) that is free from the 
cob and from all other parts of corn may be imported into the United 
States from New Zealand without further restriction.

[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993]



Sec. 319.24a  Administrative instructions relating to entry of corn into Guam.

    Corn may be imported into Guam without further permit, other than 
the authorization contained in this section but subject to compliance 
with Sec. 319.24-3. Such imports need not comply with the notice of 
arrival requirements of Sec. 319.24-4 inasmuch as information equivalent 
to that in a notice of arrival is available to the inspector from 
another source. Section 319.24-5 shall not be applicable to importations 
of corn into Guam. Such importations shall be subject to inspection at 
the port of entry. Corn found upon inspection to contain disease 
infection will be subject to sterilization in accordance with methods 
selected by the inspector from administratively authorized procedures 
known to be effective under the conditions in which applied.

           Regulations Governing Entry of Indian Corn or Maize



Sec. 319.24-1  Applications for permits for importation of corn.

    Persons contemplating the importation of corn into the United States 
shall, before shipping the corn, make application for a permit, on forms 
provided for that purpose, to the Deputy Administrator of the Plant 
Protection and Quarantine Programs, Department of Agriculture, 
Washington, DC, stating the name and address of the exporter, the 
country and locality where grown, the port of departure, the proposed 
port of entry, and the name and address of the importer or of the broker 
in the United States to whom the permit should be sent.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.24-2  Issuance of permits.

    (a) Upon receipt of an application and upon approval by an inspector 
a permit will be issued specifying the conditions of entry and the port 
of entry to carry out the purposes of this subpart, and a copy will be 
supplied to the importer.
    (b) Further permits may be refused and existing permits revoked, if 
the application therefor does not correctly give the locality where the 
corn was grown, or is false or deceptive in any material particular.



Sec. 319.24-3  Marking as condition of entry.

    Every bag or other container of corn offered for entry shall be 
plainly marked with such numbers or marks as

[[Page 199]]

will make it easily possible to associate the bags or containers with a 
particular importation.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.24-4  Notice of arrival of corn by permittee.

    Immediately upon the arrival of the corn at the port of entry the 
permittee shall submit, in duplicate, notice to the Plant Protection and 
Quarantine Programs, through the United States Collector of Customs, or, 
in the case of Guam, through the Customs officer of the Government of 
Guam, on forms provided for that purpose, stating the number of the 
permit, the number of bags or other containers of corn included in the 
shipment, the bag or other container numbers or marks, the country and 
locality where the corn was grown, the name and address of the exporter 
or foreign shipper, the port of departure, the date of arrival, the name 
of the ship or vessel, and the designation of the dock where the corn is 
to be landed.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.24-5  Condition of entry.

    The corn shall not be removed from the port of entry, nor shall any 
bag or other container thereof be broken or opened, except for the 
purpose of sterilization, until a written notice is given to the United 
States Collector of Customs, or, in the case of Guam, the Customs 
officer of the Government of Guam, by an inspector of the Plant 
Protection and Quarantine Programs, that the corn has been properly 
sterilized and released for entry without further restrictions so far as 
the jurisdiction of the Department of Agriculture extends thereto. All 
apparatus and methods for accomplishing such sterilization must be 
satisfactory to the Plant Protection and Quarantine Programs. Corn will 
be delivered to the permittee for sterilization, upon the filing with 
the appropriate customs official of a bond in the amount of $5,000, or 
in an amount equal to the invoice value of the corn if such value is 
less than $5,000, with approved sureties, and conditioned upon 
sterilization of the corn under the supervision and the satisfaction of 
an inspector of the Plant Protection and Quarantine Programs; and upon 
the redelivery of the corn to said customs official within 40 days from 
the arrival of the corn at the port of entry.



                          Subpart--Citrus Fruit

    Note: Citrus nursery stock, except seeds, is prohibited entry from 
all foreign countries and localities by the citrus nursery stock 
quarantine No. 19 (Sec. 319.19).
    The importation from all foreign countries of fruits of citrus and 
citrus relatives, other than those specified in this subpart, is 
restricted by the provisions of fruit and vegetable quarantine No. 56 
(Secs. 319.56 to 319.56-8).



Sec. 319.28  Notice of quarantine.

    (a) Under the authority conferred by sections 5, 7, and 9 of the 
Plant Quarantine Act of 1912 (7 U.S.C. 159, 160, 162), and having held 
the public hearing required thereunder, the Secretary of Agriculture 
does hereby declare, (1) that in order to prevent the introduction into 
the United States of the citrus canker disease Xanthomonas campestris 
pv. citri (Hasse) Dye the importation into the United States of all 
fruits and peel of all genera, species, and varieties of the subfamilies 
Aurantioideae, Rutoideae, and Toddalioideae of the botanical family 
Rutaceae from eastern and southeastern Asia (including India, Burma, 
Ceylon, Thailand, Indochina, and China), the Malay Archipelago, the 
Philippine Islands, Oceania (except Australia and Tasmania), Japan and 
adjacent islands, the Republic of Korea, Formosa, Mauritius, Seychelles, 
Brazil, and Paraguay is prohibited; (2) that in order to prevent the 
introduction into the United States of sweet orange scab (Elsinoe 
australis Bitanc. and Jenkins) the importation into the United States of 
fruits and peel of all species and varieties of the genus Citrus, 
including among others Citrus aurantifolia (Christm.) Swingle, C.

[[Page 200]]

aurantium L., C. hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., 
C. reticulata Blanco, and C. sinensis (L.) Osbeck; and Fortunella 
margarita (Lour.) Swingle, from Argentina, Brazil, Paraguay, and 
Uruguay, is prohibited; and (3) that in order to prevent the 
introduction into the United States of the bacterial disease known as 
``Cancrosis B'' the importation into the United States of fruits and 
peel of all species and varieties of the genus Citrus, including among 
others Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C. limon 
(L.) Burm. f., C. medica L., and C. sinensis (L.) Osbeck, from 
Argentina, Paraguay, and Uruguay, is prohibited: Provided, That seeds 
and processed peel of fruits designated herein are excluded from the 
provisions of this quarantine. Such seeds, however, are subject to the 
requirements of the Nursery Stock, Plant and Seed Quarantine No. 37 
(Secs. 319.37 to 319.37-27).
    (b) The prohibition does not apply to Unshu oranges (Citrus 
reticulata Blanco var. unshu, Swingle [Citrus unshiu Marcovitch, 
Tanaka]), also known as Satsuma, grown in Japan or on Cheju Island, 
Republic of Korea, and imported under permit into any area of the United 
States except for American Samoa, Arizona, California, Florida, 
Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and the 
Virgin Islands of the United States: Provided, that each of the 
following safeguards is fully carried out:
    (1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of the 
country of origin. Only Unshu orange trees may be grown in these areas, 
which must be kept free of all citrus other than the propagative 
material of Unshu oranges. The export areas must be inspected and found 
free of citrus canker and prohibited plant material by qualified plant 
protection officers of both the country of origin and the United States. 
The export areas must be surrounded by 400-meter-wide buffer zones. The 
buffer zones must be kept free of all citrus other than the following 10 
varieties: Buntan Hirado (Citrus grandis); Buntan Vietnam (C. grandis); 
Hassaku (C. hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp. 
non Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C. 
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka 
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos). 
The buffer zones must be inspected and found free of citrus canker and 
prohibited plant material by qualified plant protection officers of both 
the country of origin and the United States.
    (2) Inspection of the Unshu oranges shall be performed jointly by 
plant protection officers of the country of origin and the United States 
in the groves prior to and during harvest, and in the packinghouses 
during packing operations.
    (3) Before packing, such oranges shall be given a surface 
sterilization as prescribed by the U.S. Department of Agriculture.
    (4) The identity of the fruit shall be maintained in the following 
manner:
    (i) On its tissue paper wrapping, and on the individual box in which 
such oranges are shipped, there is to be stamped or printed a statement 
specifying the States into which the Unshu oranges may be imported, and 
from which they are prohibited removal under a Federal plant quarantine.
    (ii) Each shipment of oranges handled in accordance with these 
procedures shall be accompanied by a certificate of the plant protection 
service of the country of origin certifying that the fruit is apparently 
free of citrus canker disease.
    (5) [Reserved]
    (6) The Unshu oranges may be imported into the United States only 
through a port of entry listed in Sec. 319.37-14 of this part, except 
that the importation is prohibited through ports of entry located in 
American Samoa, Arizona, California, Florida, Louisiana, the Northern 
Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the 
United States.
    (c) This prohibition shall not apply to importations for 
experimental or scientific purposes by the U.S. Department of 
Agriculture upon such conditions and under such requirements as may be 
prescribed in permits that may be issued by the Deputy Administrator of 
the Plant Protection and Quarantine Programs for such importations.

[[Page 201]]

    (d) Further, this prohibition shall not apply to importations into 
Guam of the fruits and peel designated in paragraph (a)(1) of this 
section.
    (e) Importations allowed in paragraphs (b), (c), and (d) of this 
section shall be subject to the permit and other requirements under the 
Fruits and Vegetables Quarantine (Sec. 319.56).
    (f) All salary, travel, and subsistence expenses incident to the 
assignment of personnel of the U.S. Department of Agriculture to such 
operations in the country of origin of the Unshu oranges shall be paid 
by those requesting the service of such personnel.
    (g) The term United States means the States, District of Columbia, 
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States.
    (h) Any permit that has been issued for the importation of Unshu 
oranges may be withdrawn by an inspector orally or in writing, if he or 
she determines that the holder of the permit has not complied with any 
of the conditions in the regulations. The holder of the permit shall be 
informed orally or in writing of the reasons for the withdrawal. If the 
withdrawal is oral, the decision and the reasons for the withdrawal will 
be confirmed in writing as promptly as circumstances allow. Any person 
whose permit has been withdrawn may appeal the decision in writing to 
the Deputy Administrator within ten (10) days after receiving the 
written notification of the withdrawal. The appeal must state all of the 
facts and reasons upon which the person relies to show that the permit 
was wrongfully withdrawn. As promptly as circumstances allow, the Deputy 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Deputy Administrator.
    (i) The term inspector means any employee of Plant Protection and 
Quarantine, Animal and Plant Health Inspection Service, who is 
authorized by the Deputy Administrator to enforce the regulations in 
this subpart.

[32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 7481, Apr. 15, 1972; 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31, 
1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, Dec. 16, 1988; 59 FR 
13183, Mar. 21, 1994; 60 FR 39103, 39104, Aug. 1, 1995]



  Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant 
                        Products 1, 2
---------------------------------------------------------------------------

    1 The Plant Protection and Quarantine Programs also enforces 
regulations promulgated under the Endangered Species Act of 1973 (Pub. 
L. 93-205, as amended) which contain additional prohibitions and 
restrictions on importation into the United States of articles subject 
to this subpart (See 50 CFR parts 17 and 23).
    2 One or more common names of articles are given in 
parentheses after most scientific names (when common names are known) 
for the purpose of helping to identify the articles represented by such 
scientific names; however, unless otherwise specified, a reference to a 
scientific name includes all articles within the category represented by 
the scientific name regardless of whether the common name or names are 
as comprehensive in scope as the scientific name.

    Source: 45 FR 31585, May 13, 1980, as amended at 60 FR 27674, May 
25, 1995.



Sec. 319.37  Prohibitions and restrictions on importation; disposal of articles refused importation.

    (a) No person shall import or offer for entry into the United States 
any prohibited article, except as otherwise provided in Sec. 319.37-2(c) 
of this subpart. No person shall import or offer for entry into the 
United States any restricted article except in accordance with this 
subpart.
    (b) The importer of any article denied entry for noncompliance with 
this subpart must, at the importer's expense and within the time 
specified in an emergency action notification (PPQ Form 523), destroy, 
ship to a point outside the United States, or apply treatments or other 
safeguards to the article, as prescribed by an inspector to prevent the 
introduction into the

[[Page 202]]

United States of plant pests. In choosing which action to order and in 
setting the time limit for the action, the inspector shall consider the 
degree of pest risk presented by the plant pest associated with the 
article, whether the article is a host of the pest, the types of other 
host materials for the pest in or near the port, the climate and season 
at the port in relation to the pest's survival range, and the 
availability of treatment facilities for the article.
    (c) No person shall remove any restricted article from the port of 
first arrival unless and until a written notice is given to the 
collector of customs by the inspector that the restricted article has 
satisfied all requirements under this subpart.

[57 FR 43144, Sept. 18, 1992]



Sec. 319.37-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Bulbs. The portion of a plant commonly known as a bulb, bulbil, 
bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy 
roots or other underground fleshy growths, a unit of which produces an 
individual plant.
    Clean well water. Well water that does not contain plant pathogens 
or other plant pests.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service, U.S. Department of Agriculture for the 
Plant Protection and Quarantine Programs, or any other officer or 
employee of the Department to whom authority to act in his/her stead has 
been or may hereafter be delegated.
    Disease. The term in addition to its common meaning, includes a 
disease agent which incites a disease.
    Earth. The softer matter composing part of the surface of the globe, 
in distinction from the firm rock, and including the soil and subsoil, 
as well as finely divided rock and other soil formation materials down 
to the rock layer.
    Europe. The continent of Europe, the British Isles, Iceland, the 
Azores, and the islands in the Mediterranean Sea.
    From. An article is considered to be ``from'' any country or 
locality in which it was grown. Provided, That an article imported into 
Canada from another country or locality shall be considered as being 
solely from Canada if it meets the following conditions:
    (a) It is imported into the United States directly from Canada after 
having been grown for at least 1 year in Canada,
    (b) It has never been grown in a country from which it would be a 
prohibited article or grown in a country other than Canada from which it 
would be subject to conditions of Sec. 319.37-5 (c), (d), (e), (f), (g), 
(h), (i), (j), (k), (l), or (m) of this subpart, or subject to 
conditions of Sec. 319.37-6 of this subpart,
    (c) It was not grown in a country or locality from which it would be 
subject to conditions of Sec. 319.37-7 of this subpart unless it was 
grown in Canada under postentry growing conditions equivalent to those 
specified in Sec. 319.37-7 3 of this subpart, and
---------------------------------------------------------------------------

    3 Currently only Chaenomoles spp. (flowering quince), 
Cydonia spp. (quince), Malus spp. (apple, crabapple); Prunus spp. 
(almond, apricot, cherry, cherry laurel, English laurel, nectarine, 
peach, plum, prune) and Pyrus spp. (pear) are required under the laws of 
Canada to be grown in Canada under such equivalent conditions after 
importation.
---------------------------------------------------------------------------

    (d) It was not imported into Canada in growing media.
    Indexing. A procedure for using plant material or its extracts to 
determine the presence or absence of one or more pests in or on the 
tested plant material. For the purposes of this subpart, indexing is 
performed in foreign countries to test the parent stock of designated 
articles that must meet special foreign inspection and certification 
requirements in accordance with Sec. 319.37-5 to be eligible for 
importation into the United States. The results of indexing tests are 
used by the plant protection services of foreign countries to issue 
phytosanitary certificates declaring plant articles free of specified 
diseases. The following indexing procedures are authorized for use with 
the specified plant genera, if the procedures are performed using 
protocols acceptable to

[[Page 203]]

the plant protection service that issues phytosanitary certificates 
based on them: mechanical transmission of the pest to an indicator plant 
for Dianthus, Malus, Prunus, Rubus, and Syringa; graft transmission of 
the pest to an indicator plant for Chaenomeles, Cydonia, Malus, Prunus, 
Pyrus, Rubus, and Syringa; serology for Dianthus, Malus, Prunus, Pyrus, 
Rubus, and Syringa; electron microscopy for Dianthus and Prunus, and 
nucleic acid probes for Chaenomeles, Cydonia, Malus, and Pyrus.
    Inspector. Any employee of the Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, or other person, authorized by the Deputy Administrator in 
accordance with law to enforce the provisions of the regulations in this 
subpart.
    Nursery stock. All field-grown florist's stock, trees, shrubs, 
vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of 
fruit and ornamental trees or shrubs, and other plants and plant 
products for propagation, except field, vegetable, and flower seeds, 
bedding plants, and other herbaceous plants, bulbs, and roots.
    Oceania. The islands of Micronesia, Melanesia, and Polynesia (except 
Hawaii, Guam, and the Northern Mariana Islands) in the central and 
southern Pacific Ocean.
    Person. An individual, corporation, company, society, or 
association.
    Phytosanitary certificate of inspection. A document relating to a 
restricted article, which is issued by a plant protection official of 
the country in which the restricted article was grown, which is issued 
not more than 15 days prior to shipment of the restricted article from 
the country in which grown, which is addressed to the plant protection 
service of the United States (Plant Protection and Quarantine Programs), 
which contains a description of the restricted article intended to be 
imported into the United States, which certifies that the article has 
been thoroughly inspected, is believed to be free from injurious plant 
diseases, injurious insect pests, and other plant pests, and is 
otherwise believed to be eligible for importation pursuant to the 
current phytosanitary laws and regulations of the United States, and 
which contains any specific additional declarations required under this 
subpart.
    Plant pest. The egg, pupal, and larval stages as well as any other 
living stage of: Any insects, mites, nematodes, slugs, snails, protozoa, 
or other invertebrate animals, bacteria, fungi, other parasitic plants 
or reproductive parts thereof, viruses, or any organisms similar to or 
allied with any of the foregoing, or any infectious substances, which 
can directly or indirectly injure or cause disease or damage in any 
plants or parts thereof, or any processed, manufactured, or other 
products of plants.
    Plant Protection and Quarantine Programs. The organizational unit 
within the Animal and Plant Health Inspection Service, U.S. Department 
of Agriculture, delegated responsibility for enforcing provisions of the 
Plant Quarantine Act, the Federal Plant Pest Act, and related laws, and 
regulations promulgated thereunder.
    Port of first arrival. The land area (such as a seaport, airport, or 
land border station) where a person, or a land, water, or air vehicle, 
first arrives after entering the territory of the United States, and 
where inspection of articles is carried out by inspectors.
    Potable water. Water which is approved for drinking purposes by the 
national or local health authority having jurisdiction.
    Prohibited article. Any nursery stock, plant, root, bulb, seed, or 
other plant product designated in Sec. 319.37-2 (a) or (b), except wood 
articles regulated under Secs. 319.40-1 through 319.40-11, ``Subpart--
Logs, Lumber, and Other Unmanufactured Wood Articles.''
    Restricted article. Any class of nursery stock or other class of 
plant, root, bulb, seed, or other plant product, for or capable of 
propagation, excluding any prohibited articles listed in Sec. 319.37-2 
(a) or (b) of this subpart, excluding any articles subject to any 
restricted entry orders in 7 CFR part 321 (i.e., potatoes), and 
excluding any articles regulated in 7 CFR 319.8 through 319.24 or 319.41 
through 319.74-7.
    Secretary. The Secretary of Agriculture, or any other officer or 
employee of the Department of Agriculture to whom authority to act in

[[Page 204]]

his/her stead has been or may hereafter be delegated.
    Soil. The loose surface material of the earth in which plants, 
trees, and shrubs grow, in most cases consisting of disintegrated rock 
with an admixture of organic material and soluble salts.
    Solanum spp. true seed. Seed produced by flowers of Solanum capable 
of germinating and producing new Solanum plants, as distinguished from 
Solanum tubers, whole or cut, that are referred to as Solanum seeds or 
seed potatoes.
    Spp. (species). All species, clones, cultivars, strains, varieties, 
and hybrids, of a genus.
    State Plant Regulatory Official. The official authorized by the 
State to sign agreements with Federal agencies involving operations of 
the State plant protection agency.
    United States. The States, District of Columbia, Guam, Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands of the United 
States.

[45 FR 31585, May 13, 1980, as amended at 50 FR 8706, Mar. 5, 1985; 56 
FR 19790, Apr. 30, 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, July 
16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR 27674, May 25, 1995; 63 FR 
13484, Mar. 20, 1998]



Sec. 319.37-2  Prohibited articles.

    (a) The following listed articles from the designated countries and 
localities are prohibited articles and are prohibited from being 
imported or offered for entry into the United States except as provided 
in Sec. 319.37-2(c) of this subpart.

[[Page 205]]



----------------------------------------------------------------------------------------------------------------
  Prohibited article (includes                                      Plant pests existing in the places named and
   seeds only if specifically         Foreign places from which         capable of being transported with the
           mentioned)                        prohibited                          prohibited article
----------------------------------------------------------------------------------------------------------------
Abelmoschus spp. (okra).........  Africa..........................  Cotton leaf curl agent.
                                  Brazil..........................  Cotton Anthocyanosis agent.
                                  Bangladesh, India, Sri Lanka....  Bhendi yellow vein mosaic agent.
                                  Ivory Coast, Nigeria............  Okra mosaic virus.
                                  Iraq............................  Okra yellow leaf curl agent.
                                  Papua New Guinea, Trinidad and    Okra mosaic agents.
                                   Tobago.
Abies spp. (fir)................  All except Canada...............  50 or more species of rusts including
                                                                     Chrysomyxa abietis (Wallr.) Ung. (a rust
                                                                     causing a serious needle disease);
                                                                     Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
Acacia spp. (acacia)............  Australia and Oceania...........  Uromycladium tepperianum (Sacc.) McAlp.
                                                                     (Rust).
Acer spp. (maple) (except Acer    Japan...........................  Xanthomonas acernea (Ogawa) Burk.
 palmatum and Acer japonicum      Europe, Japan...................  Maple mosaic or variegation diseases.
 meeting the conditions for
 importation in Sec.  319.37-
 5(m).
Actinidia spp. (Chinese           Japan and Taiwan................  Pucciniastrum actinidiae Hiratusuka (Rust).
 gooseberry, kiwi)..
Adonidia spp....................  All.............................  A diversity of diseases including, but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Aesculus spp. (horsechestnut)...  Czechoslovakia, Federal Republic  Horsechestnut variegation or yellow mosaic
                                   of Germany, Romania, United       diseases.
                                   Kingdom.
Aiphanes spp. (coyure, ruffle,    All.............................  A diversity of diseases including but not
 and spine palm).                                                    limited to: lethal yellowing disease;
                                                                     cadang-cadang disease.
Allagoptera arenaria............  All.............................  A diversity of diseases including, but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Althaea spp. (althaea,            Africa..........................  Cotton leaf curl agent.
 hollyhock).                      Bangladesh, India, Sri Lanka....  Bhendi yellow vein mosaic agent.
Arachis spp. (peanut) seed only   India, Indonesia, Japan,          Peanut stripe virus.
 (all other Arachis articles are   People's Republic of China,
 included under Fabaceae).         Philippines, Taiwan, Thailand.
                                  Ivory Coast, Senegal, Upper       Peanut clump virus.
                                   Volta.
                                  India...........................  Indian peanut clump virus.
Areca spp.......................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Arenga spp. (sugarpalm).........  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Arikuryroba spp. (arikury palm).  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Articles listed in Sec.  319.37-  All except Canada...............  A diversity of diseases, insects, and other
 2(b).                                                               pests, including but not limited to:
                                                                     Cactoblastis cactorum (Berg); Metamasius
                                                                     spp.; Opogona sacchari (Bojer); Chrysomyxa
                                                                     himalensis Barclay (Spruce needle rust);
                                                                     Aecidium mori Barclay (Mulberry rust);
                                                                     Pseudomonas lignicola Westherd. & Buis.
                                                                     (Bacterial stain); Pucciniastrum areolatum
                                                                     (Fr.) Otth. (Cherry-spruce rust).
Bambuseae (seeds, plants, and     All.............................  Various plant diseases, Including bamboo
 cuttings).                                                          smut (Ustilago shiraiana)

[[Page 206]]

 
Berberis spp. (barberry) (plants  All.............................  Puccinia graminis Pers. (Black stem rust).
 of all species and
 horticultural varieties not
 designated as resistant to
 black stem rust in accordance
 with Sec.  301.38-1 of this
 chapter).
Berberis spp. (barberry)          All.............................  Puccinia graminis Pers. (Black stem rust).
 destined to an eradication
 State listed in Sec.  301.38-2a
 of this chapter (plants of all
 species and horticultural
 varieties designated as
 resistant to black stem rust in
 accordance with Sec.  301.38-1
 of this chapter).
Berberis spp. (barberry) seed...  All.............................  Puccinia graminis Pers. (Black stem rust).
Blighia sapida (akee)...........  Nigeria, Ivory Coast............  Okra mosaic virus.
Borassus spp. (palmyra palm)....  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Caryota spp. (fishtail palm)....  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Castanea spp. (chestnut)........  All.............................  Cryphonectria parasitica (Murrill) Barr
                                                                     (chestnut blight); Dryocosmus kuriphilus
                                                                     Yasumatsu (gall wasp).
Cedrus spp. (cedar).............  Europe..........................  Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
                                                                    Fusarium fuliginosporum Sibilia (Seedling
                                                                     disease).
Chaenomeles spp. (flowering       All.............................  A diversity of diseases including but not
 quince) not meeting the                                             limited to those listed for Chaenomeles in
 conditions for importation in                                       Sec.  319.37-5(b)(1).
 Sec.  319.37-5(b).
Chrysalidocarpus spp. (butterfly  All.............................  A diversity of diseases including but not
 palm).                                                              limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Chrysanthemum spp.                Argentina, Brazil, Canary         Puccinia horiana P. Henn. (white rust of
 (chrysanthemum).                  Islands, Chile, Colombia,         chrysanthemum).
                                   Europe, Republic of South
                                   Africa, Uruguay, Venezuela, and
                                   all countries, territories, and
                                   possessions of countries
                                   located in part or entirely
                                   between 90 deg. and 180 deg.
                                   East longitude.
Cocos spp. (other than Cocos      All.............................  A diversity of diseases including but not
 nucifera).                                                          limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Cocos nucifera (coconut)          All except from Jamaica or Costa  A diversity of diseases including but not
 (including seed) (Coconut seed    Rica if meeting the conditions    limited to: lethal yellowing disease;
 without husk or without milk      for importation in Sec.  319.37-  cadang-cadang disease.
 may be imported into the United   5(g).
 States in accordance with Sec.
 319.56).
Corypha spp.....................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Crocosmia spp. (montebretia)....  Africa..........................  Puccinia mccleanii Doidge (rust), Uredo
                                                                     gladioli-buettneri Bub. (rust), Uromyces
                                                                     gladioli P. Henn. (rust), U. nyikensis Syd.
                                                                     (rust).
                                  Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
                                   Malta, Mauritius, Portugal.
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).

[[Page 207]]

 
Cydonia spp. (quince) not         All.............................  A diversity of diseases including but not
 meeting the conditions for                                          limited to those listed for Cydonia in Sec.
 importation in Sec.  319.37-                                         319.37-5(b)(1).
 5(b).
Datura spp......................  Colombia........................  Datura Colombian virus.
                                  India...........................  Datura distortion or enation mosaic virus.
Dendranthema spp.                 Argentina, Brazil, Canary         Puccinia horiana P. Henn. (white rust of
 (chrysanthemum).                  Islands, Chile, Colombia,         chrysanthemum).
                                   Europe, Republic of South
                                   Africa, Uruguay, Venezuela, and
                                   all countries, territories, and
                                   possessions of countries
                                   located in part or entirely
                                   between 90 deg. and 180 deg.
                                   East longitude.
Dictyosperma spp. (Princesspalm)  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Elaeis spp. (oil palm)..........  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Erianthus spp. (plumegrass).....  All.............................  Puccinia melanocephala H. Syd. & P. Syd.
                                                                     (Sugarcane rust).
Eucalyptus spp. (eucalyptus)....  Europe, Sri Lanka, and Uruguay..  Pestalotia disseminata Thuem. (parasitic
                                                                     leaf fungus).
Euonymus spp. (euonymus)........  Europe, Japan...................  Euonymus mosaic diseases.
Fabaceae (=Leguminosae)           All except Canada...............  A diversity of diseases including but not
 (herbaceous spp. only).                                             limited to: African soybean dwarf agent,
                                                                     alfalfa enation virus, azuki bean mosaic
                                                                     virus, bean golden mosaic virus, cowpea
                                                                     mild mottle virus, French bean mosaic
                                                                     virus, groundnut chlorotic leaf streak
                                                                     virus, groundnut chlorotic spotting virus,
                                                                     groundnut rosette agents, groundnut witches
                                                                     broom MLO, horsegram yellow mosaic virus,
                                                                     Indonesian soybean dwarf virus, lima bean
                                                                     mosaic virus, lucerne Australian
                                                                     symptomless virus, lucerne vein yellowing
                                                                     virus, mung bean yellow mosaic virus,
                                                                     peanut stripe virus, red clover mottle
                                                                     virus, and soybean dwarf virus.
Fragaria spp. (strawberry) not    All except Canada...............  Phytophthora fragariae Hickman (Red stele
 meeting the conditions for                                          disease).
 importation in Sec.  319.37-
 5(h).
Fraxinus spp. (ash).............  Europe..........................  Pseudomonas savastanoi var. fraxini (Brown)
                                                                     Dowson (Canker and dwarfing disease of
                                                                     ash).
Gaussia spp. (llumepalm)........  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Gladiolus spp. (gladiolus)......  Africa..........................  Puccinia mccleanii Doidge (rust), Uredo
                                                                     gladioli-buettneri Bub. (rust), Uromyces
                                                                     gladioli P. Henn. (rust), U. nyikensis Syd.
                                                                     (rust).
                                  Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
                                   Malta, Mauritius, Portugal.
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).
Gossypium spp. (cotton,           All.............................  A diversity of diseases including but not
 cottontree).                                                        limited to: cotton leaf curl virus; cotton
                                                                     virescence agent; small leaf virus.
Hibiscus spp. (kenaf, hibiscus,   Africa..........................  Cotton leaf curl agent.
 rose mallow).
                                  Brazil..........................  Cotton anthocyanosis agent.
                                  India...........................  Hibiscus leaf curl agent.
Howea spp. (sentry palm) not      All.............................  A diversity of diseases including but not
 meeting the conditions in Sec.                                      limited to: Lethal yellowing disease;
 319.37-5(n).                                                        Cadang-cadang disease.
Hydragea spp. (hydrangea).......  Japan...........................  Aecidium hydrangeae-paniculatea Dietel.
Hyophorbe spp. (palm)...........  All.............................  A diversity of diseases including but not
                                                                     limited to: lethal yellowing disease;
                                                                     cadang-cadang disease.
Ipomoea spp. (sweetpotato)......  All except Canada...............  A diversity of diseases including but not
                                                                     limited to: sweetpotato witches broom
                                                                     (little leaf); and sweetpotato viruses of
                                                                     eastern Africa.
Jasminum spp. (jasmine).........  Belgium, Federal Republic of      Jasmine variegation diseases.
                                   Germany, Great Britain.

[[Page 208]]

 
                                  India...........................  Chlorotic ringspot, phyllody, yellow ring
                                                                     mosaic diseases.
                                  Philippines.....................  Sampaguita yellow ringspot mosaic diseases.
Juniperus spp. (juniper)........  Austria, Finland, and Romania...  Stigmina deflectans (Karst) Ellis
                                                                     (Needlecast disease).
                                  Europe..........................  Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
Larix spp. (larch)..............  Provinces of New Brunswick and    Lachnellula willkommii (Harteg) Dennis
                                   Nova Scotia in Canada, Europe,    (European larch canker).
                                   and Japan.
                                  Europe..........................  Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
 
Latania spp.....................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Leersia spp. (cutgrass) seed      All.............................  Xanthomonas campestris pv. oryzae (Ishiyama)
 only (all other Leersia                                             Dye.
 articles are included under
 Poaceae).
Lens spp. seed (lentil).........  South America...................  Uromyces viciae-fabae (Pers.) Schroet.
                                                                     (Rust).
Leptochloa spp. (sprangletop)     All.............................  Xanthomonas campestris pv. oryzae (Ishiyama)
 seed only (all other Leptochloa                                     Dye.
 articles are included under
 Poaceae).
Ligustrum spp. (privet).........  Europe..........................  Ligustrum mosaic diseases.
 
Livistona spp. (fan palm).......  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Mahoberberis spp. (plants of all  All.............................  Puccinia graminis Pers. (Black stem rust).
 species and horticultural
 varieties not designated as
 resistant to black stem rust in
 accordance with Sec.  301.38-1
 of this chapter).
Mahoberberis spp. destined to an  All.............................  Puccinia graminis Pers. (Black stem rust).
 eradication State listed in
 Sec.  301.38-2(a) of this
 chapter (plants of all species
 and horticultural varieties
 designated as resistant to
 black stem rust in accordance
 with Sec.  301.38-1 of this
 chapter).
Mahoberberis spp. seed..........  All.............................  Puccinia graminis Pers. (Black stem rust).
Mahonia spp. (mahonia) (plants    All.............................  Puccinia graminis Pers. (Black stem rust).
 of all species and
 horticultural varieties not
 designated as resistant to
 black stem rust in accordance
 with Sec.  301.38-1 of this
 chapter.

[[Page 209]]

 
Mahonia spp. (mahonia) destined   All.............................  Puccinia graminis Pers. (Black stem rust).
 to an eradication State listed
 in Sec.  301.38-2(a) of this
 chapter (plants of all species
 and horticultural varieties
 designated as resistant to
 black stem rust in accordance
 with Sec.  301.38-1 of this
 chapter).
Mahonia spp. seed...............  All.............................  Puccinia graminis Pers. (Black stem rust).
Malus spp. (apple, crabapple)     All.............................  A diversity of diseases including but not
 not meeting the conditions for                                      limited to those listed for Malus in Sec.
 importation in Sec.  319.37-                                        319.37-5(b)(1).
 5(b).
Mangifera spp. (mango) seed only  All except North and South        Cryptorhynchus mangiferae F. (mango weevil).
                                   America (excluding Barbados,
                                   Dominica, French Guiana,
                                   Guadeloupe, Martinique, and St.
                                   Lucia).
Manihot spp. (cassava)..........  All except Canada...............  A diversity of diseases, insects, and other
                                                                     pests including but not limited to:
                                                                     Mononychellus tanajoa (Bondar) (cassava
                                                                     mite); Phenococcus manihotis Matile-Ferrero
                                                                     (cassava mealybug); Xanthomonas manihotis
                                                                     (Arthand-Berthet) Starr (Bacterial blight);
                                                                     Cassava brown streak virus; Cassava latent
                                                                     virus; Cassava African mosaic virus;
                                                                     Cassava common mosaic virus.
Mascarena spp...................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Morus spp. (mulberry)...........  India, Japan, Korea, People's     Mulberry dwarf or mulberry mosaic diseases.
                                   Republic of China, Thailand,
                                   and the geographic area
                                   formerly known as the Union of
                                   Soviet Socialist Republics.
Nannorrhops spp. (mazaripalm)...  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Neodypsis spp. (palm)...........  All.............................  A diversity of diseases including but not
                                                                     limited to: lethal yellowing disease;
                                                                     cadang-cadang disease.
Persea spp. (avocado) seed......  Central and South America, and    Heilipus lauri Boh. (Avocado weevil);
                                   Mexico.                           Stenoma catenifer Wals. (Avocado seed
                                                                     moth); Conotrachelus spp.
Philadelphus spp. (mock orange).  Europe..........................  Elm mottle virus.
Phoenix spp. (date).............  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Picea spp. (spruce).............  Europe, Japan, and Siberia......  Chrysomyxa ledi (Alb. & Schw.) d By var.
                                                                     rhododendri (DC) Savile. (Rhododendron-
                                                                     spruce needle rust).
                                  Europe..........................  Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
Pinus spp. (pine) (2- or 3-       Europe and Japan................  Cronartium flaccidium (Alb. & Schw.) Wint.
 leaved).                                                            (Rust causing serious stunting of hard
                                                                     pines.)
                                  Japan...........................  Gall-forming rust.

[[Page 210]]

 
Poaceae (vegetative parts of all  All except Canada...............  A wide diversity of plant diseases,
 grains and grasses, except                                          including but not limited to: banana streak
 species of Bambuseae).                                              virus, barley yellow mosaic virus, barley
                                                                     yellow striate mosaic virus, brome streak
                                                                     mosaic virus, cereal chlorotic mosaic
                                                                     virus, cocksfoot mild mosaic virus, corn
                                                                     stunt spiroplasma, Cynodon chlorotic streak
                                                                     virus, cynosurus mottle virus, Echinochloa
                                                                     ragged stunt virus, European aster yellows
                                                                     MLO, European wheat striate mosaic virus,
                                                                     Iranian maize mosaic virus, maize bushy
                                                                     stunt MLO, maize chlorotic mottle virus,
                                                                     maize mosaic virus, maize mottle/chlorotic
                                                                     stunt virus, maize rough dwarf virus, maize
                                                                     streak virus, maize stripe virus, northern
                                                                     cereal mosaic virus, oat red streak mosaic
                                                                     virus, oat sterile dwarf virus, rice dwarf
                                                                     virus, rice gall dwarf virus, rice tungro
                                                                     virus, rice wilted stunt virus, rice yellow
                                                                     mottle virus, rice yellow dwarf agent,
                                                                     yellow dwarf agent, sugarcane white leaf
                                                                     MLO, wheat yellow leaf virus, and wheat
                                                                     yellowing stripe bacterium.
Populus spp. (aspen, cottonwood,  Europe..........................  Xanthomonas populi Ride (Canker).
 poplar).
Pritchardia spp.................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Prunus spp. (almond, apricot,     All.............................  A diversity of diseases including but not
 cherry, cherry laurel, English                                      limited to those listed for Prunus in Sec.
 laurel, nectarine, peach, plum,                                     319.37-5(b)(1).
 prune) not meeting the
 conditions for importation in
 Sec.  319.37-5(b).
Prunus spp. seed only (almond,    All.............................  Plum pox (Sharka) virus.
 apricot, nectarine, peach,
 plum, and prune, but not
 species in subgenus Cerasus)
 not meeting the conditions for
 importation in Sec.  319.37-
 5(j).
Pseudolarix spp. (golden larch).  Provinces of New Brunswick and    Lachnellula willkommii (Harteg) Dennis
                                   Nova Scotia in Canada, Europe,    (European larch canker).
                                   and Japan.
 
Pseudotsuga spp. (Douglas fir)..  Europe..........................  Phacidiopycnis pseudotsuga (M. Wils.) Hahn
                                                                     (Douglas fir canker).
Pyrus spp. (pear) not meeting     All.............................  A diversity of diseases including but not
 the conditions for importation                                      limited to those listed for Pyrus in Sec.
 in Sec.  319.37-5(b).                                               319.37-5(b)(1).
Quercus spp. (oak)..............  Japan...........................  Stereum hiugense Imazeki (White rot); a gall-
                                                                     forming rust.
Ravenea spp. (palm).............  All.............................  A diversity of diseases including but not
                                                                     limited to: lethal yellowing disease;
                                                                     cadang-cadang disease.
Ribes spp. (currant, gooseberry)  Europe and New Zealand..........  Black currant reversion agent.
Rosa spp. (rose)................  Australia, Bulgaria, Italy, and   Rose wilt virus.
                                   New Zealand.
Salix spp. (willow).............  Federal Republic of Germany       Erwinia salicis (Day) Chester (Watermark
                                   (West), German Democratic         disease).
                                   Republic (East), Great Britain,
                                   and The Netherlands.
Seeds of all kinds when in pulp.  All except Canada...............  Fruit flies, or other injurious insects.

[[Page 211]]

 
Solanum spp. (potato) (tuber      All except Canada (except         Andean potato latent virus; Andean potato
 bearing species only--Section     Newfoundland and that portion     mottle virus; potato mop top virus;
 Tuberarium), including potato     of the Municipality of Central    dulcamara mottle virus; tomato blackring
 tubers.                           Saanich in the Province of        virus; tobacco rattle virus; potato virus Y
                                   British Columbia east of the      (tobacco veinal necrosis strain); potato
                                   West Saanich Road)..              purple top wilt agent; potato marginal
                                                                     flavescence agent; potato purple top roll
                                                                     agent; potato witches broom agent; stolbur
                                                                     agent; parastolbur agent; potato leaflet
                                                                     stunt agent; potato spindle tuber viroid;
                                                                     arracacha virus B; potato yellowing virus.
Solanum spp. true seed (tuber     All except Canada, New Zealand,   Andean potato latent virus, potato virus T,
 bearing species only--Section     and the X region of Chile (that   tobacco ringspot virus (Andean potato
 Tuberarium).                      area of Chile between 39 deg.     calico strain); arracacha virus B; potato
                                   and 44 deg. South latitude--see   yellowing virus.
                                   Sec.  319.37-5(o)).
Sorbus spp. (mountain ash)......  Czechoslovakia, Denmark, Federal  Mountain ash variegation or ringspot mosaic
                                   Republic of Germany.              disease.
Syringa spp. (lilac) not meeting  Europe..........................  Elm mottle virus.
 the conditions for importation
 in Sec.  319.37-5(i).
Theobroma spp. (cacao)..........  All.............................  A diversity of diseases and pests including
                                                                     but not limited to: cocoa swollen shoot
                                                                     virus, cocoa mottle leaf virus, cocoa
                                                                     yellow mosaic virus, cocoa necrosis virus,
                                                                     Crinipellis perniciosa (Stahel) Singer
                                                                     (witches broom fungus), Monilia roreri--
                                                                     Moniliophthora rorei (CiF.) H.C. Evans et
                                                                     al. (watery pod rot), cocoa isolates of
                                                                     Ceratocystis fimbriata Ellis and Halst
                                                                     (wilts), Trachysphaera fructigena Tabor and
                                                                     Bunting (mealy pod agents of cushy gall
                                                                     disease), Oncobasidum theobromae Talbot and
                                                                     Keane (vascular streak die-back), Xyleborus
                                                                     spp. beetles and Acrocercops cramella
                                                                     (Snellen) (cocoa moth).
Trachycarpus spp. (windmill       All.............................  A diversity of diseases including but not
 palm).                                                              limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Ulmus spp. (elm) (including       Europe..........................  Elm mottle virus.
 seeds).
Veitchia spp....................  All.............................  A diversity of diseases including but not
                                                                     limited to: Lethal yellowing disease;
                                                                     Cadang-cadang disease.
Vitis spp. (grape) not meeting    All.............................  A diversity of diseases including but not
 the conditions for importation                                      limited to those specified for Vitis in
 in Sec.  319.37-5(b).                                               Sec.  319.37-5(b)(1).
Watsonia spp. (bugle lily)......  Africa..........................  Puccinia mccleanii Doidge (rust), Uredo
                                                                     gladioli-buettneri Bub. (rust), Uromyces
                                                                     gladioli P. Henn. (rust), U. nyikensis Syd.
                                                                     (rust).
                                  Africa, Brazil, France, Italy,    U. transversalis (Thuem.) Wint. (rust).
                                   Malta, Mauritius, Portugal.
                                  Argentina, Uruguay..............  U. gladioli P. Henn. (rust).
Zizania spp. (wild rice) seed     All except Canada...............  Xanthomonas campestris pv. oryzae (Ishiyama)
 only (all other Zizania                                             Dye.
 articles are included under
 Poaceae).
----------------------------------------------------------------------------------------------------------------


[[Page 212]]

    (b) The following listed articles from all foreign places except 
Canada are prohibited articles and are prohibited from being imported or 
offered for entry into the United States except as provided in 
Sec. 319.37-2(c) of this subpart:
    (1) Rhododendron spp. (rhododendron and azalea) or other genera or 
species of similar slow growth habit, other than artificially dwarfed 
trees or shrubs:
    (i) Exceeding 3 years of age if grown from seeds or cuttings; or
    (ii) Exceeding 2 years of age after severance from the parent plant 
if produced by layers; or
    (iii) Having more than 3 years' growth from the bud or graft if 
produced by budding or grafting.
    (2) Any naturally dwarf or miniature form of tree or shrub exceeding 
305 millimeters (approximately 12 inches) in length from the soil line.
    (3) Herbaceous perennials (except epiphytes) imported in the form of 
root crowns or clumps exceeding 102 millimeters (approximately 4 inches) 
in diameter.
    (4) Stem cuttings without leaves, without roots, without sprouts, 
and without branches (other than cactus cuttings and cuttings of 
epiphytes) exceeding 102 millimeters (approximately 4 inches) in 
diameter or exceeding 1.83 meters (approximately 6 feet) in length; and 
stem cuttings of epiphytes with or without aerial roots (without leaves, 
without sprouts, and without branches) exceeding 102 millimeters 
(approximately 4 inches) in diameter or exceeding 1.83 meters 
(approximately 6 feet) in length.
    (5) Cactus cuttings (without roots or branches) exceeding 153 
millimeters (approximately 6 inches) in diameter or exceeding 1.22 
meters (approximately 4 feet) in length.
    (6)(i) Plants (other than stem cuttings, cactus cuttings, 
artificially dwarfed plants such as bonsai, and palms and plants whose 
growth habits simulate palms) exceeding 460 millimeters (approximately 
18 inches) in length from soil line (top of rooting zone for plants 
produced by air layering) to the farthest terminal growing point and 
whose growth habits simulate the woody habits of trees and shrubs, 
including but not limited to cacti, cycads, yuccas, and dracaenas.
    (ii) Palms and plants whose growth habits simulate palms, that 
exceed a total length (stem plus leaves) of 915 millimeters 
(approximately 36 inches) in length.
    (7) Any tree or shrub of a type not listed above, other than an 
artificially dwarf tree or shrub, and:
    (i) Exceeding 2 years of age if grown from seeds or cuttings; or
    (ii) Exceeding 1 year of age after severance from the parent plant 
if produced by layers; or
    (iii) Having more than 2 years' growth from the bud or graft if 
produced by budding or grafting.
    (c) Any article listed as a prohibited article in paragraph (a) or 
(b) of this section may be imported or offered for entry into the United 
States if:
    (1) Imported by the United States Department of Agriculture for 
experimental or scientific purposes;
    (2) Imported at the Plant Germplasm Quarantine Center, Building 320, 
Beltsville Agricultural Research Center East, Beltsville, MD 20705 or at 
a port of entry designated by an asterisk in Sec. 319.37-14(b);
    (3) Imported pursuant to a Departmental permit issued for such 
article and kept on file at the port of entry;
    (4) Imported under conditions specified on the Departmental permit 
and found by the Deputy Administrator to be adequate to prevent the 
introduction into the United States of plant pests, i.e., conditions of 
treatment, processing, growing, shipment, disposal; and
    (5) Imported with a Departmental tag or label securely attached to 
the outside of the container containing the article or securely attached 
to the article itself if not in a container, and with such tag or label 
bearing a Departmental permit number corresponding to the number of the 
Departmental permit issued for such article.

[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 56 
FR 19790, Apr. 30, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147, 
43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 FR 44610, Aug. 30, 
1994; 60 FR 8924, Feb. 16, 1995; 62 FR 50238, Sept. 25, 1997; 63 FR 
13485, Mar. 20, 1998]

[[Page 213]]



Sec. 319.37-3  Permits.

    (a) The restricted articles (other than articles for food, 
analytical, medicinal, or manufacturing purposes) in any of the 
following categories may be imported or offered for importation into the 
United States only after issuance of a written permit by the Plant 
Protection and Quarantine Programs:
    (1) Articles subject to treatment and other requirements of 
Sec. 319.37-6;
    (2) Articles subject to the postentry quarantine conditions of 
Sec. 319.37-7;
    (3) Bulbs of Allium sativum spp. (garlic), Crocosmia spp. 
(montebretia), Gladiolus spp. (gladiolus), and Watsonia spp. (bugle 
lily) from New Zealand;
    (4) Articles of Cocos nucifera (coconut); and articles (except 
seeds) of Dianthus spp. (carnation, sweet-william) from any country or 
locality except Canada;
    (5) Lots of 13 or more articles (other than seeds, bulbs, or sterile 
cultures of orchid plants) from any country or locality except Canada;
    (6) Seeds of trees or shrubs from any country or locality except 
Canada;
    (7) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus 
spp. (pear), Prunus spp. (almond, apricot, cherry, cherry laurel, 
English laurel, nectarine, peach, plum, prune), Cydonia spp. (quince), 
Chaenomeles spp. (flowering quince), and Rubus spp. (cloudberry, 
blackberry, boysenberry, dewberry, loganberry, raspberry), from Canada;
    (8) Articles (except seeds) of Castanea spp. (chestnut) or 
Castanopsis spp. (chinquapin) destined to California or Oregon;
    (9) Articles (except seeds) of Pinus spp. (pine), (5-leaved) 
destined to Wisconsin;
    (10) Articles of Ribes spp. (currant, gooseberry), (including seeds) 
destined to Massachusetts, New York, West Virginia, or Wisconsin;
    (11) Articles (except seeds) of Planera spp. (water elm, planer) or 
Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island 
and destined to California, Nevada, or Oregon;
    (12) Seeds of Prunus spp. (almond, apricot, cherry, cherry laurel, 
English laurel, nectarine, peach, plum, prune) from Canada and destined 
to Colorado, Michigan, New York, Washington, or West Virginia;
    (13) Articles (except seeds) of Vitis spp. (grape) from Canada and 
destined to California, New York, Ohio, Oregon, and Washington;
    (14) Articles (except seeds) of Corylus spp. (filbert, hazel, 
hazelnut, cobnut) from provinces east of Manitoba in Canada and destined 
to Oregon or Washington;
    (15) Articles (except seeds) of Pinus spp. (pine) from Canada and 
destined to California, Idaho, Montana, Oregon, or Utah; and
    (16) Articles (except seeds) of Ulmus spp. (elm) from Canada and 
destined to California, Nevada, or Oregon.
    (17) Solanum tuberosum true seed from New Zealand and the X Region 
of Chile (that area of Chile between 39 deg. and 44 deg. South 
latitude--see Sec. 319.37-5(o)).
    (b) An application for a written permit should be submitted to the 
Plant Protection and Quarantine Programs (Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Port Operations, 
Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236) 
at least 30 days prior to arrival of the article at the port of entry. 
The completed application shall include the following information: \4\
---------------------------------------------------------------------------

    \4\ Application forms are available without charge from the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, 
Maryland 20737-1236, local offices which are listed in telephone 
directories.
---------------------------------------------------------------------------

    (1) Name, address, and telephone number of the importer;
    (2) Approximate quantity and kinds (botanical designations) of 
articles intended to be imported;
    (3) Country(ies) or locality(ies) where grown;
    (4) Intended United States port of entry;
    (5) Means of transportation, e.g., mail, airmail, express, air 
express, freight, airfreight, or baggage; and
    (6) Expected date of arrival.
    (c) After receipt and review of the application by Plant Protection 
and Quarantine Programs, a written permit indicating the applicable 
conditions for importation under this subpart shall be

[[Page 214]]

issued for the importation of articles described in the application if 
such articles under the conditions specified in the application appear 
to be eligible to be imported into the United States. Even though a 
written permit has been issued for the importation of an article, such 
article may be imported only if all applicable requirements of this 
subpart are met and only if an inspector at the port of entry determines 
that no emergency measures pursuant to section 105 of the Federal Plant 
Pest Act (7 U.S.C. 150ee) are necessary with respect to such article.\5\
---------------------------------------------------------------------------

    \5\ Section 105 of the Federal Plant Pest Act (7 U.S.C. 150ee) 
provides, among other things, that the Secretary of Agriculture may, 
whenever he deems it necessary as an emergency measure in order to 
prevent the dissemination of any plant pest new to or not theretofore 
known to be widely prevalent or distributed within and throughout the 
United States, seize, quarantine, treat, apply other remedial measures 
to, destroy, or dispose of, in such manner as he deems appropriate, 
subject to provisions in section 105 (b) and (c) of the Act (7 U.S.C. 
150ee (b) and (c)), any product or article, including any articles 
subject to this subpart, which is moving into or through the United 
States, and which he has reason to believe was infested or infected by 
or contains any plant pest at the time of such movement. Section 10 of 
the Plant Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the 
Federal Plant Pest Act (7 U.S.C. 150dd, 150ff) also authorize emergency 
measures against prohibited and restricted articles which are not in 
compliance with the provisions of this subpart.
---------------------------------------------------------------------------

    (d) Any permit which has been issued may be withdrawn by an 
inspector or the Deputy Administrator if he/she determines that the 
holder thereof has not complied with any condition for the use of the 
document. The reasons for the withdrawal shall be confirmed in writing 
as promptly as circumstances permit. Any person whose permit has been 
withdrawn may appeal the decision in writing to the Deputy Administrator 
within ten (10) days after receiving the written notification of the 
withdrawal. The appeal shall state all of the facts and reasons upon 
which the person relies to show that the permit was wrongfully 
withdrawn. The Deputy Administrator shall grant or deny the appeal, in 
writing, stating the reasons for the decision as promptly as 
circumstances permit. If there is a conflict as to any material fact, a 
hearing shall be held to resolve such conflict.
    (e) Any restricted article not designated in paragraph (a) of this 
section may be imported or offered for importation into the United 
States only after issuance of an oral permit for importation issued by 
an inspector at the port of entry.
    (f) An oral permit for importation of an article shall be issued at 
a port of entry by an inspector only if all applicable requirements of 
this subpart are met, such article is eligible to be imported under an 
oral permit, and an inspector at the port of entry determines that no 
emergency measures pursuant to section 105 of the Federal Plant Pest Act 
(7 U.S.C. 150ee) are necessary with respect to such article.5

(Approved by the Office of Management and Budget under control 
number 0579-0049)

(44 U.S.C. 35)

[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983; 57 
FR 43148, Sept. 18, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, Feb. 
16, 1995]



Sec. 319.37-4  Inspection, treatment, and phytosanitary certificates of inspection.

    (a) Phytosanitary certificates of inspection. Any restricted article 
offered for importation into the United States must be accompanied by a 
phytosanitary certificate of inspection or, in the case of greenhouse-
grown plants from Canada imported in accordance with paragraph (c) of 
this section, a certificate of inspection in the form of a label in 
accordance with paragraph (c)(1)(iv) of this section attached to each 
carton of the articles and to an airway bill, bill of lading, or 
delivery ticket accompanying the articles.
    (b) Inspection and treatment. Any restricted article may be sampled 
and inspected by an inspector at the port of first arrival and/or under 
preclearance inspection arrangements in the country in which the article 
was grown, and must undergo any treatment contained in the Plant 
Protection and Quarantine

[[Page 215]]

Treatment Manual \6\ that is ordered by the inspector. Any restricted 
article found upon inspection to contain or be contaminated with plant 
pests, that cannot be eliminated by treatment, shall be denied entry at 
the first United States port of arrival.
---------------------------------------------------------------------------

    \6\ The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference in the Code of Federal Regulations. For 
further information on the content and availability of this manual, see 
7 CFR 300.1, ``Materials incorporated by reference.''
---------------------------------------------------------------------------

    (c) Greenhouse-grown plants from Canada. A greenhouse-grown 
restricted plant may be imported from Canada if the Plant Protection 
Division of Agriculture Canada signs a written agreement with the Animal 
and Plant Health Inspection Service allowing such importation if the 
following conditions are met:
    (1) The Plant Protection Division of Agriculture Canada shall:
    (i) Eliminate individual inspections and phytosanitary certification 
of each shipment of articles exported in accordance with this section;
    (ii) Enter into written agreements with, and assign a unique 
identification number to, each greenhouse grower participating in the 
greenhouse program;
    (iii) Inspect greenhouses and the plants being grown in them using 
inspection methods and schedules approved by Plant Protection and 
Quarantine to ensure that the criteria of this subsection are met;
    (iv) Issue labels to each grower participating in the program. The 
labels issued to each grower shall bear a unique number identifying that 
grower, and shall bear the following statement: ``This shipment of 
greenhouse-grown plants meets the import requirements of the United 
States, and is believed to be free from injurious plant pests. Issued by 
Plant Protection Division, Agriculture Canada.'' The Plant Protection 
Division, Agriculture Canada shall also ensure that the label is placed 
on the outside of each container of articles exported under the 
agreement and that the grower's label is placed on an airway bill, bill 
of lading, or delivery ticket accompanying each shipment of articles; 
and
    (v) Ensure that only plants that are not excluded shipment by the 
criteria of this subsection are shipped.
    (2) Each greenhouse grower participating in the program shall enter 
into an agreement with the Plant Protection Division of Agriculture 
Canada in which the grower agrees to:
    (i) Maintain records of the kinds and quantities of plants grown in 
their greenhouses, including the date of receipt and place of origin of 
the plants, keep the records for at least one year after the plants are 
shipped to the United States, and make the records available for review 
and copying upon request by either the Plant Protection Division of 
Agriculture Canada or an authorized representative of the Secretary of 
Agriculture.
    (ii) Apply to the outside of each carton of plants grown in 
accordance with this subsection, so as to be readily visible to 
inspectors and customs officials, and to an airway bill, bill of lading, 
or delivery ticket for plants to be shipped to the United States, a 
label issued by Agriculture Canada including the identification number 
assigned to the grower by the Plant Protection Division of Agriculture 
Canada and the following certification statement: ``This shipment of 
greenhouse grown plants meets the import requirements of the United 
States, and is believed to be free from injurious plant pests. Issued by 
Plant Protection Division, Agriculture Canada.''
    (iii) Apply labels in accordance with paragraph (c)(2)(ii) of this 
section solely to cartons of plants that meet requirements of this 
chapter for import of these plants from Canada into the United States; 
and
    (iv) Use pest control practices approved by Plant Protection and 
Quarantine and the Plant Protection Division of Agriculture Canada to 
exclude pests from the greenhouses.

[57 FR 43148, Sept. 18, 1992]



Sec. 319.37-5  Special foreign inspection and certification requirements.

    (a) Any restricted article (except seeds; unrooted cuttings; 
articles collected from the wild; and articles solely for food, 
analytical, or manufacturing purposes) from a country listed below, at 
the time of arrival at the

[[Page 216]]

port of first arrival in the United States shall be accompanied by a 
phytosanitary certificate of inspection which shall contain an accurate 
additional declaration that such article was grown on land which has 
been sampled and microscopically inspected by the plant protection 
service of the country in which grown within 12 months preceding 
issuance of the certificate and found free from potato cyst nematodes, 
Globodera rostochiensis (Woll.) Behrens and G. pallida (Stone) Behrens:

    Algeria, Argentina, Australia, Austria, Azores, Belgium, Bolivia, 
Bulgaria, Canada (only that portion comprising Newfoundland, and the 
Land District of South Saanich on Vancouver Island in British Columbia), 
Channel Islands, Chile, Colombia, Costa Rica, Crete, Cyprus, 
Czechoslovakia, Denmark (including Faeroe Islands), Ecuador, Egypt, 
Federal Republic of Germany (West), Finland, France, German Democratic 
Republic (East), Great Britain, Greece, Guernsey, Hungary, Iceland, 
India, Ireland, Italy, Japan, Jersey, Jordan, Lebanon, Luxembourg, 
Malta, Mexico, Morocco, The Netherlands, New Zealand, Northern Ireland, 
Norway, Pakistan, Panama, Peru, the Philippines, Poland, Portugal, South 
Africa, Spain (including Canary Islands), Sweden, Switzerland, Tunisia, 
Union of Soviet Socialist Republics, Venezuela, and Yugoslavia.

    (b) (1) Any of the following restricted articles (except seeds) at 
the time of arrival at the port of first arrival in the United States 
must be accompanied by a phytosanitary certificate of inspection which 
contains an additional declaration that the article was grown in a 
nursery in Belgium, Canada, Federal Republic of Germany, France, Great 
Britain, or The Netherlands and that the article was found by the plant 
protection service of the country in which the article was grown to be 
free of the following injurious plant diseases listed in paragraph 
(b)(3) of this section: For Chaenomeles spp. (flowering quince) and 
Cydonia spp. (quince), diseases (i), (ii), (iv), (xviii), (xix), (xx), 
and (xxi); for Malus spp. (apple, crabapple), diseases (i), (ii), (iii), 
(vi), (vii), (xxii), and (xxiii); for Prunus spp. (almond, apricot, 
cherry, cherry laurel, English laurel, nectarine, peach, plum, prune), 
diseases (i), (ix) through (xvii), and (xxii); and for Pyrus spp. 
(pear), diseases (i), (ii), (iv), (v), (xviii), (xix), (xx), (xxi) and 
(xxii); and for Vitis spp. (grape) from Canada, diseases (xiv) through 
(xvii) and (xxiv) through (xliii). The determination by the plant 
protection service that the article is free of these diseases will be 
based on visual examination and indexing of the parent stock of the 
article and inspection of the nursery where the restricted article is 
grown to determine that the nursery is free of the specified diseases. 
An accurate additional declaration on the phytosanitary certificate of 
inspection by the plant protection service that a disease does not occur 
in the country in which the article was grown may be used in lieu of 
visual examination and indexing of the parent stock for that disease and 
inspection of the nursery.
    (2) Species of Prunus not immune to plum pox virus (species other 
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P. 
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P. 
subhirtella, P. yedoensis, and P. virginiana) and grown in Belgium, 
France, Germany, Great Britain, or The Netherlands shall be certified 
only from the government operated nurseries (research stations) where 
the certified plants were grown and the original parent stock is indexed 
for the appropriate national fruit tree certification program.
    (3) List of diseases.
    (i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of 
fruit).
    (ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit 
disease).
    (iii) Apple proliferation agent.
    (iv) Pear blister canker virus.
    (v) Pear bud drop virus.
    (vi) Diaporthe mali Bres. (Leaf, branch & fruit fungus).
    (vii) Apple green crinkle virus.
    (viii) Apple chat fruit virus.
    (ix) Plum pox (=Sharka) virus.
    (x) Cherry leaf roll virus.
    (xi) Cherry rusty mottle (European) agent.
    (xii) Apricot chlorotic leaf roll agent.
    (xiii) Plum bark split virus.
    (xiv) Arabis mosaic virus and its strains.
    (xv) Raspberry ringspot virus and its strains.

[[Page 217]]

    (xvi) Tomato blackring virus and its strains.
    (xvii) Strawberry latent ringspot virus and its strains.
    (xviii) Quince sooty ringspot agent.
    (xix) Quince yellow blotch agent.
    (xx) Quince stunt agent.
    (xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).
    (xxii)Valsa mali Miyabe and Yamada ex. Miura (Branch canker fungus).
    (xxiii) Apple ringspot virus.
    (xxiv) The following nematode transmitted viruses of the polyhedral 
type: Artichoke Italian latent virus, Grapevine Bulgarian latent virus, 
Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic 
virus.
    (xxv) Grapevine asteroid mosaic agent.
    (xxvi) Grapevine Bratislava mosaic virus.
    (xxvii) Grapevine chasselas latent agent.
    (xxviii) Grapevine corky bark ``Legno riccio'' agent.
    (xxix) Grapevine leaf roll agent.
    (xxx) Grapevine little leaf agent.
    (xxxi) Grapevine stem pitting agent.
    (xxxii) Grapevine vein mosaic agent.
    (xxxiii) Grapevine vein necrosis agent.
    (xxxiv) Flavescence-doree agent.
    (xxxv) Black wood agent (bois-noir).
    (xxxvi) Grapevine infectious necrosis bacterium.
    (xxxvii) Grapevine yellows disease bacterium.
    (xxxviii) Xanthomonas ampelina Panagopoulas.
    (xxxix) Peyronellaea glomerata Ciferri.
    (xl) Pseudopeziza tracheiphila Muller-Thur-gau.
    (xli) Rhacodiella vitis Sterenberg.
    (xlii) Rosellinia necratrix Prill.
    (xliii) Septoria melanosa (Vialla and Ravav) Elenk.
    (c) Any restricted article (except seeds) of Chrysanthemum spp. 
(chrysanthemum) or Dendranthema spp. (chrysanthemum) from any foreign 
place except Europe, Argentina, Brazil, Canada, Canary Islands, Chile, 
Colombia, Republic of South Africa, Uruguay, Venezuela, and all 
countries and localities located in part or entirely between 90 deg. and 
180 deg. East longitude shall at the time of arrival at the port of 
first arrival in United States be accompanied by a phytosanitary 
certificate of inspection containing an accurate additional declaration 
that such articles was grown in a greenhouse nursery and found by the 
plant protection service of the country in which grown to be free from 
white rust disease (caused by the rust fungus, Puccinia horiana P. 
Henn.) based on visual examination of the parent stock, of the articles 
for importation, and of the greenhouse nursery in which the articles for 
importation and the parent stock are grown, once a month for 4 
consecutive months immediately prior to importation.
    (d) Any restricted article (except seeds) of Dianthus spp. 
(carnation, sweet-william) from Great Britain shall be grown under 
postentry quarantine conditions specified in Sec. 319.37-7(c) unless at 
the time of arrival at the port of first arrival in the United States 
the phytosanitary certificate of inspection accompanying such article 
contains an accurate additional declaration that such article was grown 
in a greenhouse nursery in Great Britain and found by the plant 
protection service of Great Britain to be free from injurious plant 
diseases caused by Phialophora cinerescens (Wr.) van Beyma 
(=Verticillium cinerescens Wr.), carnation etched ring virus, carnation 
``streak'' virus, and carnation ``fleck'' virus, based on visual 
examination of the parent stock, of the articles for importation, and of 
the greenhouse nursery in which the articles for importation and the 
parent stock are grown, once a month for 4 consecutive months 
immediately prior to importation, and based on indexing of the parent 
stock.
    (e) Any restricted article (except seeds) of Rubus spp. (cloudberry, 
blackberry, boysenberry, dewberry, loganberry, raspberry) from Canada, 
shall be grown under postentry quarantine conditions specified in 
Sec. 319.37-7 unless at the time of arrival at the port of first arrival 
in the United States the phytosanitary certificate of inspection 
accompanying such article contains an accurate additional declaration 
that such article was found by the plant protection service of Canada to 
be free of Rubus stunt agent based on visual

[[Page 218]]

examination and indexing of the parent stock.7 
---------------------------------------------------------------------------

    7  Such testing is done under a Raspberry Plant Certification 
Program of Canada.
---------------------------------------------------------------------------

    (f) Any restricted article (except seeds) of Rubus spp. (cloudberry, 
blackberry, boysenberry, dewberry, loganberry, raspberry) from Europe at 
the time of arrival at the port of first arrival in the United States 
shall be accompanied by a phytosanitary certificate of inspection which 
shall contain an accurate additional declaration that such article was 
found by the plant protection service of the country of origin to be 
free of Rubus stunt agent based on visual examination and indexing of 
the parent stock.
    (g) Any seed of Cocos nucifera (coconut) at the time of arrival at 
the port of first arrival in the United States shall be accompanied by a 
phytosanitary certificate of inspection which shall contain an accurate 
additional declaration that such seed was found by the plant protection 
service of Costa Rica or of Jamacia to be of Malayan dwarf variety or 
Maypan variety (=F1 hybrid, Malayan Dwarf x Panama Tall) 
(which are resistant to lethal yellowing disease) based on visual 
examination of the parent stock.
    (h) Any restricted article of Fragaria spp. (strawberry) from Israel 
is prohibited as specified in Sec. 319.37-2(a) unless at the time of 
arrival at the port of first arrival in the United States the 
phytosanitary certificate accompanying the article of Fragaria spp. 
contains an additional declaration that stipulates that the parent stock 
was found free of red stele disease pathogen as well as any other 
damaging strawberry pathogens, based on visual inspection and indexing.
    (i) Any restricted article of Syringa spp. (lilac) from the 
Netherlands is prohibited as specified in Sec. 319.37-2(a) unless at the 
time of arrival at the port of first arrival in the United States the 
phytosanitary certificate accompanying the article of Syringa spp. 
(lilac) contains an accurate additional declaration that stipulates that 
the parent stock was found free of plant diseases by inspection and 
indexing and that the Syringa spp. (lilac) to be imported were 
propagated either by rooting cuttings from indexed parent plants or by 
grafting indexed parent plant material on seedling rootstocks, and were 
grown in fumigated soil (fumigated by applying 400 to 870 pounds of 
methyl bromide per acre and covering the soil with a tarpaulin for 7 
days) in a field at least three meters from the nearest non-indexed 
Syringa spp. (lilac).
    (j)(1) Seeds of Prunus spp. (almond, apricot, nectarine, peach, 
plum, and prune, but not species in the subgenus Cerasus) from Belgium, 
France, Federal Republic of Germany, The Netherlands, or Great Britain 
shall, at the time of arrival at the port of first arrival in the United 
States, be accompanied by a phytosanitary certificate of inspection, 
containing accurate additional declarations that:
    (i) The seeds are from parent stock grown in a nursery in Belgium, 
France, Federal Republic of Germany, The Netherlands, or Great Britain 
that is free of plum pox (Sharka) virus; and
    (ii) The seeds have been found by the plant protection service of 
the country in which grown to be free of plum pox (Sharka) virus based 
on the testing of parent stock by visual examination and indexing.
    (2) Seeds of Prunus spp. (almond, apricot, nectarine, peach, plum, 
and prune, but not species in the subgenus Cerasus), from all countries 
except those in Europe, Cyprus, Syria, and Turkey shall, at the time of 
arrival at the port of first arrival in the United States, be 
accompanied by a phytosanitary certificate of inspection, containing an 
accurate additional declaration that plum pox (Sharka) virus does not 
occur in the country in which the seeds were grown.
    (k) Any restricted article of Feijoa (feijoa, pineapple guava) from 
New Zealand shall undergo postentry quarantine in accordance with 
Sec. 319.37-7 unless the article, at the time of arrival at the port of 
first arrival in the United States, is accompanied by a phytosanitary 
certificate of inspection, containing an accurate additional declaration 
that New Zealand is free of Monilinia fructigena.
    (l) Any restricted article of Gladiolus, Watsonia or Crocosmia spp. 
from Luxembourg or Spain shall, at the time of

[[Page 219]]

arrival at the port of first arrival in the United States, be 
accompanied by a phytosanitary certificate of inspection, containing 
accurate additional declarations that:
    (1) The plants were grown in a disease free environment in a 
greenhouse;
    (2) The plants were subjected to 12 hours of continuous misting per 
day with water at 15-20 degrees Celsius on 2 consecutive days; and
    (3) The plants were inspected by a plant quarantine official of the 
country where grown 20 days after the completion of the misting and were 
found free of gladiolus rust.
    (m) Any restricted article of Acer palmatum or Acer japonicum from 
the Netherlands is prohibited unless the article is accompanied, at the 
time of arrival at the port of first arrival in the United States, by a 
phytosanitary certificate of inspection, containing an accurate 
additional declaration that the article is of a nonvariegated variety of 
A. palmatum or A. japonicum.
    (n) Any restricted article of Howea spp. (sentry palm) from 
Australia or New Zealand, is prohibited as specified in Sec. 319.37-2(a) 
unless at the time of arrival at the port of first arrival in the United 
States the phytosanitary certificate accompanying the article of Howea 
spp. contains both a declaration of origin and a declaration stipulating 
that the Howea is free of the lethal yellowing pathogen and the cadang-
cadang pathogen, as well as any other damaging palm pathogens, based on 
visual inspection.
    (o) Any Solanum tuberosum true seed imported from Chile shall, at 
the time of arrival at the port of first arrival in the United States, 
be accompanied by a phytosanitary certificate of inspection issued in 
Chile by the Servicio Agricola y Ganadero (SAG), containing additional 
declarations that:
    (1) The Solanum spp. true seed was produced by Solanum plants that 
were propagated from plantlets from the United States;
    (2) The Solanum plants that produced the Solanum tuberosum true seed 
were grown in the Tenth (X) Region of Chile (that area of the country 
between 39 deg. and 44 deg. South latitude); and
    (3) Solanum tuberosum tubers, plants, and true seed from each field 
in which the Solanum plants that produced the Solanum tuberosum true 
seed were grown have been sampled by SAG once per growing season at a 
rate to detect 1 percent contamination with a 99 percent confidence 
level (500 tubers/500 plants/500 true seeds per 1 hectare/2.5 acres), 
and that the samples have been analyzed by SAG using an enzyme-linked 
immunosorbent assay (ELISA) test or nucleic acid spot hybridization 
(NASH) non-reagent test, with negative results, for Andean Potato Latent 
Virus, Arracacha Virus B, Potato Virus T, the Andean Potato Calico 
Strain of Tobacco Ringspot Virus, and Potato Yellowing Virus.
    (p) In addition to meeting the requirements of this subpart, any 
trees with roots and any shrubs with roots and persistent woody stems, 
unless greenhouse-grown throughout the year, that are imported from 
Canada will be subject to the inspection and certification requirements 
for gypsy moth in Sec. 319.77-4 of this part.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 
FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Dec. 
30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30, 
1994; 60 FR 4530, Jan. 24, 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210, 
Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999]



Sec. 319.37-6  Specific treatment and other requirements.

    (a) Seeds of Hibiscus spp. (hibiscus, rose mallow) and seeds of 
Abelmoschus spp. (okra), from any foreign country or locality, at the 
time of importation into the United States, shall be treated for 
possible infestation with Pectinophora gossypiella (Saunders) (pink 
bollworm) in accordance with the applicable provisions of the Plant 
Protection and Quarantine Treatment Manual.8
---------------------------------------------------------------------------

    8  See footnote 6 in Sec. 319.37-4.
---------------------------------------------------------------------------

    (b) Seeds of Lathyrus spp. (sweet pea, peavine); Lens spp. (lentil); 
and Vicia spp. (fava bean, vetch) from countries and localities other 
than those in North America and Central America, at the time of 
importation into the

[[Page 220]]

United States, shall be treated for possible infestation with insects of 
the family Bruchidae in accordance with the applicable provisions of the 
Plant Protection and Quarantine Treatment Manual.
    (c) Bulbs of Allium sativum (garlic) from Algeria, Austria, 
Czechoslovakia, Egypt, France, Greece, Hungary, Iran, Israel, Italy, 
Morocco, Portugal, Republic of South Africa, Spain, Switzerland, Syria, 
Turkey, Union of Soviet Socialist Republics, Federal Republic of Germany 
(West), or Yugoslavia at the time of importation into the United States 
shall be treated for possible infestation with Brachycerus spp. and 
Dyspessa ulula (Bkh.) in accordance with the applicable provisions of 
the Plant Protection and Quarantine Treatment Manual.
    (d) Seeds of Guizotia abyssinica (niger seed) from any foreign 
place, at the time of arrival at the port of first arrival, shall be 
heat treated for possible infestation with Cuscuta spp. in accordance 
with the applicable provisions of the Plant Protection and Quarantine 
Treatment Manual.
    (e) Seeds of all species of the plant family Rutaceae from 
Afghanistan, Andaman Islands, Argentina, Bangladesh, Brazil, Burma, 
Caroline Islands, Comoro Islands, Fiji Islands, Home Island in Cocos 
(Keeling) Islands, Hong Kong, India, Indonesia, Ivory Coast, Japan, 
Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Nepal, 
Oman, Pakistan, Papua New Guinea, Paraguay, Peoples Republic of China, 
Philippines, Reunion Island, Rodriquez Islands, Ryukyu Islands, Saudi 
Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thursday Island, United 
Arab Emirates, Uruguay, Vietnam, Yemen (Sanaa), and Zaire, at the time 
of arrival at the port of first arrival in the United States shall be 
treated for possible infection with citrus canker by being immersed in 
water at 125  deg.F (51.6  deg.C) or higher for 10 minutes, and then 
immersed for a period of at least 2 minutes in a solution containing 200 
parts per million sodium hypochlorite at a pH of 6.0 to 7.5.
    (f) Seeds of Castanea and Quercus from all countries except Canada 
and Mexico at the time of arrival at the port of first arrival in the 
United States shall be treated for possible infestation with Curculio 
elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner, 
Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests 
of chestnut and acorn in accordance with the applicable provisions of 
the Plant Protection and Quarantine Treatment Manual.

[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 
FR 49504, July 25, 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR 
62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996]



Sec. 319.37-7  Postentry quarantine.

    (a) The following restricted articles, from the designated countries 
and localities, and any increase therefrom must be grown under postentry 
quarantine conditions specified in paragraphs (c) and (d) of this 
section, and may be imported or offered for importation into the United 
States only:
    (1) If destined for a State that has completed a State postentry 
quarantine agreement in accordance with paragraph (c) of this section;
    (2) If a postentry quarantine growing agreement has been completed 
and submitted to Plant Protection and Quarantine in accordance with 
paragraph (d) of this section. The agreement must be signed by the 
person (the importer) applying for a written permit for importation of 
the article in accordance with Sec. 319.37-3; and,
    (3) If Plant Protection and Quarantine has determined that the 
completed postentry quarantine growing agreement fulfills the applicable 
requirements of this section and that services by State inspectors are 
available to monitor and enforce the postentry quarantine:


------------------------------------------------------------------------
                                               Foreign Country(ies) or
   Restricted Article (excluding seeds)       Locality(ies) from which
                                                      imported
------------------------------------------------------------------------
Abelmoschus spp. (okra)...................  All except Africa,
                                             Bangladesh, Brazil, Canada,
                                             India, Iraq, Papua New
                                             Guinea, Sri Lanka, and
                                             Trinidad and Tobago.
Acacia spp. (acacia)......................  All except Australia,
                                             Canada, and Oceania.
Acer spp. (maple).........................  All except Canada, Europe,
                                             and Japan.
Actinidia spp. (Chinese gooseberry, kiwi).  All except Australia,
                                             Canada, Japan, New Zealand,
                                             and Taiwan.

[[Page 221]]

 
Aesculus spp. (horsechestnut).............  All except Canada,
                                             Czechoslovakia, Federal
                                             Republic of Germany,
                                             Romania, and the United
                                             Kingdom.
Althaea spp. (althaea, hollyhock).........  All except Africa,
                                             Bangladesh, Canada, India,
                                             and Sri Lanka.
Berberis spp. (barberry) destined to any    All.
 State except the eradication States
 listed in Sec.  301.38-2a of this chapter
 (plants of all species and horticultural
 varieties designated as resistant to
 black stem rust in accordance with Sec.
 301.38-1 of this chapter).
Blighia sapida (akee).....................  All except Canada, Ivory
                                             Coast, and Nigeria.
Bromeliaceae (bromeliads) destined to       All.
 Hawaii.
Cedrus spp. (cedar).......................  All except Canada and
                                             Europe.
Chaenomeles spp. (flowering quince)         Countries listed in Sec.
 meeting the conditions for importation in   319.37-5(b) except Canada.
 Sec.  319.37-5(b).
Chrysanthemum spp. (chrysanthemum) meeting  All except Argentina,
 the conditions in Sec.  319.37-5(c).        Brazil, Canada, Canary
                                             Islands, Chile, Colombia,
                                             Europe, Republic of South
                                             Africa, Uruguay, Venezuela,
                                             and all countries,
                                             territories, and
                                             possessions of countries
                                             located in part or entirely
                                             between 90 deg. and 180
                                             deg. East longitude.
Crataegus monogyna Jacq. (hawthorne,        Europe.
 thorneapple, red haw).
Crocosmia spp. (montebretia) (except        All except Africa,
 bulbs) not meeting the conditions for       Argentina, Brazil, Canada,
 importation in Sec.  319.37-5(l).           France, Italy, Luxembourg,
                                             Malta, Mauritius, Portugal,
                                             Spain, and Uruguay.
Cydonia spp. (quince) meeting the           Countries listed in Sec.
 conditions for importation in Sec.          319.37-5(b) except Canada.
 319.37-5(b).
Datura spp................................  All except Canada, Colombia
                                             and India.
Dendranthema spp. (chrysanthemum) meeting   All except Argentina,
 the conditions in Sec.  319.37-5(c).        Brazil, Canada, Canary
                                             Islands, Chile, Colombia,
                                             Europe, Republic of South
                                             Africa, Uruguay, Venezuela,
                                             and all countries,
                                             territories, and
                                             possessions of countries
                                             located in part or entirely
                                             between 90 deg. and 180
                                             deg. East longitude.
Dianthus spp. (carnation, sweet-william)..  Great Britain, unless
                                             exempted from postentry
                                             quarantine conditions
                                             pursuant to Sec.  319.37-
                                             5(d), and all other
                                             countries and localities
                                             except Canada.
Eucalyptus spp............................  All except Canada, Europe,
                                             Sri Lanka, and Uruguay.
Euonymus spp. (euonymus)..................  All except Canada, Japan,
                                             and Europe.
Fragaria spp. (strawberry)................  All except Australia,
                                             Austria, Canada,
                                             Czechoslovakia, France,
                                             Great Britain, Italy,
                                             Japan, Lebanon, The
                                             Netherlands, New Zealand,
                                             Northern Ireland, Republic
                                             of Ireland, Switzerland,
                                             and Union of Soviet
                                             Socialist Republics.
Fraxinus spp (ash)........................  All except Canada and
                                             Europe.
Fruit and nut articles listed by common     All except Canada.
 name in paragraph (b) of this section.
Gladiolus spp. (gladiolus) (except bulbs)   All except Africa,
 not meeting the condition for importation   Argentina, Brazil, Canada,
 in Sec.  319.37-5(l).                       France, Italy, Luxembourg,
                                             Malta, Mauritius, Portugal,
                                             Spain, and Uruguay.
Hibiscus spp. (kenaf, hibiscus, rose        All except Africa, Brazil,
 mallow).                                    Canada, and India.
Humulus spp. (hops).......................  All.
Hydrangea spp. (hydrangea)................  All except Canada and Japan.
Jasminum spp. (jasmine)...................  All except Canada, Belgium,
                                             Federal Republic of
                                             Germany, Great Britain,
                                             India, and the Philippines.
Juniperus spp. (juniper)..................  All except Canada and
                                             Europe.
Larix spp. (larch)........................  All except Canada, Japan,
                                             and Europe.
Ligustrum spp. (privet)...................  All except Canada and
                                             Europe.
Mahoberberis spp. destined to any State     All.
 except the eradication States listed in
 Sec.  301.38-2a of this chapter (plants
 of all species and horticultural
 varieties designated as resistant to
 black stem rust in accordance with Sec.
 301.38-1 of this chapter).
Mahonia spp. (mahonia) destined to any      All.
 State except the eradication States
 listed in Sec.  301.38-2a of this chapter
 (plants of all species and horticultural
 varieties designated as resistant to
 black stem rust in accordance with Sec.
 301.38-1 of this chapter).
Malus spp. (apple, crabapple) meeting the   Countries listed in Sec.
 conditions for importation in Sec.          319.37-5(b) except Canada.
 319.37-5(b).
Mespilus germanica (medlar)...............  Countries listed in Sec.
                                             319.37-5(b) except Canada.
Morus spp. (mulberry).....................  All except Canada, India,
                                             Japan, Korea, People's
                                             Republic of China,
                                             Thailand, and the
                                             geographic area formerly
                                             known as the Union of
                                             Soviet Socialist Republics.

[[Page 222]]

 
Nut and fruit articles (see fruit and nut
 articles).
Passiflora spp. (passion fruit,             All except Canada.
 granadilla).
Philadelphus spp. (mock orange)...........  All except Canada and
                                             Europe.
Picea spp. (spruce).......................  All except Canada, Europe,
                                             Japan, and Siberia.
Pinus spp. (pine) (2-or-3 leaved).........  All except Canada, Europe,
                                             and Japan.
Populus spp. (aspen, cottonwood, poplar)..  All except Canada and
                                             Europe.
Prunus spp. (almond, apricot, cherry,       Countries listed in Sec.
 cherry laurel, English laurel, nectarine,   319.37-5(b) except Canada.
 peach, plum, prune) meeting the
 conditions for importation in Sec.
 319.37-5(b).
Pseudolarix spp. (golden larch)...........  All except Canada, Japan,
                                             and Europe.
Pseudotsuga spp. (Douglas fir)............  All except Canada and
                                             Europe.
Pyrus spp. (pear) meeting the conditions    Countries listed in Sec.
 for importation in Sec.  319.37-5(b).       319.37-5(b) except Canada.
Quercus spp. (oak)........................  All except Canada and Japan.
Ribes spp. (currant, gooseberry)..........  All except Canada and
                                             Europe.
Rosa spp. (rose)..........................  All except Australia,
                                             Bulgaria, Canada, Italy,
                                             and New Zealand.
Rubus spp. (cloudberry, blackberry,         All unless exempted from
 boysenberry, dewberry, loganberry,          postentry quarantine
 raspberry).                                 conditions pursuant to Sec.
                                              319.37-5(e).
Salix spp. (willow).......................  Europe except Federal
                                             Republic of Germany (West),
                                             German Democratic Republic
                                             (East), Great Britain, and
                                             The Netherlands.
Sorbus spp. (mountain ash)................  All except Canada,
                                             Czechoslovakia, Denmark,
                                             and Federal Republic of
                                             Germany.
Syringa spp. (lilac)......................  The Netherlands, if the
                                             articles meet the
                                             conditions for importation
                                             in Sec.  319.37-5(i), and
                                             all other places except
                                             Canada and Europe.
Ulmus spp. (elm)..........................  All except Canada and
                                             Europe.
Watsonia spp. (bugle lily) (except bulbs)   All except Africa,
 not meeting the conditions for              Argentina, Brazil, Canada,
 importation in Sec.  319.37-5(l).           France, Italy, Luxembourg,
                                             Malta, Mauritius, Portugal,
                                             Spain, and Uruguay.
------------------------------------------------------------------------


    (b) Fruit and nut articles (common names are listed after scientific 
names).

    Achras--(Synonym for Manilkara)
    Annona-- custard apple, cherimoya, sweetsop, sugarapple, soursop, 
bullock's heart, alligator apple, suncoya, ilama, guanabana, pond apple
    Anacardium-- cashew
    Artocarpus-- breadfruit, jackfruit
    Averrhoa-- carambola
    Carica-- papaya, pawpaw
    Carissa-- natal plum
    Ceratonia-- St. Johnsbread
    Chrysobalanus-- coco plum
    Chrysophyllum-- starapple
    Corylus-- filbert, hazel, hazelnut, cobnut
    Crataegus-- hawthorne
    Diospyros-- persimmon, kaki, mabola
    Durio-- durian
    Eriobotrya-- loquat, Japanese medlar, Japanese plum
    Euphoria-- longan
    Eugenia-- roseapple, Malayapple, Curacaoapple
    Feijoa-- feijoa, pineapple guava (except from New Zealand if 
accompanied by a phytosanitary certificate of inspection in accordance 
with Sec. 319.37-5(k))
    Ficus-- fig
    Garcinia-- mangosteen, gourka
    Juglans-- walnut, butternut, heartnut, regranut, buartnut
    Lansium-- langsat
    Litchi-- lychee, leechee
    Macadamia-- macadamia nut, queensland nut
    Malpighia-- Barbados cherry
    Mammea-- mammeapple, mamey
    Mangifera-- mango
    Manilkara-- sapodilla
    Melicoccus-- honeyberry, mamoncilla, spanish lime, genip
    Nephelium-- rambutan, pulasan
    Olea-- olive
    Persea-- avocado, alligator pear
    Phoenix-- date
    Phyllanthus-- otaheite-gooseberry
    Pistacia-- pistachio
    Psidium-- guava, guayala
    Punica-- pomegranate, granada
    Pyronia-- quinpear
    Rhodomyrtus-- hill gooseberry, rose myrtle
    Spondias-- yellow mombin, red mombin, hog plum
    Syzygium-- Malayapple, rose apple, java plum
    Vaccinium-- blueberry, cranberry
    Ziziphus-- jujube

    (c) State Postentry quarantine agreement. (1) Articles required to 
undergo postentry quarantine in accordance with this section may only be 
imported if destined for postentry quarantine growing in a State which 
has entered into a written agreement with the Animal and Plant Health 
Inspection Service, signed by the Administrator or his or her designee 
and by the State Plant Regulatory Official. In accordance with the laws 
of individual States, inspection and other postentry quarantine services 
provided by a State may be subject to charges imposed by the State.

[[Page 223]]

    (i) The following States have entered into a postentry quarantine 
agreement in accordance with this paragraph:
    [Reserved]
    (2) In any such written agreement, the State shall agree to:
    (i) Establish State regulations and requirements prior to the 
effective date of the agreement and enforce such regulations and 
requirements necessary to inspect sites and plants growing in postentry 
quarantine and to monitor and enforce compliance with postentry 
quarantine growing in accordance with this section;
    (ii) Review pending permit applications for articles to be grown 
under postentry quarantine conditions in the State, upon request of 
Plant Protection and Quarantine, and report to the Postentry Quarantine 
Unit of Plant Protection and Quarantine whether the State would be able 
to provide inspection and monitoring services for the proposed postentry 
quarantine;
    (iii) Provide the services of State inspectors to: inspect sites to 
be used for postentry quarantine; report to the Postentry Quarantine 
Unit of Plant Protection and Quarantine whether the site is of adequate 
size to contain the number of plants proposed for importation, including 
potential increase if increase is allowed; inspect plants for evidence 
of exotic pests at least once during the first year and once during the 
second year for plants required to be grown in postentry quarantine for 
2 years, and at least once for plants required to be grown in quarantine 
for less than 2 years; and monitor and enforce compliance with the 
requirements of this section during the use of the sites for postentry 
quarantine;
    (iv) Report to the Postentry Quarantine Unit of Plant Protection and 
Quarantine any evidence of plant pests that are now know to exist in the 
United States and that are found at a postentry quarantine site by State 
inspectors; recommend to Plant Protection and Quarantine safeguards or 
mitigation measures to control the pests; and supervise the application 
of safeguards or mitigation measures approved by Plant Protection and 
Quarantine; and
    (v) Report to the Postentry Quarantine Unit of Plant Protection and 
Quarantine any propagation or increase in the number of plants that 
occurs during postentry quarantine.
    (3) In any such written agreement, the Administrator shall agree to:
    (i) Seek State review of permit applications for postentry 
quarantine material in that State, and issue permits only after 
determining that State services are available to monitor the postentry 
quarantine;
    (ii) Upon request of the State, provide training, technical advice, 
and pest identification services to State officials involved in 
providing postentry quarantine services in accordance with this section;
    (iii) Notify State officials, in writing and within ten days of the 
arrival, when plant material destined for postentry quarantine in their 
State arrives in the United States, and notify State officials in 
writing when materials in postentry quarantine may be released from 
quarantine in their State.
    (4) Termination of State postentry quarantine agreement. A State 
postentry quarantine agreement may be terminated by either the 
Administrator or the State Plant Regulatory Official by giving written 
notice of termination to the other party. The effective date of the 
termination will be 60 days after the date of actual receipt of notice, 
with regard to future importation to that State of articles requiring 
postentry quarantine in accordance with this section. When a postentry 
quarantine agreement is terminated by either the State Plant Regulatory 
Official or the Administrator, APHIS and the affected State shall 
continue to provide postentry quarantine services in accordance with the 
postentry quarantine agreement, until the time the plant material is 
eligible to be released from quarantine, for all postentry quarantine 
material already in the State, and for all postentry quarantine material 
that arrives in the State prior to the effective date of termination.
    (d) Postentry quarantine growing agreements. Any restricted article 
required to be grown under postentry quarantine conditions, as well as 
any increase therefrom, shall be grown in accordance with a postentry 
quarantine

[[Page 224]]

growing agreement signed by the person (the importer) applying for a 
written permit in accordance with Sec. 319.37-3 for importation of the 
article and submitted to Plant Protection and Quarantine. On each 
postentry quarantine growing agreement, APHIS shall also obtain the 
signature of the State Plant Regulatory Official for the State in which 
regulated articles covered by the agreement will be grown. The postentry 
quarantine growing agreement shall specify the kind, number, and origin 
of plants to be imported, and shall certify to APHIS and to the State in 
which the articles are grown that the signer of the agreement will 
comply with the following conditions for the period of time specified 
below:
    (1) To grow such article or increase therefrom only on specified 
premises owned, rented, or otherwise in possession of the importer, 
within a space of dimensions designated by an inspector, and to move, 
propagate, or allow propagation of the article or increase therefrom or 
parts thereof only with the written permission of an inspector and only 
to the extent prescribed by the inspector;
    (2) To permit an inspector to have access to the specified premises 
for inspection of such article during regular business hours;
    (3) To keep the article and any increase therefrom identified with a 
label showing the name of the article, port accession number, and date 
of importation;
    (4) To keep the article separated from any domestic plant or plant 
product of the same genus by no less than 3 meters (approximately 10 
feet); and from any other imported plant or plant product by the same 
distance;
    (5) To allow or apply remedial measures (including destruction) 
determined by an inspector to be necessary to prevent the spread of an 
injurious plant disease, injurious insect pest, or other plant pest;
    (6) To notify an inspector, orally or in writing, within 30 days of 
the time the importer or the person in charge of the growing site finds 
any abnormality of the article, or the article dies or is killed by the 
importer, the person in charge of the growing site, or any other person; 
to retain the abnormal or dead article for at least 60 days following 
that date of notification; and to give the abnormal or dead article to 
an inspector upon request;
    (7) To grow the article or increase therefrom, if an article of 
Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry, 
raspberry) from Europe, only in a screenhouse with screening of a 
minimum of 16 mesh per inch;
    (8) To grow the article or increase therefrom, if an article of 
Chrysanthemum spp. (chrysanthemum) or Dianthus spp. (carnation, sweet-
william), only in a greenhouse or other enclosed building; and
    (9) To comply with the above conditions for a period of 6 months 
after importation for an article of Chrysanthemum spp. (chrysanthemum), 
for a period of 1 year after importation for an article of Dianthus spp. 
(carnation, sweet-william), and for a period of 2 years after 
importation for any other such articles.
    (e) A completed postentry quarantine agreement shall accompany the 
application for a written permit for an article required to be grown 
under postentry quarantine conditions. 9
---------------------------------------------------------------------------

    9 Postentry quarantine agreement forms are available without 
charge from the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road 
Unit 136, Riverdale, Maryland 20737-1236, or local offices of the Plant 
Protection and Quarantine Programs which are listed in telephone 
directories.
---------------------------------------------------------------------------

    (f) Inspector-ordered disposal, movement, or safeguarding of 
restricted articles; costs and charges, civil and criminal liabilities.
    (1) Growing at unauthorized sites. If an inspector determines that 
any article subject to the postentry quarantine growing requirements of 
this section, or any increase therefrom, is being grown at an 
unauthorized site, the inspector may file an emergency action 
notification (PPQ form 523) with the owner of the article or the person 
who owns or is in possession of the site on which the article is being 
grown. The person named in the form 523 must, within the time specified 
in form 523, sign a postentry quarantine growing

[[Page 225]]

agreement, destroy, ship to a point outside the United States, move to 
an authorized postentry quarantine site, and/or apply treatments or 
other safeguards to the article, the increase therefrom, or any portion 
of the article or the increase therefrom, as prescribed by an inspector 
to prevent the introduction of plant pests into the United States. In 
choosing which action to order and in setting the time limit for the 
action, the inspector shall consider the degree of pest risk presented 
by the plant pest(s) associated with the kind of article (including 
increase therefrom), the types of other host materials for the pest in 
or near the growing site, the climate and season at the site in relation 
to the pest's survival, and the availability of treatment facilities.
    (2) Growing at authorized sites. If an inspector determines that any 
article, or any increase therefrom, grown at a site specified in an 
authorized postentry quarantine growing agreement is being grown 
contrary to the provisions of this section, including in numbers greater 
than the number approved by the postentry quarantine growing agreement, 
or in a manner that otherwise presents a risk of introducing plant pests 
into the United States, the inspector shall issue an emergency action 
notification (PPQ form 523) to the person who signed the postentry 
quarantine growing agreement. That person shall be responsible for 
carrying out all actions specified in the emergency action notification. 
The emergency action notification may extend the time for which the 
articles and the increase therefrom must be grown under the postentry 
quarantine conditions specified in the authorized postentry quarantine 
growing agreement, or may require that the person named in the 
notification must destroy, ship to a point outside the United States, or 
apply treatments or other safeguards to the article, the increase 
therefrom, or any portion of the article or the increase therefrom, 
within the time specified in the emergency action notification. In 
choosing which action to order and in setting the time limit for the 
action, the inspector shall consider the degree of pest risk presented 
by the plant pest(s) associated with the kind of article (including 
increase therefrom), the types of other host materials for the pest in 
or near the growing site, the climate and season at the site in relation 
to the pest's survival, and the availability of treatment facilities.
    (3) Costs and charges. All costs pursuant to any action ordered by 
an inspector in accordance with this section shall be borne by the 
person who signed the postentry quarantine growing agreement covering 
the site where the articles were grown, or if no such agreement was 
signed, by the owner of the articles at the growing site.
    (4) Civil and criminal liabilities. Any person who moves an article 
subject to postentry quarantine growing requirements from the site 
specified for that article in an authorized postentry quarantine growing 
agreement, or who otherwise handles such an article contrary to the 
requirements of this section, shall be subject to such civil penalties 
and such criminal liabilities as are provided by 18 U.S.C. 1001, 7 
U.S.C. 150gg and 163, or other applicable Federal statutes.
    (g) State. As used in this section, ``State'' means each of the 50 
States of the United States, the District of Columbia, Guam, Northern 
Mariana Islands, Puerto Rico, the Virgin Islands of the United States, 
and all other territories and possessions of the United States.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45 
FR 81531, Dec. 11, 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, 43150, 
Sept. 18, 1992; 58 FR 38267, July 16, 1993; 58 FR 41124, Aug. 2, 1993; 
59 FR 67610, Dec. 30, 1994; 61 FR 51210, Oct. 1, 1996]



Sec. 319.37-8  Growing media.

    (a) Any restricted article at the time of importation or offer for 
importation into the United States shall be free of sand, soil, earth, 
and other growing media, except as provided in paragraph (b), (c), (d) 
or (e) of this section.
    (b) A restricted article from Canada, other than from Newfoundland 
or from that portion of the Municipality of Central Saanich in the 
Province of British Columbia east of the West

[[Page 226]]

Saanich Road, may be imported in any growing medium.
    (c) A restricted article growing solely in agar or in other 
transparent or translucent tissue culture medium may be imported 
established in such growing media.
    (d) Epiphytic plants (including orchid plants) established solely on 
tree fern slabs, coconut husks, or coconut fiber may be imported on such 
growing media.
    (e) A restricted article of any of the following groups of plants 
may be imported established in an approved growing medium listed in this 
paragraph, if the article meets the conditions of this paragraph, and is 
accompanied by a phytosanitary certificate issued by the plant 
protection service of the country in which the article was grown that 
declares that the article meets the conditions of this paragraph: 
Alstroemeria, Ananas,10 Anthurium, Begonia, Gloxinia (= 
Sinningia), Nidularium,11 Peperomia, Polypodiophyta 
(=Filicales) (ferns), Rhododendron from Europe, and Saintpaulia.
---------------------------------------------------------------------------

    \10\ These articles are bromeliads, and if imported into Hawaii, 
bromeliads are subject to postentry quarantine in accordance with 
Sec. 319.37-7.
---------------------------------------------------------------------------

    (1) Approved growing media are baked expanded clay pellets, cork, 
glass wool, organic and inorganic fibers, peat, perlite, polymer 
stabilized starch, plastic particles, phenol formaldehyde, polyethylene, 
polystyrene, polyurethane, rock wool, sphagnum moss, ureaformaldehyde, 
vermiculite, or volcanic rock, or any combination of these media. 
Growing media must not have been previously used.
    (2) Articles imported under this paragraph must be grown in 
compliance with a written agreement for enforcement of this section 
signed by the plant protection service of the country where grown and 
Plant Protection and Quarantine, must be developed from mother stock 
that was inspected and found free from evidence of disease and pests by 
an APHIS inspector or foreign plant protection service inspector no more 
than 60 days prior to the time the article is established in the 
greenhouse (except for articles developed from seeds germinated in the 
greenhouse), and must be:
    (i) Grown in compliance with a written agreement between the grower 
and the plant protection service of the country where the article is 
grown, in which the grower agrees to comply with the provisions of this 
section and to allow inspectors, and representatives of the plant 
protection service of the country where the article is grown, access to 
the growing facility as necessary to monitor compliance with the 
provisions of this section;
    (ii) Grown solely in a greenhouse in which sanitary procedures 
adequate to exclude plant pests and diseases are always employed, 
including cleaning and disinfection of floors, benches and tools, and 
the application of measures to protect against any injurious plant 
diseases, injurious insect pests, and other plant pests. The greenhouse 
must be free from sand and soil and must have screening with openings of 
not more than 0.6 mm (0.2 mm for greenhouses growing Rhododendron spp.) 
on all vents and openings except entryways. All entryways must be 
equipped with automatic closing doors;
    (iii) Rooted and grown in an active state of foliar growth for at 
least four consecutive months immediately prior to importation into the 
United States, in a greenhouse unit that is used solely for articles 
grown in compliance with this paragraph;
    (iv) Grown from seeds germinated in the greenhouse unit; or 
descended from a mother plant that was grown for at least 9 months in 
the exporting country prior to importation into the United States of the 
descendent plants, provided that if the mother plant was imported into 
the exporting country from another country, it must be:
    (A) Grown for at least 12 months in the exporting country prior to 
importation of the descendent plants into the United States, or
    (B) Treated at the time of importation into the exporting country 
with a treatment prescribed for pests of that plant by the plant 
protection service of the exporting country and then grown for at least 
9 months in the exporting country prior to importation of the descendent 
plants into the United States;

[[Page 227]]

    (v) Watered only with rainwater that has been boiled or pasteurized, 
with clean well water, or with potable water;
    (vi) Rooted and grown in approved growing media listed in 
Sec. 319.37-8(e)(1) on benches supported by legs and raised at least 46 
cm above the floor;
    (vii) Stored and packaged only in areas free of sand, soil, earth, 
and plant pests;
    (viii) Inspected in the greenhouse and found free from evidence of 
plant pests and diseases by an APHIS inspector or an inspector of the 
plant protection service of the exporting country, no more than 30 days 
prior to the date of export to the United States;
    (ix) For Rhododendron species only, the plants must be propagated 
from mother plants that have been visually inspected by an APHIS 
inspector or an inspector of the plant protection service of the 
exporting country and found free of evidence of diseases caused by the 
following pathogens: Chrysomyxa ledi var. rhododendri, Erysiphe 
cruciferarum, Erysiphe rhododendri, Exobasidium vaccinnum and vaccinum 
var. japonicum, and Phomopsis theae; and
    (x) For Rhododendron species only, the plants must be grown solely 
in a greenhouse equipped with automatic closing double doors of an 
airlock type, so that whenever one of the doors in an entryway is open 
the other is closed, and the plants must be introduced into the 
greenhouse as tissue cultures or as rootless stem cuttings from mother 
plants that:
    (A) Have received a pesticide dip prescribed by the plant protection 
service of the exporting country for mites, scale insects, and whitefly; 
and
    (B) Have been grown for at least the previous 6 months in a 
greenhouse that meets the requirements of Sec. 319.37-8(e)(2)(ii).
    (f) A restricted article of Hyacinthus spp. (hyacinth) may be 
imported established in unused peat, sphagnum moss, or vermiculite 
growing media, or in synthetic growing media or synthetic horticultural 
foams, i.e., plastic particles, glass wool, organic and inorganic 
fibers, polyurethane, polystyrene, polyethylene, phenol formaldehyde, or 
ureaformaldehyde:
    (1) If there is a written agreement between Plant Protection and 
Quarantine and the plant protection service of the country where the 
article is grown in which the plant protection service of the country 
where the article is grown agrees to implement a program in compliance 
with the provisions of this section;
    (2) If there is a written agreement between the grower of the 
article and the plant protection service of the country in which the 
article is grown wherein the grower agrees to comply with the provisions 
of this section, wherein the grower agrees to allow an inspector access 
to the growing facility as necessary to monitor compliance with the 
provisions of this section, and wherein the grower agrees to allow 
representatives of the plant protection service of the country in which 
the article is grown access to the growing facility as necessary to make 
determinations concerning compliance with the provisions of this 
section;
    (3) If: (i) Inspected immediately prior to the growing period by the 
plant protection service of the country in which the article is to be 
grown and found to be free of injurious plant diseases, injurious insect 
pests, and other plant pests;
    (ii) Grown throughout its growing period only in a coldroom (with 
temperatures not exceeding 9 deg. C. (48 deg. F.)) within an enclosed 
building;
    (iii) Grown only in a coldroom unit solely used for articles grown 
under all the criteria specified in this paragraph (f);
    (iv) Grown only in unused peat, sphagnum moss, or vermiculite 
growing media; or grown only in synthetic growing media or synthetic 
horticultural foams, i.e., plastic particles, glass wool, organic and 
inorganic fibers, polyurethane, polystyrene, polyethylene, phenol 
formaldehyde, ureaformaldehyde;
    (v) Watered only with clean rainwater that has been pasteurized, 
with clean well water, or with potable water;
    (vi) Grown in a coldroom free of sand, soil, or earth;
    (vii) Grown only in a coldroom where strict sanitary procedures are 
always

[[Page 228]]

practiced, i.e., cleaning and disinfection of floors and tools and the 
application of measures to protect against any injurious plant diseases, 
injurious insect pests, and other plant pests; and
    (viii) Stored only in areas found free of sand, soil, earth, 
injurious plant diseases, injurious insect pests, and other plant pests;
    (4) If appropriate measures have been taken to assure that the 
article is to be stored, packaged, and shipped free of injurious plant 
diseases, injurious insect pests, and other plant pests;
    (5) If accompanied by a phytosanitary certificate of inspection 
containing an accurate additional declaration from the plant protection 
service of the country in which grown that the article meets conditions 
of growing, storing, and shipping in compliance with 7 CFR 319.37-8(f); 
and
    (6) If the accompanying phytosanitary certificate of inspection is 
endorsed by a Plant Protection and Quarantine inspector in the country 
of origin or at the time of offer for importation, representing a 
finding based on monitoring inspections that the conditions listed above 
are being met.
    (g) Pest risk evaluation standards for plants established in growing 
media. When evaluating a request to allow importation of additional taxa 
of plants established in growing media, the Animal and Plant Health 
Inspection Service will conduct the following analysis in determining 
the pest risks associated with each requested plant article and in 
determining whether or not to propose allowing importation into the 
United States of the requested plant article.
    (1) Collect commodity information. (i) Determine the kind of growing 
medium, origin and taxon of the regulated article.
    (ii) Collect information on the method of preparing the regulated 
article for importation.
    (iii) Evaluate history of past plant pest interceptions or 
introductions (including data from plant protection services of foreign 
countries) associated with each regulated article.
    (2) Catalog quarantine pests. For the regulated article specified in 
an application, determine what plant pests or potential plant pests are 
associated with the type of plant from which the regulated article was 
derived, in the country and locality of origin. A plant pest that meets 
one of the following criteria is a quarantine pest and will be further 
evaluated in accordance with paragraph (g)(3) of this section:
    (i) Non-indigenous plant pest not present in the United States;
    (ii) Non-indigenous plant pest, present in the United States and 
capable of further dissemination in the United States;
    (iii) Non-indigenous plant pest that is present in the United States 
and has reached probable limits of its ecological range, but differs 
genetically from the plant pest in the United States in a way that 
demonstrates a potential for greater damage potential in the United 
States;
    (iv) Native species of the United States that has reached probable 
limits of its ecological range, but differs genetically from the plant 
pest in the United States in a way that demonstrates a potential for 
greater damage potential in the United States; or
    (v) Non-indigenous or native plant pest that may be able to vector 
another plant pest that meets one of the criteria in (g)(2)(i) through 
(iv) of this section.
    (3) Conduct individual pest risk assessments. Each of the quarantine 
pests identified by application of the criteria in paragraph (g)(2) of 
this section will be evaluated based on the following estimates:
    (i) Estimate the probability the quarantine pest will be on, with, 
or in the regulated article at the time of importation;
    (ii) Estimate the probability the quarantine pest will survive in 
transit on the regulated article and enter the United States undetected;
    (iii) Estimate the probability of the quarantine pest colonizing 
once entered into the United States;
    (iv) Estimate the probability of the quarantine pest spreading 
beyond the colonized area; and
    (v) Estimate the actual and perceived economic, environmental and 
social damage that would occur if the quarantine pest is introduced, 
colonizes, and spreads.

[[Page 229]]

    (4) Determine overall estimation of risk based on compilation of 
component estimates. This step will evaluate whether the pest risk of 
importing a regulated article established in growing media, as developed 
through the estimates of paragraph (g)(3) of this section, is greater 
than the pest risk of importing the regulated article with bare roots as 
allowed by Sec. 319.37-8(a).
    (i) If the pest risk is determined to be the same or less, the 
regulated article established in growing media will be allowed 
importation under the same conditions as the same regulated article with 
bare roots.
    (ii) If the pest risk is determined to be greater for the regulated 
article established in growing media, APHIS will evaluate available 
mitigation measures to determine whether they would allow safe 
importation of the regulated article. Mitigation measures currently in 
use as requirements of this subsection, and any other mitigation methods 
relevant to the regulated article and plant pests involved, will be 
compared with the individual pest risk assessments in order to determine 
whether requiring particular mitigation measures in connection with 
importation of the regulated article would reduce the pest risk to a 
level equal to or less than the risk associated with importing the 
regulated article with bare roots as allowed by Sec. 319.37-8(a). If 
APHIS determines that use of particular mitigation measures could reduce 
the pest risk to this level, and determines that sufficient APHIS 
resources are available to implement or ensure implementation of the 
appropriate mitigation measures, APHIS will propose to allow importation 
into the United States of the requested regulated article if the 
appropriate mitigation measures are employed.

(Secs. 1, 5 and 9, 37 Stat. 315, 316, and 318, as amended; sec. 105, 71 
Stat. 32 (7 U.S.C. 154, 159, 162, 150ee); 37 FR 28464, 28477, as 
amended; 38 FR 19141)

[45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at 
57 FR 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, 
Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999]



Sec. 319.37-9  Approved packing material.

    Any restricted article at the time of importation or offer for 
importation into the United States shall not be packed in a packing 
material unless the plants were packed in the packing material 
immediately prior to shipment; such packing material is free from sand, 
soil, or earth (except for sand designated below); has not been used 
previously as packing material or otherwise; and is listed below:

    Baked or expanded clay pellets.
    Buckwheat hulls.
    Coral sand from Bermuda, if the article packed in such sand is 
accompanied by a phytosanitary certificate of inspection containing an 
accurate additional declaration from the plant protection service of 
Bermuda that such sand was free from soil.
    Excelsior.
    Exfoliated vermiculite.
    Ground cork.
    Ground peat.
    Ground rubber.
    Paper.
    Perlite.
    Polymer stabilized cellulose.
    Quarry gravel.
    Rock wool.
    Sawdust.
    Shavings--wood or cork.
    Sphagnum moss.
    Vegetable fiber when free of pulp, including coconut fiber and 
Osmunda fiber, but excluding sugarcane fiber and cotton fiber.
    Volcanic rock.

[45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992; 
60 FR 3078, Jan. 13, 1995]



Sec. 319.37-10  Marking and identity.

    (a) Any restricted article for importation other than by mail, at 
the time of importation or offer for importation into the United States 
shall plainly and correctly bear on the outer container (if in a 
container) or the restricted article (if not in a container) the 
following information:
    (1) General nature and quantity of the contents,
    (2) Country and locality where grown,
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the article,
    (4) Name and address of consignee,
    (5) Identifying shipper's mark and number, and
    (6) Number of written permit authorizing the importation if one was 
issued.

[[Page 230]]

    (b) Any restricted article for importation by mail shall be plainly 
and correctly addressed and mailed to the Plant Protection and 
Quarantine Programs at a port of entry listed in Sec. 319.37-14, shall 
be accompanied by a separate sheet of paper within the package plainly 
and correctly bearing the name, address, and telephone number of the 
intended recipient, and shall plainly and correctly bear on the outer 
container the following information:
    (1) General nature and quantity of the contents,
    (2) Country and locality where grown,
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the article, and
    (4) Number of written permit authorizing the importation, if one was 
issued.
    (c) Any restricted article for importation (by mail or otherwise), 
at the time of importation or offer for importation into the United 
States shall be accompanied by an invoice or packing list indicating the 
contents of the shipment.

(Approved by the Office of Management and Budget under control number 
0579-0049)


(44 U.S.C. 35)

[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.37-11  Arrival notification.

    Promptly upon arrival of any restricted article at a port of entry, 
the importer shall notify the Plant Protection and Quarantine Programs 
of the arrival by such means as a manifest, Customs entry document, 
commercial invoice, waybill, a broker's document, or a notice form 
provided for that purpose.

(Approved by the Office of Management and Budget under control number 
0579-0049)

(44 U.S.C. 35)

[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 319.37-12  Prohibited articles accompanying restricted articles.

    A restricted article for importation into the United States shall 
not be packed in the same container as an article prohibited importation 
into the United States by this part or part 321.



Sec. 319.37-13  Treatment and costs and charges for inspection and treatment.

    (a) The services of a Plant Protection and Quarantine inspector 
during regularly assigned hours of duty and at the usual places of duty 
shall be furnished without cost to the importer. \11\ No charge will be 
made to the importer for Government owned or controlled special 
inspection facilities and equipment used in treatment, but the inspector 
may require the importer to furnish any special labor, chemicals, 
packing materials, or other supplies required in handling an importation 
under the regulations in this subpart. The Plant Protection and 
Quarantine Programs will not be responsible for any costs or charges, 
other than those indicated in this section.
---------------------------------------------------------------------------

    \11\ Provisions relating to costs for other services of an inspector 
are contained in part 354.
---------------------------------------------------------------------------

    (b) Any treatment performed in the United States on a restricted 
article shall be performed by an inspector or under an inspector's 
supervision at a government-operated special inspection facility, except 
that an importer may have such treatment performed at a nongovernmental 
facility if the treatment is performed at nongovernment expense under 
the supervision of an inspector and in accordance with any applicable 
treatment requirements of this subpart and in accordance with any 
treatment required by an inspector as an emergency measure in order to 
prevent the dissemination of any injurious plant disease, injurious 
insect pest, or other plant pest, new to or not theretofore known to be 
widely prevalent or distributed within and throughout the United States. 
However, treatment may be performed at a nongovernmental facility only 
in cases of unavailability of government facilities and only if, in the 
judgment of an inspector, such article can be transported to such 
nongovernmental facility without the risk of introduction into the

[[Page 231]]

United States of injurious plant diseases, injurious insect pests, or 
---------------------------------------------------------------------------
other plant pests.

[45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18, 
1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996]



Sec. 319.37-14  Ports of entry.

    (a) Any restricted article required to be imported under a written 
permit pursuant to Sec. 319.37-3(a) (1) through (6) of this subpart, 
shall be imported or offered for importation only at a port of entry 
designated by an asterisk in paragraph (b) of this section; any other 
restricted article shall be imported or offered for importation at any 
port of entry listed in paragraph (b) of this section.
    (b) Any restricted article from Canada not required to be imported 
under a written permit pursuant to Sec. 319.37-3(a) (1) through (6) of 
this subpart may be imported at any port of entry listed in this 
paragraph, or at any Customs designated port of entry on the United 
States-Canada border (Customs designated ports of entry are listed in 19 
CFR part 101).

                         List of Ports of Entry

    Ports with special inspection and treatment facilities (plant 
inspection stations) are indicated by an asterisk (*).

                                 alabama

                                 Mobile

Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413, 
Mobile, AL 36601.

                                 alaska

                                Anchorage

Annex P.O. Box 6191, International Airport, Anchorage, AK 99502.

                                 arizona

                                *Nogales

Federal Inspection Station, Nogales, AZ 85621.

                                 Phoenix

Sky Harbor Airport, 3300 Sky Harbor Boulevard, Phoenix, AZ 85034.

                                San Luis

U.S. Border Station, P.O. Box 37, San Luis, AZ 85349.

                                 Tucson

Tucson International Airport, Tucson, AZ 85706.

                               california

                                Calexico

Federal Inspection Building, room 223, 200 First Street, P.O. Box 686, 
Calexico, CA 92231.

                              *Los Angeles

9650 LaCienega Boulevard, Building D North, Inglewood, CA 90301.

                                (Airport)

World Way Center Post Office, International Arrivals Area, Satellite 2, 
P.O. Box 90429, Los Angeles International Airport, Los Angeles, CA 
90009.

                               *San Diego

U.S. Border Station, P.O. Box 43L, San Ysidro, CA 92073.

                             *San Francisco

Plant Inspection Station, San Francisco International Airport, San 
Francisco, CA 94128.
San Francisco International Airport, P.O. Box 8026, Airport Station, San 
Francisco, CA 94128.
101 Agriculture Building, Embarcadero at Mission Street, P.O. Box 7673, 
San Francisco, CA 94120.

                               *San Pedro

(See Los Angeles)

                               Travis AFB

P.O. Box 1448, Travis Air Force Base, Fairfield, CA 94535.

                                colorado

                                 Denver

Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033.

                               connecticut

                               Wallingford

Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492.

                                delaware

                                Dover AFB

Building 500 (USDA), Dover Air Force Base, DE 19901.

                               Wilmington

Federal Building, room 1218A, 844 King Street, Box 03, Wilmington, DE 
19801.

[[Page 232]]

                          district of columbia

                      Dulles International Airport

(See Virginia)

                                 florida

                             Cape Canaveral

120 George King Boulevard, P.O. Box 158, Cape Canaveral, FL 32920.

                              Jacksonville

Federal Building, room 521, 400 West Bay Street, P.O. Box 35003, 
Jacksonville, FL 32202.

                                Key West

Federal Building, room 226, 301 Simonton Street, P.O. Box 1486, Key 
West, FL 33040.

                                 *Miami

Miami Inspection Station, 3500 NW. 62nd Avenue, P.O. Box 59-2136, Miami, 
FL 33159.
FAA & NWS Building, Box 59-2647 AMF, Miami, FL 33159.
Amman Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort 
Lauderdale, FL 33316. (Note: Restricted articles required to be imported 
under a written permit pursuant to Sec. 319.37-3(a)(1) through (6) of 
this subpart must be moved by ground transportation and under U.S. 
Customs bond to the Miami Inspection Station.)

                                *Orlando

Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL 
32827.

                                Pensacola

Federal Building, room 105, 100 North Palafax Street, P.O. Box 12561, 
Pensacola, FL 32573.

                                  Tampa

700 Twiggs Street, room 504, P.O. Box 266, Tampa, FL 33601.

                             West Palm Beach

158 Port Road, P.O. Box 10611, Riviera Beach, FL 33404.

                                (Airport)

Palm Beach International Airport, Port of Entry Building, West Palm 
Beach, FL 33406.

                                 georgia

                                 Atlanta

Hapeville Branch Post Office, Basement, 650 Central Avenue, P.O. Box 
82369, Hapeville, GA 30354.

                                Savannah

U.S. Court House & Federal Building, room B-9, 125-126 Bull Street, P.O. 
Box 9268, Savannah, GA 31402.

                                  guam

                                  Agana

P.O. Box 2950, Agana, GU 96910.

                                 hawaii

                                  Hilo

General Lyman Field, Hilo, HI 96720.

                           *Honolulu (Airport)

Honolulu International Airport, International Arrivals Building, Ewa 
end, Ground Level, P.O. Box 29757, Honolulu, HI 96820.

                              Wailuku, Maui

Federal Post Office Building, room 211, Wailuku, HI 96793.

                                illinois

                                 Chicago

U.S. Custom House, room 800, 610 South Canal Street, Chicago, IL 60607.

                                (Airport)

O'Hare International Arrivals Building, P.O. Box 66192, Chicago, IL 
60666.

                                louisiana

                               Baton Rouge

750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton 
Rouge, LA 70821.

                              *New Orleans

New Orleans International Airport, P.O. Box 20037, Airport Mailing 
Facility, New Orleans, LA 70140.
F. Edward He1bert Building, P.O. Box 2220, New Orleans, LA 70176.

                                  maine

                            Bangor (Airport)

International Arrivals Building, Bangor International Airport, Bangor, 
ME 04401.

                                Portland

U.S. Courthouse, 156 Federal Street, room 309, Portland, ME 04101.

                                maryland

                                Baltimore

Appraisers Stores Building, room 506, 103 South Gay Street, Baltimore, 
MD 21202.

[[Page 233]]

                                (Airport)

Foreign Arrivals Building, Baltimore Washington International Airport, 
Baltimore, MD 21240.

                               Beltsville

Plant Germplasm Quarantine Center (for USDA shipments only), Building 
320, Beltsville, Agricultural Research Center East, Beltsville, MD 
20705.

                              massachusetts

                                 Boston

Room 4, U.S. Custom House, Boston, MA 02109.

                                (Airport)

Logan International Airport, East Boston, MA 02128.

                                michigan

                                 Detroit

International Terminal, room 228, Metropolitan Airport, Detroit, MI 
48242.

                                minnesota

                                 Duluth

Board of Trade Building, room 420, 301 West First Street, Duluth, MN 
55802.

                                St. Paul

Minneapolis-St. Paul International Airport, International Charter 
Terminal, P.O. Box 1690, St. Paul, MN 55111.

                                missouri

                          Kansas City (Airport)

Kansas City International Airport, P.O. Box 20085, Kansas City, MO 
64195.

                     St. Louis International Airport

P.O. Box 858, St. Charles, MO 63301.

                               new jersey

                                *Hoboken

209 River Street, Hoboken, NJ 07030.

                               McGuire AFB

Building 1706, Passenger Terminal, Customs Area, P.O. Box 16073, McGuire 
Air Force Base, NJ 08641.

                                new york

                                 Albany

80 Wolf Road, Suite 503, Albany, NY 12205.

                                 Buffalo

Federal Building, room 1113, 111 West Huron Street, Buffalo, NY 14202.

                                New York

26 Federal Plaza, room 1747, New York, NY 10007.

                                *Jamaica

John F. Kennedy International Airport, Plant Inspection Station, Cargo 
Building 80, Jamaica, NY 11430.

    International Arrivals Building, room 2315,
      John F. Kennedy International Airport.

                              Rouses Point

St. John's Highway Border Station, room 118, Route 9B, P.O. Box 278, 
Rouses Point, NY 12979.

                             north carolina

                              Morehead City

Room 216, 113 Arendell, P.O. Box 272, Morehead City, NC 28557.

                               Wilmington

Rural Route 6, Box 53D, Wilmington, NC 28405.

                                  ohio

                                Cleveland

Federal Building, room 1749, 1240 East 9th Street, Cleveland, OH 44199.

                                 oregon

                                 Astoria

Port Docks, P.O. Box 354, Astoria, OR 97103.

                                Coos Bay

U.S. Postal Services Building, 235 West Anderson Street, P.O. Box 454, 
Coos Bay, OR 97420.

                                Portland

Federal Building, room 657, 511 NW. Broadway, Portland, OR 97209.

                              pennsylvania

                              Philadelphia

Custom House, room 1004, 2nd and Chestnut Streets, Philadelphia, PA 
19106.

                               puerto rico

                                Mayaguez

P.O. Box 3269, Marina Station, Mayaguez, PR 00708.

                                  Ponce

P.O. Box 68, Ponce Playa Station, Ponce, PR 00731.

[[Page 234]]

                                Hato Rey

Federal Office Building & U.S. Court House, room 206, Hato Rey, PR 
00918.

                             Roosevelt Roads

Roosevelt Roads Naval Station, P.O. Box 3008, Air Operations, FPO Miami, 
FL 34051.

                                *San Juan

Isla Verde International Airport, Foreign Arrivals Wing, San Juan, PR 
00904.

                              rhode island

                                 Warwick

48 Quaker Lane, West Warwick, RI 02893.

                             south carolina

                               Charleston

Room 513 Federal Building, P.O. Box 941, Charleston, SC 29402.

                                tennessee

                                 Memphis

Room 801 Mid Memphis Tower, 1407 Union Avenue, Memphis, TN 38104.

                                  texas

                              *Brownsville

Border Services Building, room 224 (Gateway Bridge), East Elizabeth and 
International Boulevard, P.O. Box 306, Brownsville, TX 78520.

                             Corpus Christi

807 Petroleum Tower, 811 Carancahua Street, P.O. Box 245, Corpus 
Christi, TX 78403.

                       Dallas-Fort Worth (Airport)

Dallas-Fort Worth Airport, P.O. Box 61063, Dallas-Ft. Worth Airport, TX 
75261.

                                 Del Rio

U.S. Border Inspection Station, room 135, International Bridge, P.O. Box 
1227, Del Rio, TX 78840.

                               Eagle Pass

U.S. Border Station, 160 Garrison Street, P.O. Box P, Eagle Pass, TX 
78852.

                                *El Paso

Cordova Border Station, room 172-A, 3600 East Paisano, El Paso, TX 
79905.

                                Galveston

Room 402, U.S. Post Office Building, 601 Rosenberg Street, P.O. Box 266, 
Galveston, TX 77553.

                                 Hidalgo

U.S. Border Station, Bridge Street, P.O. Drawer R, Hidalgo, TX 78557.

                                *Houston

(Airport) Houston Plant Inspection Station, 3016 McKaughan, Houston, TX 
77032.
U.S. Appraisers Stores Building, room 210 7300 Wingate Street, Houston, 
TX 77011.

                                 Laredo

La Posada Motel, rooms L8-13, 1000 Zaragoza Street, P.O. Box 277, 
Laredo, TX 78040.
Juarez-Lincoln International Bridge, 101 Santa Ursela, Laredo, TX 78040.
U.S. International Bridge No. 1, 100 Convent Avenue, Laredo, TX 78040.

                               Port Arthur

Federal Building, room 201, Fifth Street & Austin Avenue, P.O. Box 1227, 
Port Arthur, TX 77640.

                                Presidio

U.S. Border Station, International Bridge, P.O. Box 1001, Presidio, TX 
79845.

                                Progreso

Custom House Building, Progreso International Bridge, Progreso, TX 
78579.

                                  Roma

International Bridge, P.O. Box 185, Roma, TX 78584.

                               San Antonio

International Satellite, room 15-S, 9700 Airport Boulevard, San Antonio, 
TX 78216.

                   virgin islands of the united states

                               St. Thomas

Room 227, Federal Building, P.O. Box 8119, St. Thomas, Virgin Islands of 
the U.S. 00801.

                                (Airport)

Harry S. Truman Airport, Main Terminal Building, St. Thomas, Virgin 
Islands of the U.S. 00801.

                                St. Croix

Drawer 1548, Kingshill, St. Croix, Virgin Islands of the U.S. 00850.

                                virginia

                           Chantilly (Airport)

Dulles International Airport, International Arrivals Area, P.O. Box 
17134, Washington, DC 20041.

                              Newport News

P.O. Box 942, Newport News, VA 23607.

[[Page 235]]

                                 Norfolk

Federal Building, room 311, 200 Granby Mall, Norfolk, VA 23510.

                               washington

                                 Blaine

Custom House, room 216, P.O. Drawer C, Blaine, WA 98230.

                               McChord AFB

MAC Terminal, P.O. Box 4116, McChord Air Force Base, Tacoma, WA 98438.

                                *Seattle

Federal Office Building, room 9014, 909 First Avenue, Seattle, WA 98174.

                                (Airport)

Seattle-Tacoma International Airport, Seattle, WA 98158.

                                wisconsin

                                Milwaukee

International Arrivals Terminal, General Mitchell Field, 5300 South 
Howell Avenue, Milwaukee, WI 53207.

[45 FR 31585, May 13, 1980, as amended at 54 FR 34133, Aug. 18, 1989; 57 
FR 47978, Oct. 21, 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, Oct. 
1, 1996]



      Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles

    Source: 60 FR 27674, May 25, 1995, unless otherwise noted.



Sec. 319.40-1  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
employee of the United States Department of Agriculture delegated to act 
in his or her stead.
    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Bark chips. Bark fragments broken or shredded from log or branch 
surfaces.
    Certificate. A certificate of inspection relating to a regulated 
article, which is issued by an official authorized by the national 
government of the country in which the regulated article was produced or 
grown, which contains a description of the regulated article, which 
certifies that the regulated article has been inspected, is believed to 
be free of plant pests, and is believed to be eligible for importation 
pursuant to the laws and regulations of the United States, and which may 
contain any specific additional declarations required under this 
subpart.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in processing, handling, or moving regulated articles, in which 
the person agrees to comply with requirements contained in the 
agreement.
    Departmental permit. A document issued by the Administrator 
authorizing the importation of a regulated article for experimental, 
scientific, or educational purposes.
    Exporter statement. A written declaration by the exporter, 
accompanying a shipment at the time of importation, declaring the nature 
of the shipment and that the shipment contains no solid wood packing 
material.
    Free from rot. No more than two percent by weight of the regulated 
articles in a lot show visual evidence of fructification of fungi or 
growth of other microorganisms that cause decay and the breakdown of 
cell walls in the regulated articles.
    General permit. A written authorization contained in Sec. 319.40-3 
for any person to import the articles named by the general permit, in 
accordance with the requirements specified by the general permit, 
without being issued a specific permit.
    Humus, compost, and litter. Partially or wholly decayed plant 
matter.
    Import (imported, importation). To bring or move into the 
territorial limits of the United States.
    Importer document. A written declaration signed by the importer of 
regulated articles, which must accompany the regulated articles at the 
time of importation, in which the importer accurately declares 
information about the regulated articles required to be disclosed by 
Sec. 319.40-2(b).
    Importer statement. A written declaration by the importer, for a 
shipment containing solid wood packing material from the Peoples 
Republic of China including Hong Kong, affirming that the importer has 
on file at his or her office the certificate required under Sec. 319.40-
5(g)(2)(i).

[[Page 236]]

    Inspector. Any individual authorized by the Administrator to enforce 
this subpart.
    Log. The bole of a tree; trimmed timber that has not been sawn 
further than to form cants.
    Loose wood packing material. Excelsior (wood wool), sawdust, and 
wood shavings, produced as a result of sawing or shaving wood into 
small, slender, and curved pieces.
    Lot. All the regulated articles on a single means of conveyance that 
are derived from the same species of tree and were subjected to the same 
treatments prior to importation, and that are consigned to the same 
person.
    Lumber. Logs that have been sawn into boards, planks, or structural 
members such as beams.
    Permit. A specific permit to import a regulated article issued in 
accordance with Sec. 319.40-4, or a general permit promulgated in 
Sec. 319.40-3.
    Plant pest. Any living stage of any insects, mites, nematodes, 
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, 
other parasitic plants or reproductive parts of parasitic plants, 
noxious weeds, viruses, or any organism similar to or allied with any of 
the foregoing, or any infectious substances, which can injure or cause 
disease or damage in any plants, parts of plants, or any products of 
plants.
    Port of first arrival. The area (such as a seaport, airport, or land 
border station) where a person or a means of conveyance first arrives in 
the United States, and where inspection of regulated articles is carried 
out by inspectors.
    Primary processing. Any of the following processes: cleaning 
(removal of soil, limbs, and foliage), debarking, rough sawing (bucking 
or squaring), rough shaping, spraying with fungicide or insecticide 
sprays, and fumigation.
    Regulated article. The following articles, if they are unprocessed 
or have received only primary processing: logs; lumber; any whole tree; 
any cut tree or any portion of a tree, not solely consisting of leaves, 
flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust; 
painted raw wood products; excelsior (wood wool); wood chips; wood 
mulch; wood shavings; pickets; stakes; shingles; solid wood packing 
materials; humus; compost; and litter.
    Sealed container; sealable container. A completely enclosed 
container designed for the storage or transportation of cargo, and 
constructed of metal or fiberglass, or other rigid material, providing 
an enclosure which prevents the entrance or exit of plant pests and is 
accessed through doors that can be closed and secured with a lock or 
seal. Sealed (sealable) containers are distinct and separable from the 
means of conveyance carrying them.
    Solid wood packing material. Wood packing materials other than loose 
wood packing materials, used or for use with cargo to prevent damage, 
including, but not limited to, dunnage, crating, pallets, packing 
blocks, drums, cases, and skids.
    Specific permit. A written document issued by APHIS to the applicant 
in accordance with Sec. 319.40-4 that authorizes importation of articles 
in accordance with this subpart and specifies or refers to the 
regulations applicable to the particular importation.
    Treatment Manual. The Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this chapter 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    Tropical hardwoods. Hardwood timber species which grow only in 
tropical climates.
    United States. All of the States of the United States, the District 
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin 
Islands of the United States, and all other territories and possessions 
of the United States.
    Wood chips. Wood fragments broken or shredded from any wood.
    Wood mulch. Bark chips, wood chips, wood shavings, or sawdust 
intended for use as a protective or decorative ground cover.

[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 
63 FR 69542, Dec. 17, 1998]

[[Page 237]]



Sec. 319.40-2  General prohibitions and restrictions; relation to other regulations.

    (a) Permit required. Except for regulated articles exempted from 
this requirement by paragraph (c) of this section or Sec. 319.40-3, no 
regulated article may be imported unless a specific permit has been 
issued for importation of the regulated article in accordance with 
Sec. 319.40-4, and unless the regulated article meets all other 
applicable requirements of this subpart and any requirements specified 
by APHIS in the specific permit.
    (b) Importer document; documentation of type, quantity, and origin 
of regulated articles. Except for regulated articles exempted from this 
requirement by paragraph (c) of this section or Sec. 319.40-3, no 
regulated article may be imported unless it is accompanied by an 
importer document stating the following information. A certificate that 
contains this information may be used in lieu of an importer document at 
the option of the importer:
    (1) The genus and species of the tree from which the regulated 
article was derived;
    (2) The country, and locality if known, where the tree from which 
the regulated article was derived was harvested;
    (3) The quantity of the regulated article to be imported;
    (4) The use for which the regulated article is imported; and
    (5) Any treatments or handling of the regulated article required by 
this subpart that were performed prior to arrival at the port of first 
arrival.
    (c) Regulation of articles imported for propagation or human 
consumption. The requirements of this subpart do not apply to regulated 
articles that are allowed importation in accordance with Sec. 319.19, 
``Subpart--Citrus Canker and Other Citrus Diseases'', or Secs. 319.37 
through 319.37-14, ``Subpart--Nursery Stock, Plants, Roots, Bulbs, 
Seeds, and Other Plant Products''; or to regulated articles imported for 
human consumption that are allowed importation in accordance with 
Secs. 319.56 through 319.56-8, ``Subpart--Fruits and Vegetables.''
    (d) Regulated articles imported for experimental, scientific or 
educational purposes. Any regulated article may be imported without 
further restriction under this subpart if:
    (1) Imported by the United States Department of Agriculture for 
experimental, scientific, or educational purposes;
    (2) Imported pursuant to a Departmental permit issued by APHIS for 
the regulated article prior to its importation and kept on file at the 
port of first arrival; and
    (3) Imported under conditions specified on the Departmental permit 
and found by the Administrator to be adequate to prevent the 
introduction into the United States of plant pests.
    (e) Designation of additional regulated articles. An inspector may 
designate any article as a regulated article by giving written notice of 
the designation to the owner or person in possession or control of the 
article. APHIS will implement rulemaking to add articles designated as 
regulated articles to the definition of regulated article in 
Sec. 319.40-1 if importation of the article appears to present a 
recurring significant risk of introducing plant pests. Inspectors may 
designate an article as a regulated article after determining that:
    (1) The article was imported in the same container or hold as a 
regulated article;
    (2) Other articles of the same type imported from the same country 
have been found to carry plant pests; or
    (3) The article appears to be contaminated with regulated articles 
or soil.
    (f) In addition to meeting the requirements of this subpart, logs 
and pulpwood with bark attached imported from Canada are subject to the 
inspection and certification requirements for gypsy moth in Sec. 319.77-
4 of this part.

[60 FR 27674, May 25, 1995, as amended at 63 FR 13485, Mar. 20, 1998; 64 
FR 45866, Aug. 23, 1999]



Sec. 319.40-3  General permits; articles that may be imported without a specific permit; articles that may be imported without either a specific permit or an 
          importer document.

    (a) Canada and Mexico. APHIS hereby issues a general permit to 
import articles authorized by this paragraph. Regulated articles from 
Canada and from

[[Page 238]]

states in Mexico adjacent to the United States border, other than 
regulated articles of the subfamilies Aurantioideae, Rutoideae, and 
Toddalioideae of the botanical family Rutaceae, may be imported without 
restriction under this subpart, except that they must be accompanied by 
an importer document stating that the regulated articles are derived 
from trees harvested in, and have never been moved outside, Canada or 
states in Mexico adjacent to the United States border, and except that 
they are subject to the inspection and other requirements in 
Sec. 319.40-9.
    (b) Solid wood packing materials--(1) Free of bark; used with non-
regulated articles. APHIS hereby issues a general permit to import 
regulated articles authorized by this paragraph, except that solid wood 
packing material from the People's Republic of China including Hong Kong 
must be imported in accordance with Sec. 319.40-5(g), (h), and (i). 
Solid wood packing materials that are completely free of bark and are in 
actual use at the time of importation as packing materials for articles 
which are not regulated articles may be imported without restriction 
under this subpart, except that:
    (i) The solid wood packing materials are subject to the inspection 
and other requirements in Sec. 319.40-9; and
    (ii) The solid wood packing materials must be accompanied at the 
time of importation by an importer document, stating that the solid wood 
packing materials are totally free from bark, and apparently free from 
live plant pests.
    (2) Free of bark; used with regulated articles. APHIS hereby issues 
a general permit to import regulated articles authorized by this 
paragraph, except that solid wood packing material from the People's 
Republic of China including Hong Kong must be imported in accordance 
with Sec. 319.40-5(g), (h), and (i). Solid wood packing materials that 
are completely free of bark and are in actual use at the time of 
importation as packing materials for regulated articles may be imported 
without restriction under this subpart, except that:
    (i) The solid wood packing materials are subject to the inspection 
and other requirements in Sec. 319.40-9;
    (ii) The solid wood packing materials must be accompanied at the 
time of importation by an importer document, stating that the solid wood 
packing materials are totally free from bark, and apparently free from 
live plant pests; and
    (iii) The solid wood packing materials must be accompanied at the 
time of importation by an importer document, stating that the solid wood 
packing materials have been heat treated, fumigated, or treated with 
preservatives in accordance with Sec. 319.40-7, or meet all the 
importation and entry conditions required for the regulated article the 
solid wood packing material is used to move.
    (3) Not free of bark; used with regulated or nonregulated articles. 
APHIS hereby issues a general permit to import regulated articles 
authorized by this paragraph, except that solid wood packing material 
from the People's Republic of China including Hong Kong must be imported 
in accordance with Sec. 319.40-5(g), (h), and (i). Solid wood packing 
materials that are not completely free of bark and are in actual use as 
packing at the time of importation may be imported without restriction 
under this subpart, except that:
    (i) The solid wood packing materials are subject to the inspection 
and other requirements in Sec. 319.40-9;
    (ii) The solid wood packing materials must be accompanied at the 
time of importation by an importer document, stating that the solid wood 
packing materials have been heat treated, fumigated, or treated with 
preservatives in accordance with Sec. 319.40-7.
    (4) Pallets moved as cargo. APHIS hereby issues a general permit to 
import regulated articles authorized by this paragraph. Pallets that are 
completely free of bark and that are not in actual use as packing at the 
time of importation (i.e., pallets moved as cargo) may be imported 
without restriction under this subpart, except that:
    (i) The pallets are subject to the inspection and other requirements 
in Sec. 319.40-9; and
    (ii) The pallets are accompanied by an importer document stating 
that the

[[Page 239]]

pallets were previously eligible for importation in accordance with 
paragraph (b) of this section and have not had wood added to them since 
that use. Solid wood packing materials other than pallets that are 
imported as cargo must be imported in accordance with the requirements 
of this subpart for raw lumber.
    (c) Loose wood packing materials. APHIS hereby issues a general 
permit to import regulated articles authorized by this paragraph. Loose 
wood packing materials (whether in use as packing or imported as cargo) 
that are dry may be imported subject to the inspection and other 
requirements in Sec. 319.40-9 and without further restriction under this 
subpart.
    (d) Bamboo timber. APHIS hereby issues a general permit to import 
regulated articles authorized by this paragraph. Bamboo timber which is 
free of leaves and seeds and has been sawn or split lengthwise and dried 
may be imported subject to the inspection and other requirements in 
Sec. 319.40-9 and without further restriction under this subpart.
    (e) Regulated articles the permit process has determined to present 
no plant pest risk. Regulated articles for which a specific permit has 
been issued in accordance with Sec. 319.40-4(b)(2)(i) may be imported 
without other restriction under this subpart, except that they are 
subject to the inspection and other requirements in Sec. 319.40-9.

[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998; 
63 FR 69542, Dec. 17, 1998]



Sec. 319.40-4  Application for a permit to import regulated articles; issuance and withdrawal of permits.

    (a) Application procedure. A written application for a permit 
1 must be submitted to the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Port Operations Permit Unit, 
4700 River Road Unit 136, Riverdale, MD 20737-1236. The completed 
application must include the following information:
---------------------------------------------------------------------------

    \1\ Application forms for permits are available without charge from 
the Administrator, c/o the Permit Unit, Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, 4700 River Road, Riverdale, MD 20737, or local offices of 
Plant Protection and Quarantine, which are listed in telephone 
directories.
---------------------------------------------------------------------------

    (1) The specific type of regulated article to be imported, including 
the genus and species name of the tree from which the regulated article 
was derived;
    (2) Country, and locality if known, where the tree from which the 
regulated article was derived was harvested;
    (3) The quantity of the regulated article to be imported;
    (4) A description of any processing, treatment or handling of the 
regulated article to be performed prior to importation, including the 
location where any processing or treatment was or will be performed and 
the names and dosage of any chemicals employed in treatments;
    (5) A description of any processing, treatment, or handling of the 
regulated article intended to be performed following importation, 
including the location where any processing or treatment will be 
performed and the names and dosage of any chemicals employed in 
treatments;
    (6) Whether the regulated article will or will not be imported in a 
sealed container or in a hold;
    (7) The means of conveyance to be used to import the regulated 
article;
    (8) The intended port of first arrival in the United States of the 
regulated article, and any subsequent ports in the United States at 
which regulated articles may be unloaded;
    (9) The destination and general intended use of the regulated 
article;
    (10) The name and address of the applicant and, if the applicant's 
address is not within the United States, the name and address of an 
agent in the United States whom the applicant names for acceptance of 
service of process; and
    (11) A statement certifying the applicant as the importer of record.
    (b) Review of application and issuance of permit. After receipt and 
review of the application, APHIS shall determine whether it appears that 
the regulated article at the time of importation will meet either the 
specific importation

[[Page 240]]

requirements in Sec. 319.40-5 or the universal importation requirements 
in Sec. 319.40-6.
    (1) If it appears that the regulated article proposed for 
importation will meet the requirements of either Sec. 319.40-5 or 
Sec. 319.40-6, a permit stating the applicable conditions for 
importation under this subpart shall be issued for the importation of 
the regulated article identified in the application.
    (2) If it appears that the regulated article proposed for 
importation will not meet the requirements of either Sec. 319.40-5 or 
Sec. 319.40-6 because these sections do not address the particular 
regulated article identified in the application, APHIS shall review the 
application by applying the plant pest risk assessment standards 
specified in Sec. 319.40-11.
    (i) If this review reveals that importation of the regulated article 
under a permit and subject to the inspection and other requirements in 
Sec. 319.40-9, but without any further conditions, will not result in 
the introduction of plant pests into the United States, a permit for 
importation of the regulated article shall be issued. The permit may 
only be issued in unique and unforeseen circumstances when the 
importation of the regulated article is not expected to recur.
    (ii) If this review reveals that the regulated article may be 
imported under conditions that would reduce the plant pest risk to an 
insignificant level, APHIS may implement rulemaking to add the 
additional conditions to this subpart, and after the regulations are 
effective, may issue a permit for importation of the regulated article.
    (3) No permit will be issued to an applicant who has had a permit 
withdrawn under paragraph (d) of this section during the 12 months prior 
to receipt of the permit application by APHIS, unless the withdrawn 
permit has been reinstated upon appeal.
    (c) Permit does not guarantee eligibility for import. Even if a 
permit has been issued for the importation of a regulated article, the 
regulated article may be imported only if all applicable requirements of 
this subpart are met and only if an inspector at the port of first 
arrival determines that no emergency measures pursuant to the Federal 
Plant Pest Act or other measures pursuant to the Plant Quarantine Act 
are necessary with respect to the regulated article.2
---------------------------------------------------------------------------

    \2\ Section 105(a) of the Federal Plant Pest Act (7 U.S.C. 150dd(a)) 
provides, among other things, that the Secretary of Agriculture may, 
whenever he deems it necessary as an emergency measure in order to 
prevent the dissemination of any plant pest new to or not theretofore 
known to be widely prevalent or distributed within and throughout the 
United States, seize, quarantine, treat, apply other remedial measures 
to, destroy, or dispose of, in such manner as he deems appropriate, 
subject to section 105(d) of the Federal Plant Pest Act (7 U.S.C. 
150dd(d)), any product or article, including any article subject to this 
subpart, which is moving into or through the United States, and which he 
has reason to believe is infested with any such plant pest at the time 
of the movement, or which has moved into the United States, and which he 
has reason to believe was infested with any such plant pest at the time 
of the movement. Section 10 of the Plant Quarantine Act (7 U.S.C. 164a) 
and section 107 of the Federal Plant Pest Act (7 U.S.C. 150ff) also 
authorize measures against regulated articles which are not in 
compliance with this subpart.
---------------------------------------------------------------------------

    (d) Denial and withdrawal of permits. Any permit which has been 
issued may be withdrawn by an inspector or the Administrator if he or 
she determines that the person to whom the permit was issued has 
violated any requirement of this subpart. If the withdrawal is oral, the 
decision to withdraw the permit and the reasons for the withdrawal of 
the permit shall be confirmed in writing as promptly as circumstances 
permit. Any person whose permit has been denied or withdrawn may appeal 
the decision in writing to the Administrator within 10 days after 
receiving the written notification of the withdrawal. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the permit was wrongfully denied or withdrawn. The Administrator 
shall grant or deny the appeal, in writing, stating the reasons for 
granting or denying the appeal as promptly as circumstances permit. If 
there is a conflict as to any material fact and the person from whom the 
permit is withdrawn requests a hearing, a hearing shall be held to 
resolve the conflict. Rules of

[[Page 241]]

practice concerning the hearing shall be adopted by the Administrator.



Sec. 319.40-5  Importation and entry requirements for specified articles.

    (a) Bamboo timber. Bamboo timber consisting of whole culms or canes 
may be imported into Guam or the Northern Mariana Islands subject to 
inspection and other requirements of Sec. 319.40-9. Bamboo timber 
consisting of whole culms or canes that are completely dry as evidenced 
by lack of moisture in node tissue may be imported into any part of the 
United States subject to inspection and other requirements of 
Sec. 319.40-9.
    (b) Monterey pine logs and lumber from Chile and New Zealand; 
Douglas-fir logs and lumber from New Zealand--(1) Logs--(i) Requirements 
prior to importation. Monterey or Radiata pine (Pinus radiata) logs from 
Chile or New Zealand and Douglas-fir (Pseudotsuga menziesii) logs from 
New Zealand that are accompanied by a certificate stating that the logs 
meet the requirements of paragraph (b)(1)(i) (A) through (D) of this 
section, and that are consigned to a facility in the United States that 
operates in accordance with Sec. 319.40-8, may be imported in accordance 
with paragraphs (b)(1)(i)(A) through (b)(1)(iii) of this section.
    (A) The logs must be from live healthy trees which are apparently 
free of plant pests, plant pest damage, and decay organisms.
    (B) The logs must be debarked in accordance with Sec. 319.40-7(b) 
prior to fumigation.
    (C) The logs and any solid wood packing materials to be used with 
the logs during shipment to the United States must be fumigated in 
accordance with Sec. 319.40-7(f)(1), within 45 days following the date 
the trees are felled and prior to arrival of the logs in the United 
States, in the holds or in sealable containers. Fumigation must be 
conducted in the same sealable container or hold in which the logs and 
solid wood packing materials are exported to the United States.
    (D) During shipment to the United States, no other regulated article 
is permitted on the means of conveyance with the logs, unless the logs 
and the other regulated articles are in separate holds or separate 
sealed containers, or, if the logs and other regulated articles are 
mixed in a hold or sealed container, the other regulated articles either 
have been heat treated with moisture reduction in accordance with 
Sec. 319.40-7(d), or have been fumigated in the hold or sealable 
container in accordance with paragraph (b)(1)(i)(C) of this section.
    (ii) Requirements upon arrival in the United States. The following 
requirements apply upon arrival of the logs in the United States.
    (A) The logs must be kept segregated from other regulated articles 
from the time of discharge from the means of conveyance until the logs 
are completely processed at a facility in the United States that 
operates under a compliance agreement in accordance with Sec. 319.40-8.
    (B) The logs must be moved from the port of first arrival to the 
facility that operates under a compliance agreement in accordance with 
Sec. 319.40-8 by as direct a route as reasonably possible.
    (iii) Requirements at the processing facility. The logs must be 
consigned to a facility operating under a compliance agreement in 
accordance with Sec. 319.40-8 that includes the following requirements:
    (A) Logs or any products generated from logs, including lumber, must 
be heat treated in accordance with Sec. 319.40-7(c), or heat treated 
with moisture reduction in accordance with Sec. 319.40-7(d).
    (B) The logs, including sawdust, wood chips, or other products 
generated from the logs in the United States, must be processed in 
accordance with paragraph (b)(1)(iii) of this section within 60 days 
from the time the logs are released from the port of first arrival.
    (C) Sawdust, wood chips, and waste generated by sawing or processing 
the logs must be disposed of by burning, heat treatment in accordance 
with Sec. 319.40-7(c), heat treatment with moisture reduction in 
accordance with Sec. 319.40-7(d), or other processing that will destroy 
any plant pests associated with the sawdust, wood chips, and waste. 
Composting and use of the sawdust, wood chips, and waste as mulch are 
prohibited unless composting and use as mulch are preceded by fumigation 
in accordance with Sec. 319.40-7(f)(3),

[[Page 242]]

heat treatment in accordance with Sec. 319.40-7(c), or heat treatment 
with moisture reduction in accordance with Sec. 319.40-7(d). Wood chips, 
sawdust, and waste may be moved in enclosed trucks for processing at 
another facility operating under a compliance agreement in accordance 
with Sec. 319.40-8.
    (2) Raw lumber. Raw lumber, including solid wood packing materials 
imported as cargo, from Chile or New Zealand derived from Monterey or 
Radiata pine (Pinus radiata) logs and raw lumber from New Zealand 
derived from Douglas-fir (Pseudotsuga menziesii) logs may be imported in 
accordance with paragraphs (b)(2) (i) and (ii) of this section.
    (i) During shipment to the United States, no other regulated article 
(other than solid wood packing materials) is permitted on the means of 
conveyance with the raw lumber, unless the raw lumber and the other 
regulated articles are in separate holds or separate sealed